Consumer Gift Card Terms

Last Updated: July 14, 2016

 

Cake Gift Card (formerly Wallet) is a service to assist in your purchasing and receiving of gift cards for use at certain third party merchants (“Restaurant Partners”) who have partnered with Cake Corporation (fka Leapset, Inc.).

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.The following describes the terms and conditions that apply to any Restaurant Partner gift cards activated on the Cake Gift Card program. By using any gift card, you agree to these terms together with Cake’s Privacy Policy and Cake’s Consumer Terms of Use. View your gift card balances at http://www.cake.net/checkbalance.

 

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. In no case may you load more than $2,000 to any gift card at any time. Cake or the Restaurant Partner(s) may change any applicable maximum and minimum amount at any time by notifying you at the point of sale, by phone or on our website, 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).

 

II. USE AND RISK OF LOSS.

Activated gift cards are not replaceable if lost or stolen unless required by law; are non-transferable; and are only redeemable for merchandise at the designated Restaurant Partner(s) where you have activated a gift card balance in the amount of the balance active at the applicable Restaurant Partner. Purchases will be deducted from the gift card balance at each applicable Restaurant Partner until the value reaches zero. If you wish to use a gift card in a split tender transaction, please notify the restaurant of the amount you wish to deduct from the card. Your gift card balance(s) will be available online when you log into your Cake Gift Card account at http://www.cake.net/checkbalance.

 

III. LIMITS.

No fee is charged 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 card is made available you) without prior notice unless prohibited by law.

 

IV. BALANCE CORRECTIONS.

You should monitor your gift card balance(s) regularly. No Restaurant Partner(s) (or 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 or Cake reserves the right to make corrections to the balance of any gift card in the event of accounting error.

 

V. AMENDMENTS AND CANCELLATION.

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 program 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 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 certificates. 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 indemnify and hold harmless the Cake Entities (as defined in the Terms of Use) against any and all Gift Card Claims arising from your use of any gift card.