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INTRODUCTION
These Tous Les Jours Terms of Use (“Terms”) is a binding legal agreement, and by using the website or mobile application (collectively, “Sites”), or Mobile Order Services (defined hereinafter), using other online services, gift cards, tools or programs, offered by Tous Les Jours International Corp. (“Tous Les Jours,” “we,” “us,” or “our”) in the United States, or any interaction with our participating physical Tous Les Jours bakery-cafes (each a “Bakery-Cafe”), or where these Terms appear (collectively, the “Services”), you agree to be bound by these terms and conditions described in these Terms. “You” refers to you as a user of the Sites or Services. If you do not agree with these Terms, you should immediately stop accessing, using, or interacting with the Sites and Services.
BY USING THE SITES OR SERVICES, YOU ARE AGREEING TO BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON TOUS LES JOURS’ LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
You understand and consent that (with or without notice) we may update, modify, or terminate the Sites (or these Terms) from time to time, including by pushing updates to (or removing functionality or access from) the mobile application that you have installed on your device or by posting changes to the Sites. You also agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing the Terms by posting revisions on the Sites. We encourage you to check back and review these Terms from time to time. Your continued use of the Sites following our posting of changes will mean that you accept the revised Terms. If you are not satisfied with the Sites or its Terms following such changes, your sole remedy is to stop accessing, using, or interacting with the Sites and Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Tous Les Jours for products, services or otherwise. In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Sites or Services, these Terms will govern.
While Tous Les Jours manages, operates and controls the Sites, the fulfillment of the orders through the Sites are by the Bakery-Cafes. Many of the Bakery-Cafes are owned and operated by different independent franchise operators (each a “Franchisee”), and we are not responsible for the operations of, or the interaction with, these Bakery Cafes operated by Franchisees (each a “Franchisee Location”). Each Franchisee Location is solely and independently managed by a Franchisee, who is responsible for its legal and regulatory compliance, for any issues relating to the sale of menu items to you, and for any other programs or services provided at that Franchisee Location. Therefore, these Terms do not apply to any in-person orders or purchases at any Franchisee Location, your interaction and experiences in any Franchisee Location, or with any other websites or services separately offered by a Franchisee Location.
Some of the Services are made available through the use of third-party suppliers and service providers. In addition to other suppliers, the Services are supported by services provided by Google, Amazon Web Services, and DoorDash. By using the Services, you agree to review and comply with all terms and notices as Google may provide, including without limitation the Google Maps / Google Earth Terms of Service (including the Google Privacy Policy), all terms and notices as DoorDash may provide, including without limitation the DoorDash/Storefront Terms and Conditions (including the DoorDash/Storefront Privacy Notice), and all terms and notices as Amazon Web Services may provide, including without limitation the AWS Service Terms (including the AWS Privacy Notice). Further, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.
I. ELIGIBILITY AND ACCESS
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
You are responsible for any devices, software and services needed to access and use the Sites. We do not guarantee that the Sites will fully function on any particular device or with any particular software. You are also responsible for any data charges, fees, and taxes with your access and/or use of the Sites, if any, and any messaging or other charges for communications with you by text, email, or other means that you chose, relating to certain functions of the Sites (e.g., the order status).
In order to participate and access certain areas and/or functions of our Sites, you must register for an account. If you create an account on our Sites, you are responsible for keeping the account secure and for all activity under the account and accept all risks of unauthorized access. An email may be required to create an account. You agree to (a) create only one account – you are not permitted to register multiple accounts under multiple email addresses; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information to keep your information accurate at all times; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; and (e) promptly notify Tous Les Jours if you discover or otherwise suspect any security breaches relating to the Sites.
II. ADDITIONAL TERMS
Certain Services such as, but not limited to, the Tous Les Jours Rewards Program (“Rewards Program”), the Tous Les Jours Text Messaging Program (“Texting Program”), and Tous Les Jours Gift Cards (“Gift Cards”) have additional terms and conditions (collectively, “Additional Terms”) and are incorporated herein the corresponding sections. By using that particular Service(s), you agree to the Additional Terms.
III. INTERNET PRIVACY AND SECURITY
Please read the Tous Les Jours Privacy Notice (“Privacy Notice”) carefully to understand how Tous Les Jours collects, uses, shares and discloses personally identifiable information from its users of the Sites. This Privacy Notice may change from time to time, so review it with regularity and care. By using the Sites and Services, you consent to this collection, use, disclosure and sharing as described in the Privacy Notice.
Due to the design of the internet, we cannot guarantee that communications between you and Tous Les Jours will be free from unauthorized access by third parties or will be 100% secure. By agreeing to these Terms, you expressly agree that your use of the Sites is at your sole risk, and you agree that Tous Les Jours shall not be liable if a security breach occurs or if the Sites is unavailable, except as required by law.
IV. ACCEPTABLE USE OF THE SITES AND SERVICES
You agree to access and use the Sites and Services only for lawful reasons. You are solely responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of the Sites. You are prohibited from using the Sites and Services in a way that:
Tous Les Jours will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any user who violate these Terms and may disclose your information to such law enforcement officials and/or agencies if required by law.
V. AVAILBILITY, PRICES AND PROMOTIONS
The Services may not be available in all geographic areas. You may need to enable location services on your device in order for the Sites to function properly. Where available, prices and participation of Bakery-Cafe may vary. Availability of promotional offers and discounts may vary by location. Unless expressly stated on the offer or discount, promotional offers and discounts are subject to change or withdrawal at any time and without notice.
VI. ONLINE ORDERING
Tous Les Jours may provide you the ability to order online from participating Bakery-Cafes through the Sites, through the use of third-party services, or through the use of Tous Les Jours mobile application ordering services (“Mobile Order Services”). Our Online Order Services may not be available in all geographic areas, and is subject to participation by the Bakery Cafe. You are making direct purchases from the participating Bakery Cafe when you make an order through the Mobile Order Services. You may track the status of your order on the mobile application, and purchased items must be picked up in person from the Bakery Cafe identified when you placed your order.
All menu items and products are subject to availability at the participating Bakery-Cafe where you collect or pick up your order, as some Bakery Cafes do not sell all menu items or products. Images of menu items on the Site or Services may not look identical to the actual item or product that you may collect or pick up from a Bakery Cafe. The actual items or products may be slightly different in size or shape or in other aspects as the images may be shown differently due to your device’s display of colors or other factors.
You are responsible for payment of your order by means of a payment option made available through the Mobile Order Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. The applicable Bakery Cafe will charge, and you authorize the applicable Bakery Cafe to process and charge the order total with the payment method you specify at the time of your order. We use third party providers and may accept various third-party services to process payments for Mobile Ordering Services. These third-party payment services providers will securely store your payment card information and process your payments to the Bakery Cafes. You understand and agree that, when you register a payment card, the third-party payment services providers may verify that the payment card you registered is valid, including by authorizing a low-value, temporary charge. You also understand and agree that when you use Mobile Order Services to make a purchase from a Bakery Cafe, that Bakery Cafe will be the merchant of record. You represent and warrant that you are of sufficient age and have all legal rights to use all payment methods you register.
When you place an order through the Mobile Order Services, the order will be submitted directly to the Bakery Cafe identified based on your geographic location, which may be a Franchisee Location. The identified Bakery Cafe will be responsible for preparing and fulfilling your order and for responding to any questions or other communications regarding your order. If the identified Bakery Cafe is a Franchisee Location, that Franchisee Location remains fully responsible for all items that you purchase. Charges paid for completed orders are final and non-refundable. However, if you desire to seek a refund for any reason after you have placed your order, including if the products are unsatisfactory or other reasons, please contact the Bakery Cafe where you had purchased the product. The decision regarding how to resolve any refund request is in the discretion of the Bakery Cafe where you purchased the product (excluding delivery and/or third-party online order services).
You understand and acknowledge that: (i) the prices for menu items displayed through the Mobile Order Services may differ from the prices offered or published for the same menu items at physical sites of the Bakery Cafes, (ii) the prices for menu items may differ depending on geography and specific Bakery Cafes within any geography, (iii) the prices for menu items may differ depending on whether you order for dine-in, pick up or delivery (separate from any delivery fee(s)), (iv) Tous Les Jours reserves the right to change the prices displayed through the Mobile Order Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, separately stated delivery and service fees, or other related surcharges.
Minimum order amounts or certain other limitations may apply and may vary for orders placed through the Mobile Order Services. Any applicable taxes and fees, separately stated delivery and service fees, or other related surcharges due in connection with your order will be identified on the checkout screen before you place your order. If you do not agree to the prices charged for the items listed or any delivery fee, service fee or related surcharge identified on the checkout screen, do not proceed with ordering. Discounts, coupons and other offers may not all be able to be combined with orders placed through Mobile Order Services.
Other online order services may be offered by third parties through their own websites, mobile applications or other means. Neither Tous Les Jours nor any of the Bakery Cafes reviews and/or is responsible for any statements or claims (including price representations) made on those third-party sites or apps and has no responsibility to you for an order made through a third party. Any issue with or complaint regarding any of these third-party services or orders placed through them should be directed to that third party and not to Tous Les Jours nor each of the Bakery Cafes.
VII. EMAIL COMMUNICATIONS
If you sign up for a Tous Les Jours account on the Sites, you are, by default, opted in to receive promotional and other email communications from Tous Les Jours (“Email Communications”). You may, at the time of sign up, opt out of receiving Email Communications from Tous Les Jours. Thereafter, you may opt out of receiving Email Communications by adjusting your profile settings in your Tous Les Jours account via the Tous Les Jours mobile application or by clicking the “unsubscribe” link on the Marketing Campaign Email Communications. You may also have the option to sign up for Email Communications on the Sites without creating an account.
VIII. LINKS TO THIRD PARTY WEBSITES
The Sites may contain links to websites owned by other companies including, but not limited to, social media websites such as Facebook and Twitter. These links are provided solely as a convenience to you. If you use these links, you will be redirected to the respective external website. Tous Les Jours is not responsible for any of these third-party websites or their content. If you decide to access any of the third-party websites that are linked from the Sites, you do so entirely at your own risk.
IX. LINKS TO SITES OF TOUS LES JOURS’ AFFILIATES AND SUBSIDIARIES
Throughout the Sites, Tous Les Jours may provide information about Tous Les Jours domestic and foreign affiliates and subsidiaries (“Affiliates”) and may provide links to each of Affiliates’ Sites. Each of Affiliates is an independent legal entity. From time to time, the term “CJ” may be used to conveniently refer to a group of companies that are tied together by their corporate history. Therefore, please do not mistake the companies by their use of the similar name, CJ. In particular, Affiliates cannot accept or receive service of process on behalf of another. Affiliates are not legally liable for another unless specifically agreed to in writing to assume such liabilities. This Sites does not establish any nexus between the Affiliates.
X. FEEDBACK SUBMISSION
If you submit a comment, suggestion or any other material (“Feedback”) to Tous Les Jours (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Tous Les Jours and acknowledge that we will be entitled to use and implement any such Feedback in accordance to the Privacy Notice. Tous Les Jours will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner in accordance to the Privacy Notice and subject to applicable laws. By submitting Feedback, you represent and warrant to Tous Les Jours that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
XI. OWNERSHIP OF INTELLECTUAL PROPERTY
Tous Les Jours and its Affiliates, and licensors (and each of their respective successors and assigns) own its respective copyrights, trademarks, service marks, and trade dress rights to all content displayed on and from the Sites (collectively, “Intellectual Property”). You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such content to any third party (including displaying or distributing the material using a third-party Sites) without Tous Les Jours prior written consent, except to use the Sites for their intended purpose. Tous Les Jours retains all rights that are not otherwise expressly granted in these Terms.
XII. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Tous Les Jours International Corp.
Marketing Team
6832 E Slauson Ave, Commerce, CA 90040
info@tljus.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
XIII. DISCLAIMERS AND LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER CALIFORNIA LAW, NEITHER TOUS LES JOURS NOR ITS PARENT, SHAREHOLDERS, AFFILIATES, LICENSORS, SUCCESSORS-IN-INTEREST, CONSULTANTS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, PARTICIPATING BAKERY CAFES OR FRANCHISEES, CONTRACTORS (INCLUDING ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THEIR CONTENT)(COLLECTIVELY, “SERVICE PROVIDERS”) IN NO EVENT SHALL BE LIABLE TO YOU OR ANY OTHER PARTY OR USER FOR (I) ANY DAMAGES OR INJURIES THROUGH OR WITH RESPECT TO THE USE OF THE SITES, OR THE CONTENT, MATERIALS, OR THE INFORMATION DESCRIBED AND/OR CONTAINED IN OR ACCESSED THROUGH THE SITES; (II) ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TOUS LES JOURS’ RECORDS, SITES, PROGRAMS OR SERVICES; OR (III) ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION,DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOST DATA, THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES OR DEVICE FAILURE OR MALFUNCTION) IN CONNECTION WITH THE SITES, EVEN IF THE SERVICE PROVIDERS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, DAMAGES, LIABILITY OR INJURIES, INCLUDING, WITHOUT LIMITATION, CLAIMS IN WARRANTY, CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY BE RESIDING IN CERTAIN JURISDICTION THAT MAY NOT ALLOW CERTAIN LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
The Sites, including the content provided on the Sites, are provided on an “as is, as available” basis without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, reliability, availability, adequacy, or accuracy, fitness for a particular purpose, or non-infringement. Tous Les Jours makes no warranties or representations as to the completeness, usefulness, legality, or timeliness of the content provided on the Sites. Tous Les Jours assumes no liability or responsibility for any errors or omissions on the Sites. Tous Les Jours further disclaims that the Sites are free of defects or computer viruses, able to operate on an uninterrupted basis, or able to process the user information or orders submitted through the Sites successfully, accurately, or securely. The information, content, and/or materials on the Sites may include technical inaccuracies or typographical errors. This disclaimer applies to both isolated and aggregate uses of the content and the Sites, to the fullest extent allowable under applicable law.
Neither Tous Les Jours nor any of participating Bakery Cafes or Franchisees shall have any responsibility for its failure to perform any of its obligations under these Terms caused by or related to any event beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, earthquake, labor disputes, strikes, government actions, or any other event of force majeure. If such an event occurs, then its obligations under these Terms will be suspended for the duration of such event, and will make reasonable efforts to resume our obligations as soon as possible.
You agree to defend, indemnify and hold Tous Les Jours and its Service Providers, harmless from and against any and all demands, causes of action, loss, claims, damages, liability or expenses (including but not limited to attorneys’ fees) due to, resulting from, arising out of or in connection with (i) your use, or misuse, of the Sites; (ii) your conduct in connection with the Sites; and (iii) your breach or violation of these Terms. Tous Les Jours reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; however, you will be responsible for any associated costs and expenses, and you agree to cooperate in asserting any available defenses.
Our failure to enforce any provision of these Terms or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
XIV. MODIFICATIONS TO THE SITES AND TERMS, AND ACCESS TO THE SITES
Tous Les Jours reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Tous Les Jours will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
You also agree and understand that Tous Les Jours may also update these Terms at any time and at its sole discretion. While Tous Les Jours will notify you by reasonable means should there be a material modification to the Terms, Tous Les Jours will also update and post the amended Terms on the Sites. Please review these Terms from time to time to view any modifications or updates. If you do not agree to the Terms at any time, then you must immediately stop using the Sites. If you have an account created under these Sites, you may request to have the account that you have created be closed. To close your account in the Tous Les Jours mobile application, you can visit ‘Profile’ Tab, click your name on the top of the screen, select ‘Delete Account.’
Tous Les Jours may suspend or terminate your access to all or any part of the Sites at any time and for any reason, including for violation of these Terms. In the event of termination, you are no longer authorized to access the Sites, and you shall have no recourse and Tous Les Jours shall have no liability as a result of any such termination. All provisions of these Terms relating to warranties, proprietary rights, and limitation of liability shall remain effective despite such termination.
XV. DISPUTE RESOLUTION (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver)
This section, containing an arbitration agreement and jury and class action waivers, affects your legal rights so please read and review carefully.
Informal Resolution and Arbitration Agreement
By installing, accessing or using the Sites and Services, you are entering into a binding agreement with Tous Les Jours and its Affiliates and Service Providers, to have any claim or dispute (whether in contract, tort, or otherwise) arising out of or relating to the use of the Sites or these Terms be resolved through informal resolution first, and if it still does not get resolved, then by final and binding arbitration administered by JAMS and conducted before a single arbitrator, instead of court trials and class actions. Arbitration is more informal than court trials, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited.
Class Action Waiver Agreement
You, as well as Tous Les Jours, agree to waive the right to a class action and that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. Both parties are waiving any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties shall have the right to participate in a class-wide settlement.
Jurisdiction and Waiver of Jury Trial
If any part of the arbitration agreement is ever deemed unenforceable, illegal, invalid, or void, then the balance of the arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained herein. If, however, the entire arbitration agreement is deemed unenforceable, illegal, invalid, or void, then the entirety of this arbitration provision shall be null and void, and you, and Tous Les Jours, irrevocably consent to the exclusive jurisdiction of the federal and state courts in Los Angeles County, California, United States of America, for purposes of any legal action arising out of or related to the use of the Sites or these Terms, and waives 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. If litigation ensues for any reason, both you and Tous Les Jours agree to waive any right to a trial by jury.
XVI. APPLICABLE LAW AND JURISDICTION
These Terms and use of the Sites, other than the interpretation and enforcement of the arbitration agreement, are governed by the laws of the State of California, United States of America, without giving effect to that state’s principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
XVII. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Sites is Tous Les Jours International Corp., 6832 E Slauson Ave, Commerce, CA 90040. To file a complaint regarding the Sites or to receive further information regarding use of the Sites, send a letter to the above address or contact Tous Les Jours via email at info@tljus.com with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
XVIII. TERMS RELATING TO THE MOBILE APPLICATION
If you access our Services through our mobile application with your mobile device running Apple’s iOS or Google’s Android operating systems, the applicable terms for the platform from which you download the mobile application (“Platform Terms”), such as the Apple App Store or Google Play Store, may apply in addition to these Terms, which you acknowledge and agree that:
· Neither Apple nor Google has no obligation at all to provide any support or maintenance services and neither are responsible for the content in the mobile application. You should contact Tous Les Jours directly if you have any maintenance or support questions in relation to the mobile application.
· Neither Google nor Apple have any responsibility for content within the mobile application. You should contact Tous Les Jours directly if you have any concerns regarding content in the mobile application.
· Neither Apple nor Google will be responsible or liable to you in relation to any third party claim, or the investigation, defense, settlement and discharge thereof: (i) that your possession or use (in accordance with these terms) of the mobile application infringes any intellectual property rights; (ii) relating to any product warranties other than in the Platform Terms, whether express or implied; (iii) product liability claims; (iv) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (v) claims arising under consumer protection or similar legislation.
Apple and Google shall be intended third-party beneficiaries of this section.
XIX. ADDITIONAL TERMS FOR TOUS LES JOURS REWARDS PROGRAM
The Tous Les Jours Rewards Program (“Rewards Program”) is a promotional program offered by Tous Les Jours. Under the Rewards Program, you can earn Points (defined hereinafter) by making qualifying purchases (“Qualifying Purchase”) via the methods specified by Tous Les Jours (in Tous Les Jours’ discretion from time to time). You can use these Points to obtain a coupon (“Coupon”) to redeem from a preselected list of reward items (“Reward”) from one of our participating Bakery-Cafes. Bakery-Cafe participation vary by location, to find a list of participating Bakery-Cafes, please visit: www.tljus.com/app-reward-program-participating-stores. Below is a detailed description of the Rewards Program and the terms and conditions that apply to your participation in the Rewards Program (the “Rewards Terms”).
These Rewards Terms govern your use of the Rewards Program, available in the United States, as well as any other additional terms identified during your use of the Service. In the event of any conflict between the Terms and these Rewards Terms, the Terms will control. Please note that by using the “Sites,” or otherwise participating in the Rewards Program, you are agreeing to be bound by these Rewards Terms.
THE REWARDS PROGRAM IS VOID WHERE PROHIBITED. TOUS LES JOURS RESERVES THE RIGHT TO MODIFY OR TERMINATE THE REWARDS PROGRAM IN ANY MANNER, IN WHOLE OR PART, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE POINTS AND/OR COUPONS ALREADY ACCUMULATED.
You should not rely upon the continued availability of the Rewards Program or any Points accumulated in connection therewith.
Changes to the Rewards Program; Rewards Program Termination
Tous Les Jours may modify, restrict, or change the Rewards Program and/or the Rewards Program structure at any time, which changes may include, but are not limited to, changing the number of Points you may earn for a particular type of activity to redeem a particular Coupon and Reward, the method by which you can record your Qualifying Purchases, the types of Coupons and Rewards available, omitting or adding Coupon levels or categories, imposing, increasing, or eliminating Points caps or imposing Rewards Program fees, or changing the conditions under which Points or Coupons expire or are forfeited.
Tous Les Jours reserves the right to suspend or terminate the Rewards Program at any time. You must use all earned Points and redeem Coupons before expiration, or the effective date of termination, or those unused Points shall be forfeited. Points earned through prior loyalty programs that have been terminated will not be honored.
Eligibility
Participation in the Rewards Program is open to legal residents of the fifty (50) United States and the District of Columbia, who are age thirteen (13) years of age or older, and who have created a Tous Les Jours account, all at the time of purchase. The Rewards Program is not targeted towards and is not intended for use by anyone under the age of 13. If you are between the age of 13 and 18, you may only accrue and use Points under the supervision of your parent or legal guardian, who agrees to be bound by these Rewards Terms.
Participation
Except as otherwise communicated by Tous Les Jours from time to time, you will be automatically enrolled to participate in the Rewards Program, and your loyalty account (“Loyalty Account”) will be automatically created, when you: (1) install the App, (2) create a Tous Les Jours account (you can create one for free using the App) (“Account”), and (3) log into your Account using the App. Limit: one (1) Account per person/email address, regardless of whether more than one person uses the same email address. Tous Les Jours may revise the methods in which a consumer can create an Account at any time.
You acknowledge and agree that Tous Les Jours may send you information and notices regarding your Loyalty Account and the Rewards Program by email, push notification, or other means based on the information you provide to Tous Les Jours. You acknowledge and agree that Tous Les Jours shall have no liability associated with or arising from your failure to maintain accurate Account information, including, but not limited to, your failure to receive critical information about the Rewards Program.
Earning Points
Once you are enrolled to participate in the Rewards Program, you will start earning Rewards Program points (“Points”) for Qualifying Purchases. After you make a Qualifying Purchase, please allow up to forty-eight (48) hours for Points to be deposited into your Loyalty Account. Tous Les Jours will not be liable for any failure to credit Points in a timely manner.
From time to time and at its sole discretion, Tous Les Jours will designate certain menu items and other items for the Qualifying Purchase. Only those purchases of the designated items made through your Account on the App or physically at a participating Bakery Cafe may be deemed “Qualifying Purchases” and eligible for the accrual of Points. At any time, Tous Les Jours may add, eliminate, or otherwise change the methods of pickup that qualify as “Qualifying Purchases.” Except as may otherwise be determined by Tous Les Jours (in Tous Les Jours’ sole discretion), you must pick up your order (if placed on App) for that purchase to constitute a Qualifying Purchase.
You will earn ten (10) Points for each dollar (USD) spent for each Qualifying Purchase, and is subject to change from time to time in Tous Les Jours’ sole discretion. No partial Points will be awarded. For the avoidance of doubt, taxes and purchases of alcohol, charity donations, gift cards, and orders not placed on the App or at a participating Bakery Cafe will not constitute Qualifying Purchases hereunder unless otherwise expressly designated by Tous Les Jours.
For eligible App users with Accounts established prior to the start of the Rewards Program, you will earn Points for your Qualifying Purchases beginning on the date that the Rewards Program is first available to you in your App once you have agreed to the Rewards Terms. Purchases made before such date shall not constitute Qualifying Purchases. Purchases made before you agree to the Rewards Terms shall not constitute Qualifying Purchases. Total Points accruals may only be accessible via the App.
When purchasing Qualifying Purchase(s) at a participating Bakery Cafe, you must scan the barcode under your Account in the App at the register during the transaction (unless otherwise designated by Tous Les Jours), otherwise such Qualifying Purchase (and any potential corresponding Points) shall be forfeited for purposes of the Rewards Program. No Points for a past Qualifying Purchase will be awarded for failure to scan at the time of transaction or otherwise (unless otherwise designated by Tous Les Jours). Barcodes are not transferrable and may only be scanned from the Account owned by the purchaser. Tous Les Jours reserves the right to limit the number of barcode scans per person/Loyalty Account in its sole discretion. If Tous Les Jours believes you have provided fraudulent, duplicitous, or unlawful barcodes or scans, it reserves the right to remove any such Points from your Account and/or disqualify you from the Rewards Program.
From time to time, Tous Les Jours, or others acting with Tous Les Jours’s permission, may award additional Points for certain types of Qualifying Purchases or for other reasons for a limited period of time (“Bonus Points”). Bonus Points may not otherwise qualify for certain Coupons and Rewards in Tous Les Jours’ discretion. In such instances, Bonus Points will be awarded/redeemed as described in their promotional offer and will be subject to any additional terms set forth in such promotional offer.
If at any time your Account is not in good standing, no additional Points may accrue with respect to any Qualifying Purchase you make until your Account returns to good standing. Points have no cash or other value and may be used only to obtain Coupons in the Rewards Program. Points accrued in your Loyalty Account do not constitute your property and do not entitle a participant to a vested right or interest. Points and Coupons may be revoked, canceled, limited, or modified at any time, even though such action may affect your right to use previously accumulated Points or Coupons. No extensions, cash refunds, or other exchanges will be allowed for Points. You may not purchase Points or Coupons, or transfer Points or Coupons from one Loyalty Account to another Loyalty Account. You cannot combine Points or Coupons in one Loyalty Account with Points or Coupons in other Loyalty Accounts. You also may not transfer or sell any Points, Coupons, or your Loyalty Account. Tous Les Jours is not liable for Points or Coupons that are lost, suspended, delayed, uncredited, or revoked due to suspected or actual fraudulent, unauthorized, illegitimate, or other unacceptable use.
Points Expiration/Forfeiture
All Points will expire 180 days after which the Points were earned, unless they are converted into a Coupon. Your Points will be forfeited if your Account or Loyalty Account is terminated and/or deleted by you or by Tous Les Jours. You may not be provided with notice of expiration or forfeiture of Points. You are not entitled to compensation from Tous Les Jours or from any other entity if your Points expire or are forfeited for any reason.
Coupons and Reward Expiration
When Points are earned, you may redeem them for a Coupon under item categories and is subject to change from time to time in Tous Les Jours’ sole discretion. For the current list and description of the Coupons available for each Reward item, please visit www.tljus.com/rewards. The selection of available Reward items are determined by Tous Les Jours and the selection and/or the number of Points needed to earn the Coupons may change from time to time without notice to you. All Coupons and Rewards are subject to availability and must be redeemed at a U.S. participating Bakery Cafe. Points are only redeemable for Coupons. Your Points and Coupons will be forfeited if your Account or Loyalty Account is terminated and/or deleted by you or by Tous Les Jours.
For instructions on how to redeem your Coupons for Rewards, read the Frequently Asked Questions by navigating to FAQ pages available on Profile Tab of the mobile app or visiting www.tljus.com/rewards. Limit: One (1) Coupon redemption per transaction, per day. Except as otherwise designated by Tous Les Jours, you may not combine Coupon redemption with any other offers. From time to time, Tous Les Jours may limit the amount of Rewards you can redeem within a specified time period. Rewards, Coupons, and Points are not transferrable, non-divisible, and may not be combined with other Loyalty Program’s accounts.
Each Coupon may be subject to terms and conditions specific to the Reward. You will be responsible for any cost(s) associated with any customizations, additions, or changes you make to a Reward item, including any sales tax on such changes. Unless otherwise indicated, Coupons earned through Qualifying Purchases must be redeemed within sixty (60) days of being posted to a Loyalty Account or they will be forfeited. Please see each Coupon’s expiration date in the App. Rewards earned or obtained through other methods may have different eligible redemption periods or criteria as may be communicated by Tous Les Jours from time to time in Tous Les Jours’ sole discretion. Tous Les Jours is not liable to you if a Coupon expires prior to your use of the Coupon. An expired Coupon will no longer be available for use or redemption. You can only acquire Rewards to the extent that you have the required number of Points in your Loyalty Account or to the extent Tous Les Jours elects to offer any other Reward method. Once a Coupon redemption order for a Reward is placed or the Coupon expires, your Loyalty Account will show a deduction of the Coupon. Rewards are subject to availability at participating Bakery-Cafes in the United States.
Disputes
Any dispute or claim relating in any way to the Rewards Program will be resolved by the dispute resolution terms in the Terms.
Miscellaneous Loyalty Program Details
You can view certain Loyalty Account activity on the App and only on the App. If your password or other proprietary information about your Loyalty Account is lost or stolen, or if the e-mail account associated with your Loyalty Account is compromised, please contact info@tljus.com. Tous Les Jours is not responsible or liable for any Points or Rewards redeemed or used on your Loyalty Account through a lost or stolen password or a compromised e-mail account. If you have a problem or question regarding the Rewards Program or your Loyalty Account, please contact info@tljus.com. If you do not wish to participate in this Rewards Program, place orders on the App as a “guest” instead of as a logged-in Account user.
These Rewards Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Rewards Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. We reserve the right to terminate your access to and ability to participate in the Rewards Program (or any portion thereof), deactivate your Account, your Loyalty Account, and/or immediately invalidate all or any portion of your Points and Coupons for any reason and at any time in Tous Les Jours’ sole discretion, including (without limitation) in the event of fraud, a violation of these Rewards Terms, or other acts/omissions that Tous Les Jours deems unacceptable (with or without notice). These rights are in addition to any other legal or equitable remedy that may be available to Tous Les Jours under applicable law. By using the App and participating in the Rewards Program, the Rewards Terms and all of the terms and conditions under the Terms shall be applicable and binding.
XX. ADDITIONAL TERMS FOR TOUS LES JOURS TEXT MESSENGING PROGRAM
There may be SMS text messages sent by Tous Les Jours (“Texting Program”), if you sign up to receive mobile offers and/or text updates or communications. Below is a detailed description of the Texting Program and the terms and conditions that apply to your participation in the Texting Program (the “Texting Terms”). In the event of any conflict between the Terms and these Texting Terms, the Terms will control. “You” refers to you as a user of the Sites or a participant of the Texting Program.
Tous Les Jours’ Text Offers, Updates, and Notification
You may sign up to receive mobile offers and/or text updates or communications from Tous Les Jours under the Texting Program. By signing up, you agree that Tous Les Jours may send you SMS text messages in order to provide you with the promotional offers and/or updates. These messages can be recurring or one-time SMS text messages. Thereafter, you may opt out of or cancel to participate in the Texting Program at any time by texting “STOP”. After you send “STOP”, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code or number, as applicable, but you may receive text messages if you are subscribed to other text lists. If at any time you have questions about the text messages, text “HELP”. After you send “HELP” we will respond with instructions on how to use our service as well as how to unsubscribe. Message and data rates may apply.
To sign up or participate in the Texting Program, you must:
· Be 18 years of age or older (Or, if you are between the age of 13 and 18, you must use the Texting Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Texting Program is not targeted towards and is not intended for use by anyone under the age of 13.);
· Be the current subscriber to the mobile number you register with the Texting Program, or are otherwise authorized to opt-in to participation in such program; and
· Have a SMS text message enabled mobile device with a current text messaging plan.
By participating in a Texting Program and signing up for mobile offers and text updates, you expressly consent and agree to receive recurring automated service-related and promotional text messages, including updates, alerts, and information (e.g., status updates, account alerts, etc.) and promotions, specials, and other marketing offers from or on behalf of Tous Les Jours via SMS text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. To the extent marketing text messages result in discounts and discount codes, please see the Terms of Use and Privacy Notice.
You also acknowledge that your agreement to receive these text messages is not required as a condition of any purchase. Your participation in any of the Texting Programs is completely voluntary. You understand that your consent to the Texting Programs is tied to your mobile number, not to any Tous Les Jours account or you, individually. Accordingly, if you share a mobile number with someone else, the most recent opt preference for that mobile number will apply.
Standard message and data rates may apply from your wireless provider. All charges are billed by and payable to your wireless provider. Tous Les Jours does not charge you for sending or receiving text messages, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Check your mobile plan and contact your wireless provider for details. Message frequency varies.
Tous Les Jours reserves the right to remove subscribers from our messaging database at our discretion. In the event that you change or deactivate your mobile number, it is your responsibility to notify Tous Les Jours by updating your Tous Les Jour account or contacting Tous Les Jours customer support at info@tljus.com .
Not all carriers support the numbers/short codes we use for a Texting Program. Tous Les Jours, its service providers, and any carrier are not liable for any delays in the receipt of any text messages or undelivered text messages. Tous Les Jours is not responsible for Telephone Consumer Protection Act (TCPA) violations caused by a carrier network failure or malfunction.
These Texting Terms do not apply to order delivery notifications directly from the separate delivery service provider and/or the delivery drivers, including when using a third-party mobile application or delivery service. These Texting Terms also do not apply to any of our Franchisees’ separate text messaging programs, if any. If you are receiving text messages from an individual Tous Les Jours Franchisee, you will need to opt in and opt out from each program directly with such Franchisee(s). Each Franchisee is solely and independently responsible for its legal and regulatory compliance.
Tous Les Jours’ Mobile Application Order Status Notification
By enabling text updates for the status of the orders made through the Mobile Order Services, you consent to receive text messages for each order you place if you chose to receive text message updates for that particular order. You may opt-out or cancel to receive such text messages at any time by texting “STOP”. After you send “STOP”, we may send you an additional text message to confirm that you have been unsubscribed. You will no longer receive text messages from that short code or number, as applicable, but you may receive text messages if you are subscribed to other text lists. Message and data rates may apply. Your opt-out will apply to text messages for all future orders regardless of any text message choice you indicate for a particular order unless and until you reply START to receive text messages again.
Disputes
Any dispute or claim relating in any way to the Texting Program will be resolved by the dispute resolution terms in the Terms.
Your Privacy
Data obtained from you in connection with the Texting Program may include your mobile number, your carrier's name, the date, time and content of your text messages and other information you provide to us as part of this Texting Program. We may use this information to contact you and to provide the services you request from us. For more information on how we collect, use, and disclose information and our privacy practices, see our Privacy Notice. These Texting Terms are subject to change at any time without notice.
XXI. ADDITIONAL TERMS FOR TOUS LES JOURS GIFT CARDS
The Terms and the Additional Terms, together with any additional terms of the Tous Les Jours Gift Card (“Gift Card Terms”), govern your use of Gift Cards and is a binding legal agreement between you and Tous Les Jours, and describes the terms and conditions that apply to your Gift Card. In the event of any conflict between the Terms and these Gift Card Terms, the Terms will control. “You” refers to you as a holder/user of the Gift Card.
BY PURCHASING, ACCEPTING, OR OTHERWISE USING YOUR GIFT CARD, YOU ARE AGREEING TO BOUND BY THESE GIFT CARD TERMS. PLEASE READ THESE GIFT CARD TERMS CAREFULLY.
Notices; Changes to the Gift Card Terms
You agree that we may provide notices, disclosures and amendments to these Gift Card Terms, and other information relating to your Gift Card, by electronic means, including by posting such materials and information online at www.tljus.com.
Tous Les Jours reserves the right to change these Gift Card Terms from time to time in its sole discretion. Any changes to these Gift Card Terms will be provided to you by any reasonable means including, without limitation, by posting the revised version of these Gift Card Terms at www.tljus.com. YOUR CONTINUED PURCHASE, USE, OR ACCEPTANCE OF THE GIFT CARDS AFTER WE HAVE POSTED CHANGES TO THE GIFT CARD TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
Eligibility
Gift Cards are 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 use Gift Cards under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
Your Gift Card or Card Balance
At this time, you may only purchase or use your Gift Card physically on site at any one of our participating Bakery-Cafes in the United States. Gift Cards cannot be used on or through the Sites. Gift Cards do not have any expiration date and the value on your Gift Card will not expire. There are no fees for activation or inactivity. Unless otherwise required by law, the Gift Cards may not be redeemed for cash, are nonrefundable, and are not “rechargeable” (i.e., more value cannot be added onto the Gift Card). The value on your Gift Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
The balance on the Gift Card is not transferrable, and cannot be used to purchase other Gift Cards. You are responsible for all transactions on your Gift Card, including unauthorized transactions. The value of any lost, damaged, altered, or stolen Gift Cards will not be replaced. When you use your Gift Card at a participating Bakery Cafe, upon your request, a receipt that will indicate that the purchase was made using a Gift Card with the remaining balance of your Gift Card will be provided. We do not track nor will not send you statements of activity on your Gift Card.
Tous Les Jours reserves the right to refuse to honor a Gift Card where Tous Les Jours suspects that the Gift Card was obtained fraudulently, or if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful. Any balance suspected to be sourced or derived from fraud or other unlawful means, Tous Les Jours, in our sole discretion, may cancel all impacted Gift Cards without notice to you.
Your Card Issuer
The Gift Card is issued by Tous Les Jours. Tous Les Jours is the sole legal obligor to the Gift Card holder. Tous Les Jours’ Affiliates, Franchisees, and related entities bear no responsibility or liability for any Gift Card, and you hereby knowingly release Tous Les Jours’ Affiliates, Franchisees, and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Gift Card.
Promotional Programs
From time to time, we may in our sole discretion, run promotional programs associated with the Gift Card ("Gift Card Promotions"). Such Gift Card Promotions are subject to these Gift Card Terms, as well as additional terms as indicated in connection with the Gift Card Promotions. We reserve the right to modify the terms and conditions of any Gift Card Promotion at any time, including and up to terminating the Gift Card Promotion.
Disputes
Any dispute or claim relating in any way to Gift Cards or your Gift Card balance will be resolved by the dispute resolution terms in the Terms.
Miscellaneous Gift Card Details
These Gift Card Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Gift Card Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. We reserve the right to modify or terminate the Gift Card program. These rights are in addition to any other legal or equitable remedy that may be available to Tous Les Jours under applicable law. By purchasing, holding, and/or using the Gift Card, the Gift Card Terms and all of the terms and conditions of the Terms shall be applicable and binding.
XXII. CONTACT US
Except as otherwise provided in these Terms, any questions, complaints, or claims regarding the Sites should be directed to the Site’s contact form.
Effective Date: 12, 16, 2024
