By proceeding, you consent to receive recurring automated promotional and personalized marketing SMS and/or MMS messages from Kung Fu Tea. These messages will exclusively originate from the numbers (646) 808-0560 and 48519 and will be directed to the mobile telephone number you provided during the sign-up process. Please note that your consent to receive these automated marketing text messages is voluntary and is not a prerequisite for making any purchase. Standard message and data rates may apply.

Message frequency will vary. Kung Fu Tea reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Kung Fu Tea also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Kung Fu Tea, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Kung Fu Tea Terms of Use and Kung Fu Tea Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our 10DLC Registered Number (646) 808-0560 or Shortcode nunber 48519 to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our 10DLC or shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Kung Fu Tea and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Kung Fu Tea through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to our shortcode to return customer care contact information.

Customer Care

If you are experiencing any problems, please email help@kfteausa.com with details about your problem or your request for support.

Contact

This message program is a service of Kung Fu Tea, located at 589 8th Ave 17th Fl, New York, New York 10018.

Dispute Resolution

1. General. In the interest of resolving disputes between you and Kung Fu Tea in the most expedient and cost effective manner, you and Kung Fu Tea agree that any dispute arising out of or in any way related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Kung Fu Tea or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Kung Fu Tea or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Kung Fu Tea ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Kung Fu Tea to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
3. Arbitrator. Any arbitration between you and Kung Fu Tea will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Kung Fu Tea. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. Notice; Process. If you or Kung Fu Tea intends to seek arbitration, the initiating party must send a written notice of the dispute to the other party via U.S. Mail (“Notice”). Kung Fu Tea’s designated address for Notice is: 589 8th Ave 17th Fl, New York, New York 10018, Attn: Chief Executive Officer. This Notice must: (i) provide a detailed description of the nature and basis of the claim or dispute; and (ii) specify the relief sought (“Demand”). Both parties are obligated to engage in good faith efforts to amicably resolve the claim. However, if no resolution is reached within 30 days of Notice receipt, either party may initiate arbitration. It is important to note that we do not intend to assume any financial responsibility for fees related to arbitration
5. No Class Actions. YOU AND Kung Fu Tea AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kung Fu Tea agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Kung Fu Tea makes any future change to this arbitration provision, other than a change to Kung Fu Tea address for Notice, you may reject the change by sending us written notice within 30 days of the change to Kung Fu Tea address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Kung Fu Tea.
7. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.