Terms of Service

Birthday VIP Club™

Last Updated: March 2026

These Terms of Service (“Terms”) govern your access to and use of the Birthday VIP Club website, applications, and related services (collectively, the “Platform”) operated by TriMedias, LLC, a New York limited liability company located in Staten Island, New York (“Company,” “Birthday VIP Club,” “we,” “us,” or “our”).

By accessing or using the Platform, you agree to these Terms. If you do not agree, you may not use the Platform.


1. Description of the Platform

Birthday VIP Club is a promotional dining marketplace that connects individuals celebrating birthdays (“Users”) with participating restaurants offering birthday-related promotions (“Participating Restaurants”).

The Platform enables Users to:

• Discover birthday promotions
• Receive promotional birthday passes
• Browse restaurants offering birthday dining incentives
• Select restaurants for birthday celebrations

Birthday VIP Club does not operate restaurants, prepare food, provide catering, or manage dining services.

The Platform functions solely as a technology and marketing intermediary connecting consumers with independent restaurants.


2. Marketplace Intermediary Status

Birthday VIP Club provides a marketing and promotional platform only.

Restaurants listed on the Platform are independent businesses.

The Company does not:

• control restaurant operations
• supervise restaurant staff
• guarantee service quality
• process dining transactions

All dining experiences and transactions occur directly between Users and the participating restaurant.


3. Selection Phase Program

Birthday VIP Club is currently operating a pre-launch Selection Phase in select markets, including Staten Island, New York.

During this phase:

• Restaurants may be invited to participate in the marketplace
• Promotional offers may be limited or experimental
• Restaurants may appear or disappear from the Platform
• Redemption limits may apply
• The Company may evaluate participation performance

The Selection Phase allows the Company to collect marketplace demand data and refine the platform prior to broader public launch.


4. Restaurant Responsibility Clause

Participating restaurants are solely responsible for honoring and fulfilling any promotional offer listed on the platform.

Birthday VIP Club does not control restaurant:

• policies
• availability
• service quality
• seating decisions
• pricing
• food preparation

Any dining experience or dispute must be resolved directly with the restaurant.


5. Offer Availability Disclaimer

Promotional offers displayed on the Platform may change at any time.

Promotional offers may be modified, limited, paused, or discontinued by participating restaurants at any time based on availability, redemption limits, or operational capacity.

Offers may also disappear from the Platform when redemption limits are reached.

Birthday VIP Club does not guarantee the availability of any specific promotion.


6. Restaurant Participation Disclosure

Participation by restaurants in the Birthday VIP Club platform is voluntary and may change over time.

Restaurants may:

• join the Platform
• pause participation
• reach redemption limits
• withdraw from the Platform

The selection of restaurants available on the Platform may change without notice.


7. Promotional Instruments

The Platform may distribute promotional instruments including:

• birthday passes
• coupons
• digital dining promotions

Unless expressly stated otherwise:

• promotional instruments have no cash value
• they are not gift cards
• they cannot be redeemed for money

Promotions are provided solely as marketing incentives offered by participating restaurants.


8. Eligibility

Users must:

• be at least 18 years old
• provide accurate registration information
• comply with these Terms

Users may be required to provide:

• name
• email address
• phone number
• ZIP code
• date of birth

Providing false information may result in account suspension.


9. User Accounts

Users may create accounts to access Platform features.

Users are responsible for:

• maintaining accurate information
• safeguarding login credentials
• activity conducted through their account

Birthday VIP Club may suspend accounts involved in suspicious or abusive activity.


10. Acceptable Use

Users agree not to:

• exploit promotional offers unfairly
• redeem offers multiple times beyond permitted limits
• impersonate another individual
• submit fraudulent information
• interfere with Platform functionality

Violations may result in termination of access.


11. Platform Content

All Platform content including:

• logos
• trademarks
• design
• software
• marketplace structure

is owned by TriMedias, LLC or its licensors.

Users may not reproduce or distribute Platform content without permission.


12. Third-Party Content

The Platform may display content provided by restaurants including:

• menus
• images
• descriptions
• promotional details

Birthday VIP Club does not verify all restaurant content and is not responsible for inaccuracies.


13. Limitation of Liability

To the fullest extent permitted by law, Birthday VIP Club shall not be liable for:

• restaurant services
• food quality or safety
• reservation availability
• dining experiences
• promotional redemption disputes

The Platform is provided “as is” and “as available.”

Total liability shall not exceed $100 USD.


14. Indemnification

Users agree to indemnify and hold harmless:

TriMedias, LLC
Birthday VIP Club
its officers, employees, and partners

from claims arising from:

• misuse of the Platform
• violation of these Terms
• disputes with restaurants.


15. Force Majeure

Birthday VIP Club shall not be liable for service interruptions caused by:

• natural disasters
• internet outages
• government actions
• labor disruptions
• unforeseen events beyond reasonable control.


16. Arbitration and Class Action Waiver

Any dispute arising from use of the Platform shall be resolved through binding arbitration under the rules of the American Arbitration Association.

Users waive the right to participate in class action lawsuits against the Company.


17. Governing Law

These Terms are governed by the laws of the State of New York.

Disputes shall be resolved in courts located within New York.


18. Termination

Birthday VIP Club may suspend or terminate accounts that:

• violate these Terms
• misuse promotional offers
• engage in fraudulent activity

Users may also discontinue use at any time.


19. Modifications to the Terms

Birthday VIP Club may update these Terms periodically.

Updated Terms will be posted on the Platform with a revised date.

Continued use of the Platform constitutes acceptance of updated Terms.


20. Contact Information

TriMedias, LLC
Birthday VIP Club
Staten Island, New York

Email: [email protected]