Legends Hospitality Gift Cardholder Terms and Conditions

Legends Hospitality Gift Cards are issued by Legends Hospitality, LLC (hereinafter “Legends”), a Delaware limited liability company. The terms and conditions herein govern all physical and digital Gift Cards purchased, obtained, redeemed, or used in the United States and its territories (this “Agreement”). By using your Gift Card you accept and agree to be bound by these terms and conditions. In this Agreement “Gift Card(s)” means your gift card issued by an authorized Legends Hospitality retailer or online store. “You” and “Your” mean the customer to whom we issue one or more Gift Cards and anyone else authorized to use the Gift Cards. “We”, “us”, and “our” mean Legends, our successors, affiliates or assignees.

 

Using your Gift Card:

This Gift Card is not a credit card. The Gift Card is not connected in any way to any other account and is not FDIC insured. The amount of your Gift Card purchase denomination, less the amount of any subsequent purchases you make and any charges you incur pursuant to this Agreement equals your “Available Funds”. You may only use your Gift Card if you have sufficient Available Funds, and only up to the amount of your Available Funds.

The Gift Card will remain the property of the Legends and must be surrendered upon demand. The Gift Card is non-transferable and non-refundable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. You may redeem the Gift Card towards the purchase of eligible food and beverage at the Legends owned or operated food and beverage location listed on the Gift Card.

The Gift Card is provided for your personal use only, and you will (a) not make it available to anyone else; (b) use the Gift Card as instructed in accordance with these terms and conditions; (c) promptly notify us of any loss or theft of the Gift Card. Treat your Gift Card as you would cash. If your Gift Card is lost or stolen, it cannot be replaced. We are not responsible for lost or stolen cards under any circumstances. Should Legends, in its sole discretion, choose to issue a new Gift Card, a shipping and handling fee may be imposed. You are wholly responsible for the use of each Gift Card according to the terms of this Agreement.

 

Limitations on Transactions:

You must have sufficient Available Funds to pay for all Gift Card transactions. If your purchase amount is greater than your Available Funds, the difference can be paid for with cash, another Gift Card or credit card subject to the applicable credit card acceptance policy. However, you must know your Available Funds and inform the Legends merchant to process the card for no more than that amount. If the Legends merchant attempts to process the Gift Card for more than your Available Funds, the transaction will generally apply the Available Funds to the purchase transaction, and require further tendering via Cash, Credit Card or another Gift Card for the remaining balance. Nevertheless, if a transaction that exceeds the balance of the funds available on your Gift Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges associated with such transaction.

Gift cards cannot be returned, resold, used to purchase other Gift Cards, used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, redeemed for more than face value, or redeemed for cash (except to the extent required by law). Gift Cards may not be used to purchase goods or services at any Legends locations outside of the United States or its territories.

 

Confirmation of Available Funds:

Your Gift Card funds do not expire. You may confirm the amount of your Available Funds remaining on your Gift Card by visiting the website located on the Gift Card.

 

Privacy of Information: We reserve the right to disclose information to third parties about your Gift Card or the transactions you make in the following circumstances:

  • Where it is necessary for completing transactions; or
  • To comply with a government agency request, court orders, or other legal reporting requirements; or
  • If you give us your written permission; or
  • To our employees, auditors, affiliates, service providers, or attorneys as needed.

 

Amendment, Cancellation:

We may amend or change the terms of this Agreement at any time. You may cancel this Agreement by returning the Gift Card to us. Cancellation will not affect any of our rights or your obligations arising under this Agreement prior to cancellation. If you violate the terms of this Gift Card Agreement, we suspect or believe that a Gift Card was obtained, used, or applied to a purchase fraudulently, unlawfully, or otherwise in violation of this Gift Card Agreement, or use any Gift Card in a manner that we suspect or believe is fraudulent, misleading, deceptive, unfair, or otherwise harmful to Legends, its affiliates, successors, parents, subsidiaries, or assigns, we reserve the right, without notice to you, to cancel, hold, void, or refuse to accept such Gift Cards without a refund, suspend or terminate accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment.

 

Limitation of Liability:

Gift cards are provided on an ‘as is’ basis. Without limiting the disclaimer of warranties contained in Legends’ terms of use and to the fullest extent permitted by law, we make no representations, warranties, or conditions of any kind, express or implied, with respect to Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. We do not represent or warrant that a Gift Card will always be accessible or accepted. To the fullest extent permissible by law, we and our vendors shall not be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim or liability of any kind or character whatsoever based upon or resulting from the Gift Cards or use of such Gift Cards. In the event that we are found liable to you and to the fullest extent permissible by law, your sole remedy will be to recover actual and direct damages which shall not exceed the last balance held on your Gift Card.

 

Other Terms:

Your Gift Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Gift Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Any failure to exercise any rights or options granted to us herein shall not constitute a waiver of such rights. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.  This Agreement will be governed by the law of the State of New York except to the extent governed by federal law. You must notify us immediately, in writing, if your address has changed. Write to us at Legends Hospitality Attn: Gift Card Customer Service, 61 Broadway, Suite 2400, New York, NY 10006, call us at (212) 602-4064 or email us at cuisine@welldurstowtc.com. Failure to do so may result in information regarding your Gift Card being sent to the wrong person. In such event, we shall not be responsible for any resulting misuse of your Available Funds.

 

Notice of Your Right to Dispute Errors:

In case of errors or questions about your transactions, call or write our customer support department as soon as possible if you think your receipt is wrong or if you need more information about a transaction listed on the receipt. We must hear from you no later than sixty (60) calendar days after you obtained the receipt on which the problem or error appeared. The following information must be contained in that notice:

  • Your name and Gift Card number;
  • A description of the error or the transaction you are unsure about and an explanation as to why you believe it is an error or why you need more information; and
  • The dollar amount and transaction date of the suspected error.

All disputes must be made in writing and oral disputes over the phone are invalid for the purposes of providing notice in compliance with this paragraph.  We require that you send us your dispute, complaint or questions in writing within sixty (60) calendar days (Monday-Friday, excluding holidays). We will tell you the results of our investigation within thirty (30) days. Write to us at Legends Hospitality Attn: Gift Card Customer Service, 61 Broadway, Suite 2400, New York, NY 10006.

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