Last updated: February 2022
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular, in plural or in possessive.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
App means the Taco Del Mar Rippin’ Rewards loyalty Application.
Company (referred to as either “the Company”, “we”, “us” or “our” in this Agreement) refers to TDMF Holdings, LLC, 4700 S. Syracuse St., Suite 225, Denver, CO 80237.
Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.
Promotions refer to contests, sweepstakes, rewards programs or other promotions offered through the Service.
Rewards Program means the Taco Del Mar Rippin’ Rewards Program Taco Del Mar offers to reward and thank our loyal restaurant customers.
Service refers to the Website, App, Rewards Program and other online programs that post a link to these Terms.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to the Taco Del Mar Website, accessible from https://www.tacodelmar.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of the Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language.
The Rewards Program is available to enrolled members at participating Taco Del Mar restaurants. Rewards accumulated under the Rewards program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.
You may enroll in the Rewards Program if you: (1) meet the age requirements stated above; (2) have an active, valid e-mail address; and (3) are a natural person (no corporations, partnerships, limited liability companies or other legal entities).
You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) through our Website, the App, or your Facebook account, Apple account, or Google account using the App.
Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may only have one (1) Rewards Account.
As a part of the Rewards Program, Taco Del Mar will send you transactional, informational, and promotional messages and/or offers. These communications may be in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.
Rewards Program members will earn and receive points per $1 pre-tax spent at participating Taco Del Mar Restaurants. Members will receive point amounts based on their tier status that is earned through point accrual. Newbie members will earn 8 points per $1 pre-tax spent at participating Taco Del Mar restaurants. Pro members will earn 10 points per $1 pre-tax spent at participating Taco Del Mar restaurants. Legend members will earn 12 points per $1 spent pre-tax at participating Taco Del Mar restaurants. You will not earn a point towards an earned Reward if you spend less than a total of $1 pre-tax in one transaction at a participating Taco Del Mar restaurants. To receive points for a qualified purchase: 1) scan the bar code on the receipt using the App; 2) enter the bar code on the receipt manually to the App; 3) use a QR code scanner at the register from your purchase with the built-in QR Code in the App; or 4) provide email or phone number at the time of check out at the restaurant. After this verification, the point(s) to which you are entitled will be applied to your Rewards Account. You can track points and Rewards you have already earned and that you may earn in the future by logging into your Rewards Account History using the App.
Social Media Sharing
You can also receive extra point(s) for every friend (limit 3) you refer using e-mail, SMS or Facebook who joins our Rewards Program, starts earning points, and uses your invite code provided in the App. Your extra points will not be awarded until the referred member enrolls in the Rewards Program and earns their first point.
You can also share your Taco Del Mar experience on your personal Facebook page through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the Taco Del Mar website, Facebook page, and/or other social media outlets.
By accumulating point(s) in your Rewards Account, you may redeem points for $5 or $10 off Rewards at Taco Del Mar restaurants with qualifying purchase at participating Taco Del Mar restaurants. You may only redeem one Reward per visit regardless of the number of points or Rewards you have earned in your Rewards Account. You may choose to accumulate points without selecting a Reward; however, if you select a Reward, the Reward will be valid for 4 hours.
Additional Rewards Program Terms
Taco Del Mar reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Taco Del Mar may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Taco Del Mar also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 90 days. Inactive is defined as no Rewards earned.
Taco Del Mar has the right at any time, with or without giving you prior notice, to:
- end or cancel the Rewards Program and/or any specific Reward;
- change any Reward or other Rewards Program benefit we offer;
- change the requirements for earning a particular Reward;
- expire or cancel unused points accrued 1 year ago or more;
- change the time you have in which to earn a particular Reward; and/or
- change any other feature of the Rewards Program.
If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.
Any other Promotions made available through the Service may be governed by rules that are separate from these Terms.
When you use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
Product Sales and Availability
All products displayed on the Services, including Taco Del Mar’s branded products are primarily made available by franchisees not owned or operated by us. We may run national promotions relating to the sale of these products, but the third party franchisees set the prices for the products and determine product availability at their Taco Del Mar franchise location. We reserve the right to discontinue any national promotion without prior notice.
The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other intellectual property laws of both the United States, Canada and other countries. Although we make the Service freely accessible, we reserve all rights to the materials appearing on the Service and no rights are transferred to you when you use the Service.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You may download, save, and print a personal, non-commercial copy, provided You do not incorporate the content into another website or service or alter any copyright, trademark or proprietary notices. The materials on the Service may not be used for any other purpose without prior written consent of the Company.
Responsible Use of Service
You may use the Service for lawful purposes and in accordance with these Terms. You may not use the Service to: (i) upload or otherwise transmit any communication or material that contains a virus or is otherwise harmful to our systems or our users’ computers, devices or systems; (ii) harm us or anyone else, interfere with the Service or violate any law; (iii) mislead, make misrepresentations or impersonate others; (iv) harvest, scrape or spider content; (v) collect information about other users without their express consent; (vi) collect, store, transmit or solicit personal information of any person; (vii) obtain unauthorized access to other computer systems, materials or information available through or on the Service.
You may not: (i) use another person’s account or password to access the Service without their express consent; (ii) attempt to test the vulnerability or breach the security of the Service; (iii) circumvent, reverse engineer, decipher, decompile, disassemble, or decrypt any software that is part of the Service, or use any tools for compromising security, such as password-guessing programs.
Certain features or services offered on or through the Service may require you to complete a registration process and/or setup an account or login. When you register or provide any information in connection with the Service, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your password or username, and all activities that occur in connection with your account. You agree to immediately notify us of any authorized use of your password or username or any other breach of security. You may be held liable for losses incurred by Taco Del Mar or any other user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential. Taco Del Mar shall not be liable for any loss or damage arising from your failure to comply with these Terms.
Your Feedback to Us
You assign all rights, title and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately. Otherwise applicable Terms shall survive termination. We reserve the right to seek all remedies at law or in equity for a breach of these Terms.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or $100 USD if you haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states and provinces, which may include the Province of Quebec, may not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states and provinces, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
TACO DEL MAR RESTAURANTS INDEPENDENTLY OWNED AND OPERATED BY FRANCHISE OWNERS THAT OPERATE THE RESTAURANTS PURSUANT TO FRANCHISE AGREEMENTS BETWEEN THE FRANCHISE OWNERS AND TACO DEL MAR (OR ITS AFFILIATES) ARE NOT AFFILIATES OF TACO DEL MAR. THE FRANCHISEE THAT OWNS AND OPERATES A TACO DEL MAR RESTAURANT MAY CHOOSE TO NOT PARTICIPATE IN THE SERVICE. TACO DEL MAR WILL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY FRANCHISE OWNER AND NO FRANCHISE OWNER MAY INCUR LIABILITIES OR OBLIGATIONS ON BEHALF OF TACO DEL MAR OR ITS AFFILIATES.
Some jurisdictions, which may include the Province of Quebec, may not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the State of Colorado and United States, excluding their conflicts of law rules, shall govern these Terms and your use of the Service. Except where prohibited by applicable law, which may include the Province of Quebec, you waive any claims that may arise under the laws of other states, provinces and countries.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, ANY DISPUTE RESOLUTION PROCEEDINGS OR ACTIONS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NO CLAIMS MAY BE BROUGHT OR HEARD ON A JOINT, COMBINED, CONSOLIDATED OR CLASS ACTION BASIS WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES.
Except where prohibited by applicable law, which may include the Province of Quebec, If a dispute cannot be resolved through mutual agreement or arbitration, the parties agree to submit to the jurisdiction of state courts in Denver County, Colorado and/or federal courts in the District of Colorado. The Company may seek interim or preliminary relief from any court to protect its rights before and while arbitration is pending.
For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country of your residence.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
For California Users
California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd, Suite N 112, Sacramento, CA 95834, or by calling (800) 952-5210.
The Service is controlled, operated, and administered by Company from offices within the United States. We make no representations regarding the use of the Service outside of the United States and Canada. You may not use the Service or export any portion of it in violation of United States or Canadian export laws or regulations. If you access the Service from locations outside of the United States or Canada, you are responsible for compliance with all local laws.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms may have been translated if we have made them available to you on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org
Copyright © 2022 TDMF Holdings, LLC. All rights reserved.