Last Updated June 15, 2020
(a) In General
Descriptions of the Merchant Offerings and Products advertised on the Site are provided by the Merchant or other referenced third parties. Hownd does not investigate or vet Merchants. Hownd is not responsible for any claims associated with the description of the Merchant Offerings or Products. Pricing relating to certain Merchant Offerings, Products, and other available programs on the Site may change at any time in Hownd’s sole discretion without notice.
A Merchant may advertise goods, services or experiences on the Site, or with respect to Products, supply products that require Merchant to have an up-to-date regulatory authorization, license, or certification. Hownd does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including, without limitation, Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation you deem necessary or appropriate before purchasing or redeeming any Merchant Offering or Product to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.
Hownd is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site.
If an offer becomes unavailable between ordering and processing, Hownd will either cancel or not process the order and will notify you by email.
Hownd does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Hownd reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, Hownd will attempt to notify you by email or the Site. In addition, Hownd reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.
(b) Merchant Offerings
Vouchers are distributed by either Hownd or its affiliates and are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. Any service fee retained by Hownd from the sale of a Merchant Voucher is compensation to Hownd for marketing, promoting, advertising, and distributing the Merchant Voucher on behalf of the Merchant. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Hownd and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.
By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase (the “fine print” regardless of how labeled), the Terms of Service and these Terms of Sale. These rules apply to all Vouchers that we make available, unless a particular Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s fine print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms of Service (including, without limitation, the Terms of Sale) will render the Voucher void.
The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings and Products on the Site may change at any time in Hownd’s discretion, without notice.
Coupons are offered by Merchants to consumers throughout the Site, including, without limitation, a portion of the Site dedicated to Coupons. Coupons are subject to the terms and conditions as specified by the Merchant. By obtaining or purchasing a Coupon through the Site, you acquire the right to redeem the Coupon with the Merchant. Any service fee retained by Hownd from the sale of a Coupon, if applicable, is compensation to Hownd for marketing, promoting, advertising, and distributing the Coupons on behalf of the Merchant. As the issuer of the Coupon, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Coupons have no cash or residual value. Hownd does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. Hownd is not a party to any transaction that the Merchant and you may enter into as a result of you claiming any Coupon.
(iii) Merchant Gift Cards
Merchant Gift Cards are offered by Merchants to consumers subject to the terms and conditions specified by the Merchant on the face of the Merchant Gift Card. By obtaining or purchasing a Merchant Gift Card through the Site, you acquire the right to redeem the Merchant Gift Card with the Merchant. Any service fee retained by Hownd from the sale of a Merchant Gift Card is compensation to Hownd for marketing, promoting, advertising, and distributing the Merchant Gift Cards on behalf of the Merchant. As the issuer of the Merchant Gift Card, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Hownd does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. Hownd is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Merchant Gift Card.
Through the Site, certain Merchants allow you to book appointments for events and services on a specific date and time, and most allow you to also pay for those events and services through the Site. Any restrictions regarding availability of appointments will vary by Merchant and will be stated on the Merchant’s page. Unless disclosed on the Merchant’s page, any charges for the events and services booked through the Site, applicable sales taxes, and applicable gratuity will be charged after the appointment. The booking of your appointment is not complete until you receive confirmation from the Merchant that your appointment is confirmed. If you do not cancel a confirmed appointment before the Merchant’s cancellation deadline, you will be charged the cancellation fee specified by the Merchant and disclosed on the Merchant’s page. The Merchant is solely responsible for all availability and all events and services provided on and/or through the Site.
(v) MyHownd Consumer Purchase Protection Program
While the Merchant is the sole issuer of Vouchers and Merchant Gift Cards, Hownd may, from time to time on or after April 18, 2020, choose to include some of these Merchant Offerings in the “MyHownd Consumer Purchase Protection Program” (or similar). Merchant Offerings included in this program may include special wording or branding that expresses coverage in this program. If covered, Hownd will guarantee the paid value of the Merchant Offering for a period of six (6) months after initial purchase in the situation in which the merchant ceases business operations (i.e. closes its doors, goes out of business). Hownd does not guarantee any other situation, including dissatisfaction with service quality, etc.
To initiate a request under this program, you should contact email@example.com not earlier than 90 days after purchase, but no later than 180 days after purchase. After investigating the claim, Hownd may, at its sole discretion, choose to either refund the paid amount to you or allow exchange for a promotion from another merchant near you at an equivalent or higher face value.