* Currently under revision 10/1/18 *
Last Updated: 03/30/11
These Gift Certificate Terms and Conditions (hereinafter "Terms and Conditions") govern the purchase, use and redemption of gift certificates purchased online from Left Bank Brasseries, d/b/a Left Bank Brasseries ("Left Bank Brasseries"). For questions, comments or suggestions, please contact Left Bank Brasseries at:
Left Bank Brasseries
3031 Tisch Way
San Jose, CA 95128
Purchasing, Sending and Receiving Gift Certificates
- Gift certificates are void where prohibited or restricted by law.
- Gift certificates cannot be used to purchase gift certificates.
- Except as provided herein, gift certificates have no cash value.
- Gift certificates are not valid until payment has been received and successfully processed by Left Bank Brasseries.
- Left Bank Brasseries reserves the right to refuse service or reverse any gift certificate purchase for any reason and return the funds to the purchaser.
Redeeming Gift Certificates
- Gift certificates are only redeemable at Left Bank Brasseries for the amount or service specified on the gift certificate. Left Bank Brasseries reserves the right to convert service-based gift certificates to their monetary value, equivalent to what was paid for the gift certificate, at its option and sole discretion.
- Except as required by law, gift certificates are not redeemable for cash and cannot be returned for a cash refund.
- Any unused balance of the gift certificate will remain until redeemed.
- If a purchase exceeds the amount listed on the gift certificate, the redeemer is responsible for paying the difference at time of purchase.
- For security purposes, a recipient may be required to show valid ID before he or she can redeem the gift certificate.
- Left Bank Brasseries, its agents and vendors, may provide gift certificate purchasers with information about the redemption status of gift certificates.
Cancellation and Expiration of Gift Certificates
- Left Bank Brasseries reserves the right to immediately invalidate gift certificates, without notice, should it receive a credit card chargeback, returned check or other form of repudiated payment made towards the gift certificate.
- Left Bank Brasseries is not responsible for lost or stolen gift certificates. Reasonable and prudent steps are taken to verify the legitimacy of a redeemer and upon full redemption, the gift certificate will be identified as not valid for payment of any kind.
- Left Bank Brasseries reserves the right to dishonor the gift certificate, if it reasonably believes it was not validly purchased, has already been redeemed, or the redeemer stole or is otherwise not the intended beneficiary of the purchaser.
- Gift certificates have no expiration date.
- Left Bank Brasseries may, at its sole option and discretion (unless required by law) replace a lost gift certificate, provided the original gift certificate is valid, has not been redeemed and the replacement is issued to the verifiable beneficiary of such gift certificate. Such replacement will be the beneficiary's sole remedy for such lost or misplaced gift certificates.
Miscellaneous Terms and Conditions
- Left Bank Brasseries reserves the right to change these Terms and Conditions from time to time in its sole discretion.
- Left Bank Brasseries is not responsible for emailed gift certificates that do not reach their intended recipient for reasons beyond its control. Bounced email is not monitored. Receipt of email cannot be verified. Left Bank Brasseries can only verify receipt of the gift certificate, if the recipient of the gift certificate actually uses the URL enclosed in the email message to access the gift certificate using an internet browser.
- Between 1am and 6am, MST, Left Bank Brasseries processes future email delivery requests and ships out previously scheduled email. Left Bank Brasseries is not responsible for late delivery of gift certificates.
- LEFT BANK BRASSERIES, ITS AGENTS AND AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE NUMBER OR BAR CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND LEFT BANK BRASSERIES'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE.
- Gift certificates, and these Terms and Conditions, are subject to and governed by the laws of California, without reference to its principles of conflicts of law.
- If any provision of these Terms and Conditions should, for any reason, be held invalid, prohibited by law or unenforceable in any respect, such term will not apply. However, the remainder of these Terms and Conditions shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid, prohibited or unenforceable provision to make it valid and enforceable.
- Risk of loss will pass to the purchaser of the gift certificate upon the electronic transmission of such gift certificate to the recipient or purchaser.
Last Updated: 04/16/13
Our Commitment to You: Left Bank Brasseries, d/b/a Left Bank Brasseries ("Left Bank Brasseries") is dedicated to establishing trust with you, our customer, and to protecting your privacy. All personal identifying information collected by us will be used for the sole purpose of maintaining our relationship with you. Our contact information is as follows:
Left Bank Brasseries
3031 Tisch Way
San Jose, CA 95128
When you sign up for services with Left Bank Brasseries or make a purchase on our website, you will be asked to provide contact and payment information. The contact information will include your name, address, phone number and email address. The payment information typically includes your credit card number and information necessary to conduct a credit card transaction for the services purchased on our website.
How Do We Collect Personally Identifying Information?
We either collect personally identifying information ourselves, through registration, signup or order forms, or we use a third-party to collect that information on our behalf, only as necessary to conduct a transaction. We utilize CoverBoom to provide much of the underlying technology necessary for our website, online gift certificate program, and/or other services. CoverBoom is a service of Sevence, LLC d/b/a CoverBoom, and their contact information is as follows:
Sevence, LLC d/b/a CoverBoom
317 Commercial St. NE
Albuquerque, NM 87102
The mission of CoverBoom is to help make the Internet experience wonderful for its customers. The utmost respect, protection and regard for personally identifying information represent a key component of this mission. Therefore, CoverBoom is under contract with Left Bank Brasseries, and cannot use, resell or make available personally identifying information for any organization except Left Bank Brasseries or as otherwise explicitly agreed to by you.
For the rest of this Privacy Statement, the words "we," "our," or "Left Bank Brasseries" shall mean Left Bank Brasseries, CoverBoom or both.
We collect traffic patterns and information from our web servers, but this information is not combined or used with or in conjunction with personally identifiable information.
We collect third-party personally identifying information when our customers provide us with the email address of a gift recipient (i.e. the lucky recipient of a gift certificate).
What Do We Use Personally Identifying Information For?
We only use personally identifying information to conduct, facilitate or in furtherance of a transaction. For example, we use personally identifying information to charge a credit card for services. We will also send transactional notices to a purchaser and their gift recipient(s), including reminders that a service or gift certificate has not yet been redeemed.
We may, only to support a particular transaction, release your personally identifying information to a third-party, such as a credit card processor, delivery company, or other third-party as would be necessary to complete the transaction with us. If we do this, rest assured that we would only release the minimal information necessary to process the relevant transaction.
If you allow us (i.e. by "opt in" when you sign up or register with us), we may send you polite marketing messages, such as reminders of upcoming holidays or gift giving ideas.
We may aggregate limited demographic information, purchasing behaviors or web traffic patterns. This information will not be tied or traceable to any personally identifying information.
What We Do NOT Use Personally Identifying Information For?
We will never sell, intentionally release or otherwise make available your personally identifying information to third-parties that are not required for a specific transaction that you request, unless otherwise compelled by law or court order.
How Do We Protect Your Personally Identifying Information?
We protect personally identifying information both online and offline. Online, account information is protected by the leading industry standard method of Secure Socket Layer (SSL) encryption. All credit card information is encoded and protected using multiple layers of network security, including firewall protection. Offline, personally identifying information is also protected in our offices. Our employees are well informed about our privacy practices, and access to customer information is restricted to what is necessary to perform their specific tasks. Moreover, we notify our employees of any changes to our Privacy Statement and corresponding requirements, and we possess polices and procedures to handle privacy complaints and security threats or breaches.
How Can I Review or Make Changes to My Personal Information?
You can review or update your personal information or change the status of your "opt-in" anytime you conduct a transaction with us. Alternatively, you may contact Left Bank Brasseries via firstname.lastname@example.org or call (415) 992-3288, where we would be happy to assist you.
How Are Updates to this Privacy Statement Made?
You can check this website for changes, and we encourage you to contact us via email@example.com with any questions you have about any changes or any of our policies. Without your express consent, we will never materially change our policies and practices to make them less protective of your personally identifying information.