These Terms of Use (the “Terms”) for the Kyuramen Rewards Program (the “Rewards Program”) constitutes a binding agreement between You and Tbaar App LLC (collectively, Kyuramen). By participating or accessing the Rewards Program, You consent to acceptance of these Terms and to be bound by them. If You do not agree to these Terms, You should not participate or access the Rewards Program.
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 accessing or participating in the Rewards Program, You consent to all actions that we take with respect to your data consistent with the Kyuramen Privacy Policy.
Anyone participating in the Rewards Program must be at least 13 years of age as this Rewards Program is 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 participate or access the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
The Rewards Program is intended for personal use only. Commercial use is strictly prohibited.
Not all Kyuramen stores may participate in the Rewards Program. Please inquire with each Kyuramen store in order to determine whether that store participates in the Rewards Program.
In order to join the Rewards Program, you must register using a physical address within the United States at the time You join. You do so by downloading and installing the Kyuramen Mobile Application on your mobile electronic device. You should follow the installation and setup prompts to create a Rewards Program account. The registration process may require you to provide the following information: user login, user password, physical address, phone number, and email. You may only have one (1) Rewards Program account that is associated with You.
If You change your physical address registered with your Rewards Program account to an address that is located outside the United States, your Rewards Program account may be deactivated and you will cease earning rewards on your account. You may reinstate and resume earning rewards once you re-register an address within the United States.
Once You have registered to participate in the Rewards Program, You may begin accruing rewards based on the value of your purchases. You will earn four (4) points for each one U.S. dollar you spend at a participating Kyuramen store with a purchase using your registered Rewards Program account.
From time to time, there may be additional methods by which You may earn points which You can use in the Rewards Program. These may be include earning points through promotional materials, special offers, partnership programs, birthday rewards, and others.
You may not earn Rewards Program points through taxes, tips, donations, or any other fees. Such fees include, but are not limited to, shipping, delivery, handling, packaging, and baggage.
Generally, rewards points are added to your Rewards Program account within twenty-four (24) hours after You have earned them, delays notwithstanding. If you void a Kyuramen purchase or return any merchandise, Kyuramen will deduct the equivalent points value from your Rewards Program account that would otherwise have been earned from such voided or cancelled purchases. This may potentially result in a negative points balance on your Rewards Program account.
Purchases made with store credit, or with a Kyuramen gift card or the like, are not eligible to accrue Kyuramen Rewards Program points. If You make any purchase where a discount or other promotional offer is applied, You will receive Rewards Program points only for the actual dollar amount you pay at the time of purchase.
Purchases made as a result of theft, deceipt, or fraud are ineligible to earn Rewards Program points.
You are eligible to redeem your Rewards Program points at participating Kyuramen stores in the United States. In order to do so, you must inform a Kyuramen employee that you wish to redeem your points as well as the amount you wish to redeem or the equivalent dollar or merchandise value. You may only redeem an amount of points equal to or greater than the current amount of points you have on your Rewards Program account at the time of redemption. You may not have a negative balance on your Rewards Program account as a result of redeeming your points.
When You accrue at least two hundred (500) points on your Rewards Program account, you may redeem 500 points for one ramen at a participating Kyuramen store. These points will be deducted from your account once they are redeemed.
Points accrued on your Rewards Program account expire one hundred eighty (180) days after the date in which those points were earned. The oldest accrued points will be used first for redemption.
Points accrued in connection with the Rewards Program are promotional, have no cash value, and cannot be redeemed for cash. Your redemption of Rewards Program points cannot be combined with any other offers or discounts that are applicable to the Rewards Program for which you are redeeming, unless expressly indicated by Kyuramen.
Your Rewards Program points and associated registered account are 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.
Without notice to You, Kyuramen may suspend or terminate any Rewards Program 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 Rewards Program account is deceptive, fraudulent, unauthorized in any way, or unlawful. Kyuramen may, in its sole discretion, suspend, terminate, restrict access, or combine Rewards Program accounts that it determines to be duplicative or are registered and/or controlled by the same person. Kyuramen may, in its sole discretion, terminate any Rewards Program account that has been inactive for one (1) year, where inactivity is defined by any account that has not accrued a single point during that one-year period. In any event in which your Rewards Program account is terminated, all accrued points are void.
Kyuramen reserves the right to change, modify, discontinue, or cancel its Rewards Program at any time and it its sole discretion, and without notice to You.
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 Rewards Program, violation of these Terms, violation of any rights of a third party, or your conduct in connection with using or participating in the Rewards Program. 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 or participation in the Rewards Program, 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 Rewards Program, 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 made a purchase that is eligible to accrue Rewards Program points (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 and use of the App 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 App 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 App. Continued use of the App or participating in the Rewards Program 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 Rewards 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 Rewards 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