• If the loyalty and reward Program is activated, it is the property of Restaurant and is available to customers in collaboration with all participating Restaurants.
• Chups may, at its sole discretion, suspend or terminate the Program without prior notice.
• In case of interruption or termination of the Program for any reason whatsoever, Chups will not liable to its members and will be automatically released from all claims by members in the event of the Program’s interruption, termination, loss or exchange of points or other issues arising from the Program’s interruption or termination.
• Chups can change the Program’s rules, benefits, conditions of participation or the points required to get rewards, in whole or in part, at any time and without notice, even if such changes may affect the value of accumulated points.
• Chups may withdraw, limit, modify or cancel any award. By the same token, it can also increase, regulate or modify the number of points required to earn a reward.
• The Program is open to all residents of United States of America aged 13 and older. A corporation, company or other legal entity cannot become a member.
• Only one person per account can be included in the Program under his or her legal name.
• Chups disclaims all liability that may arise from an error or omission regarding the accuracy of the information contained herein.
• Any abuse and fraudulent activity in connection with the Program, including but not limited to, the failure of policies and Program procedures, sale or barter of awards, and a misrepresentation of the facts relating thereto or other conduct deemed inappropriate, as determined by the sole judgment of Chups, any inappropriate behavior or harassment of the staff of Chups and its participating Restaurants, or refusal to obey its staff’s instruction may result in cancellation of the member's account, disqualification from the Program, and the cancellation of its points. Chups reserves the right to terminate membership, withdraw or cancel the card, cancel the accumulated visits, initiate legal action, and collect taxable damages and legal fees.
• Chups reserves the right to interpret and implement policies and procedures that are in these rules. Chups decisions are final and binding in all cases.
• Members of the Program are entitled to know the information kept on file and to correct any erroneous information. To access their file, the member must visit the profile page on Chups website or accessible via the Program’s mobile app. The member is solely responsible for maintaining valid personal information. Chups cannot be held responsible for any error or omission related to bad information in the member's profile.
• Information on the rewards available for each member (discount points and market value of the points) can be found partly in Chups member profile page on its website or in the Program’s mobile app. It is possible that a reward be given to a member without the latter being informed beforehand.
• Members who cannot provide a valid email address and valid phone number cannot participate in the Program, since this field is required to complete the profile. However, the member may, at his or her sole discretion, accept or refuse to receive promotional communications from Chups and its affiliates. To make that choice, the member must change his or her communication preferences in member profile page available online or via the mobile app. The member understands that if he or she refuses to receive communications from the Program, he or she is may be excluded from certain privileges or rewards related to the Program.
• Upon the demise/death of a Program member, the member's account will be closed, and visits accumulated in this account will be canceled as long as the customer service of Restaurant is informed via the customer service form made available. If an account remains inactive, that is to say that there is no transaction over a period of 14 consecutive months, it will be automatically deactivated, and the points and rewards will be reset to zero. It will be impossible for the member to recover the value of points or rewards following the deactivation of the account.
• By joining the Program, you allow Chups collect and use your personal information to maintain your profile and provide you the commercial information or information in connection with the Program. From time to time, the information provided to Chups and the Program administrator can be used to present information, products, services, and relevant offers from Chups and its associated partners. If you prefer that we do not use your personal information, please contact Chups customer service.
• On occasion, Chups may collect additional personal information of Program members. Should a Program member refuse to provide additional information, his or her status will not be affected.

Program membership:

17. To join the Program, a customer must become a member of the Program. To do so, the customer must complete the required fields of the profile, which is accessible online on Chups website or by downloading the Program’s mobile app. The customer must also accept the Program’s terms and conditions by checking the box provided for this purpose.

18. The electronic acceptance of Program’s terms and conditions, or the first use of the membership card constitutes acceptance by the member of the terms and conditions that govern the Program.

• A single virtual membership card will be issued by the holder. Each holder has a unique membership card number. A holder cannot share his or her account information with anyone and should not disclose personal information or password to anyone.
• Membership is non-transferable.
• No retroactive credit will be issued for purchases made before joining the Program is fully completed.
• Employees of Chups and its participating locations are eligible for the Program. However, the benefits offered in the Program may not be eligible with the benefits of employees based on their employment status.
• If ever a "contest" type of promotion under the rules established by the Board of Alcohol, Races and Games (RACJ) is offered within the Program, no employees, affiliated agencies or persons residing at same address can be declared winner.
• In the event of loss or suspected fraud, members of the Program shall immediately notify Chups in writing by sending an email via the contact form available on Chups website. Following receipt of the information, Chups will deactivate the membership card and emit a new one, which will be sent by email and directly accessible in the mobile app within a maximum of 5 business days. The points balance or accumulated unredeemed rewards will remain unchanged. Chups reserves the right to cancel all points accumulated in an account for which its suspects they were fraudulently accumulated.

Earning and redeeming points:

• Any reward is subject to an expiry date. Also, if a member does not accumulate or exchange points, or carry out any transaction in his or her account count for 14 consecutive months, the account will be considered inactive and will not be reactivated. The virtual membership card will not be able to be used anymore and the balance will be reset.
• Members must allow up to 48 hours before rewards, including points, are credited to their Program accounts following a transaction. In the case of an online order on Chups site or via the Program’s mobile app, the period begins when the order is delivered and officially considered closed in the cash register system of the branch to which the transaction has been assigned.
• Each reward has specific conditions of use and validity. To get the details of the terms and conditions of use of a reward, members should refer to legal information accompanying each message regarding each reward.
• In all cases, a reward is never transferable to another member. It is non-refundable, and cannot be redeemed for cash or another reward (equivalent in nature or not).
• Base points are available only on eligible items including but not limited to Chups’ brand items sold at participating Restaurants only, with the exception of gift cards available at Chups. The list of eligible items may be changed without notice by Chups.
• To redeem points against purchases, the member must have accumulated a minimum required points (may vary from offer to offer). If a member has accumulated more than the required points, he or she can choose to apply the entire or partial amount on a transaction, up to a maximum of $ 100 per day, rounded to the nearest 0.01. The maximum amount is calculated for each calendar day starting at 00:01 a.m. And ending at 11:59 p.m. The amounts of a payment made by points apply on the total transaction after applying eligible discounts, taxes and delivery costs, but before expenses related to an online transaction.
• Members can earn points and rewards on a maximum of 2 transactions per day. If the member performs more 2 transactions per day, points will be issued on the first two transactions. No points will be issued on subsequent transactions, regardless of the value of transactions.
• With Program, members can get bonus type of rewards points or receive a multiplier type of reward points that will have the effect of multiplying base points offered on every dollar of eligible purchases.
• Members may also receive other types of rewards that offer discounts on items, on groups of items or on the subtotal of the invoice based on purchasing behavior. Members understand and accept therefore that the rewards offered within the Program may vary from one member to another as to number of rewards and their value.
• Strictly speaking, the membership card is not a method of payment or the equivalent of a credit card. It serves only to allow members to access their accounts, including their rewards and accumulated points that can be applied on purchases.
• Following the exchange of points or the use of a reward, the member of the Program releases the franchisor of any liability or claim with respect to the exchange and use of the reward or any loss or damage caused by the products or services offered as rewards
• To accumulate points when making purchases, members must present their virtual membership cards before completing the payment at the cash register or log into their accounts in the event that an online order was placed on Chups website.
• If a transaction is canceled, customers must present the virtual membership card to reverse the allocation of points to their accounts. In the case of payment by points or the use of a reward, members must contact Chups customer service via the contact form available on Chups website for the repayment of the transaction.
• In no instance can members claim points on an already completed and/or paid transaction if they forgot for whatever reason to present their virtual membership cards or to log into their accounts to place an online order. This is not a valid reason to request a reversal of a transaction.
• Customers can view their profiles and balances anytime online by visiting Chups’ website.
• Payment with points does not prevent customers from accumulating points (base points, bonus points and multiplier offers) on eligible products during a transaction.
• Chups shall not accept any responsibility for the points redeemed by anyone without the consent of the member if he or she has not previously reported the loss or theft of the virtual membership card to Chups customer service. The member will assume full responsibility for any transactions made before Chups receives a notice.
• Chups encourage to resolve any dispute, initially by internal mediation.

APPLICABLE LAWS

Unless otherwise described, the Application is available only to provide information about Restaurant. If you use this Application from other places as United States of America, you are responsible for compliance with applicable local laws. Some software in this Application are subject to export controls imposed by United States of America and/or the United States. This software may not be allowed to be downloaded or otherwise exported or re-exported into (or to a citizen or resident of) any country that is subject to an embargo by United States of America or the United States. If you download or if you use the Application, you indicate and warrant that you are not located in one of these countries, you are not under the jurisdiction of one these countries, and that you are not a citizen of one of these countries, and that your name does not appear on any of these lists. The United Nations Convention on the International Sale of Goods shall not apply. Use of this Site, these Terms and use of the Application is governed by the laws of the State of California and the laws of United States of America and, with regards the conflicts from these Terms and Conditions.

DISCLAIMER

THE APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHUPS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE APPLICATION AND ALL MATERIALS THEREIN ARE PROVIDED "AS IS," "ON THE BASIS OF THEIR AVAILABILITY" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN FORCE. CHUPS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CHUPS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR NOT TO OTHER HARMFUL COMPONENTS. CHUPS NO WARRANTY, AND MAKES NO REPRESENTATIONS ABOUT THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN RELATION TO ITS ACCURACY, PRECISION, RELIABILITY, OR OTHER CRITERIA. CHUPS DISCLAIMS ANY LIABILITY DUE TO THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATION. YOU (AND NOT CHUPS) ASSUME THE ENTIRE COST OF NECESSARY SERVICING OR REPAIRS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION AND ALL RELATED SITES. YOUR ONLY RECOURSE AGAINST CHUPS IN THE EVENT YOU ARE DISSATIFIED WITH THE APPLICATION OR ANY CONTENT IS TO STOP USING THE APPLICATION AND ANY CONTENT.
This limitation of recourse is part of negotiations between parties.

Chups disclaims any liability whatsoever, and for any consequences or damage resulting, directly or indirectly, in relation to allergens and/or raw materials used by Chups in the manufacturing of products sold. We ensure that each Restaurants uses quality products, but it is your responsibility to report any allergy and or intolerance directly to Chups. Also, regarding fish-based products, we take care to remove the fish bones (where applicable), but some may remain.

RESTRICTIONS OF LIABILITY

CHUPS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY OR DEATH CAUSED BY ANY USE OR INABILITY TO USE THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY TRANSMISSION, COMPUTER VIRUS OR FAILURE OF TRANSMISSION LINE. CHUPS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY OR DEATH, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL OR CONSEQUENTIAL DUE TO THE USE OR INABILITY TO USE, THE APPLICATION, EVEN IF THERE IS NEGLIGENCE ON THE PART OF CHUPS AND ITS AFFILIATES OR CHUPS OR AUTHORIZED REPRESENTATIVE OF CHUPS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR IF BOTH SITUATIONS HAVE OCCURRED. THE ABOVE LIMITATIONS, EXCLUSIONS AND LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW. CHUPS’S TOTAL LIABILITY TO YOU FOR ANY LOSS, DAMAGE AND INTENTIONS OF ACTION (WHETHER IN CONTRACT, TRANSACTION (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL BE THE LESSER OF (I) THE AMOUNT YOU PAID TO USE THE APPLICATION (IN NO EVENT THE TOTAL LIABILITY OF CHUPS SHALL EXCEED $100.), OR (II) IF APPLICATION WAS FREE, THE LUMP SUM OF $100 USD (IN NO EVENT THE TOTAL LIABILITY OF CHUPS SHALL EXCEED $100.). THE LEGAL RIGHTS OF CHUPS TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS ARE RESERVED.

EXTERNAL LINKS AND THIRD-PARTY SERVICES

The Application can lead to websites, downloadable material, content, social media or other digital services (collectively "Third-Party Services") or allow you to use them. These Third Party Services may have separate terms and conditions or policies on the protection of personal information that you should read and understand before using them. The Restaurant is not responsible for the content of such downloadable material or external sites, has no control over them, does not approve the services of these third parties and is not professionally or personally tied to these Third-Party Services. You understand and agree that Chups cannot guarantee and does not warrant that files or software of any kind, or from any source whatsoever, that are available for download via the Application are free from computer viruses, Trojan horses, code, defects, logic bombs or any other destructive measures that may be transmitted to our Application or its intermediary.

USER SUBMISSIONS AND UNSOLLICITED IDEAS

User submissions: Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, pictures, questions, complaints or other information published or communicated to Chups by the Application (collectively "Submissions"). You understand that by sending all Submissions to Chups through the Application, you grant Chups perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sub-contract to others, modify, translate, prepare derivative works of, display advertising and publicly publish submissions, including using them for any commercial or other purpose without your approval or compensation, or approval or compensation from any other person. Chups will not be required to treat any Submission as confidential.

Unsolicited ideas: Chups has a policy not to accept unsolicited ideas. While we appreciate that you took the time to think of Chups, we are not able to consider new ideas from outside Chups system. You expressly waive any claim against Chups and against any member of Chups system pertaining to the evaluation, use or development by Chups of any product, design, concept or other similar material to your Submission, now or in the future. Chups and its affiliates, franchisees, agents, representatives and agents, and their directors, officers and employees are collectively referred to as "Members of Chups System."

TERMINATION

Chups may terminate, at its sole discretion, these Terms at any time, for any reason and without giving you prior notice by putting the Application out of service. You may terminate these Terms at any time for any reason without giving prior notice to Chups by uninstalling the application from your device or by ceasing to use the application on Chups website.

EVENTS BEYOND OUR CONTROL

NEITHER CHUPS NOR ANY MEMBER OF CHUPS SYSTEM HAS THE RESPONSIBILITY OF FAILURE TO FULFILL ANY OBLIGATION HEREUNDER BY REASON OF ANY EVENT OUT OF REASONABLE CONTROL REGARDING CHUPS OR IN CONNECTION WITH IT.

If such an event occurs, the obligations of Chups under these Terms will be suspended for the duration of the event; Chups may, but is not obliged to, implement all reasonable efforts to find a solution that its obligations hereunder may be exercised despite the event.

ENTIRE AGREEMENT

These Terms, including all additions and all updates, constitute the entire Agreement between the parties regarding the use of the Application.

CHANGES

Chups may revise these Terms at any time and in its sole discretion by changing these Terms in the Application. The changes will be effective immediately when we publish a revised version of these Terms. You are responsible for checking these Terms periodically to ensure that you agree with these changes. By continuing to access the Application or use after such changes have been made to the Terms, constitutes your acceptance of the changes.

TRADEMARK INFORMATION AND COPYRIGHT

Chups intellectual property: The trademarks, logos, icons and illustrations of the products used in the Application include the registered trademarks, unregistered trademarks and copyrights of Chups and its affiliates. They may not be reproduced or used as hyperlinks without the express written consent beforehand from Chups. The content, website design and Application, including text, images and documents, are protected by copyright laws. No reproduction or redistribution of the website and/or the Application, in whole or in part, are permitted without the prior express written consent of Chups. All other trademarks used in the application are the property of their respective owners.

SEVARABILITY

Each of the Terms hereunder is divisible and operates separately. If one of them is unlawful, void or unenforceable, the other Terms will retain their full effect. If Chups does not insist that you fulfill any obligation hereunder or if Chups fails to defend its rights against you, or delays in doing so, it will not mean that Chups has waived its rights against you and that you are not required to comply with these obligations. Chups may transfer its rights and obligations under these Terms to another company or entity, but it will not affect your rights and our obligations under these terms. You can only transfer your rights or obligations regarding these Terms to another person only if Chups provides express written consent.

SUPPORT SERVICES

If you have questions or comments about the application, please contact Chups.

Apple Applications Only

These Terms incorporate and complement the Terms and Conditions of Apple Inc. (“Apple")
(Available at http://www.apple.com/legal/itunes/us/terms.html#service), Including, without limitation, end-user Terms of Application granted under license (“Apple Terms"). If the Application that you access and use is an Apple app:

It is only possible to access the Apple Application and use it on a device that belongs to you or you control and using the Apple iPhone OS. You acknowledge and agree that Apple has no obligation to provide support or maintenance for the Apple Application. If you have any maintenance issues or need support on the Apple Application, please contact the Restaurant, not Apple, using the information above for support services. Even if these Terms are between you and Chups (not Apple), Apple, as a third party beneficiary under these Terms, shall have the right to enforce these Terms against you based in Apple’s terms. Except where expressly stated in these Terms, all requests for the possession or use of the Apple Application are between you and Chups (not between you, someone else, and Apple). Regarding any request by a third party that your possession or use (under these Terms) of the Apple Application infringes any intellectual property, Apple will not be liable to you regarding this request. You declare and warrant that: you are not located or planning to be located in a country subject to an embargo by the US government or that has been designated by the US government as a "terrorist supporting" country. You declare and warrant that you are not on one of the lists of prohibited or restricted entities of the US government. If the Apple Application you purchased does not meet the guarantees applicable there, you can inform Apple, which will refund the purchase price of the Apple app subject to Apple’s Terms and Conditions in effect. Subject to the above provisions, and within the limits permitted by law, Apple does not offer and does not accept warranty, condition or other term with regard to the Apple Application and will not be responsible for demands, losses, costs or expenses of any nature whatsoever in connection with the Apple Application or as a result of your use or the use of anyone of the Apple Application or any of its contents.

All rights reserved to Chups.