CAVA GIFT CARD TERMS
BY PURCHASING, ACCEPTING OR USING A CAVA GIFT CARD, YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT PURCHASE, USE OR ACCEPT A CAVA GIFT CARD IF YOU DO NOT AGREE WITH THESE TERMS.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF INDIVIDUAL FINAL AND BINDING ARBITRATION TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND CAVA ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN A CLASS ACTION OF ANY KIND.
IF YOU ARE A PURCHASER, YOU AGREE TO PROVIDE THESE TERMS TO ANY USER.
1. General Terms
The Gift Card is a prepaid card that has no monetary value unless activated; does not expire and is valid until redeemed; does not have activation, inactivity, or service fees; is not redeemable for cash, returnable, or eligible for a refund, except as required by law; and is not a debit or credit card. The value of the Gift Card will not be replaced if it is lost, stolen, altered, or destroyed. Use of the Gift Card constitutes acceptance of these Terms. We may put limits on the amount of Gift Cards that can be purchased or the value that can be loaded on Gift Cards from time to time.
2. Purchasing a Gift Card
You can purchase a Gift Card at https://cava.myguestaccount.com/guest/egift or such other link that may be provided only at https://cava.com/. By purchasing an eGift Card, you authorize CAVA to charge your credit card, debit card or other electronic payment method at the time of purchase, regardless of the selected delivery date. You must provide an accurate and valid email address for the eGift Card. We are not responsible for an eGift Card that is undeliverable or not received due to an incorrect or invalid email address.
3. Using the Gift Card
CAVA Gift Cards can be redeemed for use at CAVA Mezze Grill and CAVA Table stores only. It is not redeemable at CAVA Mezze full-service locations. CAVA Gift Cards cannot be used on third party websites or food delivery apps. Each transaction made using the Gift Card is debited against the Gift Card balance. If the transaction exceeds the Gift Card balance, the user must pay the difference between the transaction amount and balance. The Gift Card becomes inactive once the card value is depleted. Gift Cards may not be resold by any unauthorized vendor. CAVA will not honor Gift Cards that are purchased from an unauthorized vendor, including through any Internet auction sites. CAVA reserves the right in its sole discretion to suspend, refund, void, or cancel any Gift Card if it has a good faith reason to believe that such Gift Card was obtained by fraudulent or other illegal or inappropriate means. CAVA reserves the right in its sole discretion to prohibit any person from obtaining or using a Gift Card.
4. Lost or Compromised Gift Cards
CAVA is not responsible for any Gift Card that is lost, stolen, damaged, destroyed or otherwise compromised.
5. No Cashback Except as Required by Law
Gift Cards cannot be redeemed for cash, except as required by law. For simplicity, as shall be automatically updated from time to time without amendment or notice, to the extent required by law, cashback shall be provided when an applicable Gift Card balance is (a) less than $1 in Rhode Island and Vermont, (b) less than $2.50 in Texas, (c) less than $3.00 in Connecticut, (d) $5.00 or less in Colorado, Massachusetts, and New York, (e) less than $5.00 in Hawaii, Montana, New Jersey, Oregon, Washington, and Maine, and (f) less than $10.00 in California.
We reserve the right to update these Terms at any time. You agree that we may provide notices, disclosures and amendments to these Terms and other information relating to your Gift Card by electronic means, including posting such materials at https://cava.com/giftcard-terms. Please review these Terms periodically for any material changes.
7. RELEASE, DISCLAIMER AND LIMITATION OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
OUR PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAVA MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THOSE ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE, THAT THE REWARDS PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED OR ALWAYS ACCESSIBLE, THAT ANY INFORMATION YOU SUBMIT, INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION, WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CAVA OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CAVA SHALL NOT BE LIABLE FOR UNAUTHORIZED USE, ALTERATION, THEFT OR DESTRUCTION OF A REWARDS CREDIT DUE TO ACCIDENT, MISUSE OR FRAUDULENT MEANS BY YOU OR A THIRD PARTY OR AS A RESULT OF CIRCUMSTANCES BEYOND OUR CONTROL.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CAVA OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE. IN THE EVENT OF ANY PROBLEM WITH THE PROGRAM, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PROGRAM. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE LAST CREDIT BALANCE HELD ON YOUR GIFT CARD OR OTHERWISE THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS
8. DISPUTE RESOLUTION, GOVERNING LAW, AND ARBITRATION. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
In the event there are any issues, these Terms will be governed by and interpreted in accordance with the laws of the State of Delaware without regard to any conflict of laws principles. BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT YOU WILL RESOLVE ANY DISPUTES WITH CAVA THROUGH BINDING AND FINAL ARBITRATION (INSTEAD OF THROUGH COURT PROCEEDINGS) AS FURTHER SET FORTH BELOW. AS PART OF YOUR EXPRESSED ACCEPTANCE OF THESE TERMS, PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. YOU AGREE THAT, AS PART OF THE FOREGOING, ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE PROHIBITED.
YOU AGREE TO FIRST TRY TO RESOLVE ANY DISPUTE OR CLAIM IN CONNECTION TO THESE TERMS OR THE PROGRAM INFORMALLY BY CONTACTING US IN WRITING AT [email protected]. IF THE DISPUTE OR CLAIM IS NOT RESOLVED WITHIN 60 DAYS OF SUBMISSION, YOU AGREE THAT YOU OR CAVA MAY INITIATE ARBITRATION.
IN THE EVENT OF ANY DISPUTE CONCERNING THE PROGRAM OR ITS APPLICABLE TERMS (INCLUDING ISSUES RELATING TO THE EFFECTIVENESS OF THIS ARBITRATION PROVISION), FOLLOWING INFORMAL DISPUTE RESOLUTION, THE PARTIES UNCONDITIONALLY AND IRREVOCABLY AGREE THAT THE DISPUTE WILL BE RESOLVED BY ARBITRATION (AND ACCORDINGLY THEY HEREBY CONSENT TO PERSONAL JURISDICTION OVER THEM) EXCLUSIVELY IN THE VICINITY OF THE DISTRICT OF COLUMBIA OR WILMINGTON, DELAWARE, BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION WILL BE HEARD AND DETERMINED BY A SINGLE NEUTRAL ARBITRATOR. THE ARBITRATOR'S DECISION IN ANY SUCH ARBITRATION WILL BE FINAL AND BINDING UPON THE PARTIES AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS ATTORNEYS' FEES AND ARBITRATION COSTS FROM THE OTHER PARTY. THE PARTIES AGREE THAT THE ARBITRATION WILL BE KEPT CONFIDENTIAL AND THAT THE EXISTENCE OF THE PROCEEDING AND ANY ELEMENT OF IT (INCLUDING, WITHOUT LIMITATION, ANY PLEADINGS, BRIEFS OR OTHER DOCUMENTS SUBMITTED OR EXCHANGED AND ANY TESTIMONY OR OTHER ORAL SUBMISSIONS AND AWARDS) WILL NOT BE DISCLOSED BEYOND THE ARBITRATION PROCEEDING, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. A PRINTED VERSION OF THESE TERMS WILL BE ADMISSIBLE IN JUDICIAL AND ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THESE TERMS TO THE SAME EXTENT AS OTHER BUSINESS DOCUMENTS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. YOU SHALL COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF THE SITES. ALL RIGHTS NOT GRANTED HEREIN ARE EXPRESSLY RESERVED TO CAVA.
If any provision of this Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect and in the manner most favorable to CAVA.
10. Contact Us
Please contact us at [email protected] if you have any questions regarding your Gift Card or the Program.
Last Updated: December 28, 2022