Terms of Service

PLEASE READ THESE ORI’ZABA’S SCRATCH MEXICAN GRILL (HEREINAFTER, “ORI’ZABA’S,” “WE,” “OUR,” OR “US”) TERMS OF SERVICE CAREFULLY. BY REGISTERING, ACCESSING, RECEIVING, REDEEMING, USING, OR OTHERWISE PARTICIPATING IN OUR REWARDS PROGRAM (THE “REWARDS PROGRAM”), YOU AGREE AND ARE HEREBY BOUND BY THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AND ANY ADDITIONAL TERMS AND CONDITIONS THAT MAY BE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE PROHIBITED FROM AND MUST NOT ACCESS, ENGAGE OR PARTICIPATE IN THE REWARDS PROGRAM. APPLICABILITY

These Terms of Service (the “Terms”) apply to your access to and participation in our Rewards Program. These Terms do not alter the terms or conditions of any other agreement you may have with us for other products or services or the terms or conditions of any other promotional offers or programs conducted by us outside the context of the Rewards Program. Information collected in connection with the Rewards Program is governed by our Privacy Policy. You authorize us to collect and use certain information about you in connection with your participation in our Rewards Program. You must read our privacy policy carefully to understand how we collect, use, and disclose information about you and customers and how to update or change your personal information and/or the ways we are authorized to communicate with you. Our Privacy Policy is located at https://zabas.com/privacy-policy/.

ELIGIBILITY
The Rewards Program is open to legal residents of the fifty (50) United States of America and Washington, D.C. who are 18 years of age or older. Rewards and points earned in connection with the Rewards Program are intended and must only be used for personal use. Commercial use is strictly prohibited. Rewards are not targeted toward, nor intended for use by, anyone under the age of 18. If you are under the age of 18, you may participate in the Rewards Program only with the permission and under the supervision of a parent or legal guardian who agreed to be bound by these Terms. Participants must have a valid email address and mobile phone number to enroll. The Rewards Program is only available at participating Ori’Zaba’s locations.

HOW REWARDS WORK
By participating in the Rewards Program, you may accumulate “points” that entitle you to certain benefits or rewards that may only be redeemed at participating Ori’Zaba’s locations. Redemption of a reward is at all times subject to participation and availability. Rewards cannot be redeemed in combination with any other promotion, special offer, discount, or coupon unless specifically allowed by the terms of a specific promotion. Your rewards (“Ori’Zaba’s Z.I.P. Rewards”) and points are 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) Ori’Zaba’s Z.I.P. Rewards account that is personal to you. As described in more detail below, points are earned with each qualifying purchase you make in relation to the amount spent at participating locations.

HOW TO ENROLL
To enroll in the Rewards Program and begin accumulating points, you must create an account. To create an account, you must sign up online at https://zabas.com/order-mexican-food/ by location or on the Ori’Zaba’s ZIP app. You will be required to provide your full name (first and last name), a valid mobile telephone number and email address. Birthday (month, day and year) is optional. You will be sent a verification code via SMS to the phone number provided to verify your account. By clicking Sign Up on the sign-up page, you agree to these Terms and our privacy policy https://zabas.com/privacy-policy/ and give consent to receive text messages, electronic mail, push notifications and other forms of communications from us as we may determine from time to time. You may only have one account. Any additional accounts in your name or otherwise controlled by you may be deactivated or terminated by us in our sole and absolute discretion. In such event, any rewards tied to such account shall be automatically forfeited.

ACCUMULATING POINTS
Point accumulation will begin with your first purchase following your enrollment and account creation. You may accumulate points for any qualifying purchase made on and after the date you enroll in the Rewards Program and create your account. To receive points for a qualifying purchase, you must: place your order through the rewards app or online ordering while signed into your account or provide your phone number to the cashier if making an in-store purchase. Rewards Program participants earn one (1) points for every one ($1.00) U.S. Dollar spent (not including tax and gratuity, delivery or service charges, gift card purchases, or amount redeemed using points) on qualifying purchases. Periodically, we may offer the opportunity to earn Bonus Points or Exclusive Offers through the Rewards Program. These promotional Bonus Points, if offered, will be awarded as described in the applicable promotional offer and will be subject to these Terms and any additional terms set forth in the promotional offer. We reserve the right to retroactively award points or remove points not meeting these conditions or any other conditions we may require in the future in our sole and absolute discretion. Points will not be awarded for: (i) purchases occurring prior to your enrollment and account creation; or (ii) purchases made more than thirty (30) days prior to a request made for a credit. In no event will points be awarded retroactively to any account without presentation of a receipt and such other proof of purchase as we may require for more than (a) two (2) purchases on a single transaction date; (b) two (2) purchases within one (1) calendar week; or (c) four (4) purchases within one (1) calendar month. To accumulate points, qualifying purchases must be paid in cash, with a valid debit or credit card, or with a valid gift card. Purchases using other currency or promotional offers will accrue points only for the amounts, if any, paid in cash. Qualifying purchases must total at least one ($1.00) U.S. Dollar (excluding sales tax and are subject to the other exclusions as set forth in these Terms). Except as otherwise provided herein, there is no limit to the number of qualifying purchases per day. All menu items purchased in a single transaction count as one qualifying purchase. Some exclusions apply. Taxes, tips, donations, discounts, coupons, returns, redeemed rewards, and fees, including without limitation, delivery fees, bag fees, service fees, convenience fees, and any other fees, are excluded from the total amount of the purchase when computing points accumulated for a qualifying purchase. If you void, cancel, reject, or later return any item from a qualifying purchase, we reserve the right to deduct the points associated with that purchase from your account.

REWARDS
Once a Rewards Program participant accumulates the number of points needed for a Reward, the participant can redeem their points in the Rewards section of their account. Rewards are locked, until the customers hit the right number of points. Once the reward is selected, the corresponding Reward will be automatically added at checkout. Some Rewards will be added immediately, while others will be added within a reasonable time. Once your points have been redeemed, they are gone and there are no refunds, returns or exchanges for additional points, cash, or other goods and services, even if you return the item(s) or cancel the order that your points were redeemed toward. Except as otherwise provided in these Terms or in such additional terms as we may communicate in connection with a particular offer or reward, rewards expire if not used within 12 months after the calendar month in which the points were earned. Redemption of rewards are at all times subject to availability at the time of redemption and may only be redeemed at participating locations. Rewards may be changed, updated, or altered at any time in our sole and absolute discretion and without your consent or notice to you. We may also discontinue any reward in our sole and absolute discretion without your consent or notice. Rewards may also be subject to such additional terms, conditions, restrictions, and limitations as we may determine from time to time in our sole discretion. We have the right to change, alter, modify, or discontinue the Rewards Program and these Terms at any time without your consent and without liability to you.

TRACKING YOUR ACCOUNT
Rewards Program participants can view their points by logging into their account on the app or online and clicking on the “REWARDS” icon. We reserve the right to change the number of points required to earn rewards and/or the benefits associated with one or more rewards in our sole discretion at any time and without your consent. In addition to the above, points expire, and we reserve the right to deactivate and terminate your account after 12 months of account inactivity (i.e., no qualifying purchases), unless sooner terminated as a result of an account being deactivated by you or by us as provided herein.

SPECIAL OFFERS
We may from time to time in our sole discretion make available or offer an opportunity to earn additional points, and/or other special offers, bonuses, or other promotions. The terms, conditions, and benefits applicable to any such special offers, bonuses, or promotions will be determined by us in our sole discretion and communicated in conjunction with any such offers. Because any terms and conditions associated with any special offers, bonuses, or other promotions may be different from or in addition to the provisions of these Terms, you must read and agree to the terms and conditions of any such special offer, bonus, or other promotion before participating in the same. Nothing contained in these Terms shall be construed as obligating us to offer any special offers, bonuses, or other promotions.

LIMITATIONS, RESTRICTIONS, AND OTHER TERMS
Any digital or other identifier associated with your account and any accumulated points are 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. Any determination we make regarding participation, eligibility, or any other question, issue, or disputes arising under or related to the Rewards Program, these Terms, or any other terms, conditions, rules, or restrictions are final and binding and are not subject to challenge or appeal. Other than as set forth in the Dispute Resolution section of these Terms, nothing in these Terms will limit us from exercising any legal or equitable rights or remedies that we may have. Without notice to you, we reserve the right to suspend, restrict access to, and/or terminate your account and/or your participation in the Rewards Program for any reason in our sole and absolute discretion, including without limitation, if we determine that you have violated these Terms, you have more than one account, that you have abused the Rewards Program, or that the use of your account is unauthorized, deceptive, fraudulent, unlawful, or subverts the purposes of the Rewards Program. We also reserve the right, in our sole discretion, to suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in the Rewards Program is terminated, then all accumulated points and rewards earned by you or otherwise in your account are void and forfeited. We do not charge any fees for you to participate in the Rewards Program, although use of online services in conjunction with participation in the Rewards Program may result in data charges, internet access fees, or similar costs and expenses. Points, rewards, account status and other benefits accumulated under the Rewards Program have no cash value and may not be redeemed for cash or sold, auctioned, bartered, brokered, purchased, transferred, assigned, or used to engage in any gambling activity. Any points or rewards used or obtained in this manner may be confiscated or canceled. There may be a limited number of particular rewards available. In such an event, those rewards will be delivered on a first-come, first-served basis. You agree that you are strictly prohibited from relying on the continued availability of a particular reward. The number of points required to redeem any reward may also be substantially increased, restricted, or withdrawn by us or any third party supplying the reward. We reserve the right, but are not obligated, to substitute rewards of comparable or greater value if any redeemed reward becomes unavailable for any reason. Rewards pictured in point-of-sale, online, television and print advertising, promotional packaging, or other materials are for illustrative purposes only. The actual reward may vary from the reward pictured. We are not responsible and have no liability to you for any failure, problems, or technical or other malfunction of any telephone network or lines, computer system, mobile device, online system, internet connectivity, server, provider, computer equipment, software, e-mail, traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing points, a qualifying purchase, any unavailability of a reward, or any injury or damage to you or any other participant or any other person’s computer or mobile device. If, for any reason, the Rewards Program is not capable of running as intended, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our control, including without limitation, those which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Rewards Program, we reserve the right in our sole discretion to cancel, terminate, modify, or suspend the Rewards Program or otherwise respond to the circumstances as we deem appropriate.

CHANGES TO OUR REWARDS
As stated throughout these Terms, we reserve the right to change, update and/or discontinue, in whole or in part, the Rewards Program or any portion of the Program, all or any portion of these Terms, and/or any policy, guidelines, or disclosures pertaining thereto, at any time in our sole discretion and without your consent or notice to you. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the revisions to these Terms, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify these Terms, we will revise the “last updated” date located at the bottom of these Terms. If you continue to participate in the Rewards Program by earning points, redeeming points, logging into your account, or otherwise participating in the Rewards Program in any way after a change to these Terms, you will be deemed to have read, understood, and unconditionally consented and agreed to such changes. If we decide in our sole discretion to discontinue the Rewards Program, participants will have thirty (30) days or an amount of time deemed reasonable by us in our sole discretion from the date the termination is announced to use and redeem all remaining points and rewards. Use of such points and rewards will be on a first come, first serve basis and are otherwise subject to availability. We make no representation or warranty about the number or type of rewards that may be available at any time, including after termination has been announced, and many rewards that may have been available prior to termination will quickly become depleted or otherwise unavailable once such announcement is made. Any points or rewards remaining in your account at the time of termination will be forfeited without liability to us and no compensation will be provided.

DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION
WAIVER
You agree that any claim, controversy or dispute you may have at law or in equity against us, arising in whole or in part out of or relating in any way to the Rewards Program, points or any reward, these Terms, or the scope or applicability of this agreement to arbitrate (each, a “Dispute”) will be resolved in accordance with the provisions set forth in this section. You must read this section carefully. It affects your rights and will have a substantial impact on how Disputes are resolved. You agree that whenever you have a Dispute, you will send a written notice to us (“Demand”). You agree that the requirements of this paragraph will apply even to Disputes that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): [fillin]. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until thirty (30) business days after you send a Demand. If the disagreement stated in the Demand is not resolved within such time period, the Dispute (1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “Arbitrator”) and conducted before a sole arbitrator in accordance with the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this paragraph; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in the place of our principle place of business at the time the arbitration is filed; (4) the Arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that you may have agreed or entered into; (5) the Arbitrator shall apply Michigan state law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; the arbitration can decide only your individual claims; the Arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the Arbitrator shall not have the power to award punitive damages against us or any of our franchisees or affiliates; and (8) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor we shall be required to arbitrate their dispute. If, for any reason, the American Arbitration Association is unable or unwilling to conduct the arbitration, you may file your case with any national arbitration company that will honor the requirements set forth above.

INDEMNIFICATION
You agree to release, defend, indemnify, and hold Ori’Zaba’s Scratch Mexican Grill and each of its owners, investors, members, officers, directors, managers, affiliates, parents, franchisees, contractors, representatives, agents, employees, successors, and assigns (the “Indemnified Parties”) harmless from and against any claims, alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs or expenses of defense, including, without limitation, actual attorney’s fees, arising out of or in connection with: (a) your breach of these Terms including any supplemental or additional terms, (b) your access or use of the Rewards Program, including any and all features, functionality, tools, content, promotions, and services made available to you, (c) your use or access to the Rewards Program or Ori’Zaba’s ZIP mobile application, (d) any unauthorized access or use of your account or your violation of any law or the rights of any third party, (e) information posted or transmitted through your computer or membership account, even if not submitted by you, (f) any misrepresentation made by you, or (g) your breach of any other laws or regulations. The Indemnified Parties each reserve the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with the defense of any claim as fully and reasonably required by such defense. The Indemnified Parties also each reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any such matter without the written consent of the Indemnified Party.

LIMITATIONS ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE REWARDS PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU PROVE THAT WE HAVE BREACHED THESE TERMS OR ANY OTHER TERMS APPLICABLE TO THE REWARDS PROGRAM, THEN YOUR SOLE AND EXCLUSIVE REMEDY UNDER SUCH CIRCUMSTANCES WILL BE TO RECEIVE REWARD POINTS. YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. BY PARTICIPATING IN THE REWARDS PROGRAM, YOU AGREE THAT ANY LEGAL, EQUITABLE OR OTHER CLAIM OR CAUSE OF ACTION ARISING IN WHOLE OR IN PART OUT OF OR OTHERWISE RELATED TO THE REWARDS PROGRAM OR THESE TERMS MUST BE SERVED AND FILED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. YOU ACKNOWLEDGE AND AGREE THAT THIS ONE (1) YEAR CONTRACTUAL LIMITATIONS PERIOD IS NOT SUBJECT TO TOLLING AND MAY BE SHORTER THAN THE APPLICABLE STATUTE OF LIMITATIONS THAT WOULD OTHERWISE APPLY. AFTER SUCH ONE (1) YEAR PERIOD, THE AFFECTED CLAIM OR CAUSE OF ACTION WILL BE DEEMED WAIVED AND RELEASED, AND THE ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE AFFECTED CLAIM OR ACTION IS BASED SHALL NOT BE ACTIONABLE.

Last Updated: September 1, 2022.

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