These Terms of Use (the “Terms”) for the Kyuramen Card constitutes a binding agreement between You and Tbaar App LLC (collectively, Kyuramen). By purchasing, acquiring, or making use of the Kyuramen Card or any Kyuramen gift card, You consent to acceptance of these Terms and to be bound by them. If You do not agree to these Terms, You should discontinue using the Kyuramen Card or any Kyuramen gift card.
Please review these Terms carefully. These Terms contain provisions that limit Kyuramen’s liability to the User. Among others, the Terms contain an Arbitration provision that governs any potential disputes between You and Kyuramen. Unless You opt out of this Arbitration provision as described further below, this provision will: 1) waive your right to a trial by jury, and 2) substantially affect your rights, including preventing You from bringing, joining, or participating in class action or other consolidated proceedings.
These Terms incorporate by reference the Kyuramen Mobile Application Terms of Use. In the event of any conflict between these Terms and the Kyuramen Mobile Application Terms of Use, the Kyuramen Mobile Application Terms of Use control.
Please read the Kyuramen Privacy Policy within the Kyuramen Mobile Application (the “App”) carefully to understand how Kyuramen collects, uses, and discloses personally identifiable information from its users, including information provided by You. By downloading, installing, accessing and/or using the App, and/or purchasing, acquiring, or using the Kyuramen Card or any Kyuramen gift card, You consent to all actions that we take with respect to your data consistent with the Kyuramen Privacy Policy.
Anyone purchasing, acquiring, or using the Kyuramen Card or any Kyuramen gift card must be at least 13 years of age as these are not intended to be used by any person under the age of 13. If You are between the ages of 13 and 18, You may only purchase, acquire, or use the Kyuramen Card or any Kyuramen gift card under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
The Kyuramen Card and Kyuramen gift cards are intended for personal use only. Commercial use is strictly prohibited.
Not all Kyuramen stores may accept or permit use of the Kyuramen Card or Kyuramen gift cards. Please inquire with each Kyuramen store in order to determine whether that store accepts or permits such use.
Kyuramen issues the Kyuramen Card to You, which allows You to add a U.S. dollar amount to your Kyuramen Card account. You can use the monetary amount stored on your Kyuramen Card to purchase goods and services at participating Kyuramen stores. The dollar value on the Kyuramen Card is nonrefundable. It can only be redeemed for goods and services at participating Kyuramen stores, and cannot be redeemed for cash or cash equivalents. This stored monetary amount does not earn any interest, nor is it insured.
In order to begin using the Kyuramen Card, You must register an account using a physical zip code within the United States at the time You join. You may only have one (1) Kyuramen Card account that is associated with You.
If You change your physical zip code registered with your Kyuramen Card account to a zip code that is located outside the United States, your Kyuramen Card account may be deactivated and You will cease being able to access or use your Kyuramen Card, including the use of any dollar amounts that may be stored on that card. You may reinstate your account and resume using your Kyuramen Card once you re-register a valid zip code located within the United States.
You can add a dollar amount to your Kyuramen Card only through the Kyuramen Mobile Application (the “App”). You can do so using cash, or via credit or debit card purchase. All amounts are denominated in U.S. dollars, and Kyuramen accepts only U.S. dollars. You may not have more than $150 U.S.D. in value on your Kyuramen Card at any one time. This dollar amount limit may be changed by Kyuramen at any time without prior notice given to You.
Kyuramen allows You to purchase gift cards at participating Kyuramen stores using cash, credit, or debit card. You may only purchase gift cards through the App. You may choose a U.S. dollar value (within certain limits) and purchase that dollar value amount to add to a gift card. You can use this gift card for yourself, or send it to another person. The recipient of this gift card must have a valid e-mail, and the recipient will be sent an e-mail with instructions on how to access the gift card. The recipient must have a valid registered Kyuramen Card account in order to receive or access the gift card. The recipient of this gift card (whether You or another person) may add a dollar amount equal to or less than (but never more than) the amount loaded onto the gift card to their registered Kyuramen Card account.
If you have any questions or inquiries regarding the status of a gift card, please contact your local Kyuramen store or via Kyuramen contact information below.
Your Kyuramen Card account is personal to You and may not be sold, transferred, or assigned in any way. In addition, You are limited to only one Rewards Program account. You may not use this account for any commercial purchase.
Kyuramen does not charge any activation, service, or inactivity fee associated with your Kyuramen Card account. The monetary value on your Kyuramen Card account has no expiration date.
Without notice to You, Kyuramen may suspend or terminate any Kyuramen Card account registered to You if Kyuramen determines, in its sole discretion, that you have violated these Terms, the Kyuramen Mobile Application Terms, or that your use of your Kyuramen Card account is deceptive, fraudulent, unauthorized in any way, or unlawful. Kyuramen may, in its sole discretion, suspend, terminate, restrict access, or combine Kyuramen Card accounts that it determines to be duplicative or are registered and/or controlled by the same person. In the event of termination, Kyuramen may in its sole discretion, return any monetary amounts remaining on your Kyuramen Card account. Kyuramen will not return any monetary amounts if a Kyuramen Card account is cancelled due to unlawful activity by You.
Kyuramen reserves the right to change, modify, discontinue, or cancel its Kyuramen Card program at any time and it its sole discretion, and without notice to You.
Kyuramen will endeavor to correct the balance on your Kyuramen Card account if we discover and determine that a billing, accounting, or clerical error occurred. If You wish to notify us of any such error, please reach out to Kyuramen using the contact information at the end of these Terms. You agree that Kyuramen has no obligation to review or correct any error unless you provide notice of this error within thirty (30) days of the date of the transaction that you are seeking to correct.
You agree to defend, indemnify, and hold harmless Kyuramen and any of its parents, subsidiaries, affiliated companies, independent contractors, service providers, and consultants, along with their respective employees, contractors, agents, officers, and directors from any and all claims, lawsuits, damages, costs, fines, penalties, liabilities, and expenses (including attorneys’ fees) that arise from or relate to your use or misuse of the Kyuramen Card, any Kyuramen-issued gift card, violation of these Terms, violation of any rights of a third party, or your conduct in connection with using the Kyuramen Card. Kyuramen reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate in asserting any available defenses.
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. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is typically 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.
This provision is intended to be interpreted broadly to encompass any and all disputes or claims arising out of or relating to these Terms, your use of the Kyuramen Card, and your relationship with Kyuramen. Any dispute or claim arising out of or relating to these Terms, your use of the Kyuramen Mobile Application, your use of the Kyuramen Card, or your relationship with Kyuramen or any of its parents, subsidiaries, or affiliated companies 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.
You may opt out of this arbitration provision and instead choose to pursue your claim in court if you do so within thirty (30) days from the earliest of the date you register a Kyuramen Cards account (the “Opt-Out Deadline”) after these Terms have gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address, using the contact information set forth at the end of these Terms. Any opt-out received after the Opt-Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
For all disputes, whether pursued in court or arbitration, You must first send Kyuramen (using the contact information described at the end of these Terms) a written description of your claim in order to allow us an opportunity to resolve the dispute. You agree to negotiate your claim in good faith, and Kyuramen will do the same. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days of Kyuramen’s receipt of this written description.
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. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not 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 English. 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 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.
Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Kyuramen will reimburse you for the filing fee within thirty (30) days of receiving a written request from You. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
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 You opt out of the arbitration provision as described above, this class action waiver provision will not apply to You. Otherwise, neither You, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, You and we each waive any right to a jury trial.
These Terms, your use of the Kyuramen Card, and your use of Kyuramen gift cards are governed by the laws of the State of New York, without regard to New York’s conflict of laws rules. If the arbitration provision in these Terms is ever deemed unenforceable or void, the User irrevocably consents to the exclusive jurisdiction of the federal and state courts in the State of New York for purposes of any legal action arising out of or related to the use of the Kyuramen Card, Kyuramen gift cards, or these Terms.
Kyuramen reserves the right to modify, revise, or change these Terms at any time and at its sole discretion by posting any modifications, revisions, or changes on the Kyuramen Mobile Application (the “App”). Continued use of the App or access or using the Kyuramen Card or any Kyuramen gift card following any such modifications, revisions, or changes to the Terms will constitute acceptance by You of any and all such modifications, revisions, or changes. You agree that we may provide any modifications, revisions, or changes to these Terms by electronic means, including by posting these within the App.
Kyuramen reserves the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. Kyuramen reserves the right to change, modify, discontinue, or cancel its Kyuramen Card program at any time and it its sole discretion, and without notice to You. You agree that Kyuramen will not be liable for any modification, suspension, or discontinuance of the App or any part thereof, nor is Kyuramen liable for any modification, suspension, or discontinuance of the Kyuramen Card program or any part thereof.
If any provision of these Terms shall be deemed unlawful, unenforceable, or void, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may contact Kyuramen at the following:
119-12 29th Ave,
Flushing, NY 11354
(877) 648-2227