Terms of Sale
(a) In General
Descriptions of the Merchant Offerings and Products advertised on the Site are provided by the Merchant or other referenced third parties. SharkPenny does not investigate or vet Merchants. SharkPenny 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 SharkPenny’s sole discretion without notice. A Merchant may advertise goods, services or experiences on the Site, or with respect to Products, supply products to SharkPenny, that require Merchant to have an up-to-date regulatory authorization, license, or certification. SharkPenny 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.
SharkPenny 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.
(b) Merchant Offerings
Vouchers are distributed by either Merchants or SharkPenny and 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 SharkPenny 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.
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 SharkPenny’s discretion, without notice. The Merchant is solely responsible for the sale and shipment of alcoholic beverages. Any offer that features alcohol will contain information about shipping and other restrictions. Visit the Buying FAQ for information about SharkPenny’s tax policies.
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 (e.g., other ticketed event vouchers). 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 fully transferrable.
Additional terms for Tickets and Admission Vouchers.
• Tickets and Admission Vouchers. Some Vouchers are redeemable for a ticket for admission, or may be used as a ticket for admission, to a specific event at a named venue. G-Pass tickets (which are SharkPenny-branded admission Vouchers), tickets shipped or emailed directly from a Merchant, and certain other Vouchers redeemable for tickets or admission to events (collectively, “Tickets and Admission Vouchers”) have no value once the event date and time has passed. Tickets and Admission Vouchers are final sale and non-refundable, subject to the Extraordinary Event Policy, unless otherwise stated. Tickets and Admission Vouchers do not include any applicable gratuity. Unless a specific exception is made, Tickets and Admission Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. Tickets and Admission 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 Tickets and Admission Vouchers are issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against SharkPenny, the venue, the issuer of the Tickets and Admission 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 Tickets and Admission Vouchers. You agree that any event for which you purchase Tickets and Admission 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.
Getaways that you purchase through the Site are subject to the terms below:
• Getaways Deals. A SharkPenny Deal is a SharkPenny-facilitated hotel or travel package at a named Merchant available for purchase for a limited period of time (“Getaways Deal”). Unless otherwise specified, a Getaways Deal is non-transferrable. A Getaways Deal may not be sold, auctioned, or bartered. Cancellations to Getaways Deals may only be made through SharkPenny until the deadline specified in the fine print and details of the Getaways Deal. Cancellations to any Getaways Deal after the cancellation deadline and modifications to the traveler’s name are at the discretion of the Merchant and not SharkPenny. SharkPenny does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant’s discretion. SharkPenny strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require and violation of such additional rules and restrictions may result in additional charges and/or the cancellation of your Getaways Deal.
There are two types of Getaways Deals:
• A Getaways Voucher is a voucher for a specified length of stay and room type that may be booked for a pre-defined range of dates at a named Merchant property (“Getaways Voucher”). The promotional value of a Getaways Voucher will EXPIRE on the book by date specified on the face of the Getaways Voucher, unless prohibited by law. The promotional value cannot be combined with other offers. Travel must be booked by the book-by-date by directly contacting the Merchant, and all travel must be completed by the travel by date specified on the Getaways Voucher. The amount paid WILL NEVER EXPIRE. After the promotional value has expired, the Merchant is responsible for permitting you to redeem the Getaways Voucher for at least the amount paid towards the advertised experience of the Getaways Deal. Getaways Vouchers are not valid for existing reservations or for group bookings. Getaways Vouchers are not reloadable. Getaways Vouchers are fully transferable. Unless otherwise specified, Getaways Vouchers exclude all taxes and any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
• A Getaways booking is a travel reservation for a specific check-in date, length of stay, and room type at a named Merchant property (“Getaways Bookings”). Getaways Bookings have no value once the check-in date has passed. Amounts displayed in the “Taxes and Fees” line include tax that SharkPenny collects as an agent on behalf of the Merchant. Such taxes are transferred to the Merchant for payment to the appropriate taxing authority. In addition, the “Taxes and Fees” line may include a fee we charge and retain in exchange for the services we provide in facilitating your transaction with the Merchant. Our service fees vary based on the amount and type of Getaways Bookings. SharkPenny will apply tax to the service fee, where applicable. You may also incur other charges collected by SharkPenny at check-out which will be noted in the Getaways Deal terms such as, but not limited to, hotel resort fees, cleaning fees, parking fees, and/or pet fees. Unless otherwise specified, Getaways Bookings expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons.
• Getaways Market Pick hotels. A Getaways Market Pick hotel is a reservation for a specific check-in date, length of stay, and room type at a named Merchant property (“Getaways Market Pick hotel”). Getaways Market Pick hotels are non-transferrable, may not be sold, auctioned, or bartered, and have no value once the check-in date has passed. Unless otherwise specified, Getaways Market Pick hotels include tax recovery charges and service fees and expressly exclude any other traveler costs including, without limitation, travel insurance, incidentals, service charges, gratuities or expenses due to special requests or add-ons. The tax recovery charge is assessed to recover the amount we pay to the merchant in connection with your reservation for sales and use, occupancy room tax, excise tax, value added and other similar taxes, and the balance of the additional amount is a service fee we charge in connection with handling your reservation. SharkPenny does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant’s discretion. Cancellations to Getaways Market Pick hotels may only be made through SharkPenny until the deadline specified in the fine print and details of the Getaways Market Pick hotel. Cancellations to any Getaways Market Pick hotel after the cancellation deadline are at the discretion of the Merchant and not SharkPenny. SharkPenny strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require, and violation of such additional rules and restrictions may result in additional charges and the cancellation of your Getaways Market Pick hotel.
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 SharkPenny from the sale of a Coupon, if applicable, is compensation to SharkPenny 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. SharkPenny does not make any warranty in relation to the Coupons, including, without limitation, their validity and/or value. SharkPenny is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Coupon.
iv. 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 SharkPenny from the sale of a Merchant Gift Card is compensation to SharkPenny 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. SharkPenny does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. SharkPenny 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.
v. BusinessEat Orders
(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 SharkPenny 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.