Effective Date: January 23, 2024
Welcome to the Kung Fu Tea App, Online Ordering, and Loyalty Program. By accessing or using the Kung Fu Tea App (iOS & Android), Online Ordering (via mobile app or web), and participating in the Kung Fu Tea Loyalty Program (collectively referred to as the “Services”), you agree to comply with and be bound by the following terms and conditions (“Terms of Use”). Please read these Terms of Use carefully. If you do not agree with these terms, you must not use the Services.
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as any other applicable laws and regulations.
The Services are intended for use by individuals who are at least 13 years old. By using the Services, you represent and warrant that you meet this age requirement.
To use certain features of the Services, you may be required to register for an account. You agree to:
As a member of the Kung Fu Tea Loyalty Program, you can earn reward points (“Points”) for eligible purchases and participate in various promotions. Membership is free and subject to the following conditions:
Members are strictly prohibited from engaging in ‘Reward Point/Bubble Misappropriation,’ which includes but is not limited to:
Violation of this policy may result in:
You agree not to use the Services to:
You retain ownership of the content you post on the Services. By submitting content, you grant Kung Fu Tea a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content in connection with the Services.
All content and materials available through the Services, including but not limited to text, graphics, logos, and images, are the property of Kung Fu Tea and are protected by intellectual property laws. You agree not to copy, modify, distribute, or sell any content from the Services without our prior written consent.
The Services may include links to third-party websites or services that are not owned or controlled by Kung Fu Tea. We are not responsible for the content, policies, or practices of any third-party websites or services.
Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. When you agree to these Terms (and any applicable Additional Terms) you acknowledge that you have reviewed or been provided the opportunity to review our Privacy Policy.
In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. You are responsible for maintaining the confidentiality of your account information, including, without limitation, your username and password and payment method information. You should not use the same username and password for your Kung Fu Tea account as you use for other accounts. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.
We reserve the right to terminate or suspend your account and access to the Services at our sole discretion, without prior notice or liability, for any reason, including but not limited to your breach of these Terms of Use.
The Services are provided on an “as-is” and “as-available” basis. We make no warranties, express or implied, regarding the Services, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, Kung Fu Tea shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the Services; and (iv) unauthorized access, use, or alteration of your transmissions or content.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.
We reserve the right to modify these Terms of Use at any time. Any changes will be effective immediately upon posting the revised terms on our website or app. Your continued use of the Services after the posting of changes constitutes your acceptance of such changes.
By placing an order through the Kung Fu Tea App or website, you agree to provide accurate and complete information. Orders are subject to acceptance by Kung Fu Tea, and we reserve the right to cancel or refuse any order at any time.
All prices are listed in US dollars and are subject to applicable taxes. You agree to pay for all items ordered and any associated delivery fees. Payment must be made at the time of ordering through the payment methods provided in the App or on the website.
Delivery times are estimated and not guaranteed. Kung Fu Tea is not responsible for any delays in delivery due to unforeseen circumstances. You agree to provide a safe and accurate delivery address. Once the delivery is made, you assume responsibility for the items.
Orders may be canceled within a specific time frame, as indicated in the App or on the website. Refunds are subject to our discretion and will be processed according to our refund policy.
We employ industry-standard security measures to protect your personal information and ensure the integrity of our Services. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
Unauthorized access to any part of the Services, including but not limited to attempting to hack, disrupt, or interfere with the Services, is strictly prohibited and illegal. Such activities may result in criminal and civil penalties. We reserve the right to report any unauthorized access or hacking attempts to law enforcement authorities and pursue legal action.
You agree to indemnify, defend, and hold harmless Kung Fu Tea, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Services.
Any disputes arising out of or relating to these Terms of Use or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the State of [Insert State], and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
These Terms of Use, together with the Privacy Policy and any other legal notices published by Kung Fu Tea on the Services, constitute the entire agreement between you and Kung Fu Tea concerning the Services.
If you have any questions about these Terms of Use, please contact us at:
– https://www.kungfutea.com/contactus
By using the Services, you agree to abide by these Terms of Use. Thank you for being a valued member of the Kung Fu Tea community.