TooJay’s Delicious Rewards Terms And Conditions

This Delicious Rewards (the “App”) is offered by TooJay’s Management, LLC. These Terms and Conditions (“Terms and Conditions”) apply only to this App and the Rewards Program (as defined below) offered herein, and not to any other website, mobile app, product, service, or program offered by us.  These Terms of Use are a legal and binding agreement between you and TooJay’s Management, LLC governing your use of this App, which includes its content, information, services, and features.

Please read these Terms and Conditions, which apply to your use of this App and enrollment and participation in our Rewards Program.  If you do not agree to these terms, then do not use this App or participate in the Rewards Program.

Modifications

We may modify these Terms and Conditions from time to time. When we do, we will notify you by email or otherwise as required under applicable law.  It is therefore very important that you update your account information or notify us when your email address changes. Any changes to this Terms and Conditions will also be posted here.  Your continued use of the App or participation in the Rewards Program after any modification confirms your acceptance to the modifications.

Additionally, TooJay’s Management, LLC may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above.  Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.

Content & Use

This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the “Content“) are owned by or licensed to TooJay’s Management, LLC and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights.  Subject to your compliance with these Terms and Conditions, TooJay’s Management, LLC grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only.  You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content.

You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations.  TooJay’s Management, LLC may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.

Rewards Program

TooJay’s Management, LLC offers the Delicious Rewards Program (the “Rewards Program“) to reward and thank our loyal restaurant customers.  The Rewards Program is available to enrolled members at restaurants in Florida.  Rewards accumulated under the Rewards Program are promotional and have no cash value.  There are no membership fees associated with the Rewards Program.

Eligibility:  You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being who is not employed by TooJay’s Management, LLC.  No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program. No human being may enroll in the Rewards Program under a false identity or any identity other than such individual’s own identity.

The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13.  If you are between the ages of 13 and 18, you may only the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If we obtain actual knowledge that we have inadvertently collected personal information relating to a child under the age of thirteen, we will delete that information from our records.

Enrollment/Rewards Account:  You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:

Click here  to create a Rewards Account;

Visit the Toojay’s website located at www.toojays.com; or

Through your Facebook account using the App.

Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others.  You may have only one (1) Rewards Account.

As a part of the Rewards Program, TooJay’s Management, LLC will send you transactional, informational, and promotional messages and/or offers.  These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program.  If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.

Rewards:  You will earn and receive Points (as defined below) toward Rewards (as defined below) as follows:

Qualifying Purchases:  Members will earn and receive Points toward Rewards by making qualified purchases at participating TooJay’s restaurants and scanning the bar code on the receipt from your purchase with the built in scanner in the App or uploading a photo of your receipt within 21 days of your purchase. You will earn one point for every dollar spent. Minimum purchase is $1.00. Points will be rounded up when spending $.51 or more. A $12.78 purchase would earn 13 points and a $12.32 would earn 12 points. Points are not earned on the purchase of gift cards, sales tax, gratuity, any discount received, catering menu items or purchases made via a 3rd party delivery service. Recipients of gift cards can earn points on their purchase if they are members of the Delicious Rewards program.

To receive points for a qualified purchase, scan the bar code on the receipt with the built-in scanner in the App or enter the barcode number into your account. After visit verification, the points to which you are entitled will be applied to your Rewards Account. You can track your Points and Rewards you have already earned and that you may earn in the future by logging into your Rewards Account History.

Social Media Sharing & Referral Bonuses:  You can also receive an extra 30 Points for every Facebook friend you refer who joins our Rewards Program and who makes a purchase. Your extra points will not be awarded until the referred member enrolls in the Rewards Program and earns their first point.

You can also share your TooJay’s experience on your personal Facebook page through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the TooJay’s brand website, Facebook page, and/or other social media channels.

Rewards:  By accumulating 150 Points in your Rewards Account, you will earn a $10 “Reward“, which you may redeem at participating TooJay’s restaurants. The Reward will be valid for 1 year. Once you earn a Reward, you will start accumulating points towards another Reward. You will determine the amount of the reward that you want to use and any unused amount will return to your account. A Reward may not be combined with any other offer or coupon. You may use multiple dollar rewards in a visit if you have more than one available to use.

Additional Rewards Program Terms:  TooJay’s Management, LLC reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. TooJay’s Management, LLC may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. TooJay’s Management, LLC also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 12 months. Inactive is defined as no Rewards earned.

TooJay’s Management, LLC has the right at any time, with or without giving you prior notice, to:

  • end or cancel the Rewards Program and/or any specific Reward;
  • change any Reward or other Rewards Program benefit we offer;
  • change the requirements for earning a particular Reward;
  • change the time you have in which to earn a particular Reward; and/or
  • change any other feature of the Rewards Program.

If we end the Rewards Program, Rewards you have earned but not used will expire on the Reward Program end date. You may not redeem any Rewards or use any credits after the end date.

Login and Registration

Certain features or services offered on or through this App may require you to complete a registration process and/or setup an account or login.  In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete.  You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password.  You agree to notify TooJay’s Management, LLC immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by TooJay’s Management, LLC or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

You may not use anyone else’s account or login information.  TooJay’s Management, LLC shall not be liable for any loss or damage arising from your failure to comply with these obligations. You are entirely responsible for any actions you take using a fraudulent account or for fraudulently claiming purchases you did not make.

No Warranties

THIS APP, THE CONTENT, AND THE REWARDS PROGRAMS ARE  PROVIDED  ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND  TOOJAY’S MANAGEMENT, LLC HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  WITHOUT LIMITING THE FOREGOING, TOOJAY’S MANAGEMENT, LLC DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Limitations of Liability

IN NO EVENT SHALL TOOJAY’S MANAGEMENT, LLC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE REWARDS PROGRAM, OR THESE TERMS OF USE, WHETHER OR NOT TOOJAY’S MANAGEMENT, LLC MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  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.

Copyright Matters

We respect the intellectual property rights of others.  If you or any user of this App believes its copyright, trademark or other property rights have been infringed by any content posted on this App, you should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

(1)             A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’

(2)             Identification of the copyrighted work claimed to have been infringed;

(3)             Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

(4)             Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(5)             A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(6)             A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. The Designated Agent for claimed infringement shall be DMCAagent@toojays.com, or you may also write to us at the e-mail address provided below with Attention to: DMCA Agent. ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE.

Electronic Communications

When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

International Users

This App is controlled, operated, and administered by TooJay’s Management, LLC from offices within the United States of America. We make no representation regarding use of this App outside of the United States.  You may not use this App or export any portion of it in violation of U.S. export laws and regulations.  If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws. 

Governing Law/Venue

This App is governed by and subject to the laws of the State of Florida, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in Palm Beach County, Florida for any disputes arising out of these Terms and Conditions, the App, or the Rewards Program. Notwithstanding this provision, you agree that TooJay’s Management, LLC may apply for injunctive or other equitable relief in any court of competent jurisdiction.

Privacy

Please review our Privacy Policy located here (the “Privacy Policy”), which is incorporated herein and also governs your use of this App, to understand TooJay’s Management, LLC privacy practices.

General Provisions

All or any of TooJay’s Management, LLC rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of TooJay’s Management, LLC assets.  If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect.  TooJay’s Management, LLC failure to act with respect to a breach by you or others does not waive TooJay’s Management, LLC right to act with respect to that breach or subsequent or similar breaches.

Questions

If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can contact us at loyaltyfeedback@toojays.com.

Last Updated

Terms and Conditions last updated on August 15, 2018.

Copyright © 2018 TooJay’s Management, LLC.   All rights reserved.