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By purchasing any Partner Offering or participating in other available programs via the Service, you agree to the Terms, including, without limitation, the Tonite Terms of Sale (“Terms of Sale”) set forth below, which are governed by and made a part of the Terms. Capitalized terms used but not defined herein have the meaning ascribed to them in the Terms.

(a) In General

Descriptions of the Partner Offerings advertised on the Service are provided by the Partner or other referenced third parties. Mutual does not investigate or vet Partners or such descriptions. Mutual is not responsible for any claims associated with the description of the Partner Offerings. Pricing relating to certain Partner Offerings and other available programs on the Service may change at any time in Mutual’s sole discretion without notice.

A Partner may advertise goods, services or experiences on the Service, that require Partner to have an up-to-date regulatory authorization, license, or certification. Mutual does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Partner. You should make whatever investigation you deem necessary or appropriate before purchasing any Partner Offering to determine whether: (i) the Partner is qualified to provide the advertised good or perform the advertised service; or (ii) the Item is of the care and quality required. As between Mutual and Partner, Partner is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Items.

Mutual 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 Service. The Service 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 App or Website.

Mutual may, in its sole discretion, verify a user’s identity prior to processing a purchase. Mutual 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. Refunds for cancelled orders may be issued where appropriate.

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

Mutual does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Mutual 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 App or Website. If this occurs, Mutual will attempt to notify you by email or through your account. In addition, Mutual reserves the right, in its sole discretion, to correct any error in the stated retail price of the Partner Offering.

(b) Partner Offerings

(i) Vouchers

Vouchers are distributed by Mutual (but issued by the Partner, as described below) and are redeemable for certain goods, services or experiences offered by, or facilitated through, the Partner identified on the Voucher. The Partner is solely responsible for redeeming the Voucher. Furthermore, the Partner 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 Mutual and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Partner in connection with your use of a Voucher or the goods, services or experiences a Partner provides in connection with the Voucher.

By purchasing, viewing a mobile version, printing, accepting, redeeming, using or attempting to redeem or 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 Terms and these Terms of Sale. These rules apply to all Vouchers that we make available, unless otherwise disclosed in connection with the purchase of a particular Voucher, and except as otherwise required by law. In the event of a conflict between these rules and the terms advertised in connection with and on the Voucher at the time of purchase, the terms advertised in connection with and on the Voucher at the time of purchase 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 Partner 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 Partner Offerings on the App or Website may change at any time in Mutual’s sole discretion, without notice.

Each state and city has its own sales and use tax laws. It’s the Partner’s responsibility to understand the applicable laws and to collect and remit tax accordingly either at the time you purchase or when you redeem your Voucher. Before you purchase a ticket or reservation (or Voucher) for a specific event or other experience, be sure to read the terms of the specific offer/Voucher carefully to see if applicable taxes and fees are included in the listed price or if you will owe additional taxes or fees upon redeeming or using the Voucher (or ticket/reservation).

  • Additional terms applicable to traditional Vouchers. A traditional Voucher is any Voucher other than a ticket, a Voucher redeemable for ticketed events (a “Ticket Voucher”), or a Voucher redeemable for goods, services or experiences that have been scheduled for a specific date and time (a “Booking”). Unless the terms of a traditional Voucher specify a different expiration date, each traditional Voucher will expire ninety (90) days following your purchase of it through the App or Website. Following the expiration date for such Voucher, the Partner may, but will no longer have an obligation, to redeem such Voucher. Any traditional Voucher may be cancelled via the App prior to redemption for a full refund in cash or for credit in the App to be applied to future purchases; provided, that following the expiration date of a Voucher, Mutual may elect, in its sole discretion, to provide refunds only for credit in the App. In addition, if you redeemed a Voucher and were disappointed by your experience, contact us within fourteen days of your Voucher use or event and tell us about it. We’ll work with you to make it right.
  • Additional terms for Ticket Vouchers
    • Ticket Vouchers. Ticket Vouchers are Vouchers that are redeemable for a ticket for admission, or may be used as a ticket for admission, to a specific event at a named venue. Ticket Vouchers have no value once the event date and time has passed. Ticket Vouchers are final sale and non-refundable, subject to the occurrence of an Extraordinary Event (as defined below), unless otherwise stated. Ticket Vouchers do not include any applicable gratuity. Unless a specific exception is made, Ticket Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. Ticket Vouchers obtained from unauthorized sources may be lost, stolen, or counterfeit, and if so are void.
    • Venues and Events. Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission and ban or restrict certain items from being brought to the event and impose other rules on ticket-holders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue’s rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to any event for which any Ticket Vouchers are issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against Mutual, the venue, the issuer of the Ticket Vouchers, and all of their respective affiliates, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. You agree not to record or transmit or aid in recording or transmitting, any description, account, picture or reproduction of any event for which you purchase Ticket Vouchers. You agree that any event for which you purchase Ticket Vouchers is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature and that you have no expectation of privacy with regard to your actions or conduct at the event.
    • Extraordinary Events. An “Extraordinary Event” is the cancellation or rescheduling of a scheduled event. If an event is cancelled and not rescheduled, we will automatically refund to you the amount you paid for the applicable Ticket Voucher. If an event is rescheduled, we will refund to you the amount you paid for the applicable Ticket Voucher upon request.

(ii) Bookings

Through the Site, certain Partners allow you to schedule use of your Voucher on a specific date and time (i.e., a Booking), and make any additional payments through the App or Website. Any additional charges that may be charged after the Booking, such as applicable gratuity, will be disclosed in connection with the Booking.  Your Booking is not complete until you receive confirmation from Mutual or the Partner that the Booking is confirmed. Any scheduling restrictions, such as maximum group size or time and date availability, will be specified in connection with the Booking. The Partner is solely responsible for honoring any booking that is not booked through the App or Website and associated discounts, as well as for any of Partner’s customer loyalty programs. A Booking may not be sold, auctioned, or bartered. Additionally, the Partner is solely responsible for the care and quality of all goods and services it provides to you. Mutual does not facilitate nor is it liable for any special requests that the Partner may accommodate at its discretion. It is within the Partner’s sole discretion to provide an alternative date and time after a missed Booking.

If you purchase a Voucher but do not make Booking, the terms applicable to the amount paid for traditional Vouchers apply. Restrictions regarding cancellation or rescheduling deadlines and availability of appointments may vary by Partner and will be no less than 24 hours before your scheduled Booking, unless stated otherwise in connection with the Booking. If you do not cancel or reschedule your Booking before such cancellation or rescheduling deadline, your Voucher will be redeemed after such deadline passes. Mutual will not provide a refund for any missed Booking if you do not cancel or reschedule before the deadline stated in connection with the Booking. The Partner is solely responsible for all availability and all goods and services provided on and/or through the App or Website.

Tonite Terms of Sale

Last updated on: December 11, 2023