Important: Please carefully read and understand these terms and conditions ("Terms"). They contain an arbitration agreement, jury and class action waivers, limitations on FENG CHA’s liability, and other provisions that affect your legal rights.
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By installing, accessing, or using any websites, mobile apps, email newsletters, and other digital properties on which these Terms are posted or referenced (together, "Online Services"), you are entering into a binding agreement with FENG CHA USA ("FENG CHA," "we," or "us"), which controls and operates the Online Services from its headquarters at 412 N Bowser Rd. Richardson TX 75081.
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Please also review FENG CHA’s Privacy Policy, which describes how we collect, use, and share information. By accepting these Terms, you also understand and agree that these Terms will govern any disputes arising out of or related to FENG CHA’s Privacy Policy.
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By accepting these Terms, you understand and agree that, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.
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The Online Services are not intended to be used by, or targeted to, anyone under the age of 18 years old. You must be at least 18 years old to use the Online Services.
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If you do not agree to these Terms, you must immediately stop using the Online Services and request that FENG CHA close any Online Services account that you have created. You can request account deletion by visiting the Privacy Rights Center and making a deletion request or by contacting us at support@myfengcha.com.
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1. About the Online Services
Availability of Products and Services
FENG CHA products and services are available in many parts of the U.S. However, the Online Services may describe products and services that are not available in all locations.
Obey the Rules of the Road
Whenever you use the Online Services, you must obey the rules of the road and all applicable laws and regulations. You must not use the Online Services while driving or while behind the wheel or controls of a moving vehicle. For your safety, please only use the Online Services when it is lawful and safe to do so.
Your Responsibility for Devices and Accounts
You are responsible for any devices, software, and services needed to access the Online Services. FENG CHA does not guarantee that the Online Services will function on all devices or with all software.
You are also responsible for maintaining the confidentiality of your accounts and passwords. FENG CHA reserves the right to suspend or terminate your account if you violate these Terms.
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2. Updates to These Terms
FENG CHA may update these Terms at any time. When we do, we will revise the "Effective Date" at the top of these Terms. It is your responsibility to review these Terms periodically. Your continued use of the Online Services after any updates indicates your acceptance of the revised Terms.
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3. Additional Terms
Additional terms may apply to specific features of the Online Services, such as promotions, loyalty programs, and mobile ordering. By participating in these features, you agree to any additional terms, which are incorporated into these Terms by reference.
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4. SMS Loyalty Program
Subscribers can opt-in for SMS messages from FENG CHA as a part of the loyalty registration process at https://fengcha.myguestaccount.com/en-us/guest/enroll?card-template=JTIldXJsLXBhcmFtLWFlcy1rZXklTVhLSEZDSWpZbHFsMUVrUiU2TVJ3RjdpSytOOHdhVUhLOGdJU1o3Zz0%3D&template=2. By doing so, you agree to receive automated promotional and personalized marketing text messages from FENG CHA to the mobile phone number you provided when signing up. Messages may pertain to promotional programs, new menu items, etc. Messages for this program will be sent from 20579 and begin with FENG CHA. Consent to receive automated marketing messages is not a condition of any purchase. Message frequency varies. Message and Data rates may apply.
To opt-out of the text messaging program, text the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our 20579 to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our 20579 you will receive one additional message confirming that your request has been processed. For more information, text the keyword HELP to our 20579 for customer care information. You can also contact us at support@myfengcha.com, or www.fengchausa.com for additional assistance.
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5. Limitation of Liability
To the fullest extent permitted by applicable law, FENG CHA will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
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Your use or inability to use the Online Services.
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Any unauthorized access to or use of our servers and/or any personal information stored therein.
6. Dispute Resolution & Arbitration
By using the Online Services, you and FENG CHA agree that any disputes arising out of or relating to these Terms or the Online Services shall be resolved through binding arbitration on an individual basis, as set forth in this section.
No Class Actions
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
Arbitration Procedures
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be held in the county in which you reside or at another mutually agreed location.
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7. Governing Law
These Terms and any disputes arising out of or related to them or the Online Services will be governed by the laws of the State of Texas, without regard to its conflict of laws principles.
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8. Termination of Services
FENG CHA reserves the right to terminate or suspend your access to the Online Services, without prior notice or liability, for any reason, including but not limited to a violation of these Terms.
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9. Contact Information
If you have any questions regarding these Terms, please contact us at:
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Email: support@myfengcha.com
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Website: www.fengchausa.com
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