LivingSocial Restaurants Plus

BETA - LivingSocial Restaurants Plus Program Terms and Conditions
Last Updated: September 15, 2015

Enrollment in the BETA LivingSocial Restaurants Plus Program (the "Program") constitutes acceptance of the following terms and conditions (the "Terms"), which are entered into by You ("Member" or "You", collectively, "Members") and LivingSocial Services, LLC, (collectively "LivingSocial", "Us", "We", or "Our"). The Terms, together with applicable terms and conditions related to any promotional offers provided to You for use with Program, the LivingSocial Terms and Conditions, as well as all other applicable terms, conditions, limitations and requirements on the LivingSocial Web site, all of which (as changed over time) are incorporated into these Terms, constitute the entire agreement between You and LivingSocial related to the Program membership. THIS PROGRAM IS OFFERED AS PART OF OUR BETA-TEST PROGRAM AND MAY BE AVAILABLE ONLY TO USERS FROM SELECT LOCATIONS. IF YOU SIGN UP FOR THE PROGRAM MEMBERSHIP, YOU ACCEPT THESE TERMS, CONDITIONS, LIMITATIONS AND REQUIREMENTS.

1. PROGRAM OVERVIEW

The Program allows You to earn a statement credit on a qualifying payment card (as defined below) (a "Credit") or other benefits stated in an Offer (as defined below) (collectively "Benefits") when You redeem certain promotional offers and make the qualifying purchase(s) described in the offer with specified dining merchants. A dining merchant that participates in the Program and makes Offers (as described below) is a "Plus Restaurant".

CURRENT OFFERS FROM Plus RESTAURANTS IN YOUR LOCATION WILL BE DISPLAYED ONLINE AT Your Offers located at www.livingsocial.com/restaurants-plus-rewards/restaurants (THE “OFFERS PAGE”). OFFERS CHANGE FREQUENTLY AND IT’S YOUR OBLIGATION TO CHECK THE OFFERS PAGE ON WHAT OFFERS ARE CURRENT. Note that the link will display Offers in your location as identified by your LivingSocial account session or other site based identifiers. Not all Offers may be available to all Members. Each offer consists of an action that You are required to take at a specified Plus Restaurant, and may include but is not limited to an amount that needs to spent (excluding tax and tip), as well as an expiration date for the offer, and any additional terms or limitations associated with the offer ("Offer"). In order to earn a Benefit You must Register for the Program and Activate your Payment Cards as described below in Section 2, fulfill all terms and conditions stated in the Offer, and authorize Your purchase by signing your receipt.

2. REGISTRATION

In order to register for the Program You must meet the following eligibility requirements:

a. You must be a LivingSocial subscriber in good standing and have a valid credit card on file with LivingSocial. We reserve the right to accept or refuse membership in our discretion for any reason.
b. You must be a legal resident of the United States and 18 years of age or older to participate in the Program.
c. Your membership is associated with Your LivingSocial account and may only be established for one email account and name per individual. You may not create multiple accounts or sign up for more than one membership.

When you register for the Program You will be required to complete the applicable registration form, providing Us with certain information (including but not limited to your email address and your mobile phone number if you elect to register for mobile alerts) and activate an eligible credit or debit payment card, as described below. A "Activated Card" means an eligible credit or debit payment Card which has been activated with LivingSocial for the Program, and your "Payback Card”" is the payment Card you identify to which you will receive Credits.

Special Notes for Visa, MasterCard and American Express Cardholders:

  • By registering Your Visa, MasterCard and/or American Express card(s) to Your Program account, You agree that Visa, MasterCard and/or American Express may provide transaction information as described in these Terms and the LivingSocial privacy policy. Not all payment cards are eligible for registration and not all transactions with Your registered Visa, MasterCard and/or American Express card(s) are tracked by Visa. Without limitation, Visa, MasterCard and/or American Express corporate cards, Visa, MasterCard and/or American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) cards) or insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system, MasterCard payment system and/or American Express payment system are not eligible to participate.
  • Not all transactions made with Your Activated Card can be monitored by Visa, MasterCard and/or American Express for purposes of the Program and you may not earn a Benefit for such transactions with Plus Restaurants. If you use a Personal Identification Number (PIN) when paying for Your purchases with Your Activated Card, you may not receive a Benefit. You acknowledge that Visa, MasterCard and/or American Express may be unable to monitor every transaction made with Your Activated Card Visa, including PIN-based purchases, purchases You initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where You may choose Your Visa, MasterCard and/or American Express card(s) card as a funding source but You do not present Your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A. Inc. payment system and that these transactions are not eligible. MasterCard or American Express branded cards processed through international payment systems are not eligible.
  • Eligibility extends to the US only

Your payment cards may only be enrolled in one program operated by Mogl. Please note that we use Mogl as our service provider to help us operate the program. If you have already activated a payment card with a separate program operated by Mogl, you will be unable to activate that payment card in both the program and the other program. You may use another payment card with the program or deactivate your card with the other program, for additional help, you may contact the program support line at (202) 503-2777.

You agree to provide true, accurate and complete information about Your Activated Card(s). You are responsible for registering a new payment card with us if Your Payback Card is no longer valid or if Your Payback Card is lost, stolen or You receive a replacement card. You must be the cardholder or an authorized user of each Activated Card. You acknowledge and agree that neither LivingSocial nor its third party providers will have any liability associated with or arising from Your participation in the Program, or Your failure to provide accurate registration information, including Your failure to receive a Benefit or updates about the Program. If LivingSocial has reasonable grounds to suspect that the information You provided is untrue, inaccurate or incomplete, Your registration in the Program may be suspended or terminated.

3. BENEFITS

You will not receive a Benefit if the transaction is voided or refunded or otherwise modified. You will also not receive a Benefit on any portion paid with gift certificates, gift cards, cash, or a payment type other than Your Activated Card(s). Purchase of gift cards or other stored value cards at a Plus Restaurant are not eligible purchases for the purpose of Offers.

In order to receive the Benefit, Your Activated Card will be charged the full purchase price (plus tip and applicable taxes which shall not count to the purchase price) at the time of purchase. Credits will generally appear on your Payback Card statement in the month following achieving at least $10 in Credit in your balance of all Payback Card Benefits earned (your "Payback Balance"). If You fail to comply with all of the Offer and Program requirements, You may not receive the Benefit. You agree to timely and accurately provide us with any information (including all receipts provided by participating Plus Restaurants for Qualifying Purchases) that we need to verify Your eligibility for an Offer. You are responsible for any taxes and charges You may incur as a result of this Activated Card credit provided to You. If You receive a Benefit in error or for a purchase that is not a Qualifying Purchase, we may reverse the credit to your Payback Card or require return of the credit. You agree that we may do so and to cooperate with us in our efforts to do this. We may also reduce a future Benefit provided to You without notice to adjust for any previous overpayment.

Program Benefits are nontransferable and may only be used by an individual Member for Member's personal benefit. Benefits cannot be combined with benefits accrued by another Member. Benefits are all prospective from the date of membership enrollment, and will not be applied retroactively to any prior purchases. You agree that the Program and any Benefits related thereto do not create any property rights in favor of You.

For more information about Benefits please see our frequently asked questions page at Frequently Asked Questions.

4. MEMBER PRIVACY & PROCESSING AND USE OF TRANSACTION INFORMATION.

By becoming a Member of the Program, You agree to receive advertising, marketing materials, and other communications from LivingSocial.com, its third party service providers and its affiliates. Your personal information will be held in accordance with the LivingSocial Privacy Policy, which can be found at http://www.livingsocial.com/privacy_policy.

In order for LivingSocial to deliver to the Program to You, LivingSocial must share Your payment information with LivingSocial’s partners, such as with certain third party service providers, payment card networks, Plus Restaurants and payment processors. You authorize LivingSocial or such third party service providers retained by LivingSocial to capture and encrypt each of Your Activated Card(s) number and use Your encrypted Activated Card(s) number to track and view transactions You’ve made with the Plus Restaurants, as well as received aggregated information regarding non-Plus Restaurants. You agree that LivingSocial and its third party service providers may view Your transactions, as well as up to eighteen months of historical transactions, made by You with Plus Restaurants. In this connection, You authorize the sharing, exchange and processing of Your transaction history by and among LivingSocial and its third party service providers, payment card networks, Plus Restaurants and the payment processor for Your transactions.

Generally, such uses include, but are not limited to:

  • LivingSocial will use your transaction data to confirm a purchase or return to match transactions to confirm whether you qualify for a Benefit. LivingSocial is not responsible for errors or omissions in transaction data provided to LivingSocial.
  • LivingSocial may share transaction data with the Plus Restaurant where a transaction occurred as needed for the merchant to confirm a specific transaction occurred or points should be awarded; for example, LivingSocial may share the date and amount of your purchase and the last 4 digits of your card number so the merchant can verify your purchase with its records if there is a missing or disputed transaction.
  • LivingSocial may provide Plus Restaurants or partners aggregated and anonymized information relating specifically to Activated Card activity solely to allow our Plus Restaurants to assess the results of their campaign.
  • LivingSocial and/or its third party service providers or affiliates may provide information in order to respond to a request from government authority or a payment organization involved in a transaction with you or a merchant.

LivingSocial may ask your Payment Card association to send LivingSocial or its third party partners reporting or transaction(s) concluded at a merchant (including both Program Merchants and non-Plus Restaurants) that, based on the details of that purchase, suggests you may also be interested in an offer from a Plus Restaurant. For example, if you make a purchase at a retail store that is not affiliated with a Plus Restaurant or a Plus Restaurant but is near a Plus Restaurant, LivingSocial may send you a message or special offer for a Plus Restaurant that may be of interest to you. These messages and special offers may be delivered to you based on:

  • the geographic location of the merchant where you use your Activated Card to make a purchase when you are at a physical store;
  • the type of merchant where you make a purchase with your Activated Card;
  • purchases at specific Plus Restaurants or their affiliated brands;
  • time of day of your transaction(s); or
  • the amount of your transaction(s).

For transactions at non-Plus Restaurants, LivingSocial will only ask your card issuer to confirm to LivingSocial or its third party provider that you have made a purchase that matches the criteria set by LivingSocial.

5. TERMINATION

LivingSocial reserves the right to modify, change, discontinue or terminate the Program, Your Program membership, any Benefit, at in whole or in part, at any time in Our sole discretion without notice to You.

Our failure to insist upon or enforce Your strict compliance with these Terms will not constitute a waiver of any of our rights.

Additionally, the availability of Plus Restaurants or any Offers may change without notice to You.

You can choose to cancel Your use of the Program at any time. You may cancel Your Program membership at any time by calling the Program support line at (202) 503-2777.

If LivingSocial terminates this Agreement due to Your breach, LivingSocial will have no further liability or responsibility to You, and You may be responsible for any charges associated with Benefits awarded to You in error due to Your breach or fraudulent behavior. If LivingSocial terminates this Agreement because the Program has been discontinued, any Benefits not yet paid out to You, including your Payback Balance, will at LivingSocial’s sole option either be credited in a one-time pay out to your Payback Card or automatically convert to LivingSocial Deal Bucks to be credited to your LivingSocial account within thirty (30) days of Program termination.

Benefits offered but not redeemed during the Program term may not be available following any termination. Cancellation of Your Program membership does not entitle You to any form of compensation of any kind, whether for accumulated visits that did not earn a Benefit or for Benefits You previously were offered but did not use.

6. AGREEMENT CHANGES

We may in our discretion change these Terms, LivingSocial's general Conditions of Use and Privacy Notice, or any aspect of Program membership, without notice to You. MATERIAL CHANGES WILL BE POSTED AT THIS WEBSITE AND WE ENCOURAGE YOU TO CHECK BACK FREQUENTLY. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

7. RESTRICTIONS/LIMITATIONS.

THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW. IN ADDITION TO ALL STATED DISCLAIMERS OF WARRANTY, OTHER LIMITATIONS AND EXCLUSIONS IN LIVINGSOCIAL'S TERMS OF USE IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO PROGRAM. LIVINGSOCIAL FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT, MERCHANT CONDUCT OR PARTICIPATION, INFORMATION, OR THE CALCULATION OR ATTRIBUTION OF ANY BENEFITS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED DOLLARS (US $100.). THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PROGRAM MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. CONTRACTING PARTY, CHOICE OF LAW, LOCATION FOR RESOLVING DISPUTES, CONTACT INFORMATION.

This Agreement is between You and the LivingSocial Services, LLC. Communications may be directed to: LivingSocial, 1445 New York Avenue, N.W. Suite 200, Washington, DC 20005; or the Program support line at (202) 503-2777. The laws of the State of Virginia govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between You and LivingSocial that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the State of Virginia. You hereby agree to waive any right to trial by jury in any dispute.

9. RESTAURANTS PLUS REFER A FRIEND.

LivingSocial’s Restaurants Plus Refer-A-Friend Program (“Restaurants Plus RAF”) may from time to time offer Members of the Program (each a “Referring User”) the opportunity to distribute their own personalized sign up link to the Program provided by LivingSocial (the “RP Referral Link”) and to earn and invite users of their personalized RP Referral Link to earn a Credit on their Payback Card (an “RAF Bounty”) when an individual who has not yet Registered for the Program registers for the Program using a RP Referral Link and makes a Purchase using an Activated Card (a “Referred User”). The RAF Bounty and Purchase applicable to a particular Restaurants Plus RAF offer will be identified in the terms provided by LivingSocial for the RP Referral Link. For all Restaurants Plus RAF offers, if a Referred User clicks a Referring User’s personalized RF Referral Link and registers for the Program and makes a Purchase within thirty (30) days of Program registration, the Referred User will receive the RAF Bounty to the Payback Card on the Referred User’s Account and the Referring User will receive the RAF Bounty to the Payback Card on the Referring User’s Account. RAF Bounties earned will generally be reflected in the Payback Balance in the month following the Purchase being made by the Referred User. Referrers may only qualify for and receive up to a maximum of twenty (20) RAF Bounties per month. RAF Bounties in excess of twenty (20) RAF Bounties do not carry over to the next month and will be automatically forfeited. LivingSocial’s Restaurants Plus RAF Program is only available in US markets where the Program is available. LivingSocial reserves the right to change, modify and/or discontinue the RAF Program, in whole or in part, in its sole discretion, at any time and without notice. RAF Bounties not issued as of the date of any termination will be forfeited. If either a Referred User or Referring User receives an RAF Bounty in error, we may reverse the Credit to the applicable Payback Card or require return of the Credit.