ICHIRAN USA Gift Card Terms and Conditions
Purchase, acceptance, or use of the ICHIRAN Gift Card means accepting the following terms:
1. General Terms: ICHIRAN Gift Cards are issued and administered by ICHIRAN USA, Inc. (“ICHIRAN”, “we”, or “us”) through our vendor TouchBistro, Inc. to individuals (“you”) who purchase, accept, and/or use the ICHIRAN Gift Cards. By purchasing, accepting, and/or using an ICHIRAN Gift Card, you agree to these terms and conditions, the ICHIRAN Privacy Policy, and any applicable provisions of the TouchBistro Inc. Privacy Policy which can be accessed at www.touchbistro.com/privacy-notice/. Gift cards include plastic or physical gift cards, other stored value cards, digital gift cards (or “eGift Cards”), or other digital stored value cards (collectively “Gift Card”, “Gift Cards”, “ICHIRAN Gift Card” or “ICHIRAN Gift Cards”).
2. Changes to Terms and Conditions: ICHIRAN reserves the right to change these Gift Card Terms & Conditions from time to time in its sole discretion. Your continued use of the Gift Card after we make changes to these Gift Card Terms & Conditions is deemed to be acceptance of those changes, so please check the policy periodically for updates. No changes shall be made to these Gift Card Terms & Conditions by any person or entity other than ICHIRAN, and any unauthorized attempt to change or modify these Gift Card Terms & Conditions shall be deemed rejected by ICHIRAN and may result in the forfeiture of ICHIRAN Gift Card and any balance on the ICHIRAN Gift Card.
3. Use of Gift Cards: ICHIRAN Gift Cards may be used to purchase food products and merchandise, where applicable, purchased directly from ICHIRAN’s restaurant locations in New York, currently located in Brooklyn and Manhattan. ICHIRAN Gift Cards cannot currently be used for delivery using third party delivery services, or for online orders. ICHIRAN Gift Cards are not redeemable for cash or transferable, except where required by law. If a purchase exceeds your total ICHIRAN Gift Card balance, the remaining amount must be paid with another payment method.
4. Returns: You may not return or cancel your ICHIRAN Gift Card after activation.
5. Privacy: Personal information that you provide to ICHIRAN or ICHIRAN’s vendor, TouchBistro, Inc., when purchasing, activating, or using an ICHIRAN Gift Card is subject to the ICHIRAN Privacy Policy and any applicable provisions of the TouchBistro, Inc. Privacy Policy. ICHIRAN shall not have access or control over personal information provided to TouchBistro, Inc. and you agree to hold ICHIRAN harmless for any alleged damage caused as a result of an action or inaction of TouchBistro, Inc. with respect to your personal information.
6. Risk of Loss: Ownership and risk of loss of an ICHIRAN Gift Card passes to the purchaser/recipient as soon as the Gift Card is sent to the recipient. ICHIRAN is not responsible for lost, stolen, or misdirected ICHIRAN Gift Cards. It is the purchaser’s responsibility to provide a correct and updated email or physical address for the recipient.
7. Limitation of Liability: ICHIRAN AND ITS AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ICHIRAN GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF AN ICHIRAN GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. IN NO EVENT SHALL ICHIRAN, TOUCHBISTRO, INC., OR THEIR RESPECTIVE AFFILIATES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO YOUR ICHIRAN GIFT CARD OR THESE GIFT CARD TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DATA BREACH, OR OTHERWISE, EXCEED THE UNUSED BALANCE OF YOUR ICHIRAN GIFT CARD.
8. Violation of These Gift Card Terms and Conditions: You agree to not use ICHIRAN Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to ICHIRAN, TouchBistro, Inc., or their respective affiliates. ICHIRAN reserves the right, without notice to you, to void ICHIRAN Gift Cards (including a portion of your ICHIRAN Gift Card balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that an ICHIRAN Gift Card is obtained, used, or applied to an account fraudulently, unlawfully, or otherwise in violation of these ICHIRAN USA Gift Card Terms and Conditions.
9. Governing Law and Disputes: These ICHIRAN USA Gift Card Terms and Conditions, and all matters arising out of or relating to your use of the ICHIRAN Gift Card, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of New York. You irrevocably and unconditionally agree that you will not commence any action, litigation, or proceeding of any kind whatsoever against ICHIRAN in any way arising from or relating to these ICHIRAN USA Gift Card Terms and Conditions or your use of the ICHIRAN Gift Card, in any forum other than a court of competent jurisdiction located in New York County or Kings County, in the State of New York, and any appellate court from any thereof. You irrevocably and unconditionally submit to the exclusive jurisdiction of such court and agree to bring any such action, litigation, or proceeding only in such court.