Gift Card Terms and Conditions
1. About Gong Cha Cards. Gong Cha Cards are issued by Gong Cha Franchisee and are available for sale and redemption at participating Gong Cha locations in New Jersey, New York, Texas, and Massachusetts. Gong Cha Cards are not eligible in California. Gong Cha Franchisee is the sole legal obligor to the cardholder. Gong Cha Franchise, LLC bears no responsibility or liability for any Gong Cha Cards, and you hereby knowingly release Gong Cha Franchise, LLC from any and all liability or claims of any nature whatsoever arising in connection with Gong Cha Cards. “Gong Cha Franchise, LLC” means collectively, Gong Cha Franchise, LLC, its subsidiaries, affiliates, franchisees and the officers, directors and employees of each. Gong Cha Cards can be purchased at participating Gong Cha locations.
2. Balance Inquiry/Reload. . For balance inquiries please visit www.gongchausa.com.
3. Expiration/Deactivation. Gong Cha Cards do expire. Any unused balance on a Gong Cha Card shall be deemed expired on the later to occur of (a) seven (7) years after its issuance, or (b) the earliest date permissible under applicable law.
4. Redemption. Gong Cha Cards are redeemable only for purchases at participating Gong Cha locations in New Jersey, New York, Texas, and Massachusetts. Gong Cha Cards have no cash value and may not be redeemed for cash (except as required by law).
5. No Refunds. No refunds are permitted or will be given with respect to Gong Cha Cards.
6. Lost, Damaged, or Stolen Gong Cha Cards. Lost, damaged, or stolen Gong Cha Cards will not be replaced.
7. MANDATORY BINDING INDIVIDUAL ARBITRATION. Please read this section carefully. If affects legal right that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Gong Cha Franchisee agree that any dispute, whether at law or in equity, arising out of or relating to this Agreement, the Gong Cha Card or your use of the Gong Cha Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration, except that you and Gong Cha Franchisee may take claims to small claims court if the claims fall within the scope of the applicable small claims court’s jurisdiction.
You and Gong Cha Franchisee agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted.
You and Gong Cha Franchisee agree to waive the right to trial by jury.
This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of this agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Gong Cha Franchisee both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
B. ARBITRATION PROCEDURES
Arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (collectively, the “AAA Rules”). The AAA Rules and instructions for how to initiate an arbitration are available from the AAA at www.adr.org or by calling 1-800-778-7879. To begin an arbitration proceeding, you must serve Gong Cha Franchisee at the Franchisee Address.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that for claims of less than $1,000, Gong Cha Franchisee will pay all administrative costs and fees. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where you reside and will be determined by a single arbitrator; provided, however that the arbitration may be conducted telephonically if agreed upon by the parties. The arbitration may award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
8. Limitation Of Liability. Gong Cha Franchisee, Gong Cha and their affiliates make no warranties, express or implied, with respect to Gong Cha’s Cards including, without limitation, any express or implied warranty or merchantability or fitness for a particular purpose. In the event that a Gong Cha Card is non-functional, your sole remedy, and Gong Cha Franchisee’s sole liability, shall be the replacement of such Gong Cha Card. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. Unless prohibited by law, you and Gong Cha Franchisee agree to limit claims for damages or other monetary relief against each other to direct and actual damages and that neither you, nor Gong Cha Franchisee, will seek any indirect, special, consequential, treble, or punitive damages from the other. Unless prohibited by law, both you and Gong Cha Franchisee agree to not bring any action, in any form, against Gong Cha Franchisee or Gong Cha relating to this Agreement.
9. Choice Of Law. The laws of the State of [Franchisee Location], without regard to principles of conflict of laws, apply to this Agreement and use of any Gong Cha Card. If you part of this agreement is deemed to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
10. Changes To Agreement. Gong Cha Franchisee reserves the right to change this Agreement from time to time in its sole discretion, which changes Gong Cha Franchisee may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.gongchausa.com. (“Updated Terms”). Your use of Gong Cha Cards after Gong Cha has posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of Gong Cha Cards from that point forward.
11. Fraud. Gong Cha Franchisee reserves the right to refuse to honor (and cause participating Gong Cha locations to refuse to honor) a Gong Cha Card where Gong Cha Franchisee suspects that the Gong Cha Card was obtained fraudulently.