Perks Terms of Use

Effective: September 1, 2020

These Perks Terms of Use (“Perks Terms”) form a part of the Tuango Terms of Use and apply specifically to your access to and participation in Perks (as defined below) made available through the Platform.  If you are a restaurant partner, these Perks Terms form a part of the restaurant agreement between you and Tuango. Perks include Promotions and Loyalty Programs (each, as defined further below) (collectively, “Perks”).  Capitalized terms in these Perks Terms will have the meaning set forth in the Tuango Terms of Use and/or the restaurant agreement. By (i) registering for an Account (as set forth in the Terms of Use), (ii) agreeing to our Terms of Use, or (iii) participating in any Perks, you agree to the terms and conditions herein.  If you do not agree with these Perks Terms of Use, you may not participate in the Perks program and/or use any Perks on the Platform. 

Each Perk is made available to you by Tuango on behalf of its Restaurants (as defined in the Tuango Terms of Use), and, as used in these Perks Terms, includes other third party partners offering Perks on the Platform.  In some cases, the terms of a Perk may be established by the Restaurant and may differ from the terms described below. Such additional or different terms and conditions that govern a Restaurant’s Perks will be made available to you in a description of the Perk on the Platform (collectively, the “Restaurant Terms”) and shall apply to your participation in that specific Perk. In the event of a direct conflict between these Perks Terms and any Restaurant Terms, the applicable Restaurant Terms shall govern solely with respect to such Restaurant’s specific Perk.  If you do not agree to those separate Restaurant Terms, you may not participate in the Perk to which those Restaurant Terms apply. Further, you agree that all information collected, generated or otherwise used in connection with Perks will be subject to the Tuango Privacy Policy.

Tuango reserves the right to change or modify these Perks Terms, in whole or in part, at any time and in its sole discretion subject to applicable law. Any changes or modifications will be effective immediately upon posting the revisions to www.tuangoeats.com, and you waive any right you may have to receive specific notice of such changes or modifications. The Restaurant will separately make available its updated Restaurant Terms accessible on the Platform.  Your continued access to or participation in any Perk following any such changes or modifications confirms your acceptance of these Perks Terms, the applicable Restaurant Terms and such changes or modifications thereto; therefore, you should review these Perks Terms and the applicable Restaurant Terms frequently to understand the terms and conditions that apply to your access to and participation in any Perks. If you do not agree to these Perks Terms or to the applicable Restaurant Terms, you must stop accessing and participating in any Perks. 


About Perks

There are two types of Perks, Promotions and Loyalty Programs (each as defined below).

  1. Promotions

Promotions include any type of discount, coupon, or other incentive (“Promotions”) offered by Tuango or a Restaurant and made available through the Platform, including, without limitation, a free item with purchase, a certain percentage off a first-time order at a specific restaurant, a certain amount off an order during a designated window of time, or a buy one, get one free offer.  Promotions are typically limited to one-time use. Tuango may display Promotions anywhere on the Platform, including on menu pages. Tuango will, in its sole discretion, select the available Promotions to display to you. Promotions may also be restricted to select Tuango properties (e.g. tuangoeats.com, the respective brand iOS or Android Mobile Applications), features, and brands.

Unless otherwise specified, promotions are offered solely in connection with orders placed at participating Restaurant locations through Tuango and may not be available in-store or at all Restaurant locations on the Platform. Promotions may (i) apply automatically at checkout, (ii) require you to select the Restaurant Promotion on the Restaurant menu page, or any other part of the Platform, as determined by Tuango, (iii) require you to enter a promotional code in order to redeem the Promotion, (iv) require you to add qualifying menu item(s) to cart, or (v) as otherwise communicated to you on the Platform. 

  1. Loyalty Programs

Loyalty Programs include any type of loyalty program offered by Tuango and made available through the Platform where eligible customers can earn points, credits or other forms of rewards (collectively, “Rewards”) for taking certain actions on the Platform, in-store, or on other websites or mobile applications. Loyalty Programs include, for example, “spend $X, earn $Y”; “visit X times, earn Y”; “buy # items, get the nth free”, and tier or status-level programs.  Tuango may display Loyalty Programs anywhere on the Platforms, including on menu pages.  

Earning Rewards through these Loyalty Programs may be based on a number of factors including, without limitation, volume and type of purchases on tuangoeats.com, number of visits and frequency of visits to tuangoeats.com, interaction with other co-promotions with our Restaurant partners, or special offers to progress toward your next Reward via a special promotion. 

Generally, by completing a qualifying order on the Platform or with the Brand App (as defined below), you will be automatically enrolled in the applicable Loyalty Program to begin earning the Rewards.  There are certain Restaurant partners, however, that may require additional registration or impose other requirements before you may participate and/or gain full access to all the Rewards in the Loyalty Program. For more information, please refer to the applicable Restaurant Terms. The Platform will automatically redeem any Rewards accrued at the time of order completion unless stated otherwise.


Eligibility and Qualifying Purchases

You are required to have an Account on our Platform to participate in any of the Promotions or Loyalty Programs, except in some limited circumstances as may be noted on the Platform (e.g. on our in-store kiosks).  All Account requirements included in the Tuango Terms of Use apply here.  You must also qualify based on any other Perks limitations related to intended audience (e.g. first-time buyer discounts).

You can qualify for a Promotion or earn Rewards by making qualifying purchases.  Subject to restrictions or limitations in the Perks Terms (if any), qualifying purchases include placing and completing an order through either (i) the Platform where a Perk is displayed, or through (ii) a mobile application powered by Tuango (“Brand App”).  Unless otherwise specified, tax, tip, and any fees, including but not limited to service fees and delivery fees, do not count toward Rewards accrual.  

Additional Terms

Unless otherwise specified in the description of the specific Perk on the Platform or in the applicable Perk Terms, the following terms and conditions apply with respect to any Perk offered by Tuango:

  1.  Availability

Perks are offered solely in connection with purchases made through the Platform and may not be available in all locations or to all users.  PLEASE NOTE, ONLY THOSE PERKS DISPLAYED ON THE PLATFORM WILL APPLY. PROMOTIONS OR REWARDS THAT OUR RESTAURANT PARTNERS ADVERTISE OR OFFER VIA OTHER CHANNELS MAY NOT BE AVAILABLE ON THE PLATFORM AT ALL OR AT ANY GIVEN TIME.  

  1.  Redemption

Unless otherwise stated, Promotions and Rewards may not be applied toward tax, tip or other fees, including but not limited to handling fees and delivery fees (except in cases where such Promotions or Rewards are related directly to the fees, such as a free delivery offer). Unless otherwise stated, Promotions and Rewards applied to a purchase will be reflected at checkout and will either be deducted from (i) the food and beverage subtotal charged, before tax, tip and fees, as part of the authorized charge to the payment instrument(s) associated with your Account or (ii) if the Promotions or Rewards are related directly to the fees (e.g. free delivery), simply deducted from the fee.  In some cases, the value of Promotions and Rewards may be excluded from delivery or order minimum requirements.

Earned Rewards are applied towards your next qualifying order and will not be redeemed on the order that earned the Reward. Any unredeemed portion of a Reward will be applied to your Account, subject to the terms of the Loyalty Program.  In some cases, you may not be able to combine a Reward or Promotion with any other Rewards, Promotions, or other discounts. Some Rewards and Promotions have expiration dates. If a Reward or Promotion has an expiration date, the expiration date will be displayed to the user on the Platform and can be found, for example, on the applicable menu pages.  Expired Rewards and Promotions have no value. You cannot use any Rewards or Promotions on past purchases. Further, Tuango does not issue or award retroactive Rewards or Promotions for any reason (e.g. if you forget to login to your Account when ordering or failing to take an action to begin earning Rewards).


Free Items, Gift Cards, or Merchandise

Promotions and Rewards that involve physical items, such as gift cards or merchandise (“Items”), are subject to availability at the participating locations. For Perks fulfilled by Restaurant, the Restaurant is solely responsible for providing the Item(s), and Tuango makes no guarantees with regard to the fulfillment of Item(s).  Items such as gift cards or merchandise may be taxable, depending on the value of the item and the federal, state and local tax laws applicable to you. You are solely responsible for reporting such Items on your tax returns and paying any associated tax liability, all in accordance with applicable law.


Tier or Status Levels

Please refer to applicable Perks Terms for additional terms and conditions with regard to loyalty tier or status levels. 


Additional Restrictions on Use

Perks do not extend to corporate Accounts and cannot be used on individual corporate Account orders, catering orders, concierge orders, or scheduled group orders unless stated otherwise. Subject to any applicable Perks Terms, Promotions and Rewards may be prorated for any returns, cancellations and refunds.  

Promotions and Rewards earned on an Account may only be redeemed by the owner of the applicable Account and are not transferable to another Account. Promotions and Rewards from separate Accounts cannot be combined. Promotions and Rewards earned or redeemed are not transferable, cannot be duplicated, cannot be exchanged or redeemed for cash, and cannot be made available to the general public, unless expressly permitted by Tuango.  

Additional limitations (e.g. participating locations, first-time order only, specific time of day restrictions, while supplies last, etc.) may apply for each Perk.  


OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

The number, type, terms and frequency of Perks available at any time may depend on marketing or advertising decisions made by Tuango or our Restaurant partners. Restaurant partners who establish their own Perks are responsible for fulfilling all Promotions and Rewards; complying with these Perks Terms; and complying with all applicable laws.  Where Restaurants are also supplying and/or determining the Restaurant Terms, the Restaurants will be solely responsible for adherence to such separate terms and any liability that may result from the failure to adhere to such terms.  

Tuango reserves the right to determine the order in which Rewards and Promotions are applied to transactions and their priority to other promotional codes, gift cards, or other payment credits that are associated with your Account.  We cannot guarantee that the Rewards, Promotions or other credits with the earliest expiration dates will be given priority in all transactions and you agree to monitor your Account regularly to verify the status of your Rewards, Promotions and other credits.

Tuango has no obligation to redeem a Promotion or Reward nor offer any Perks that do not appear on the Platform, including if such promotions are unavailable due to error or technical failure. 

Notwithstanding anything to the contrary and subject to applicable law, Tuango reserves the right to cancel, suspend and/or modify any aspect of or the entirety of any Perk, for any reason at any time, with or without notice, including, without limitation, if any fraud or technical failure impairs the integrity or proper functioning of the Perk. 

Tuango reserves the right, in its sole discretion, (i) to suspend or terminate your Account and/or participation in any Perk, (ii) refuse to honor a Promotion or Reward redemption, and/or (iii) withhold or deduct credits or other value obtained, with or without notice, if a Restaurant requests such suspension or termination or if Tuango, in its sole judgment, determines that you have violated these Perks Terms, engaged in any fraud or abuse relating to the accrual or redemption of Promotions or Rewards, or otherwise acted in a manner inconsistent with the Perk’s intent. Such action may result in the forfeiture of all unredeemed Promotions, Rewards and/or the opportunity to earn and/or redeem additional Promotions or Rewards in the future as well as suspension or termination of your Account as further described in the “Termination and Violations of the Agreement” section of the Tuango Terms of Use.

Tuango has no obligation to refund you for any unredeemed Promotions or Rewards or any associated benefits following cancellation, suspension or modification of any Perks or of your Tuango Account.