FHUNGER REWARDS TERMS OF USE
Effective Date: DECEMBER, 1 2024
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE FHUNGER REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE FHUNGER REWARDS PROGRAM.
These Terms of Use include an arbitration agreement that governs any disputes between you and us. In arbitration, there is less discovery and appellate review than in court. This arbitration agreement and other provisions will:
These Terms of Use include an arbitration agreement that governs any disputes between you and us. In arbitration, there is less discovery and appellate review than in court. This arbitration agreement and other provisions will:
1) Eliminate your right to a trial by jury to the extent allowable under applicable law
2) Substantially affect your rights, including preventing you from bringing, joining, or participating in class or consolidated proceedings in arbitration and litigation.
You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Fhunger Rewards program by electronic means, including posting such information and materials online at www.fhunger.com
ADDITIONAL TERMS
These Terms of Use apply to your access to, and participation in, the Fhunger Rewards program in the United States (“Fhunger Rewards”), which is operated by SimPriFY Solutions, LLC d/b/a/ Fhunger or its respective subsidiaries, licensees, and affiliated companies (collectively, “Fhunger”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Fhunger for other products or services.
CHANGES TO TERMS
Fhunger reserves the right to change or modify these Terms of Use or any policy, FAQ, offer, promotion, benefit, or guideline pertaining to Fhunger Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.fhunger.com , so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Fhunger Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in Fhunger Rewards.
PERSONAL USE
Fhunger Rewards is intended for personal use only. Commercial use is prohibited. Fhunger Rewards 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 access and participate in Fhunger Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Our Privacy Statement is incorporated into these Terms of Use and also governs your participation in Fhunger Rewards. Please read the Privacy Statement carefully to understand how Fhunger collects, uses, and discloses information about customers, how to update or change your personal information, and how we communicate with you.
ABOUT FHUNGER REWARDS
Fhunger Rewards is one way in which Fhunger endeavors to reward and thank loyal customers for supporting the local restaurants on our platform and helping to reduce food waste. Fhunger Rewards members are able to earn and accumulate “Fun Points” that can be redeemed for Fhunger Rewards benefits ( “Rewards”).
JOINING FHUNGER REWARDS
To join Fhunger Rewards, go to the Fhunger App (“App”) and follow the prompts to create an account. You will be required to provide the following information:
1. First and last name,
2. Email address and password.
3. Mobile Number
EARNING AND REDEEMING REWARDS
The rewards that are available to you through Fhunger Rewards are based on the number of “Fun Points” that you earn. You can earn Fun Points by making purchases and referring others in the Fhunger mobile application in the following ways:
1. Purchase of food and drinks (non-alcoholic) using Fhunger mobile App. When you pay for the order and pick-up your order, you will earn 1 (one) Fun Point for every $1 (one) U.S. Dollar you spend on the App.
2. Referring other customer to Fhunger. When you refer a new customer to the Fhunger mobile App and they complete the sign-up process, you and the referred customer both get 100 Fun Points each.
3. Promotional offers in the Fhunger mobile App. From time to time, we, or others acting with our permission, may offer you opportunities to earn additional “Fun Points” through special promotions. These promotional Fun Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer. Offer(s) subject to change, and may be modified, suspended or terminated at any time without notice. Offers void where prohibited by law. Other restrictions may apply.
Note that Fun Points may be earned only in whole numbers (rounded to lower whole number) depending on the value of your purchase.
Fun Points may be redeemed for orders placed using the Fhunger mobile App as per the redemption tiers. The Fhunger mobile App will show the balance Fun Points and provide an option in the cart to apply the Fun Points to an order. The Fun Point redemption tiers for redeeming Fun Points on Fhunger Mobile App in the United States are as follows:
1. 100 Fun Points may be redeemed for $2 in the cart
2. 200 Fun Points may be redeemed for $4 in the cart
3. 300 Fun Points may be redeemed for $6 in the cart
4. 400 Fun Points may be redeemed for $8 in the cart
5. 500 Fun Points may be redeemed for $10 in the cart
Note that Fun Point tiers cannot be combined and only one tier can be applied and redeemed in the cart. 500 Fun Point is the highest tier that can be applied to a cart.
EXCLUSIONS TO EARNING FUN POINTS
You may not earn Fun Points in connection with certain types of beta or promotional programs, or on purchases made with Fun Points or other forms of service recovery coupons. Taxes, tips (if any), and fees, including without limitation, delivery (if any) and handling fees, and bag fees, also may be excluded and ineligible for Fun Point accrual.
CANCELLATIONS
If an order is canceled by the Provider/Restaurant or by the Fhunger admin/ support team then the Fun points will not be awarded for that order.
REWARD EXPIRATION
Unless otherwise noted, Fun Points are automatically added to your account within twenty-four (24) hours of your eligible purchase and do not expire as long as you maintain your account with us. Fhunger will review Fun Point expiration policy time to time and update as per business requirements. You can view and track your Fun Point balance by using the Fhunger App.
OTHER IMPORTANT FUN POINT REDEMPTION AND EXEMPTION INFORMATION
Fun Points are not applicable to the requests made for the “Quote your price” requests. Once the request is approved then the Fun Points can be redeemed for the order on the approved price and then the payment can be processed.
In addition, your redemption of Fun Points accrued in connection with Fhunger Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Fhunger.
OTHER IMPORTANT INFORMATION YOU SHOULD KNOW
There are no participation or membership fees associated with Fhunger Rewards. Fun Points accrued in connection with Fhunger Rewards are promotional, have no cash value, and cannot be redeemed for cash.
Your Fun Points and Fhunger Rewards account is personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends, or others, or used by you for any commercial purpose. You may have only one (1) Fhunger Rewards account that is personal to you.
Without notice to you, Fhunger reserves the right to suspend any Fhunger Rewards account registered to you and/or terminate your account and/or your participation in Fhunger Rewards if Fhunger determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Fhunger Rewards account is unauthorized, deceptive, fraudulent, or otherwise unlawful. Fhunger may, in its sole discretion, suspend, cancel, or combine Fhunger Rewards accounts that appear to be duplicative. In the event that your participation in Fhunger Rewards is terminated, all accrued Fun Points in your account are void.
Without notice to you, Fhunger also reserves the right to “unregister” and make ineligible for Fhunger Rewards or account that has been inactive for two (2) consecutive years. Inactivity is defined as no Fun Points earned during such two (2) consecutive year period. In the event that your Fhunger Rewards account is unregistered or rendered inactive, all accrued Fun Points in your account are void.
Fhunger reserves the right to change, modify, discontinue, or cancel Fhunger Rewards or any part of the Fhunger Rewards program, at any time and in its sole discretion, without notice to you.
DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT)
Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration, or litigation to the fullest extent allowable by applicable law.
A. Informal Dispute Resolution. The parties shall use good faith efforts to resolve any disputes. In the event of a dispute, each party shall appoint an individual with authority to bind the respective party of at least a vice president level. The designated individuals shall meet in person or by conference call within [fifteen (15)] business days of the effective date of a notice of a dispute to resolve the issues in dispute.
B. Binding Arbitration. Any unresolved disputes shall be submitted by arbitration at a mutually agreed upon location in [location] if the dispute is raised by Seller and in [location] if the dispute is raised by Buyer or its affiliates; provided, however, that nothing in this Section shall restrict the right of either party to apply to a court of competent jurisdiction for emergency relief pending final determination of a claim by arbitration in accordance with this Section. All arbitration shall be conducted in accordance with the rules and regulations of the American Arbitration Association, in force at the time of any such dispute, by a single arbitrator, mutually acceptable to Seller and Buyer. Each party shall pay its own expenses associated with such arbitration, including the expenses of the arbitrator, provided that the prevailing party in any arbitration shall be entitled to reimbursement of reasonable attorney’s fees and expenses (including, without limitation, arbitration expenses) relating to such arbitration. The decision of the arbitrator, based upon written findings of fact and conclusions of law, shall be binding upon the parties; and judgment in accordance with that decision may be entered in any court having jurisdiction thereof. In no event shall the arbitrator be authorized to grant any punitive, incidental, or consequential damages of any nature or kind whatsoever.
C. This Agreement may not be assigned by either party without the prior written consent of the other, except to a parent company, a wholly owned subsidiary of a party or its parent, or a successor in interest to all or substantially all of the business interests, rights and obligations of a party hereto. Any attempted assignment in violation of this paragraph shall be null and void.
D. Notwithstanding termination of this Agreement or any renewal period thereof, it is agreed that those rights and obligations which by their nature and context are intended to survive such termination shall survive, including without limitation the provisions relating to software license, confidentiality, limitation of liability, warranty exclusions, patent infringement indemnification and the making of all payments due hereunder for Products delivered and Services rendered.
GOVERNING LAW AND JURISDICTION
These Terms of Use or your access to or participation in Fhunger Rewards are governed by the laws of the state of Missouri, United States of America, without regard to Missouri’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in St. Louis County, Missouri, United States of America, for purposes of any legal action arising out of or related to access to or participation in Fhunger Rewards or these Terms of Use, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.
SEVERABILITY AND SURVIVAL
Except as otherwise provided herein, if any provision or part of a provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision or part of the provision shall be deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
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