Terms & Conditions

Terms & Conditions

These Program Terms and Conditions (these “Program Terms”) are subject to, and made a part of the Terms, and apply to your access to, and your participation in the Program, which is operated by CAFÉ POS, LLC, it franchisees, its affiliates and subsidiaries (The “Company”).

These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Program Terms. If you do not agree to all the terms of this Agreement, then you may not access or use any of our Services.

The Company (also “we,” “us,” and/or “our”) provides users with the ability to make credit and debit card purchases and earn points and rewards (collectively, “Loyalty Rewards”) from the Company, through its point of sale terminal (“Terminal”), website, (the “Site”), and mobile and other software applications as available (collectively, the “Service” or “Services”) subject to the following Terms (as amended from time to time, the “Terms”). The terms “user,” “you,” and “your” mean any user of the Services.

We reserve the right, at our sole discretion, to change or modify these Terms at any time without further notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. You agree that The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If you do not agree to abide by these or any future Terms, please stop using and accessing the Service.

There are no membership fees associated with the Program. The Program is open only to residents of the U.S. who are 13 years or older and are natural persons; no corporation, trust, partnership or other entity may participate in the Program. If you are between 13 and 18, you may join and participate in the Program only with the permission of a parent or guardian. The Company encourages parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent.

Loyalty Rewards: By using the Service, you may have the opportunity to qualify for Loyalty Rewards through promotional campaigns. All Loyalty Rewards made available in connection with the Service are promotional only and have no cash value. Loyalty Rewards are only made available for qualifying purchases, which we may amend from time to time without notice. If you cancel or return a qualifying purchase which you have collected Loyalty Rewards, the Company may deduct the Loyalty Rewards that you were awarded for that purchase.

You have no property value in any Loyalty Rewards. Such Loyalty Rewards are redeemable solely for the applicable goods or services of The Company. Loyalty Rewards will not be accumulated on the portion of any transaction that was paid for or credited by using or redeeming other discounts or promotional codes. Loyalty Rewards will not be accumulated on purchases as may be excluded in a particular promotions, and any other items specified as exclusions from time to time (collectively, the “Excluded Items”). We reserve the right to add or delete products and services eligible for redemption at any time, at our sole discretion, without notice.

Registration and Account Maintenance. You are required to register with the Program to access and use certain features of the Service, including the Loyalty Rewards. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You further agree that you will not provide the Company any mobile device numbers not assigned to you. You agree that your use of the Service will comply with applicable law and that you will not use the Service to engage in any illegal activity.

You are responsible for maintaining the confidentiality of your account and are fully responsible for any and all activities that occur under your account.

Communications. By creating an Account, you consent to receive electronic communications from the Company (e.g., via email, text, or by posting notices on the Company App or Site). These communications may include notices about promotional events, your Account (e.g., payment authorizations, password changes, security concerns and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Promotional Events. From time to time, The Company may offer promotional events. By providing your email address and cell phone number, you consent to be automatically entered into our promotional events. As part of your consent, you authorize The Company to communicate with you electronically (via email and/or text) about such promotional events, and to send you the promotional events’ descriptions and official terms and conditions that apply to such promotional events. In the event you are a winner, we may share your name and contact information with a third-party promotional company in order to facilitate the fulfillment of your prize and you consent to such sharing. In the event that you wish withdraw your consent to such sharing, or desire to opt out of marketing and promotional communications and events, you can do so by (i) following the instructions in the email or other communication, (ii) following the opt out instructions in the terms and conditions, or (iii) closing your Account.

Disclaimers. IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE COMPANY’S TERMS, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM, OR ANY PROMOTIONAL EVENTS. OUR TOTAL LIABILITY TO YOU WITH RESPECT TO THE PROGRAM, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT ON SCANNED QUALIFYING PURCHASES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) IF YOU HAVE NOT PAID THE COMPANY, THE AMOUNT OF USD$100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

The Program is void where prohibited. No substitutions, assignments, or transfers of any Qualifying Purchases will be permitted. The Company’s decisions in connection with this Program are final and binding. The Company will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of The Company. Any provision of these Program Terms deemed unenforceable will be enforced to the maximum extent permissible, and the remainder of these Program Terms will remain in effect.

We reserve the right to impose volume limitations on some items, and to offer additional and/or different benefits to some members based on geographic location, participation in the Program, or other criteria determined by us.

Your Account and accumulated Loyalty Rewards are personal to you, and may not be sold, transferred or assigned to, or shared with family, friends, or others, and may not be used for any commercial purpose.

If you have any questions, comments or concerns about the Program or these Program Terms, you may contact us at the following address):
Gong Cha Tea, LLC
425 N. Broadway #287
Jericho, NY 11753
Telephone Number: 516-813-5642
Email address: inquiries@gongchausa.com

Pricing and Availability. All prices are shown in U.S. dollars, and taxes, shipping and handling charges (if any) are additional. All of our products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to substitute products without prior notice. We strive to provide you with high-quality products, and given the perishable nature of certain products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at 516-813-5642.

Payment and Billing Information. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be cancelled. You must resolve any payment method problems before we proceed with your Order. In some cases, we (or our third party payment processor) may authorize or reserve a charge on your payment method. The authorization is not a charge. However, it may reduce your available credit by the authorization amount. In the event that the amount of our authorization exceeds the total funds on deposit in your payment account, you may be subject to overdraft or non-sufficient funds charges by the bank issuing your payment method. We are not responsible for these charges and are unable to assist you in recovering them from your issuing bank.

Data. By signing up for the Program, you acknowledge and agree that you give the Company and its third party affiliates, (including Fivestars as hereinafter discussed) access to all business activities and personal data provided by you. You hereby consent that all information provided by you will be made available to the Company and Fivestars and they will have the perpetual and irrevocable right to use the information you provide. By using this Program, you hereby consent and grant permission (i) to the Company to share your information with Fivestars, and (ii) to Fivestars so that Fivestars may communicate with you and otherwise use such data and/or information in accordance with their Terms of use and Privacy Policy agreements (https://www.fivestars.com/legal/). By using the Service, you consent to our collection and use of personal data as outlined therein. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.

Arbitration. Any dispute or claim relating in any way to your use of the Service, or to any products or services sold or distributed by The Company will be resolved by binding arbitration, rather than in court and shall be governed by the laws of the State of New York.

Indemnification. You agree to indemnify and hold harmless The Company, its employees, Franchisees, its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.