(Updated August 9, 2022)
COLLECTION OF INFORMATION.
Information You Provide Us.
We collect information you provide directly to us. For example, we collect information when you create an account, download our mobile app, place an order or make a purchase, fill out a form, participate in contests, promotions or surveys, apply for a job, inquire about becoming an authorized operator (including, but not limited to, a franchisee), contact us about potential real estate locations, host a charity fundraiser at one of our stores or request charity donations from us, engage with us via third party social media sites, request customer support or otherwise communicate with us. The types of information we may collect include: your name, email address, phone number, postal address, ZIP code, birth date, Cheba Hut account username and password, social media usernames; if you are applying for employment, your resume information, such as employment and education history; if you are inquiring about becoming our authorized operator, your net worth and restaurant operation experience; if you are requesting our participation in a fundraising event or seeking charity donations from us, name and address of the charity organization, event details and tax exempt ID; or any other information you choose to provide; and any other information you give us, such as to participate in a promotion, purchase a gift card, or to contact customer service.
Additionally, we, or our Internet service provider (“ISP”), may collect information about your use of our online resources, such as Internet protocol (“IP”) address, browser type, referring/exit pages, platform type, date/time stamp, and number and type of clicks.
When you use a Cheba Hut electronic resources using your mobile device, we may receive information about your location and your mobile device, including a unique identifier for your device. Most mobile devices allow you to turn off or otherwise manage the location information that the device monitors or shares. Please be sure to check your device’s location settings to be sure that those settings are as you want them to be.
Information We Collect Automatically When You Use the Services.
When you access or use our Services, we automatically collect certain information, including, but not limited to:
- Transaction Information: When you place an order or make a purchase, we collect information about the transaction, such as the items ordered, the transaction amount, and the date and location of the store of your order. We may also collect and store limited payment information from you, such as payment card type, expiration date, and the last four digits of your card number; however, we do not collect or store full payment card numbers and all transactions are processed by our third-party payment processors.
- Log Information: We collect log information about your access and use of our website, including but not limited to, your domain name, the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behavior.
- Location Information: We may collect information about the precise location of your device each time you access or use our website or one of our mobile applications or otherwise consent to the collection of this information. For more details, please see “Your Choices” below.
- CCTV Information: Closed circuit video surveillance cameras may be installed at some of our retail locations to monitor building security and assist in crime prevention, detection, and investigation, and to ensure the health and safety of our staff and visitors to our facilities.
Information Collected by Cookies and Other Tracking Technologies.
We and our service providers use various technologies, including cookies and web beacons, to collect information about you and our interaction with our Services, including information about your browsing and purchase behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience on these Services, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Information We Collect from Other Sources.
We may also receive account with your Cheba Hut account, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site.
Information We Collect About Others.
In some cases, we may also collect information you provide about others, such as when you refer someone to our Services (such as for certain promotions), or when you make a purchase for others or specify items for others in your party. We will use this information to fulfill your requests and will not send communications to your contacts unrelated to your requests unless they separately consent to receive communications from us. We do not intend for information about you from other sources and link or combine that with information we collect about you. For example, if you create or log into your account through a social media site or if you associate your social media our websites or online services to be used by anyone under the age of 13. If you are a parent or guardian and believe we may have collected information about your child, contact us immediately.
USE OF INFORMATION.
We may use information about you for various purposes, including, but not limited, to:
- Provide, maintain and improve our Services, including your in-store, online and mobile application ordering experience;
- Provide and deliver the products and services you request, process orders, transactions and send you related information, including confirmations and receipts;
- Send you technical notices, updates, security alerts and support and administrative messages;
- Investigate and prevent fraudulent transactions and other illegal activities;
- Respond to your comments, questions, requests and provide customer service; Communicate with you about products, services, offers, promotions, rewards, and events offered by Cheba Hut and others, and provide news and information we think will be of interest to you (for information about how to manage promotional communications, please see “Your Choices” below);
- Monitor and analyze trends, usage and activities in connection with our Services;
- Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
- Process and deliver contest and promotion entries and rewards;
- Link or combine with information we get from others to help understand your needs and provide you with better service;
- Assess and respond to employment, franchise/authorized operator, charity events or donations, or other applications; or
- Carry out any other purpose for which the information was collected.
Cheba Hut is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries, where you may not have the same rights as you do under local law.
SHARING OF INFORMATION.
- With our affiliates, subsidiaries and authorized operators to provide products and services you request and to support our business function and authorized operator network;
- With third-party vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Cheba Hut or others;
- In connection with, or during negotiations of, any merger, sale of company assets, listing of our securities with a securities exchange, financing, reorganization, or acquisition of all or a portion of our business by another company; and
- With your consent or at your direction.
We may also use and share aggregated or de-identified information, which cannot reasonably be used to identify you, with anyone for any purpose.
Social Sharing Features.
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Advertising and Analytics Services Provided by Others.
We use, and require that our service providers use, commercially reasonable physical, technical, and other safeguards designed to prevent unauthorized access to, use of, or alteration of, your information. While we use reasonable efforts to protect your information, no system or transmission of data over the Internet or any other public network is 100% secure.
You may update, correct or delete account information at any time by logging into your account. If you wish to deactivate your account, please send an email to [email protected], and include your name, account name (if different), contact information, and a request to deactivate your account. Please note, however, that we may retain certain information that you provide through our Services as required by law or for legitimate business purposes. We also may retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that, if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
When you first launch some of our mobile applications or visit one of the pages on our website that collect location information, you may be asked to consent to the collection of location information. If you initially consent to our collection of location information, you can later stop this collection by changing the settings on your mobile device or Internet browser. If you do so, certain features of our Services will no longer function. You can also stop our collection of location information by our mobile application(s) by following the standard uninstall process and removing the Cheba Hut application(s) from your mobile device.
You may opt out of receiving promotional communications from us by following the instructions in those communications or by editing the preferences of your account. If you opt out, we may still send you non-promotional communications, such as those about your account, your transactions or our ongoing business relations.
Mobile Push Notifications/Alerts.
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can elect to stop receiving these messages at any time by changing the notification settings on your mobile device.
Personal Information Request.
You can request the following information from us and we will provide it to you:
- The categories of personal information that we have collected about you;
- The categories of sources from which the personal information is collected;
- The business or commercial purpose for collecting your personal information;
- The categories of third parties with whom we share personal information; and
- The specific pieces of personal information that we have collected about you.
You have the right to request that we delete your personal information that we hold. We will comply with your request except to the extent that we need to keep it in order to do any of the following things.
- Complete a transaction for which we collected your personal information to provide a product or service that you requested or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you;
- Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for that activity;
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (see California Resident section below); or
- Comply with a legal obligation.
To request access to, or deletion of, your personal information, please submit a written request to [email protected].
LINKS TO THIRD PARTY WEBSITES
Our Website or emails may contain links to third party websites to which we have no affiliation. We do not share your personal information with those websites and are not responsible for the privacy policies of any other website or their management of your personal information. We suggest you read the privacy policies on those third-party websites.
ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS.
Under California Civil Code sections 1798.83-1798.84, any of our users who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared. If you are a California resident and would like to request a copy of this notice, please submit a written request to [email protected]. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty days for a response.
If you are a registered user of online services under the age of 18, and we have actual knowledge of your age, then under California law you may request and obtain removal of certain content or information you have posted on our online services. To do so, please contact us at the address, phone number or email address below. Please note that removal does not ensure complete or comprehensive removal of the content. For example, removal may not be possible or permitted if another provision of law requires the content to be maintained, if it was posted or reposted by others, or if we paid compensation to you in exchange for the posting
(Updated April 3, 2023)
Welcome to the website and/or mobile app (the “Website”) of Cheba Hut Franchising, Inc. (“Cheba
MAY BE REVISED BY CHEBA HUT FROM TIME TO TIME, AND IS A BINDING AGREEMENT
BETWEEN THE USER (“USER”) AND CHEBA HUT GOVERNING THE USE OF THE WEBSITES
(EACH, A “SITE” OR “WEBSITE”), MOBILE APPLICATIONS, THE MOBILE TEXT PROGRAM,
THIRD PARTY MESSAGING PLATFORMS, AND ONLINE SERVICES OR PROGRAMS
(COLLECTIVELY, THE “SERVICES”) OPERATED BY OR ON BEHALF OF CHEBA HUT AND
ON WHICH THESE TERMS APPEAR. Your use of the Services indicates your acceptance of these
terms. Do not use the Services if you do not agree to be bound by these Terms.
Cheba Hut strives to ensure that the information contained on the Services is accurate and reliable.
However, errors may sometimes occur. Therefore, to the fullest extent allowed by law, Cheba Hut makes
no representations about the reliability of the features of the Services, the Cheba Hut Content (defined
below), Submitted Content (defined below), or any other Service feature. You acknowledge that any
reliance on such information will be at your own risk. Cheba Hut is not responsible for the information,
data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by
users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Cheba Hut, and
Cheba Hut does not endorse, and has no control over, Submitted Content. Submitted Content is not
necessarily reviewed by Cheba Hut prior to posting and Cheba Hut makes no warranties, express or
implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Cheba
Hut makes no representations regarding the amount of time that any Cheba Hut Content or Submitted
Content will be preserved.
The Services are provided on an “as-is, as available” basis without any representation or warranty,
express or implied, of any kind. To the fullest extent allowed by law, Cheba Hut hereby disclaims all
warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability,
accuracy, non-infringement, and fitness for any particular purpose. Cheba Hut disclaims any and all
liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors,
licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services
and materials, programs, and features made available therein.
In no event shall Cheba Hut or any of Cheba Hut’s Providers be liable to any person for damages of any
kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential,
punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data)
resulting from your use or inability to use the Services, even if Cheba Hut has been advised of the
possibility of such damages. Because some states do not permit the exclusion or limitation of certain
damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHEBA HUT, ITS
AFFILIATES, ITS PROVIDERS, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS,
AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS
(INCLUDING REASONABLE ATTORNEYS’ FEES), AND EXPENSES THAT ARISE DIRECTLY
OR INDIRECTLY OUT OF OR FROM: (1) YOUR BREACH OF THESE TERMS; AND/OR (2)
YOUR ACTIVITIES IN CONNECTION WITH THE SERVICES AND/OR MATERIALS,
PROGRAMS, AND FEATURES MADE AVAILABLE THEREIN.
CHEBA HUT PROPERTY
The Services, Sites and its contents are intended solely for personal, non-commercial use. The text,
graphics, and html code contained on this Website and throughout the Services are the exclusive property
of Cheba Hut (“Cheba Hut Content”). Unless otherwise explicitly specified, all materials that are
included in or are otherwise contained on the Sites constitute the copyrights, patents, trademarks, trade
dress, and/or other intellectual property owned, controlled, or licensed by Cheba Hut or by third parties
who have licensed their materials to Cheba Hut and are protected by U.S. and international intellectual
property laws. The compilation (i.e., the collection, arrangement, and assembly) of all materials on the
Sites is the exclusive property of Cheba Hut or its licensors and is protected by U.S. and international
copyright laws. All rights not expressly granted herein are reserved by Cheba Hut. Cheba Hut Content is
protected from reproduction and simulation under national and international laws and, except where
otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any
means, without the prior express written consent of Cheba Hut.
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. Cheba Hut hereby grants you permission to use the Services as set forth in
these Terms, provided that: (i) your use of the Services as permitted is solely for your personal,
noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without
Cheba Hut’s prior written authorization; (iii) you will not alter or modify any part of the Services other
than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will
otherwise comply with these Terms.
In order to access some features of the Services, you will have to create an account. You may never use
another’s account without permission. When creating your account, you must provide accurate and
complete information. You are solely responsible for the activity that occurs on your account, and you
must keep your account password secure. Although Cheba Hut will not be liable for your losses caused
by any unauthorized use of your account, you may be liable for the losses of Cheba Hut or others due to
such unauthorized use.
COMMUNICATING WITH CHEBA HUT
The Services may give you the ability to contact Cheba Hut by electronic mail, for example, to sign up for
services such as e-mail notifications and newsletters about Cheba Hut’s products or to register for
Certain areas of the Services may enable you to submit remarks, ideas, images, photos, suggestions,
graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are
responsible for whatever material you submit, and you, not Cheba Hut, have full responsibility for the
message, including its legality, reliability, appropriateness, originality, and copyright. By posting,
displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you
understand and acknowledge that any materials, ideas, or other communications you transmit will not be
treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of
Cheba Hut and Cheba Hut is entitled to use the Submitted Content for any commercial or other purpose
whatsoever without compensation to you.
To purchase food products, merchandise, or other items through the Services, you must provide valid
payment card and billing information. Such information will be collected by Cheba Hut. Your
purchase items through the Services, prices will be made clear during the order process. In certain
instances, Cheba Hut may charge a user fee, subscription fee, or other fee. In such instances where a fee
may be charged, Cheba Hut will notify you of the fee prior to your incursion of charges. You agree to pay
the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have
your payment card billed for the total amount displayed at check out. By purchasing items through the
Services, you represent and warrant to Cheba Hut that you are capable of entering into a contract under
the applicable law.
The Services may link to sites not maintained by or related to Cheba Hut. Hypertext links are provided as
a service to users and are not necessarily sponsored by or affiliated with the Services or Cheba Hut.
Cheba Hut has not necessarily reviewed the sites hyperlinked to or from the Services and is not
responsible for the content of any other site. These links are to be accessed at your own risk. These linked
sites are not under our control and Cheba Hut explicitly disclaims any responsibility for the accuracy,
content, or availability of the information, products, and/or services found on or through such third-party
sites. Furthermore, Cheba Hut does not implicitly endorse third-party sites hyperlinked to or from this
you visit before using the site or providing any personal information about yourself.
TEXT MESSAGING NOTICE
If you choose to participate in any Cheba Hut promotion that may involve the use of text messaging
(either sending or receiving), Cheba Hut will not charge you for the text messaging; however, standard
text messaging rates will apply to each text message sent or received as provided in your wireless rate
MOBILE TEXT PROGRAM
The Cheba Hut mobile text program communicates with participants, including promotions,
announcements, and general notifications regarding Cheba Hut goods and services.
You must be 13 years of age or older to participate in the Cheba Hut mobile text program. If you are
between the ages of 13 and 18, you may only use the program under the supervision of a parent or legal
guardian who agrees to be bound by these Terms.
By participating in the Cheba Hut mobile text program and signing up for mobile offers and text updates,
you consent to receive future recurring automated marketing text messages to the mobile number
provided from or on behalf of Cheba Hut. You also acknowledge that your agreement to receive these
messages is not required as a condition of purchase.
Message and data rates may apply. All charges are billed by and payable to your mobile service provider.
Cheba Hut does not charge you for sending or receiving text messages to the short code. If you have any
questions about your text plan or data plan, contact your wireless provider.
When you opt-in to the Cheba Hut mobile text program, you will receive an SMS message to
confirm your signup. If you would like to be removed from the Cheba Hut mobile text program,
you must text STOP to the short code (U.S.) to opt-out. This is the exclusive method for opting out.
After texting STOP to the short code, you will receive one additional message confirming that your
request has been processed.
Cheba Hut reserves the right to remove subscribers from our messaging database at our discretion.
Cheba Hut will not be liable for any delays in the receipt of any SMS messages or undelivered messages.
Carriers are not liable for delayed or undelivered messages.
Data obtained from you in connection with this SMS service may include your cell phone number, your
carrier’s name, the date, time and content of your messages and other information you provide to us as
part of this service. We may use this information to contact you and to provide the services you request
These terms and conditions are subject to change at any time without notice.
TERMS AND CONDITIONS FOR GIFT CARD
Cheba Hut gift cards may only be used for making purchases at participating Cheba Hut restaurants in the
U.S. Gift cards have no value until purchased and activated. The value of a card will not be replaced if
the card is damaged, lost, or stolen. Purchases are deducted from gift card balance. Any unused balance
will remain associated with gift card for future use. If purchase exceeds gift card balance, the remaining
amount must be paid with another payment method. Gift cards cannot be used to purchase other gift
cards. Gift cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the
extent required by law. Gift Cards cannot be used for previously purchased goods or services. Gift cards
are not credit or debit cards. Cheba Hut reserves the right to void a gift card if we suspect that it was
obtained in a fraudulent, unauthorized or unlawful manner, or used or applied to purchases that are
the right to adjust gift card balances if we believe a clerical, billing, or accounting error occurred. Cheba
Hut gift cards do not expire. No fees apply to gift cards. You may check the balance of a gift card at a
participating Cheba Hut restaurant or on our Website When you purchase, receive or apply a Gift Card to
a purchase, you agree that the laws of the State of Colorado, without regard to principles of conflict of
laws, will govern any dispute that may arise between you and Cheba Hut related to your use of a gift card.
ONLINE AND MOBILE ORDERING
Cheba Hut may make available to you the ability to order through the Online Services from our
participating locations. These Terms apply only to orders placed through the Online Services. Minimum
order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with
your order will be identified when you place your order. There may be limits on the dollar values and
number of orders that may be placed through the Online Services. You are responsible for payment of
your order by means of a payment option made available through the Online Services at the time of
ordering. We use third party providers and may accept various third-party services to process payments.
We do not store your credit card information, but we do store a secure token generated by the third-party
payment provider for customer service purposes. The location identified when you place your order is
responsible for fulfilling your order and for any questions or other communications regarding your order.
Discounts, coupons and other offers may not be able to be combined with ordering through the Online
Services. Every participating location may not have all menu items identified through the Online
Services. The Online Services may allow you to customize your order. You may be able to, and in some
circumstances, you may be required to, use your Rewards, as defined below, account (or sign up for
Rewards) in connection with certain ordering through the Online Services, in which case the Rewards
terms will also apply.
ADDITIONAL TERMS AND CONDITIONS FOR REWARDS
conditions of any other agreement you may have with Cheba Hut or its affiliates for products, services or
otherwise. Cheba Hut reserves the right to change, modify and/or eliminate Rewards and/or these Terms
of Use or any policy, FAQ, or guideline pertaining to Rewards at any time and in its sole discretion. Any
changes or modifications will be effective immediately upon posting the revisions to the Website, and you
waive any right you may have to receive specific notice of such changes or modifications. Your
make sure you are aware of the most current terms and conditions that apply to Rewards. If you do not
Eligibility: In order to join Rewards, you must be an individual and at least 18 years of age. Corporations,
partnerships, limited liability companies, trusts, or other legal entities are not permitted to enroll. Each
Rewards member may have only one account linked to a unique email address or phone number.
Employees of Cheba Hut, and its parent and affiliate companies, suppliers as well as the immediate
family (spouse, parents, siblings and children) and household members of each such employee are not
eligible to participate in Rewards.
Rewards is an endeavor to reward and thank loyal customers for patronizing participating Cheba Hut
restaurants. Members of Rewards are able to accumulate points that can be redeemed for program
benefits, also known as “Rewards,” at participating Cheba Hut restaurants in the U.S. Points will be not
be rewarded for purchases paid for with Cheba Hut gift cards unless the purchased are made through the
Mobile App. Points will not be rewarded for purchases of Cheba Hut gift cards.
To enroll in Rewards and start accumulating points, please enroll as provided below.
1. Joining through the Mobile Application (“Mobile App”). Download the Mobile App from either
Google Play or the Apple Store and create an account by submitting your name, phone number,
2. Join through Facebook within the Mobile App. Download the Mobile App from either Google
Play or the Apple Store on your smart phone. Click the “Sign up with Facebook” option — if you
are not logged into Facebook through your smartphone, the App will prompt you to do so at that
time. By joining and using the program through Facebook, you hereby release Facebook from any
and all liability in connection with Rewards. You also acknowledge that the Mobile App and
Rewards are not sponsored, endorsed, or administered by, or associated with, Facebook. You are
providing information to Cheba Hut by joining the program, not to Facebook.
3. Join through the Cheba Hut Website. visit https://chebahut.com/rewards and click the “Join Now”
If any information you provide Cheba Hut is not accurate or complete, we may block you from enrolling
in the Rewards program, or we may cancel your account in the Rewards program. Each person may only
have one Rewards account. If Cheba Hut finds that you have created multiple Rewards accounts, we may
cancel any or all of your accounts. Further, we may refuse to allow you to re-enroll in the Rewards
Cheba Hut reserves the right to terminate any account and/or participation in the Rewards program, other
Cheba Hut programs, or the Services if it is determined the account has violated the following Terms of
Use. This includes but is not limited to excessive scanning of receipts and attempted scanning of
redeemed receipts. Cheba Hut may suspend, cancel, or combine accounts appearing to be duplicative and
may refuse to allow any re-enrollment in Rewards, any other program, or the Services.
Cheba Hut will use your contact information to keep in touch with you in the ways you select when you
enroll. If your contact information changes, or if you wish to change your contact information or the
method by which we send you messages (e.g. start having messages sent to your mobile phone number),
please log onto the Mobile App or the Cheba Hut website and update your contact information or
The benefits that are available to you through Rewards are based on the number of points that you earn.
You can accumulate points by providing your account number when making purchases at participating
Cheba Hut restaurants. You will receive 10 points for each dollar you spend on eligible purchases (as
calculated pre-sales tax).
If you accumulate at least 1000 points, a Reward in the amount of $4.20 will be automatically added to your
account (and the corresponding 1000 points will be automatically deducted from your shopping cart
account). The Rewards may be redeemed at any participating Cheba Hut restaurant. Any Reward that is
added to your account must be redeemed by the expiration date stated on the Reward.
There are no membership fees associated with Rewards. Points and Rewards accumulated under the
program are promotional and have no cash value.
Your points and Rewards, and your account under Rewards, are personal to you and may not be sold,
transferred or assigned to, or shared with family, friends or others.
Cheba Hut reserves the right to terminate and make ineligible for the Rewards program any account that
has been inactive for two consecutive years. Inactive is defined as no points earned.
Cheba Hut reserves the right to terminate, discontinue, modify or cancel the Rewards program at any time
and in its sole discretion without notice to you.
Cheba Hut assumes no liability for any computer, telephone, cable, network, satellite, electronic or
Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled
transmissions, or service provider / Internet / web site / use net accessibility or availability, traffic
congestion, or unauthorized human intervention.
By accepting Rewards, you agree to release and hold harmless Cheba Hut and its affiliates and their
respective licensees, affiliates, merchant partners, advertising and promotion agencies and their respective
directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or
damage of any kind to person, including death, and property, arising in whole or in part, directly or
indirectly, from acceptance, use or misuse of the Rewards. This program is void where prohibited by law.
VIOLATION OF THESE TERMS AND REMEDIES
You agree that Cheba Hut may, in its sole discretion and without prior notice, block and/or terminate your
access to the Services if Cheba Hut determines that you have violated these Terms or other agreements or
guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by
you of these Terms constitutes an unlawful and unfair business practice and will cause irreparable and
unquantifiable harm to Cheba Hut. You also agree that monetary damages would be inadequate for such
harm and consent to Cheba Hut’s obtaining any injunctive or equitable relief that Cheba Hut deems
necessary or appropriate. These remedies are in addition to any other remedies that Cheba Hut may have
at law or in equity.
If Cheba Hut takes legal action against you as a result of your violation of these Terms, Cheba Hut will be
entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action,
in addition to any other relief granted to Cheba Hut. You agree that Cheba Hut will not be liable to you or
to any third party for termination of your access to the Services, mobile app, programs, and/or services as
a result of any violation of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms are governed by United States law and are subject to all applicable federal, state, and local
laws and regulations. All issues and questions concerning the construction, validity, interpretation, and
enforceability of these Terms, or the rights and obligations of you or Cheba Hut in connection with your
use of the Services or your Submitted Content, shall be governed by, and construed in accordance with,
the laws of the State of Colorado, without giving effect to the conflict of laws rules thereof.
DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER
You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or
arising out of these Terms will be resolved in accordance with the provisions set forth in this Dispute
Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS
AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE
AGAINST EACH OTHER ARE RESOLVED.
You agree that whenever you have a disagreement with Cheba Hut arising out of, connected to, or in any
way related to these Terms, you will send a written notice to Cheba Hut (“Demand”). You agree that the
requirements of this Dispute Resolution section will apply even to disagreements that may have arisen
before you accepted these Terms. You must send the Demand to the following address (the “Notice
Address”): Legal Department, Cheba Hut Franchising, Inc. 406 N. College Avenue, Fort Collins,
Colorado 80524. You agree that you will not take any legal action, including filing a lawsuit or
demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the
Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on
taking legal action, you agree that you will file a demand for arbitration with the American Arbitration
Association (the “Arbitrator”). This arbitration provision limits the ability of you and Cheba Hut to
litigate claims in court and you and Cheba Hut each agree to waive your respective rights to a jury trial or
a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is
limited. However, an arbitrator can award on an individual basis the same damages and relief as a court
(including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court
would. You agree that you will not file any lawsuit against Cheba Hut in any state or federal court. You
agree that if you do sue in state or federal court, and Cheba Hut brings a successful motion to compel
arbitration, you must pay all fees and costs incurred by Cheba Hut in court, including reasonable
attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the
rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the
American Arbitration Association is unable to conduct the arbitration, you may file your case with any
national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes
Supplementary Procedure as modified by the agreement to arbitrate in this Dispute Resolution section.
You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with
Cheba Hut. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs
the interpretation and enforcement of the agreement to arbitrate.
If you initiate arbitration against us, you will not be responsible for professional fees for the arbitrator’s
services. If you are able to demonstrate that the costs of arbitration will be cost-prohibitive as compared to
the costs of litigation, Cheba Hut will pay as much of your filing and hearing fees in connection with the
arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being cost-
prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation
of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Pursuant to the
AAA Rules and Procedures, the arbitration shall proceed in a location determined by the arbitrator
(provided that such location is reasonably convenient for you), or at such other location as may be
mutually agreed upon by the parties.
This arbitration agreement does not preclude you from pursuing qualifying small claims in small claims
court. If your claims qualify for small claims court, you may still assert your claims in small claims court
so long as the matter remains in such court and advances only on an individual (non-class, non-
representative) basis. In addition, you and Cheba Hut both retain the right to apply to any court of
competent jurisdiction for provisional or injunctive relief, including for pre-arbitral attachments or
preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a
waiver of the right to have disputes submitted to arbitration as provided in these Terms.
You agree that you will not file a class action or collective action against Cheba Hut, and that you will not
participate in a class action or collective action against them. You agree that you will not join your claims
to those of any other person. Notwithstanding any other provision in these Terms, if this class action
waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered
into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a
court. Under no circumstances do you or Cheba Hut agree to class or collective procedures in arbitration
or the joinder of claims in arbitration. Cheba Hut agrees that we will submit all disputes with you to
arbitration before the Arbitrator.
All information you voluntarily submit to Cheba Hut or that is collected through your use of the Sites or
without prior notice. Your use of the Services following any such changes, modifications, amendments,
and/or updates, and/or, where applicable, your affirmative consent when prompted, constitutes your
access any Services, and at any time you are prompted to do so. If we make changes, we will notify you
additional notice, such as adding a statement to our homepage or sending you an email notification.
the Services and supersede all prior or contemporaneous communications and proposals whether
electronic, oral or written, between you and Cheba Hut with respect to the Services. Both you and Cheba
Hut acknowledge and agree that no partnership is formed and neither you nor Cheba Hut has the power or
the authority to obligate or bind the other.
The failure of Cheba Hut to exercise or enforce any right or provision of these Terms shall not constitute
a waiver of such right or provision. If any provision of these Terms is found by a court of competent
jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to
give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the
Terms shall remain in full force and effect.
The failure of Cheba Hut to comply with these Terms because of an act of God, war, fire, riot, terrorism,
earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the
reasonable control of Cheba Hut shall not be deemed a breach of this agreement. If Cheba Hut fails to act
with respect to your breach or anyone else’s breach on any occasion, Cheba Hut is not waiving its right to
act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or
affect this agreement.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Terms and shall not affect the validity and enforceability
of any remaining provisions.
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 Website and Services is: Cheba Hut Franchising, Inc., 406 N. College
Avenue, Fort Collins, Colorado 80524, (970) 420-3358.
To file a complaint regarding the Website or Services, or to receive further information regarding
use of the Website or Services, please direct your email to [email protected].