Version 2.0 – Last updated October 17, 2022
These Terms & Conditions (the “Terms”) are between which G&B Coffee, LLC, a California limited liability company (“GGET”, “we, “us” or “our”) and any subscriber, whether an individual or entity, (“you” or “your”). These Terms govern our subscription services and products related to our “GGET Unlimited” subscription service (the “Subscription”). These Terms are mandatory for anyone purchasing a Subscription and are binding on us and on you. If you do not confirm your acceptance of these terms and conditions during the order process, you will not be able to order a Subscription. By accepting these Terms through our website or each time you use the Subscription, you signify that you agree to be bound by this Agreement. If you do not agree to these Terms, you must discontinue using GGET Unlimited and terminate your Subscription.
IMPORTANT KEY TERMS:
• SUBSCRIPTIONS AUTOMATICALLY RENEW.
• MAXIMUM ONE DRINK PER HOUR PER SUBSCRIPTION. DRINKS ARE FOR CONSUMPTION BY THE SUBSCRIPTION-HOLDER ONLY.
• MAXIMUM OF ONE SUBSCRIPTION PER PERSON.
• PARTICIPATING LOCATIONS AND ELIGIBLE PRODUCTS ARE SUBJECT TO CHANGE.
• VIOLATING GGET TERMS AND CONDITIONS WILL RESULT IN YOUR REMOVAL FROM THE SUBSCRIPTION PROGRAM.
1.1. The Subscription will grant you access to one (1) fully refunded drink from the Eligible Products list from a Participating Location each hour per visit throughout the duration of your Subscription, pursuant to these Terms.
1.2. Your Subscription will automatically renew at the end of each Billing Cycle (as defined in Section 3 below) and will continue to renew unless canceled by you or us in accordance with these Terms.
1.3. You can cancel the Subscription whenever you want. To cancel, please follow instructions in Section 7 below. Canceling will end the automatic renewals of your Subscription, but we will keep any fees we have already collected from you (unless we are required by law to refund them). If you cancel your Subscription, your Subscription will remain active until the end of the then-current Billing Cycle.
1.4. We will disclose the duration and cost of the Subscription before your registration and will confirm the duration and the cost of the Subscription via email following your purchase.
1.5. BY USING OR ACCESSING THE GGET UNLIMITED SUBSCRIPTION, YOU AGREE TO BE BOUND BY THESE TERMS.
1.6. We reserve the right to update, change or modify these Terms at any time. Depending on the nature of the change or update, we may provide notice by posting the new Terms here with a new “Last Updated” date shown. All such changes in the Terms shall be effective from the new date when posted. You waive any right you may have to receive specific notice of such updates, changes, or modifications. By accepting via our website or accessing or using the Subscription, you consent to these Terms being provided in electronic form.
2.1. Who can register for a Subscription. We can only accept Subscription registration orders from those aged 18 or over and who have legal capacity to enter into a binding contract with us. You must be located in the United States and cannot be in breach of any agreements with us or any of our terms and conditions (including these Terms). Registration and redemption of any subscription is subject to GGET’s verification, in its sole discretion.
2.2. Where Subscriptions can be redeemed. Our GGET Unlimited Subscription is only available in Participating Locations (as defined in Section 5 below).
2.3. How to register for a Subscription. In order to register for a GGET Unlimited Subscription, you will be required to provide a phone number and email address. You will be required to sign up for an account on our website (your “GGET Account”), and will therefore need to agree to the terms and conditions applicable to GGET Accounts which may be separate from these terms. By registering for the Subscription, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or if you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your Subscription and refuse any and all current or future use of the Subscription. You should check all of the information that you enter and correct any errors before submitting your registration, as once your registration is submitted, we will begin processing it immediately. These Terms are only available in the English language.
2.4. How we will accept your subscription registration. Your registration constitutes an offer to us to buy a Subscription. Our acceptance of that offer (and the formation of a contract between you and us according to these terms and conditions) will take place when we send you a confirmation email to accept your Subscription registration, at which point a legally binding contract will be formed between you and us pursuant to these Terms. Without limitation of the foregoing, we reserve the right to reject any Subscription registration in our sole discretion.
2.5. If we cannot accept your Subscription registration. If we are unable to accept your Subscription registration, we will inform you of this by email and will not charge you for that Subscription. Reasons for this may include, but are not limited to: 2.5.1. because subscriptions are no longer available; 2.5.2. because of unexpected limits on our resources which we could not reasonably plan for; or 2.5.3. because we have identified an error in the price or description of the subscription.
3.1. By registering for the Subscription, you authorize us to charge the billing method provided by you (your “Payment Method”) on a recurring basis beginning on the day of your registration and every fourteen (14) or thirty (30) days thereafter (the “Billing Cycle”), depending on your Subscription plan, until you cancel or GGET suspends, ends, or otherwise terminates your access to the Subscription, which it may do at any time. By paying any recurring Subscription fees (as set out in your order) to keep your Subscription active, you will be able to redeem your Subscription in any of the Participating Locations to get a maximum of one (1) Eligible Product (defined below) each hour per visit to a Participating Location (subject to our opening hours, which may vary by location and from time to time and subject to availability of Eligible Products, defined in Section 4 below). We reserve the right to change the number of Eligible Products you may redeem from time to time, subject always to providing you with two (2) days’ notice in accordance with Section 7.
3.2. Once we have accepted your Subscription registration, and for each billing period your Subscription is successfully renewed, you will receive an email confirming that your payment has been successful. Your Subscription starts on the day we send your confirmation email. Once you have your confirmation email, you can use make purchases via the “Go Get Em Tiger” application on Android and iOS systems (“GGET App”) while logged into your GGET Account, or you can access your QR code on your GGET Account. In order to redeem your Subscription against an Eligible Product (as defined in Section 4 below), you will need to either (i) present your QR code when checking out in-store; or (ii) log in to your GGET Account to make purchases online or via the GGET App, where your Subscription will be automatically applied at the online checkout. The QR code can only be used in Participating Locations and cannot be redeemed online. We cannot provide any Eligible Products without a valid Subscription QR code.
3.3. You should keep your QR code confidential, and you are not permitted to share it with any other person. It is your responsibility to ensure that nobody obtains unauthorized use of your QR code, and we won't be liable for any loss suffered by you (including any lost subscription perks) for any such unauthorized use of your QR code, unless caused by GGET’s negligence or willful misconduct. If we reasonably suspect that you are sharing your QR code in breach of these terms and conditions, we may suspend your account while we investigate. If we find that you have breached these terms and conditions in a serious way, we may cancel your Subscription with immediate effect and without refunding you for the remaining period of your subscription. We also reserve the right to ban your GGET Account and take further action if we deem it appropriate.
3.4. Unless you cancel, your Subscription will automatically renew at the end of each Billing Cycle at the then-current Subscription rate. If you cancel your Subscription, you may use your Subscription benefits until the end of the applicable Billing Cycle and your subscription will not be renewed after that Billing Cycle ends. Your non-termination or continued use of the GGET Unlimited subscription reaffirms that GGET is authorized to charge your Payment Method on the recurring basis to which you agreed at registration. We may submit those charges for payment, and you will be responsible for such charges. GGET MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE GGET REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, PLEASE FOLLOW INSTRUCTIONS FOR CANCELLATION IN SECTION 7 BELOW.
3.5. You can only redeem your Subscription for one (1) Eligible Product per hour per visit to a Participating Location. This applies to both in-store orders and orders made using the GGET App and is subject to availability of Eligible Products.
3.6. We only supply Subscriptions for private and non-commercial use. We reserve the right at any time and in our sole discretion to verify a subscriber’s eligibility and compliance with these Terms, including but not limited to, ensuring that the Subscription is not being used for a commercial purpose.
3.7. There is a limit of one Subscription per person. You agree not to register for a new Subscription account with new details (a “Duplicate Subscription”), even where an older Subscription has expired, unless you have a bona fide reason to do so (for example, because you have lost access to the original email account used when you signed up). We reserve the right to carry out checks for Duplicate Subscriptions and to terminate any Duplicate Subscriptions that we become aware of.
3.8. Any Eligible Products redeemed using your Subscription must be for your personal consumption only.
3.9. Subscriptions cannot be exchanged for other goods or products and are only eligible for refunds to the extent expressly set out in these Terms.
4.1. Subject to our website and written notices, you will be able to redeem your Subscription against the following products (“Eligible Products”): Filter Coffee, Iced Coffee, Espresso, Americano, Cortado, Macchiato, Cappuccino, Latte, Almond Macadamia Latte, Mocha, Business & Pleasure, Chai, Fizzy Hoppy Tea, Hot Tea, Iced Tea, and all “Drink Mods” listed in the GGET App.
4.2. The Subscriptions does not include bottled drinks. Refills are not permitted. Valid only during open hours of operation; visit https://gget.com/visit for store hours.
4.3. All Eligible Products are subject to availability, equipment, and staffing resources, and all of our usual terms and conditions, in addition to any particular terms, conditions, rules or policies which may apply in any particular store. The list of Eligible Products may change from time to time, and we will endeavor to update this list as and when products are added or removed, and notify you at least forty two (2) days before any significant changes to the list.
4.4. We may decide from time to time, at our sole discretion, that Eligible Products may not be redeemed in reusable cups due to the health and safety implications.
5.1. “Participating Locations” include: GGET Culver City,GGET Larchmont, GGET Los Feliz, GGET Highland Park, GGET Row, GGET West Hollywood, and GGET Santa Monica (Montana Ave. location only). We may add or remove GGET locations to the list of Participating Locations from time to time. We do not guarantee that any new GGET locations will be Participating Locations.
6.1. Monthly subscription fee. Currently, the Subscription is available for purchase in two tiers: (1) a fee of $13 per week, with access to a single GGET location, or (2) a fee of $18 per week, with access to all Participating Locations. Subscriptions in both tiers have a Billing Cycle of two weeks. Only individuals who as of October 17th were active participants in GGET’s Subscription pilot program will have access to a Subscription for the fee of $10.00 per week, with a Billing Cycle of two weeks. The subscription fee does not include applicable taxes, which will be a separate line item. We reserve the right to change the subscription fee upon providing at least seven (7) days’ notice to you, subject always to your ability to cancel your subscription in accordance with Section 7. Your subscription provides you the right to use Subscription benefits at your discretion (subject to these Terms). Your non-use will not obligate us to provide you with any refund, in whole or part, of your subscription fee. We reserve the right to correct any errors or mistakes that we may make, even if we have already requested or received payment, and to update your information from available third-party sources. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to payment method expiration, insufficient funds, the chargeback of a previously valid payment, or otherwise, and you do not cancel your Subscription, we may suspend your access to the Subscription until we are in receipt of cleared funds from you for the Subscription and subsequently cancel your Subscription if payment is still not received. For some Payment Methods, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
6.2. Change in Amount Authorized. If the amount to be charged to your Payment Method varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), we shall provide notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. Any agreement you have with the issuer of your Payment Method will govern your use of your Payment Method as a payment mechanism. You agree that GGET may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each Billing Cycle.
6.3. Payment type. Payment can be made by debit or credit card. YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY. IF YOU FAIL TO NOTIFY US OF ANY OF THE FOREGOING, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION, UNLESS WE HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION.
6.4. Payment failure. If payment of a recurring subscription fee fails because there is an issue with the payment method, for example, the debit card has expired, we will contact you via email. You may add, update, or change payment cards or other subscription details such as email address and billing address by logging into your GGET Account.
6.5. Changes to subscription fees. If the amount to be charged for a recurring subscription fee changes from the current fee, we shall provide notice of the amount to be charged and the date of the charge at least seven (7) days before the scheduled date of payment of the recurring subscription fee. If, as a result of the fee change, you want to cancel your subscription, please follow the steps in Section 7 below.
6.6. Taxes. Your applicable taxes will be calculated in accordance with the laws of the applicable jurisdiction.
7.1. You can cancel your subscription at any time. Cancellation will be effective from the end of the Billing Cycle in which you cancel. You may continue using your Subscription for the remainder of the current Billing Cycle following cancellation. Cancellations are not eligible for refunds. 7.2. If you wish to exercise your right to cancel in accordance with this Section, you must contact us to let us know that you are doing so. You may do this by logging in to your GGET Account and selecting the option to cancel your subscription or by contacting GGET support listed on the GGET website. 7.3. We will send you an acknowledgement of receipt of cancellation requests by email.
8.1. GGET retains the right to withdraw the Subscription. We will write to you to let you know that we are going to stop providing the Subscription. We will let you know at least seven (7) days in advance of our stopping the Subscription and will not take any subsequent recurring monthly Subscription fees.
8.2. We may cancel your subscription at any time and without notice if: (i) you are in breach of these Terms, or (ii) you are in breach of any other terms and conditions or agreements with us, and we reasonably believe that such breach may prejudice the performance of your obligations under these Terms.
9.1. These Terms only govern the Subscription, so they apply in addition to (and should be read in connection with) any other agreements made between you and us, and any policies and notices that we communicate to you from time to time (each to the extent applicable). That might include:
9.1.2. any Vouchers or promotional campaign terms and conditions, available at the below section ‘Promotions’; and
10.1. Nothing in these Terms limits our liability which cannot legally be limited, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.
10.2. Subject to the other provisions of this Section, our liability to you under and in respect to these Terms is limited to the cost of the subscription fees paid by you under these Terms in the last twelve (12) months.
10.3. GGET is not liable for business losses. We only supply the Subscription for personal use. If you use the Subscription for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GGET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT GGET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.1. You shall indemnify and hold harmless GGET, our affiliates, subsidiaries, and licensors and each of our respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from (a) your violation of these Terms, (b) your use of the GGET Unlimited Subscription, (c) your violation of any third party right, (d) your breach of applicable law, or (e) your negligence or willful misconduct.
12.2. We reserve the right to update, change, modify or terminate the Subscription and these Terms (i) immediately on notice to you if there is a change in applicable law or regulation or there are security reasons necessitating such change, or (ii) effective from the beginning of your next Billing Cycle for any other reason. If you do not agree to any updates, changes, or modifications you have the right to cancel this Contract by following the steps in Section 7 above.
12.3. We reserve the right to refuse to accept a new Subscription order or any monthly renewal if we reasonably believe that you are not complying (or have not in the past complied) with these Terms.
12.4. The Subscription may not be used in conjunction with any other promotion run by GGET unless we specify otherwise.
12.5. If a court finds any part of these Terms illegal or unenforceable, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.6. Any delay by GGET in enforcing these Terms will not constitute a waiver of these Terms or any section herein.
12.7. We shall not be in breach of these Terms nor liable for delay in performing, or for failure to perform, any of our obligations under these Terms if such delay or failure result from events, circumstances, or causes beyond our reasonable control (including, without limitation, the outbreak or any re-occurrence of coronavirus (COVID-19) or similar diseases). In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations and may suspend your Subscription for the period during which your Subscription cannot be used, or take other appropriate action.
13.1. These Terms and any related dispute or claim (whether contractual or non-contractual) shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict provisions, and you agree to the jurisdiction of the federal and state courts located in Los Angeles County, California.
14.1. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in these Terms.
14.2. You and GGET agree that any dispute, whether at law or equity, arising out of or relating to these Terms or your use of the Subscription, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide or collective) binding arbitration, except that you or GGET may take claims to small claims court if they qualify for hearing by such a court.
14.3. You and GGET agree that any arbitration under these Terms will take place on an individual basis and that class, mass, consolidated or combined actions, or arbitrations or proceedings as a private attorney general, are not permitted.
14.4. You and GGET agree to waive the right to trial by jury.
14.5. This agreement to arbitrate extends to claims that you assert against other parties, including without limitation, claims against GGET and its affiliates, related entities, and franchisees.
14.6. These Terms evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of these Terms. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
14.7. Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Any arbitration will take place in Los Angeles County, California, or as otherwise set forth via applicable law, and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing GGET from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.