GYU-KAKU APP TERMS AND 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 Regards 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, Gyu-Kaku 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 Gyu-Kaku and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Gyu-Kaku 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. Gyu-Kaku 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.
Gyu-Kaku offers the Gyu-Kaku] Rewards Program (the "Rewards Program") to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating Gyu-Kaku 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 the following ways:
Through downloading the Gyu-Kaku App on your Mobile Device and enrolling.
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, Gyu-Kaku 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.
Rewards: You will earn and receive Points (as defined below) toward Rewards (as defined below) as follows:
Spend Based Program: $1 spent = 1 point for selected locations and $1 spent=2 points for selected locations. Once you earn enough points, you can redeem the points for the following Rewards:
- 100 Points
- S’mores, Ice Cream, or a Fountain Drink
- 150 Points
- Gyu-Kaku Salad or Mushroom Medley or Toro Beef
- 200 Points
- Sukiyaki Bibimbap, Shrimp Garlic, or Spicy Tuna Volcano
- 250 Points
- Harami Skirt Steak or Kalbi Short Rib or Filet Mignon
- 350 Points
- $15 off your next visit.
- 500 Points
- $25 off your next visit.
You may redeem up to 500 points per visit. Once you redeem points for a Reward, those points will be deducted from your account. Use of “$15 off your next visit” reward requires pre-tax purchase amount of $15.00 or more. Use of “$25 off your next visit” reward requires pre-tax purchase amount of $25.00 or more.
Expiration of Reward Points: Starting February 1, 2019, unused reward points will expire and become void one hundred eighty (180) days from the day they are earned. This expiration policy applies to points earned on, before, and after February 1, 2019. Points earned on or prior to August 5, 2018 will expire on February 1, 2019.
Additional Rewards Program Terms: Gyu-Kaku 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. Gyu-Kaku 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. Gyu-Kaku also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 365 days. Inactive is defined as no Rewards earned.
Gyu-Kaku 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;
- change any other feature of the Rewards Program; and/or
- apply changes retroactively to benefits already accrued under 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.
Gyu-Kaku Gold Status Program Terms: Gyu-Kaku Gold Status is awarded to Gyu-Kaku App users that dined at Gyu-Kaku more than twelve times in the previous year and were in the top 10% of spenders. Gyu-Kaku Gold Status members will be able to enjoy HAPPY HOUR prices ALL DAY Sunday through Thursday at participating locations. Gold Status membership expires on the last day of the year. Gold Status membership for the subsequent year is determined based off App users’ frequency and spending of the preceding year.
Gyu-Kaku Gold Status Rules and Restrictions: Gyu-Kaku Gold Status is subject to the following rules:
- Redeeming Gold Status benefits can only be used in groups of four (4) or less people.
- Gyu-Kaku Gold Status is not transferable
- Selection criteria and benefits of Gyu-Kaku Gold Status may change in the future. Gold Status this year does not guarantee Gold Status in future years.
Gyu-Kaku has the right at any time, with or without giving you prior notice, to:
- Terminate your Gold Status, at any time, at its sole discretion, without cause.
- end or cancel the Gold Status Program and/or any specific Benefit;
- change the requirements for earning Gold Status;
- change the time you have in which to enjoy the benefits of Gold Status; and/or
- change any other feature of the Gold Status Program.
Social Media Sharing & Referral Bonuses: You can also receive an extra 50 points for every Facebook friend you refer who joins our Rewards Program and starts earning points. Your extra points will not be awarded until the referred member enrolls in the Rewards Program and earns their first points or uses your invite code.
You can also share your Gyu-Kaku experience on your personal Facebook page 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 Gyu-Kaku website, Facebook page, and/or other social media outlets.
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 Gyu-Kaku immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Gyu-Kaku 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. Gyu-Kaku 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 Gyu-Kaku 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, Gyu-Kaku 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 Gyu-Kaku 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 Gyu-Kaku may apply for injunctive or other equitable relief in any court of competent jurisdiction.
All or any of Gyu-Kaku 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 Gyu-Kaku 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. Gyu-Kaku failure to act with respect to a breach by you or others does not waive Gyu-Kaku 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 at: firstname.lastname@example.org
Terms and Conditions last updated on 05/01/2019
Copyright © 2019 Gyu-Kaku. All rights reserved.