1.1 This Agreement contains the terms and conditions of your Hunger Pass Membership. Further details regarding your Hunger Pass Membership can be found on our website at www.HungerPass.com, which details are incorporated herein. Please read these terms and conditions carefully and make sure that you understand them before ordering a HungerPass Membership from our app and becoming a member of the Hunger Pass Club. By ordering a HungerPass Membership, you agree to be bound by these terms and conditions.
1.3 We reserve the right to amend these terms and conditions at any time by posting the amended terms and conditions on our app. You may receive a notice from us in the event any terms and conditions are materially changed. However, please note that you will be subject to the terms and conditions in force at the time that you ordered a Hunger Pass Membership from us or in force upon any renewal of your membership in accordance with this Agreement, as applicable, unless any change to these terms and conditions is required to be made by law or any governmental authority (in which case such change will apply to orders previously placed by you).
2. Information About Us.
2.1 We are HungerPass and we operate the app HungerPass.
3. Your Status.
3.1 By placing an order for a HungerPass Membership through our app, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years of age.
4. How the Contract Between You and Hunger Pass is Formed.
4.1 After placing an order for a HungerPass Membership on our app, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to access a member card of the HungerPass Club. All orders are subject to acceptance by us in our discretion. If we accept your order, you will receive an email from us that confirms your order has been approved. The contract between us and you will only be formed when we send you the confirmation described above.
5.1 The initial term of your membership will begin when we accept your order pursuant to Section 4.1, and shall continue until the expiration date listed on your initial membership card (which date will be two hours from the time your initial membership commenced). Thereafter, your membership can be renewed for new two hour terms, subject to your right of cancellation set forth in this Section 5.1. A new membership card, with an updated expiration date, will be provided upon each renewal.
5.2 If you cancel your Hunger Pass Membership in accordance with the cancellation policy described in Section 5.1, your membership in and access to HungerPass.com will be terminated effective as of the expiration date listed on your then current HungerPass Card and you will no longer have acess to the HungerPass card at such time. There are no refunds after 24 hours of the original purchase, see Section 17.1.
6.1 At checkout of your initial purchase, you will receive a digital membership in the form of an application to be used on your smartphone, at the prices set forth in Section 8.1. Your digital membership may be accessed immediately through our app.
7. Price and Payment.
7.1 The price will be $1.00 for the member to access a card. All guests of the member will require an additional $1.00 per guest, excluding the first guest of the member.
7.2 Payment must be made by credit or debit card, or by such other method as we may agree in writing from time to time. We will charge your credit or debit card when your initial order is placed. If the credit or debit card has expired and you have not provided us with updated information, your membership will not be renewed and you will have no further rights as a member of HungerPass.
7.3 All prices include local and state sales taxes.
8. Participating Restaurants and Use of Your Hunger Pass Membership.
8.1 Upon presentation of your valid, unexpired Hunger Pass Membership Card, participating restaurants shall be obligated to offer a discount of at least 10% to your total pre-tax food and drink bill (including alcoholic beverages). Your HungerPass Card will be verified by the participating restaurant prior to granting any discount. At its discretion, a participating restaurant may elect to provide a greater discount, which information will be available to you in the participating restaurant’s section of our app. The discount shall apply to everyone dining in your group, provided that the relevant participating restaurant may place a limit on the maximum number of people that may utilize the discount, which maximum number shall not be less than four (please check our app for details regarding limits imposed by individual participating restaurants, which are subject to change from time to time based on the customized preferences of the participating restaurants).
8.2 Participating restaurants designated as “24/7” participating restaurants on our app will honor your HungerPass Membership Card without any exclusions or restrictions as to dates, times, meals, menu items, or similar restrictions. All other participating restaurants may, at their discretion, accept your HungerPass Membership Card subject to various exclusions and restrictions as to dates, times, meals, menu items or similar restrictions. All such exclusions and restrictions will be posted in the participating restaurant’s section of our app, and may be subject to change from time to time based on the customized preferences of the participating restaurants.
8.3 In order to receive a discount at any participating restaurant, you must present your Hunger Pass Membership Card at the time of your meal. Offers advertised on our app are only available to members who present a valid, unexpired HungerPass Membership Card. As described in Section 8.2, such offers may not be available in conjunction with other offers that participating restaurants may be running, which may include set menus or any other menus other than the standard a la carte menu. One HungerPass membership is valid for a party of 6 or more based on the restaurants agreement stated on their page. In the event that the party splits their bill, the HungerPass discount should only be applied to the membership holder’s bill. *This is at the discretion of the restaurant.
8.4 The expiration date of each HungerPass Membership Card will be checked and verified at each participating restaurant. Expired HungerPass Membership Cards will not be accepted by participating restaurants. HungerPass Membership Cards and memberships are strictly non-transferable and can only be used by named members and their accompanying dining partners, up to any limit specified by participating restaurants as described in Section 8.1. Any attempted misuse of your HungerPass Membership Card may result in membership termination in our discretion.
8.5 We will use reasonable efforts to update our app to provide details regarding participating restaurants and the terms of their participation in the club. Participating restaurants may withdraw from the club or change the terms and conditions of their participation after you become a member of HungerPass. We shall have no liability for any such withdrawals or changes in terms and conditions.
9. Our Liability.
9.1 Our liability shall be limited to damages arising from breaches of these terms and conditions by us, and in no event shall we be liable to you for any amount in excess of the membership fee paid by you for your then current membership term in connection with any such breach. Further, we shall be entitled to cure any breach of these terms and conditions by us within a reasonable time period. In no event shall we be liable for any special, indirect, consequential or punitive damages in connection with these terms and conditions or otherwise.
9.2 In no event shall we be liable for the following losses:
9.2.1 loss of income or revenue;
9.2.2 loss of business;
9.2.3 loss of profits; or
9.2.4 loss of anticipated savings.
9.3 Nothing in this Agreement excludes or limits our liability for damages arising from:
9.3.1 fraud or fraudulent misrepresentation on our part; or
9.3.2 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9.4 When you purchase food from any participating restaurant, we shall have no liability for any losses or liabilities arising out of, relating to or in connection with, such food or your dining experience, including the failure of any participating restaurant to honor your membership discount. We will not become involved in, and we shall have no obligation to become involved in, any dispute between you and any participating restaurant with respect thereto. You agree that you may attempt to recover any such losses or liabilities from the relevant participating restaurant.
9.5 We shall have no liability in the event that you fail to provide any participating restaurant with your Hunger Pass Membership or fail to request the applicable membership discount at any participating restaurant. All membership discounts must be obtained at the time of your dining experience. If you pay a bill which does not reflect a discount that you are otherwise entitled to by virtue of your membership, we shall have no liability with respect to such discount.
9.6 We do not provide any warranty for any goods or services accessed through, or displayed on, our app.
10. Written Communications.
10.1 When using our app, you accept that communication with us will be primarily electronic. We will contact you individually by e-mail when necessary or provide you with information by posting notices on our app. For contractual purposes, you acknowledge and agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
11.1 All notices given by you to us must be sent to the following email address: info@HungerPass.com. We may provide notice to you at either the e-mail or postal address that you provide to us when placing an order, or in any of the ways specified in Section 11. Notice will be deemed received and properly served immediately when posted on our app; 24 hours after an e-mail is sent; or three days after the date any letter is mailed. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the mail and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12.1 Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.
13.1 In the event of the invalidity or unenforceability of any provision of this Agreement under applicable law, the parties agree that such invalidity or unenforceability shall in no way affect the validity or enforceability of any other provisions of this Agreement, and this Agreement shall be carried out as if such invalid or unenforceable provision, or part thereof, had been reformed, and any court of competent jurisdiction is authorized to so reform such invalid or unenforceable provision, or part thereof, so that it would be valid, legal and enforceable to the fullest extent permitted by applicable law.
14. Third Party Rights.
14.1 This Agreement is for the sole benefit of the parties hereto and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement.
15. Entire Agreement.
15.1 These terms and conditions and any document expressly referred to in them constitute the whole Agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between us and you relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
16. Applicable Law.
16.1 The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of New York without regard to its conflict of law provisions.
17. Refunds and Card Transfers.
17.1 Refunds will only be offered within the first 24 hours of the original purchase.
17.2 Membership is strictly non-transferable. Member names are displayed on the digital membership so they cannot be loaned to friends or family members.