We Dine Indy, LLC Terms and Conditions
– PLEASE READ
Terms and Conditions for the We Dine Indy Card
This document constitutes the agreement (“Agreement”) between you, and We Dine Indy, LLC (“We Dine Indy”), outlining the terms and conditions under which the We Dine Indy Gift Card has been issued to you. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. “Card” means the We Dine Indy Card issued to you by We Dine Indy, LLC and distributed and serviced by Swipe It Technology. “Issuer” means We Dine Indy, LLC. “Card Account” means the records we maintain to account for the value of claims associated with the Card. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean We Dine Indy, LLC, and the successors, affiliates or assignees of each. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The Card is a prepaid card. The funds in your Card Account associated with your Card are not held on your Card; instead, they are pooled with funds of other cardholders and held by us in an account for your benefit, with the balance of such funds to be reduced through your use of such funds in accordance with the terms of this Agreement. We hold the funds in your account in trust for you and is your agent solely with respect to the payment processing services it will provide for the Card. The Card is not connected in any way to any other account. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.
Activate Your Card
Your Card should be active when you receive it. You may begin using the Card as soon as you receive it. If you experience difficulty when using your Card, please call us at (317) 569-5099.
Authorized Card Users
You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.
You may not request an additional Card for another person.
You may not use your Card to obtain cash from an Automated Teller Machine (“ATM”), Point-of-Sale (“POS”) device, or by any other means. You may not use your Card at an ATM.
Reloading Your Card Account
Your Card is reloadable through We Dine Indy only.
Using Your Card
The maximum amount that can be spent on your Card per day is the balance of the Card Account. You may use your Card to purchase food services at any restaurant on the maintained We Dine Indy’s website. We Dine Indy does not guarantee that any restaurant will remain indefinitely on its list, as We Dine Indy does not control whether a particular restaurant will remain in business or continue to work with We Dine Indy. We Dine Indy in no way guarantees or warrants the quality of any restaurant’s services or food. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available in the Card Account to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.
Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available in your Card Account, you shall remain fully liable to us for the amount of the transaction and any applicable fees.
Your Card is only usable at those restaurants specifically listed on We Dine Indy’s website. This list is maintained on a monthly basis and is subject to change at any time without notice to you.
Once you have purchased your Card, you are not entitled to refunds from We Dine Indy for any reason. Should you cancel your Card, you agree to forfeit any remaining balance to We Dine Indy.
If you need to replace your Card for any reason, please contact us at info@WeDineIndy.com to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, and other relevant information.
You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.
Card Account Balance
You may check your Card balance at any time by contacting us at www.WeDineIndy.com.
No Hidden Fees
We Dine Indy does not charge any hidden fees after purchase of the Card. You agree and acknowledge that restaurants accepting the Card may charge transactions fees or other fees associated with using the Card.
We may disclose information to third parties about your Card or the transactions you make:
Where it is necessary for completing transactions;
In order to verify the existence and condition of your Card for a third party, such as a merchant;
In order to comply with government agency, court order, or other legal or administrative reporting requirements;
If you consent by giving your written permission;
To our employees, auditors, affiliates, service providers, or attorneys as needed; or
Otherwise as necessary to fulfill our obligations under this Agreement
Our Liability for Failure to Complete Transactions
If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough funds available in your Card Account to complete the transaction;
If a restaurant refuses to accept your Card;
If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
If access to your Card Account has been blocked after you reported your Card lost or stolen;
If we have reason to believe the requested transaction is unauthorized;
If Swipe It Technology, its successors or assigns, (the company providing the Card’s supporting technology), ceases to operate, to conduct business or otherwise to exist;
If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
Any other exception stated in our Agreement with you.
Liability for Unauthorized Transfers
Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at (317) 569-5099.
We reserve the right to require a written statement from you and to conduct an investigation into the validity of any request. You agree to cooperate with any investigation we may make.
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. 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 Indiana except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time for any reason (for example, if we suspect fraud or unauthorized activity on your Card Account), subject to applicable law.
Information About Your Right to Dispute Errors
In case of errors or questions about your electronic transactions, call (317) 569-5099 or email us at info@WeDineIndy.com within three (3) business days.
You will need to tell us:
Your name and Card Account number.
Why you believe there is an error, and the dollar amount involved.
Approximately when the error took place.
If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.
Once your written dispute has been received, we will determine whether an error occurred within sixty (60) calendar days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to ninety (90) days to investigate your complaint or question. If we decide to do this, we will notify you verbally or in writing. For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. If we ask you to put your complaint or question in writing and you do not provide it within sixty (60) calendar days of the date of the transaction in error, we may not credit your Card.
You agree to cooperate with any investigation we may make. We will tell you the results within three (3) business days after completing the investigation. If we determine an error has occurred, we will credit the transaction in error upon completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section.
No Warranty Regarding Goods and Services
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
You agree that from time to time, in accordance with applicable law, we may monitor and/or record telephone calls between you and us for training, to assure the quality of our customer service, for security purposes; in connection with our efforts at claim or dispute resolution; to detect fraud, unauthorized activity, or suspected wrongdoing, or as required by applicable law.
From time to time, we may need to contact you about your Card Account. You authorize us to call you at any number you provide or at any number at which we reasonably believe we can contact you, including calls or text messages to mobile, cellular, or similar devices, for any lawful purpose, including but not limited to: (1) suspected fraud or identity theft; (2) servicing your Card Account and (3) obtaining necessary information. You authorize us to use automated dialers and/or recorded messages when making such calls. You agree to pay (without reimbursement from us) any fees or charges you may incur from your telecommunications provider for any such calls we make to you.
For customer service or additional information regarding your Card, please contact us at:
info@WeDineIndy.com or (317) 569-5099
Hours: Daily 8AM to 5PM Eastern Standard Time
Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Card; iii) the Cards of any additional cardholders designated by you; iv) your purchase of the Card; v) your usage of the Card; vi) the amount of available funds in the Card Accounts; vii) advertisements, promotions or oral or written statements related to the Cards, as well as goods or services purchased with the Card; viii) the benefits and services related to the Cards; or ix) transaction on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of Indiana. To the extent applicable, Indiana laws shall apply to the terms of this Agreement, except where superseded by Federal law.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity; or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOTACTIVATE OR USE THE CARD. SAVE YOUR RECEIPT AND CALL US (317) 569-5099 TO CANCEL YOUR CARD.