Terms Of Use – Havana Savannah

HAVANA SAVANNAH REWARDS PROGRAM – TERMS OF USE

Updated: August, 2021

PLEASE READ OUR TERMS OF USE CAREFULLY. BY PARTICIPATING IN THE HAVANA SAVANNAH REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE HAVANA SAVANNAH REWARDS PROGRAM.

Our Terms of Use of the Havana Savannah Rewards Program include an arbitration provision that governs all disputes between you and us. This provision will eliminate your right to a trial by jury; and substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Havana Savannah Rewards Program by electronic means, including posting such information and materials online at https://havanasavannah.com/

Additional Terms
Changes To Terms
Personal Use
About Havana Savannah Rewards
Joining The Rewards Program
Earning Hearts
Returns
Heart Expiration
Redeeming Hearts for Rewards
Additional Benefits
Other Important Information You Should Know
Arbitration
Governing Law
Severability

ADDITIONAL TERMS

Our Terms of Use apply to accessing and participating in the Havana Savannah Rewards program (“Havana Savannah Rewards“), which is operated by Havana Savannah or its respective subsidiaries, licensees and affiliated companies (collectively, “Havana Savannah“). Our Terms of Use of the Havana Savannah Rewards Program do not alter in any way the terms or conditions of any other agreement you may have with Havana Savannah for other products or services.

CHANGES TO TERMS

We reserve the right to change or modify our Terms of Use or any policy, FAQ, or guideline pertaining to Havana Savannah Rewards, in whole or in part, at any time and at our sole discretion. Any changes or modifications will be effective immediately and will be posted to www.havanasavannah.com for your reference. You waive any right you may have to receive specific notice of changes or modifications. Your continued access to, or participation in, the Rewards Program confirms your acceptance of all/any changes and/or modifications that we make. If you do not agree to our Terms of Use, you must stop accessing and participating in the Havana Savannah Rewards Program.

PERSONAL USE

Havana Savannah Rewards are intended for personal use only; Commercial use is prohibited. Havana Savannah Rewards 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 access and participate in the Rewards Program only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Our Privacy Statement is incorporated into these Terms of Use and also governs your participation in Havana Savannah Rewards. Please read the Privacy Statement carefully to understand how we collect, use and disclose information about customers; how to update or change your personal information; and how we communicate with you.

ABOUT HAVANA SAVANNAH REWARDS

Havana Savannah Rewards are one way in which we reward and thank our loyal customers for patronizing our business and purchasing our products. Havana Savannah Rewards members are able to earn and accumulate “HEARTS” that can be redeemed for Havana Savannah Rewards benefits (“Rewards“) at participating Havana Savannah stores.

JOINING THE HAVANA SAVANNAH REWARDS PROGRAM

To join the Havana Savannah Rewards Program, go to https://order.havanasavannah.com/ or to the Havana Savannah mobile app (“App”) and follow the prompts to create an account. You will be required to provide the following information:

First and last name, email address and password.
Birthday (month, day) is optional to receive birthday offers. If you do not provide birthday information you will not receive your Birthday Reward.

When you join the Rewards Program, we’ll automatically provide you with a Havana Savannah Digital Wallet account. You can add funds to your digital Havana Savannah Wallet either online (https://order.havanasavannah.com/) or through the App, or in-person at any Havana Savannah store.

EARNING HEARTS

The Rewards that are available to you through the Havana Savannah Rewards Program are based on the number of HEARTS that you earn. You can earn HEARTS by making purchases at Havana Savannah as follows:

Paying for your purchase with Linked Payment Method(s). You can link a credit card, debit card or selected payment service (Apple Pay, G-Pay, PayPal) to the wallet in your account, and use it to pay for your order through the App.(remotely or scan in the store) or via the web https://order.havanasavannah.com/. When you pay with a linked payment method, you will earn 2 (two) Hearts for every $1 (one) U.S. Dollar you spend.
Paying with an unlinked card or cash at the register (not via web or the app using the balance in your wallet) you will earn 1 (one) Hearts for every $1 (one) U.S. Dollar you spend

Note that Hearts may be earned in fractional amounts depending on the value of your purchase.

RETURNS

For information about how Havana Savannah handles returns, please read our Return Policy. Your Heart balance may be impacted by returns as follows:

If you void a purchase, Havana Savannah will deduct the Hearts that you earned for that purchase, potentially resulting in a negative Heart balance on your account.
If you return products, coffee, food or tea that you purchased with a Havana Savannah Card (note: an original receipt or gift receipt is required), your funds will be returned to you as an in-store “Credit” (“Havana Savannah In-Store “Credit”), but we will not deduct any Hearts from your account. A Havana Savannah In-Store “Credit” may be used for any purchase, but the purchase will not accrue Hearts and cannot be registered or reloaded for additional value.
If you return products purchased with a credit and/or debit card, mobile wallet or cash (note: an original receipt or gift receipt is required), we may deduct the Hearts earned in connection with your purchase, potentially resulting in a negative Heart balance. You may be required to provide the physical credit card, debit card, or mobile wallet in order for us to process the refund.

HEART EXPIRATION

Unless otherwise noted, Hearts are automatically added to your account within twenty-four (24) hours of your eligible purchase and expire one year after the calendar month in which such Hearts were earned. For example, if you earn Hearts on April 5, 2020, they will expire on April 1, 2021. The oldest accrued Hearts will be used first for redemptions. You can view and track your Heart balance and available Rewards, as well as any additional benefits for which you are eligible as a Rewards member, at https://order.havanasavannah.com/ or by using the App.

REDEEMING HEARTS FOR REWARDS

Hearts may be redeemed for complimentary Havana Savannah beverages, food and merchandise. Havana Savannah Rewards offer different Rewards based on different point redemption tiers. The Heart redemption tiers are as follows:

25 HEARTS may be redeemed for one (1) of the following beverage modifiers: an added espresso shot, added syrup or sauce (such as caramel syrup), or a dairy alternative option (such as soy milk, almondmilk, or coconut milk), valued up to $1 (one) U.S. Dollar. The beverage modifiers in this tier are only available as a customization to your base beverage order and cannot be redeemed as a standalone beverage.
50 HEARTS may be redeemed for one (1) of the following items: TornadoBrew coffee or hot tea OR a bakery item (such as a pastry or cookie).
150 HEARTS may be redeemed for one (1) of the following items: any handcrafted specialty beverage (such as a latte or blended delight) OR any hot breakfast item (such as a breakfast sandwich)
200 HEARTS may be redeemed for Paninis, Pretzel w/Cheese, Tater tots and more.
400 HEARTS may be redeemed for select merchandise items

ADDITIONAL BENEFITS OF HAVANA SAVANNAH REWARDS PROGRAM

As a Havana Savannah Rewards member, you may be eligible for the following additional benefits.

7% MATCH ON FUNDS ADDED TO YOUR WALLET. Each time you use the Havana Savannah APP or online at : https://order.havanasavannah.com/ to make a deposit of $10.00 or more to your Wallet, we will automatically add an additional 7% of the amount deposited to your Wallet balance. For example, deposit $20.00 to your Havana Savannah Wallet, we’ll add 7% ($1.40) to that amount and deposit a total of $21.40 into your Wallet.
Birthday Reward. On your birthday (as indicated in your Havana Savannah Rewards account), you will receive one (1) complimentary handcrafted grande beverage (“Birthday Reward“). To qualify for your Birthday Reward, you must join the Havana Savannah Rewards Program at least seven (7) days prior to your birthday, provide your birthday in your account information, and make at least one Heart-earning transaction prior to your birthday each year. Your Birthday Reward will be automatically added to your account on your birthday and is valid for the entire month of your Birthday. You must access the reward in the App or scan at the register in order to redeem your Birthday Reward. You can check to see if your Birthday Reward is available by accessing your account on https://order.havanasavannah.com/ or in the App.
Personalized offers and coupons. Special offers may be distributed by email, text or through the App (including via push notifications), or by physical mail. You may be required to opt-in and activate special offers via the App, text or via email. In order to receive and activate personalized special offers distributed via text or email, you must opt-in to receive promotional and marketing offers from us and you may be required to provide a valid email, mobile phone and physical address. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus Hearts. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.

Havana Savannah reserves the right to change or suspend the number and type of benefits offered to members of the Havana Savannah Rewards Program in its sole discretion at any time.

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

There are no membership or participation fees associated with the Havana Savannah Rewards Program. Hearts accrued in connection with Havana Savannah Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Hearts accrued in connection with Havana Savannah Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by us.

Your Hearts, Rewards, and your Havana Savannah Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Havana Savannah Rewards account that is personal to you.

Without notice to you, Havana Savannah reserves the right to suspend and/or terminate your account and/or your participation in the Havana Savannah Rewards Program if we determine, in our sole discretion, that you have violated these Terms of Use or that the use of your Havana Savannah Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. We may, at our sole discretion, suspend, cancel or combine Havana Savannah Rewards accounts that appear to be duplicative. In the event that your participation in the Havana Savannah Rewards Program is terminated, all accrued Hearts in your account are void.

Without notice to you, Havana Savannah reserves the right to “unregister” and make ineligible for Havana Savannah Rewards an account that has been inactive for two (2) consecutive years. Inactivity is defined as no Hearts earned during such two (2) consecutive year periods. In the event that your account is unregistered or rendered inactive, all accrued Hearts in your account are void.

Havana Savannah reserves the right to change, modify, discontinue or cancel Havana Savannah Rewards or any part of the Havana Savannah Rewards Program, at any time at our sole discretion, without notice to you.

ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Havana Savannah Rewards. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Havana Savannah Rewards, or your relationship with Havana Savannah or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department using the appropriate link at https://havanasavannah.com to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA“), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

GOVERNING LAW

Any dispute arising from these Terms of Use or your access to or participation in Havana Savannah Rewards will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in California.

SEVERABILITY

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider is Havana Savannah LLC, Suite 500, 16830 Ventura Blvd, Encino, CA 91436. To file a complaint or to receive further information, send a letter to the above address or contact Havana Savannah via e-mail (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.