Consumer Gift Card Terms

Last Updated: June 1, 2020

 

Cake Gift Card (formerly Wallet) is a service (the “Gift Card Service”) to assist in your purchasing and/or receiving of Gift Cards for use and redemption at certain participating third-party restaurants (“Restaurant Partners”) who have partnered with Cake Corporation (fka Leapset, Inc.) (“Cake”, “we”, “us”). “Gift Card” means any physical or electronic gift card (such electronic gift card an “eGift Card”) issued by a Restaurant Partner that you have purchased or received in connection with the Gift Card Service.

YOU ACKNOWLEDGE AND AGREE THAT THE RESTAURANT PARTNERS, NOT CAKE, ARE THE ISSUERS OF GIFT CARDS MADE AVAILABLE TO YOU, HOLD ANY FUNDS RELATED TO SUCH GIFT CARDS AND ARE SOLELY RESPONSIBLE FOR HONORING THE GIFT CARDS.

Cake provides the Gift Card Service only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any Restaurant Partner. Each applicable Restaurant Partner is solely responsible for the products and/or services provided in connection with the use or redemption of a Gift Card. Gift Cards shall be subject to the issuing Restaurant Partner terms and conditions.

The following describes the terms and conditions that apply to the purchase, use and redemption of any Restaurant Partner Gift Cards activated through  the Cake Gift Card Service. By purchasing, using or redeeming any Gift Card or by otherwise using the Gift Card Service, you agree to these Cake Gift Card Terms together with the Privacy Policy and Cake’s Consumer Terms of Use. The term “You” as used herein means the purchaser of the gift card or recipient (where applicable or relevant). Gift Card balances may be viewed at http://giftcard.cake.net/balance by entering the Gift Card number and PIN (or other applicable credentials).

I. PURCHASE.

Once you pay for and activate a Gift Card, the funds underlying the Gift Card will be held by the applicable Restaurant Partner until used. The Gift Card balances do not expire but may be subject to unclaimed property laws.

The Gift Card(s) may be subject to maximum and minimum balance amounts and set denominations. In no case may you load more than $2,000 to any Gift Card you purchase at any time or add value to a Gift Card so that the total funds loaded on a Gift Card in any single day exceed $2,000. Cake or the Restaurant Partner(s) may change any applicable maximum and minimum amounts or denominations at any time by notifying you at the point of sale, by phone, on Cake’s website(s) or the gift card purchasing portal or site (as applicable), and such change shall not constitute an amendment to these terms and conditions. The funds underlying Gift Cards are not insured by the Federal Deposit Insurance Corporation (FDIC).

When you purchase an eGift Card, Cake will email the eGift Card to the email address specified by you. Cake is not liable for any delivery failures or interceptions. To purchase an eGift Card, you must provide valid payment card information. You assume all liability for and shall pay any and all charges associated with the purchase of such eGift Cards. Except to the extent otherwise required by applicable law or stated herein, you agree that all eGift Cards purchases cannot be cancelled or refunded.

 

II. USE AND RISK OF LOSS.

An activated Gift Card (i) is not replaceable if lost, intercepted or stolen unless required by law; (ii) is non-transferable; and (iii) is only redeemable for products and/or services at the designated Restaurant Partner which issued the Gift Card. Purchases will be deducted/redeemed from the Gift Card balance at the applicable Restaurant Partner until the value reaches zero. If you wish to use the Gift Card in a split tender transaction, the restaurant must be notified of the amount to be deducted from the Gift Card. The Gift Card balance(s) will be available online at Cake Gift Card account at http://giftcard.cake.net/balance.

You are solely responsible for any loss caused by use of the Gift Card by you or any other person, including any use not approved or contemplated by you.

 

III. LIMITS.

No use or service fee is charged to you by Cake for any Gift Card and no gift card has an expiration date. A Gift Card may not be redeemed or refunded for cash except as required by law. Cake and its Restaurant Partners reserve the right to limit use of a Gift Card if there is reason to believe that the use is fraudulent or otherwise unlawful. Any Gift Card may be canceled or revoked at any time (provided that outstanding balance on the Gift Card is made available to you (eGift Card balances may be credited to the payment card account used for the purchase)) without prior notice unless prohibited by law. Resale of Gift Cards is prohibited. Gift Cards shall be subject to Restaurant Partners’ applicable terms and conditions.

 

IV. BALANCE CORRECTIONS.

You should monitor your Gift Card balance(s) regularly. No Restaurant Partner(s) (nor Cake) shall have no liability for any accounting error unless you provide Restaurant Partner (or Cake) notice within 45 days of the date of the transaction in question. Restaurant Partner and Cake reserve the right to make corrections to the balance of any Gift Card in the event of accounting error.

 

V. AMENDMENTS AND CANCELLATION.

Except to the extent not permitted by applicable law Cake may amend these terms at any time, including any rights or obligations you or we may have. As permitted by applicable law, any change will become effective at the time the amended terms are posted at our website or as otherwise stated in a notice to you.

Subject to applicable law, Cake and its Restaurant Partners may suspend or discontinue the terms of, and revoke or limit any or all of the rights granted to you related to Gift Cards issued as part of the Cake Gift Card Service at any time without notice or liability. Termination may result from fraudulent or unauthorized use of any Gift Card.

 

VI. RESTAURANT PARTNERS AND RESTAURANT PARTNER LIABILITY.

The balance on any Gift Card is solely the liability of the applicable Restaurant Partner. You agree that the applicable Restaurant Partner, not Cake, is the issuer of Gift Cards and that the applicable Restaurant Partner is solely responsible and liable for honoring such Gift Cards or the placement of any restrictions on such Gift Card. You agree that the applicable Restaurant Partner shall be fully responsible for any and all damages, claims, and costs (“Gift Card Claims”), related to a Gift Card that you purchase, receive  or acquire, caused in whole or in part by the Restaurant Partner or its products and services, as well as for any liability under laws, including but not limited to, any laws regulating gift certificates, gift cards, and stored value cards, including but not limited to unclaimed property liability arising from unredeemed or partially redeemed Gift Cards or by the imposition of any terms and conditions by a Restaurant Partner on its Gift Cards that violate any applicable laws or regulations. You further agree that Cake is not responsible or liable for any Restaurant Partners that go out of business or refuse to honor a gift card and you agree to  indemnify and hold harmless the Cake Entities (as defined in the Consumer Terms of Use) against any and all claims arising from your purchase and/or use of a Gift Card unless directly arising from the negligence of Cake. You agree that you purchase and/or use Gift Cards at your own risk and shall not hold Cake and Cake Entities for any act or omission of any Restaurant Partner.

By using the Gift Card Service or using or attempting to use a Gift Card, you warrant  that you will comply with these terms and all applicable laws  and that neither the Gift Cards nor the Gift Card Service  will be used in any manner that is unlawful, misleading, deceptive, unfair  or to defame, threaten or harass others.

For any and all issues or questions related to Gift Cards or products or services offered by Restaurant Partners, you must contact the applicable Restaurant Partner. Except as set forth in these terms, you must settle any disputes, and any other issues relating to Gift Cards directly with the applicable Restaurant Partner.