Loyalty Program Terms & Conditions

We provide the technical facilities to enable loyalty programs for Restaurants, but we do not own, manage, or control these programs. We are not responsible for the activation, deactivation, distribution, communication, or fulfillment of loyalty rewards. Points have no monetary value, are not legal tender, and cannot be transferred between customer accounts, restaurants, or any third parties. All disputes regarding loyalty points or rewards must be resolved directly with the participating restaurant.

1. Eligibility and Participation

The loyalty program is open to registered customers of participating restaurants. Enrollment is determined as follows:

• Participation: Where permitted by law, customers may be automatically enrolled upon registration or when a restaurant launches a new program. In jurisdictions requiring prior consent (such as California), enrollment is subject to the customer’s affirmative opt-in at the time of account creation or through the loyalty program enrollment interface.
• One Account Per Customer. Loyalty points may only be earned through a single registered account per customer. The creation of multiple accounts for the purpose of earning additional points is prohibited and constitutes abuse. We reserve the right to merge, suspend, or terminate duplicate accounts and forfeit all associated points without notice. 
• Opt-Out: Customers may opt out of the program at any time through their account settings. Upon opting out, all unredeemed points are permanently forfeited and cannot be recovered. Additionally, requesting the deletion of your account pursuant to privacy laws (e.g., CCPA/GDPR) will result in the immediate and permanent forfeiture of all accumulated points.
• Rejoining: Should a customer decide to rejoin the program after a previous opt-out, their point balance will reset to zero (0).
• Data Privacy: Participation is voluntary. Any data collected as part of the loyalty program is handled in accordance with our Privacy Policy and is used specifically to provide the benefits and rewards associated with the program.

2. Earning Points

Restaurants may configure one of the following two earning methods:

• Points for Spending: Points are earned based on the food subtotal before tax. This excludes delivery fees, tips, and other service charges.
• Points per Order: Points are earned for each completed order that meets any minimum order value established for purposes of the loyalty program (if applicable).
• Rounding & Accrual: Point calculations are based on whole dollar amounts of the food subtotal; fractional amounts will be rounded down to the nearest whole number. Partial amounts below the earning threshold do not carry over or accumulate between separate orders.
• General Conditions: Points are awarded only once an order is marked as completed. Cancelled or voided orders do not qualify for points. 
• Order Modifications: If an order is modified, refunded, or partially credited after completion, we reserve the right to deduct the corresponding points from the customer’s balance. This deduction is limited to the current available balance; account balances will not be adjusted below zero (0).
• Refund Abuse. Repeated patterns of order placement followed by refund requests, where points have been earned and retained, will be considered abuse of the loyalty program. We reserve the right to audit redemption patterns and retroactively deduct points or suspend accounts where abuse is detected. 

3. Value of Data

The loyalty program may be considered a “financial incentive” under the California Consumer Privacy Act (CCPA) and other applicable state laws. The value of the data collected in connection with this loyalty program is reasonably related to the value of the rewards provided to the customer by the participating Restaurant, based on our reasonable estimate of the revenue generated from increased customer engagement.

• Tax Disclaimer. Customers are solely responsible for any tax obligations arising from the receipt or redemption of loyalty rewards. The Company and its Resellers do not provide tax advice. Customers with questions regarding the tax treatment of loyalty rewards should consult a qualified tax professional 

4. Points Expiration

Points remain valid only while the specific loyalty program or campaign remains active. To ensure transparency, expiration rules are applied as follows:

• Standard Expiration: Points may have an expiration date, which is prominently displayed in the "Points & Rewards" section of the customer’s profile.
• Program Deactivation: If a loyalty program or specific campaign is deactivated, disabled, or ended by the Restaurant, all associated unredeemed points are immediately purged from customer accounts and are no longer visible or redeemable.
• No Reinstatement: Expired or removed points cannot be reinstated under any circumstance.

5. Reward Redemption

Points may be redeemed for specific rewards offered by the participating restaurant (e.g., menu items, gifts, or discounts).

• Non-Transferable: Rewards cannot be exchanged, transferred, or converted into cash unless explicitly stated by the restaurant.
• Combinability: Unless otherwise explicitly stated by the Restaurant, loyalty rewards cannot be combined with other coupons, promotions, or discounts in a single transaction.
• Restaurant Discretion: Restaurants may change or withdraw rewards at any time. We provide only the technical system; the restaurant is solely responsible for honoring and fulfilling rewards.
• Consumption Policy: Once points are redeemed, they are permanently consumed. Points will not be refunded or reinstated even if the associated order is later cancelled or refunded, or if the reward becomes unavailable at the time of fulfillment.
• Nature of Rewards. Loyalty rewards are structured as specific goods or service discounts and do not constitute stored monetary value, gift certificates, or gift cards unless explicitly designated as such by the participating Restaurant. Where a Restaurant configures a reward that functions as stored monetary value, that Restaurant is solely responsible for compliance with all applicable gift card and stored value laws, including but not limited to California Civil Code Section 1749.5. 

Any minimum redemption thresholds established by the Restaurant will be disclosed within the loyalty program interface prior to enrollment. 

6. Campaigns and Promotions

Restaurants may launch limited-time campaigns with unique point ratios or expiration dates. When a campaign ends, all associated unredeemed points are permanently removed. Restaurants reserve the right to modify or cancel a campaign at any time without prior notice. The Company, Resellers and Restaurants do not guarantee the availability or continuity of any specific campaign.

• Promotional Abuse. Any attempt to manipulate, exploit, or circumvent promotional campaigns, including but not limited to creating fictitious referrals, exploiting signup bonuses through duplicate accounts, or coordinating bulk redemptions to artificially inflate rewards constitutes abuse and may result in immediate forfeiture of all points and account termination. 

7. Service Termination

The Restaurant’s loyalty program is a discretionary benefit provided through the Service. The ability to earn or redeem points is strictly contingent upon the Restaurant’s current account status:

• Active Status: Points may be earned and redeemed normally in accordance with the Restaurant’s specific program rules.
• Suspended or Inactive Status: If a Restaurant’s account is temporarily disabled, paused, or suspended (e.g., for renovations, seasonal closures, or administrative reasons), the loyalty program will be deactivated during such period. Customers will be unable to earn or redeem points; however, existing point balances will be preserved and remain "locked" until the Restaurant returns to Active status.
• Termination or Deactivation: If a Restaurant permanently ceases operations or terminates its service agreement with the Company, the associated loyalty program is immediately deactivated. Upon termination, all unredeemed points associated with that Restaurant are rendered void and are not eligible for transfer, cash-out, or redemption at other locations.

7.1 Limitation of Liability. The Company, its Resellers, and the Restaurants are not liable for any perceived loss of value, compensation, or replacement rewards resulting from:

• When a Restaurant is temporarily paused and points are unable to be redeemed.
• The expiration or purging of points following a Restaurant’s permanent termination of service.
• Any technical errors that prevent the display or redemption of points during periods of service interruption.

7.2 Customer Recourse Upon Restaurant Termination. If a Restaurant is unreachable or has terminated its agreement with the Company, customers may contact the Company at {support email} for assistance. The Company will make commercially reasonable efforts to facilitate resolution but is not obligated to honor or fulfill rewards on behalf of a terminated Restaurant. 

8. General Conditions

Points have no monetary value and are not legal tender. The Company, its Resellers, and participating Restaurants reserve the right to suspend, revoke, or adjust points in cases of fraud, abuse, error, or technical malfunction. This includes the right to retroactively audit and adjust balances in the event of a system calculation glitch, clerical error, or the unauthorized accrual of points by Restaurant staff or third parties. In the event of a significant technical error resulting in mass point miscalculations, we and our Resellers reserve the right to suspend redemptions and reset balances to the last known accurate state. We and our Resellers reserve the right to reverse any manual adjustments that appear to be the result of system manipulation or unauthorized use. Participation in the loyalty program constitutes full acceptance of these Terms and any subsequent modifications.

• Redemption Suspension. The Company, its Resellers, and participating Restaurants reserve the right to temporarily suspend point redemptions at any time, with or without notice, where we reasonably suspect system manipulation, fraud, or abuse. Suspended redemptions will be reinstated once the matter is resolved, except where points are forfeited due to confirmed abuse. 
• General Adjustment Right. Notwithstanding any other provision of these Terms, the Company, its Resellers, and participating Restaurants reserve the right to adjust, correct, deduct, or void point balances at any time for any reason we deem appropriate in our sole discretion, including but not limited to error correction, fraud prevention, system maintenance, or program modification. Such adjustments are final and not subject to appeal. 
• Unclaimed Property. Loyalty points and rewards issued through the Service are not subject to unclaimed or abandoned property laws to the extent they constitute non-transferable, non-cash promotional benefits with no monetary value. Where applicable law nonetheless requires reporting or remittance of unredeemed rewards, the participating Restaurant is solely responsible for compliance with such requirements with respect to their own loyalty program. The Company and its Resellers make no representation that any specific reward configuration will be exempt from unclaimed property laws in any jurisdiction, and Restaurants should consult qualified legal counsel regarding their obligations. 

For material changes to these Terms, we will provide at least fourteen (14) days' notice via email or prominent notice within the Service prior to the change becoming effective. Continued participation after the effective date constitutes acceptance. 

9. Platform Disclaimer

While the Company and its Resellers provide the technical infrastructure for point collection and redemption, participating Restaurants are entirely responsible for defining, managing, and fulfilling their respective loyalty programs.  We and our Resellers are not liable for:

• Points that are expired, removed, or unredeemable.
• Rewards that are withdrawn, modified, or unavailable.
• Disputes arising between customers and restaurants. 

The Company, its Resellers, and participating Restaurants reserve the right to modify, suspend, or discontinue the loyalty program or any of its features at any time without prior notice. These terms are governed by the laws of the State of North Carolina. Any legal action regarding the technical platform shall be brought exclusively in the courts located in Wake County, NC.

10. Accessibility 

If you have a disability and need to access this policy in an alternative format, please contact us at {accessibility@ehungry.com}.