Terms & Conditions
Please read these terms and conditions carefully before using Our Service.
Last updated: February 1, 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 or in plural.
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.
Country refers to: Pennsylvania, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) Refers to Spread Bagelry LLC, 262 S 20th St, Philadelphia, PA 19103.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
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. This Terms and Conditions agreement has been create with the help of the Terms and Conditions Generator.
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 Spread Bagelry, accessible from spreadbagelry.com
Rewards refers to Spread Bagelry Rewards program, an opt-in loyalty program that provides promotional offers for redemption at Company locations and Website.
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 this 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.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
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.
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 this 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 this 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 do 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, 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.
Some jurisdictions do 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 Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
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 in which you are resident in.
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.
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 this 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 and Conditions 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 website and the Service.
Spread Bagelry Rewards Program
IF YOU DO NOT AGREE TO THESE ADDITIONAL TERMS, DO NOT PARTICIPATE IN THE SPREAD BAGELRY REWARDS PROGRAM.
We reserve right to change, modify, eliminate, terminate, discontinue and/or cancel the Rewards Program, associated rewards and/or all or any portion of these Additional Terms or any policy, FAQ, or guideline pertaining to the Rewards Program at any time and in its sole discretion without notice to you. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and to the extent permitted by law, you waive any right you may have to receive specific notice of such changes or modifications.
Becoming a Rewards Member
The Rewards Program allows you to earn and/or receive rewards (program rewards, are individually or collectively referred to as “Offer(s)”). To Become a Rewards Member, you must: (1) Be at least 13 years old; and (2) Register at www.spreadbagelry.com. Your Rewards membership is personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) account that is personal to you. A unique and valid email address, and/or a phone number is required to register for a Rewards account. A social media account may be required to complete actions to earn certain Offers. Your Rewards email, phone number or account number may be required to be presented in connection with a transaction or activity. The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. There are no membership fees associated with the Rewards Program.
Earning and Using Rewards
Offers are issued by Spread on a periodic basis and may not be identified to you in advance. Number, type and frequency of Offers are based upon a number of factors, including without limitation the frequency of visits, the volume and type of purchases made, usage, type of personal information provided, and type and amount of participation in and/or interaction with Company and/or activities, other Programs and/or applications. Purchases from a participating COmpany location may be required to earn Rewards. Voluntary activities required to earn Offers may include, among other things: (1) features that display your username and/or status; and/or (2) contests, sweepstakes or other like activities subject to applicable rules and/or Program terms identified at the time. Certain activities may only be available to participants 18 years and older. Activities to earn Offers do not count towards, and may not be combined with, activities described under other Programs. Activities tied to specific Offers must be fully completed, as determined by Company in its sole discretion, and will result in a single Offer regardless of the number of times the activity is performed. Partial Offers will not be issued. If a full Offer is not used when redeemed, no remaining balance will be refunded nor will any remaining balance be available for application toward future orders. Rewards accounts may be used to earn purchase-based Offers a maximum of five times per day, with a minimum of two hours between each usage. Unless otherwise identified, an Offer will consist of the single serving size of the rewarded item. Company has the sole discretion to determine the size of the Offer. Qualifying purchases reflected in an account where there is a period of twelve (12) months of inactivity will no longer count toward earning a purchase-based Offer.
When earned, Offers, will be identified on your My Account page located at www.spreadbagelry.com and may also be printed on your Spread Bagelry receipt. Generally, only one Offer may be redeemed per transaction. Offers expire if not used by the applicable expiration date. Rewards are subject to change or substitution without notice. Offers accumulated under the Rewards Program are promotional and have no cash value. Rewards may not be exchanged for cash, any cash equivalent or any other products, or combined with other discounts or coupons. Rewards may be transferred if permitted by a Reward transfer program (if any) made available by Company. Transaction history cannot be transferred from one account to another. If you forgot to present your registered Rewards account while making a purchase in a Spread Bagelry location or online (a “visit”), you can get credit for your visit by (i) with respect to non-catering orders, entering the code (if available) at the bottom of your receipt on our Missed A Visit page; all visit codes expire after 30 days. Company has no responsibility to retroactively apply Offers or use of the Rewards Program.
Other Rewards Information
Without notice to you, Company reserves the right to suspend any Rewards account and/or terminate your account and/or your participation in the Program for any reason in its sole discretion, including without limitation if Company determines in its sole discretion that you have violated these Terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Company may, in its sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in the Rewards Program is terminated, then all accumulated Offers in your account are void.