Terms of Service

The service

bdaypass is a birthday club. Members join free, join the birthday clubs of participating businesses, and get each one's birthday offer by email. Your page also links to restaurant chains' own birthday clubs, with the date to join each by. Those chains run their own clubs; bdaypass isn't connected with them.

Your page

bdaypass is for people 13 and older. Use your real birthday and keep to one page per person. Your page opens from a private link we email you, so keep that link to yourself; you're responsible for what's done with it.

Birthday offers

Each offer comes from the business that gives it, with its own terms (for example, dine-in only, or with another purchase), and is good for the days it says. Participating businesses agree to honor their offer for bdaypass members, but the business, not bdaypass, provides the food and the offer. A business can change its offer or leave bdaypass. If a business doesn't honor its offer, tell us and we'll take it up with them.

bdaypass Plus

Plus is an optional yearly subscription. It lets you join many restaurants at once and adds new ones near you that match what you like. The price is shown before you pay, and the price you sign up at stays yours every year you keep Plus. Plus is billed a year in advance to the card you give, and renews each year until you cancel. Taxes are added where the law requires.

Cancelling and refunds

You can cancel Plus any time by emailing support@bdaypass.com. Plus keeps running until the end of the year you've paid for, and you won't be charged again. If you ask within 30 days of a payment, we'll refund it in full. After that, payments aren't refunded, except where the law requires it or we've made a mistake in billing you.

Referrals

Every member gets a referral link. When people you referred, or the people they invite, pay for Plus, you earn a share of each payment at the rates shown on your page. Earnings come only from Plus payments, never from joining, and never from your own payment or accounts linked to yours. Each earning is held 60 days before it can be paid, and a refunded payment cancels its earnings. This is a thank-you, not an income, and most people earn little or nothing. We may need tax details before paying you, may change the rates for future payments, and may cancel earnings from fake or duplicate accounts.

Participating businesses

A participating restaurant pays $50 a month per location, billed in advance each month. There's no setup fee and no contract. We won't charge you anything until your club is live and you've accepted a payment link from us. You can cancel any time by emailing us; your club stays live until the end of the month you've paid for, and you won't be charged again. Payments already made aren't refunded, except where the law requires it or we've made a mistake in billing you.

You agree to honor the birthday offer you list for bdaypass members, on its stated terms, and to keep it up to date from your owner page. Use your members' details only to run your birthday club. Add someone from a paper card only if they're 13 or older and agreed to join.

Sales reps

Sales reps and sales organizations are independent, not our employees or agents. A rep earns 60% of each payment we receive from the restaurants they signed, for as long as those restaurants pay. Describe bdaypass honestly, don't promise what these terms don't, and send sales email only through your back office, which includes the opt-out every email needs. We may need tax details before paying you, and we may pause a rep who breaks these terms.

Using it fairly

Don't use bdaypass to break the law, to mislead or harass people, to send spam, to sign up people without their agreement, to game referrals, or to try to break, overload or copy the service. We may close a page or account that does.

Your information

Our privacy page says what we keep, who sees it and how you can delete it.

Availability and changes

We work to keep bdaypass running at all times but can't promise it will never be interrupted, or that any particular business or offer will stay. We may improve or change features; if a change takes away something important you pay for, we'll tell you first and you can cancel.

Limits of our responsibility

bdaypass is provided "as is". As far as the law allows, we aren't responsible for a business's food, service or offer, or for indirect losses, and our total responsibility for any claim is limited to what you paid us in the 12 months before it.

Ending the agreement

You can delete your page or stop using bdaypass at any time. We may end or suspend a page or account that seriously or repeatedly breaks these terms. Parts of these terms that by their nature should continue (payment owed, limits of responsibility) continue after it ends.

Changes to these terms

If we change these terms, we'll update the date above and email members, businesses and reps at least 30 days before an important change takes effect.

Contact

Questions about these terms, billing or anything else: support@bdaypass.com.