Terms of Sale

By purchasing any Merchant Offering, Product or participating in other available programs via the Site, you agree to the Terms of Use, including, without limitation, the Terms of Sale specified below.

(a) In General

Descriptions of the Merchant Offerings and Products advertised on the Site are provided by the Merchant or other referenced third parties. Subscribly does not investigate or vet Merchants. Subscribly is not responsible for any claims associated with the description of the Merchant Offerings or Products. Pricing relating to certain Merchant Offerings, Products, and other available programs on the Site may change at any time in Subscribly’s sole discretion without notice.

A Merchant may advertise goods, services or experiences on the Site, or with respect to Products, supply products to Subscribly, that require Merchant to have an up-to-date regulatory authorization, license, or certification. Subscribly does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant (including, without limitation, Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering or Product to determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Merchant is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.

Subscribly is not a health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the Site. The Site is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the Site.

Subscribly may, in its sole discretion, verify a user’s identity prior to processing a purchase. Subscribly may also refuse to process a purchase, may cancel a purchase, or may limit quantities, shipment, or food delivery to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Use. Refunds for cancelled orders may be issued where appropriate.

If an offer becomes unavailable between ordering and processing, Subscribly will either cancel or not process the order and will notify you by email.

Subscribly does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Subscribly reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, Subscribly will attempt to notify you by email. In addition, Subscribly reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering or Product.

Your voucher may always be redeemed at the merchant who issued it for at least the amount you paid for it – even if the promotional value has expired. Additionally, any unredeemed voucher may be returned to us within the first three days of purchase for a refund of the amount paid. After that three day time period, Subscribly will not refund any voucher and all sales are final, unless otherwise stated in the Fine Print.

(b) Merchant Offerings

(i) Vouchers

Vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Subscribly and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.

By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase (the “fine print” regardless of how labeled), the Terms of Use and these Terms of Sale. These rules apply to all Vouchers and Merchant Offers that we make available, unless a particular Voucher’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Voucher’s fine print, the Voucher’s fine print will control. Any attempt to redeem a Voucher in violation of these Terms of Use (including, without limitation, the Terms of Sale) will render the Voucher void.

The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings and Products on the Site may change at any time in Subscribly’s discretion, without notice.

  • Additional terms applicable to traditional Vouchers. A traditional Voucher is any Voucher other than a Coupon, ticket, a Local Pick-Up Voucher (described below), or a Voucher redeemable for ticketed events. A traditional Voucher has two separate values: (i) the amount paid and (ii) the promotional value. The promotional value is the additional value beyond the amount paid. For example, if you pay $20 for a Voucher that entitles you to $50 of goods, services, or experiences from a Merchant, the amount paid is $20 (this amount does not expire until it is used or is refunded) and the promotional value is $30 (this amount expires on the date stated on the Voucher unless expiration of the promotional value is prohibited by law). The Merchant is responsible for permitting you to redeem the Voucher for at least the amount paid, even after the promotional value has expired. The amount paid WILL NEVER EXPIRE. The promotional value of a traditional Voucher may not be combined with other offers and no portion of its value is intended to cover tax or gratuity. Traditional Vouchers are not reloadable, meaning that the amount paid of the Voucher cannot be increased, but are always transferrable.

(iii) Merchant Products

(Through the Site, certain Merchants allow you to purchase various products directly from the Merchant. Terms and conditions regarding shipping, delivery, and returns will vary by Merchant and will be stated in the Merchant’s deal terms. Charges for delivery and applicable sales taxes will be added at checkout. Once you click the “Buy” button, Subscribly will notify the Merchant of your requested order. Your purchase is not complete until you receive an email from Subscribly confirming whether or not the Merchant has accepted your order. Merchant is solely responsible for all Merchant Products purchased through the Site.

(iv) Coupons

Coupons are offered by Merchants to consumers throughout the Site, including, without limitation, a portion of the Site dedicated to Coupons. Coupons are subject to the terms and conditions as specified by the Merchant. By obtaining or purchasing a Coupon through the Site, you acquire the right to redeem the Coupon with the Merchant. Any service fee retained by Subscribly from the sale of a Coupon, if applicable, is compensation to Subscribly for marketing, promoting, advertising, and distributing the Coupons on behalf of the Merchant. As the issuer of the Coupon, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Coupons have no cash or residual value. Subscribly does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. Subscribly is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Coupon.

(v) Merchant Gift Cards

Merchant Gift Cards are offered by Merchants to consumers subject to the terms and conditions specified by the Merchant on the face of the Merchant Gift Card. By obtaining or purchasing a Merchant Gift Card through the Site, you acquire the right to redeem the Merchant Gift Card with the Merchant. Any service fee retained by Subscribly from the sale of a Merchant Gift Card is compensation to Subscribly for marketing, promoting, advertising, and distributing the Merchant Gift Cards on behalf of the Merchant. As the issuer of the Merchant Gift Card, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Subscribly does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. Subscribly is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Merchant Gift Card.

(vi) Online Ordering

Through the Site, certain Merchants allow you to purchase delivery service and take out service for food, beverages, and any other products. Restrictions regarding availability of food, beverages, and takeout and delivery services will vary by restaurant and will be stated on the restaurant’s landing page. Any charges for delivery and takeout services, processing fees or applicable sales taxes will be added at checkout. Once you click the “Checkout” button, Subscribly will notify the Merchant of your requested order. Your purchase is not complete until you receive an email from Subscribly confirming whether or not the Merchant has accepted your order. The Merchant is solely responsible for the care, preparation, safety, quality, and availability of the food and beverages being provided.

Descriptions of the food, beverages, and any other products advertised on the Site and their availability are provided by the Merchant or other referenced third parties. Subscribly does not investigate or vet Merchants, and Subscribly is not responsible for any performance or quality claims associated with the description or availability of, or the accuracy, safety, or quality of, the food, beverages and any other products. Pricing related to food, beverages and any other products, and takeout and delivery charges and other fees may change at any time in Subscribly’s sole discretion without notice. Subscribly does not guarantee that it offers best available rates or prices and does not guarantee or warranty against pricing errors.

If an order becomes unavailable between ordering and processing, Subscribly will either cancel or not process the order and will attempt to notify you by email. Subscribly reserves the right, in its sole discretion, not to process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. Subscribly may also refuse to process a purchase, may cancel a purchase, or may limit quantities or delivery to particular addresses, as reasonably deemed necessary, or to otherwise comply with applicable law, to respond to a case of misrepresentation, fraud or known or potential violations of the law or the Terms of Use. Refunds for such cancelled orders may be issued where appropriate, in Subscribly’s sole discretion.

Drivers responsible for delivery services are either (1) independent contractors of Subscribly, or (2) employees or agents of Merchants. If Subscribly’s independent contractors are providing the delivery services, you will be able to track the delivery of your order. Subscribly cannot and does not guarantee specific delivery times, nor does it guarantee the accuracy of its delivery tracker technology. SUBSCRIBLY WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE ACTS OR OMISSIONS OF THE INDEPENDENT CONTRACTORS OR MERCHANTS’ EMPLOYEES OR AGENTS, OR FOR ANY HARM CAUSED TO YOU OR YOUR PROPERTY BY THEIR ACTS OR OMISSIONS.

(vii) Salon and Spa Bookings

Through the Site, certain Merchants allow you to book appointments for salon and spa services on a specific date and time, and most allow you to also pay for those salon and spa services through the Site. Any restrictions regarding availability of appointments will vary by Merchant and will be stated on the Merchant’s page. Unless disclosed on the Merchant’s page, any charges for the salon and spa services booked through the Site, applicable sales taxes, and applicable gratuity will be charged after the appointment. The booking of your appointment is not complete until you receive confirmation from Subscribly that your appointment is confirmed. If you do not cancel a confirmed appointment before the Merchant’s cancellation deadline, you will be charged the cancellation fee specified by the Merchant and disclosed on the Merchant’s page. The Merchant is solely responsible for all availability and all salon and spa services provided on and/or through the Site.