Tender Greens App and Gift Card Terms & Conditions
Please read these Terms and Conditions, which apply to your use of this App and enrollment and participation in our Rewards Program. If you do not agree to these terms, then do not use this App or participate in the Rewards Program.
We may modify these Terms and Conditions from time to time. When we do, we will notify you by email or otherwise as required under applicable law. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to this Terms and Conditions will also be posted here. Your continued use of the App or participation in the Rewards Program after any modification confirms your acceptance to the modifications.
Additionally, Tender Greens may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.
Content & Use
This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the "Content") are owned by or licensed to Tender Greens and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Tender Greens grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content.
You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Tender Greens may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.
[Tender Greens] offers the Tender Greens Perks Program (the "Rewards Program") to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating Tender Greens restaurants in the United States. Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.
Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.
The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:
Click here to create a Rewards Account;
Create an account on Tender Greens online ordering site located at order.tendergreens.com; or
Download the Tender Greens mobile app to your Android™ or iPhone® device. Follow the prompts to create an account through your Facebook account or creating an account on the App.
Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account.
As a part of the Rewards Program, Tender Greens will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.
Earning Points and Offers: You will earn and receive points (as defined below) toward Offers (as defined below) as follows:
Qualifying Purchases: Members will earn and receive Points toward Membership Levels by making qualified purchases at participating Tender Greens restaurants. You will earn one Point per purchase of $1 or more (each a “Point”). Taxes, tips, and fees, including without limitation, delivery fees, and bag fees, may also be excluded and ineligible for Points.
To receive Points for a qualified purchase, scan the bar code on the receipt or use a QR code scanner at the register from your purchase with the built in scanner in the App or upload a photo of your receipt within 7 days of your purchase to verify the minimum purchase requirement of $1. After this verification, the Points to which you are entitled will be applied to your Rewards Account. You can track the Points and Offers you have already earned and that you may earn in the future by logging into your Rewards Account History. Points for qualifying purchases from participating stores are automatically added to your account within twenty-four (24) hours. From time to time, we, or others acting with our permission, may offer you special promotions that offer you “Bonus Points." Bonus Points, will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
Tender Greens Perks Levels:
Currently, there are three (3) levels of benefits within Tender Greens Perks that are determined by the number of Points that you accumulate in your account each year. By opening an account you will be automatically enrolled in Tender Greens Perks at the Fan Level. If you earn at least eight hundred (800) points within the twelve (12) month period following your enrollment date, you will qualify for the Friend Level. If you earn at least three thousand (3,000) points within the twelve (12) month period following your enrollment date, you will qualify for the Family Level.
Once you reach a specific level within Tender Greens Perks, you will receive the benefits that are applicable to that level at that time. However, you must continue to earn and accumulate Points in order to maintain your benefit level. Points expire and reset to zero one year following your anniversary date. You will maintain your earned status level benefits for one-year after your points expire. Continue to earn points over the next year to maintain your status.
To maintain the Friend Level, you must earn at least eight hundred (800) new Points during a 12 month period following the date you reached the Friend Level. If you do not earn 800 new Points in 12 months, you will be placed at the Fan Level of Tender Greens Perks and your Points balance will automatically reset to zero (0). To maintain the Family Level, you must earn at least three thousand (3000) new Points during a 12 month period following the date you reached the Family Level. If you do not earn 3000 new Points in 12 months, you will be placed at the Level of Tender Greens Perks based on your current Points earned for that year and your Points balance will automatically reset to zero (0).
You can view and track your Points balance and available Offers on by using the Tender Greens mobile app. Tender Greens reserves the right to change the number of benefit levels and to change the benefits and Rewards associated with each level in its sole discretion at any time.
FAN LEVEL REWARDS
By registering on the order online site (http://order.tendergreens.com) or in the app, you are automatically entered into the “Fan Level" of Tender Greens Perks. Rewards may include:
- Double points during your birthday week
- Your double points can be earned starting on your birthday and the seven (7) days following your birthday.
- If you have provided Tender Greens with a current, valid email address, you will receive a reminder email from Tender Greens prior to your birthday (that is, the birthday date of record that you provided in your Tender Greens account information) indicating that your Perk is available to you.
- Invitations to certain promotions, offers and events. Tender Greens may offer Tender Greens Perks members early or extended access to special menu items or discounts.
- Personalized offers and coupons. Special offers may be distributed by email, the News section on the Tender Greens mobile app, or by physical mail. You must opt-in to receive promotional and marketing offers from Tender Greens and may be required to provide a valid email, telephone and physical address in order to receive your special offers. Special offers may be customized based on purchase behaviors and preferences. Special offers may include periodic discounts on food, beverages and merchandise, or the opportunity to earn “bonus" Points. Special offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. Read each offer carefully for specific details, expiration dates, limitations and restrictions.
FRIEND LEVEL REWARDS
After you earn eight hundred (800) Points in a 12-month period, you reach the “Friend Level" and your Star balance is reset to zero (0) on your anniversary date. Friend Level Rewards may include:
- All the benefits of Fan Level Rewards.
- A free meal on your birthday. You will receive one (1) complimentary food item valued at $15 or less below:
- The complimentary birthday Reward may be redeemed at participating stores and excludes beer and wine. Is non-transferrable. Not redeemable for cash or cash equivalent.
- If you have provided Tender Greens with a current, valid email address, you will receive a reminder email from Tender Greens approximately one (1) to two (2) weeks prior to your birthday (that is, the birthday date of record that you provided in your Tender Greens account information) indicating that your Perk is available to you.
- Bonus Double-Point Days. You are eligible for Double Point Days. Tender Greens will notify you of your designated Double Points Day and will be personalized and selected by Tender Greens for you. You must opt-in to receive promotional and marketing offers from Tender Greens and may be required to provide a valid email, telephone and physical address in order to receive notice of your designated day each month.
- Early or extended access to certain promotions, offers and event invitations. Tender Greens may offer Tender Greens Perks members early or extended access to special menu items or discounts.
FAMILY LEVEL REWARDS
After you earn three thousand (3,000) Points in a 12-month period, you reach the “Family Level" and your Star balance is reset to zero (0) on your anniversary date. Family Level Rewards may include:
- All the benefit of Fan and Friend Level Rewards.
- Exclusive invitation-only events. You must opt-in to receive promotional and marketing offers from Tender Greens and may be required to provide a valid email, telephone and physical address in order to receive your special offers. An invitation does not guarantee a seat, event RSVPs may be based on availability.
- Tender Greens swag. Not redeemable for cash or cash equivalent. You must opt-in to receive promotional and marketing offers from Tender Greens and may be required to provide a valid email, telephone and physical address in order to receive your special offers.
- Birthday meal cooked by your Tender Greens Chef for you and up to four (4) friends. Requires advance planning and notification with the Chef. You may select which location and Chef you’d like, but Tender Greens cannot guarantee dates, time or chef availability. We will work with you to determine an agreeable date and time for both parties. Not redeemable for cash or transferrable to any other location or restaurant other than Tender Greens. The Chef retrains the right to choose if your birthday dish goes on the daily special menu for the day. There is no financial compensation for serving your birthday dish as the special of the day. If you have provided Tender Greens with a current, valid email address, you will receive a reminder email from Tender Greens approximately one (1) to two (2) weeks prior to your birthday (that is, the birthday date of record that you provided in your Tender Greens account information) indicating that your Perk is available to you. You must opt-in to receive promotional and marketing offers from Tender Greens and may be required to provide a valid email, telephone and physical address in order to receive your special offers.
Social Media Sharing & Referral Bonuses: You can also share your Tender Greens experience through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the Tender Greens website, Facebook page, and/or other social media outlets.
Offers: By accumulating Points in your Rewards Account, you will earn surprise Offers (a "Reward") every 200 points, which you may redeem at participating Tender Greens restaurants. The Reward will be valid for 14 days. Once you earn a Reward, you may start accumulating Points towards another Reward. You may only redeem one Reward per visit regardless of the number of Rewards you have earned in your Rewards Account. A Reward may not be combined with any other offer or coupon.
Additional Rewards Program Terms: Tender Greens reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Tender Greens may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Tender Greens also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for three years. Inactive is defined as no Rewards earned.
Tender Greens has the right at any time, with or without giving you prior notice, to:
- end or cancel the Rewards Program and/or any specific Reward;
- change any Reward or other Rewards Program benefit we offer;
- change the requirements for earning a particular Reward;
- change the time you have in which to earn a particular Reward; and/or
- change any other feature of the Rewards Program.
If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.
Login and Registration
Certain features or services offered on or through this App may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Tender Greens immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Tender Greens or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s account or login information. Tender Greens shall not be liable for any loss or damage arising from your failure to comply with these obligations.
THIS APP, THE CONTENT, AND THE REWARDS PROGRAMS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND TENDER GREENS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TENDER GREENS DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Limitations of Liability
When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
This App is controlled, operated, and administered by Tender Greens from offices within the United States of America. We make no representation regarding use of this App outside of the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws.
This App is governed by and subject to the laws of the State of California, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in California for any disputes arising out of these Terms and Conditions, the App, or the Rewards Program. Notwithstanding this provision, you agree that Tender Greens may apply for injunctive or other equitable relief in any court of competent jurisdiction.
All or any of Tender Greens’s rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of Tender Greens’ assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Tender Greens’s failure to act with respect to a breach by you or others does not waive Tender Greens’ right to act with respect to that breach or subsequent or similar breaches.
If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can contact us by email at [email protected] or at the following address: TYP Restaurant Group, Inc. 1201 W 5th St #400, Los Angeles, CA 90017
Tender Greens Gift Card Terms and Conditions
These Terms and Conditions (this “Agreement”) describe the terms and conditions that apply to the use of Tender Greens gift cards (“Gift Cards”), including gift certificates and electronic gift cards (“egift Cards”) and Tender Greens promotional, loyalty, rewards, and incentive cards (“Promotion Cards” and, collectively with Gift Cards and egift Cards, “Cards”). In this agreement, the term “Card” or “Cards” may refer interchangeably to Gift Cards, egift Cards, or Promotion Cards.
This Agreement is between you (“Cardholder,” “you,” or “your”) and T.Y.P. Restaurant Group, Inc., the issuer of the Card (“Issuer,” “we,” “us,” or “our”). By purchasing, accepting, or using your Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, accept, or use the Card.
Note: This Agreement includes a binding arbitration provision, a class action and jury trial waiver, and limitations on liability and damages.
1. About Your Card.
Cards are issued by Issuer. Issuer is responsible for the operation and maintenance of the Card program and the sole legal obligor to the Cardholder. Cards can be purchased at participating Tender Greens restaurants and via Tender Greens mobile app. Promotion Cards may be provided to you as a promotion in connection with the purchase of a Gift Card or in connection with another promotion at participating Tender Greens restaurants. Cards are valid only if obtained from a participating Tender Greens restaurant, www.tendergreens.com, or another authorized distributor. Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Cards are not debit or credit cards. The value on your Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
2. Balance Inquiries.
For balance inquiries, please contact us by phone at 310-954-1415 or online at [email protected],or visit any participating Tender Greens restaurant. The balance you receive when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted 24 hours after you make a purchase, but there may be occasions when the balance adjustment is delayed.
Gift Cards do not expire, and no fees for inactivity or service fees apply to such Cards. Promotion Cards may expire and/or impose fees; please check the specific terms and conditions on the front and back of each Promotion Card for details. Issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check, or other failure of consideration.
Cards are redeemable only for purchases of food or other products at participating Tender Greens restaurants and through the Tender Greens app. Cards have no cash value and may not be redeemed for cash except as required by law. Cards are not redeemable to purchase another Card or towards previously purchased goods or services.
Gift Cards may be reloaded with value. Egift Cards and Promotion Cards cannot be reloaded with value at this time.
6. No Refunds.
Cards are not refundable or redeemable for cash unless required by law. You may not return or cancel your egift Card after it is received.
7. Lost, Damaged, or Stolen Card.
The value of any lost, damaged, or stolen Card, or any Card altered or used without authorization, will not be replaced or replenished, except in limited circumstances with proof of purchase. If you suspect someone has copied or stolen your Card, contact us by phone at 310-954-1415 immediately.
The maximum value that can be associated with any one Card is $500 and the total amount of Card purchases for any one individual may not exceed $2000 in one (1) calendar day. Cards cannot be resold or transferred for value, and are void if resold or transferred for value.
9. Our Privacy Policies.
10. Mandatory Binding Arbitration.
Please read this section carefully. It affects legal rights that you may otherwise have and provides for 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 would be able to award under the law and must honor the terms and conditions contained in this Agreement.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND PUNITIVE DAMAGES WAIVER.
You and Issuer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the 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 or Issuer may take claims to small claims court if they qualify for hearing by such a court.
You and Issuer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions, arbitrations, or proceedings as a private attorney general are not permitted.
You and Issuer agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties, including without limitation claims made against any of T.Y.P. Restaurant Group, Inc., its affiliates, related entities, franchisees and licensees, and their respective owners, officers, directors, agents, representatives and employees.
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 the 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 Issuer 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 JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS online at http://www.jamsadr.com or by phone at 1-800-352-5267. To begin an arbitration proceeding, you must serve Issuer’s registered agent for service of process: National Registered Agents, Inc., 160 Greentree Drive, Suite 101, Dover, DE 19904 United States.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Issuer will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Issuer will reimburse you for the $25 fee if the arbitrator rules in your favor. 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 claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
11. Limitation of Liability.
ISSUER AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS RENDERED NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL BE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Governing Law.
Issuer and you agree that your use of the Card and this Agreement evidence transactions affecting interstate commerce and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Agreement and the agreement to arbitrate above.
This Agreement and your use of the Card shall otherwise be governed by and construed in accordance with the substantive laws of the State of California, without regard to principles of conflict of laws.
13. Changes to this Agreement.
Issuer reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation by posting the revised version of this Agreement online at tendergreens.com.
Issuer reserves the right to refuse to honor a Card where Issuer reasonably suspects that the Card was obtained fraudulently.
Terms and Conditions last updated on 4/2/2018
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