Online Policies

Terms & Conditions

Jose’s Mexican Food, Inc. Terms and Conditions

Legal Notice: Terms and Conditions of Use

Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using any of Jose’s Online Services

These Terms and Conditions of Use (“Terms and Conditions of Use”) apply to your access to, and use of, any Jose’s Mexican Food, Inc. (“Jose’s”) website, mobile application, and online service or program where these Terms and Conditions of Use are posted or linked (“Jose’s Online Services”). These Terms and Conditions of Use are a legal and binding agreement between you and Jose’s, and, as applicable, its subsidiaries, affiliates, and related entities (“Affiliates”) (Jose’s and its Affiliates are referred to herein, as the context may require, as “we”, “us”, or “our”). These Terms of Use govern your use of the Jose’s Online Services, which includes the programs, offers, content, information, services, and features made available through the Jose’s Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the Jose’s Online Services.

Your use of the Jose’s Online Services is at your risk. If you are dissatisfied with the Jose’s Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the Jose’s Online Services.

 

Modifications to These Terms and Conditions of Use. We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the Jose’s Online Services, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms and Conditions of Use. Your continued access to or use of the Jose’s Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.

 

Use of Jose’s Online Services. The Jose’s Online Services and all content, information, and other materials featured, displayed, contained, and available on the Jose’s Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, “Materials”) are owned by or licensed to Jose’s and its Affiliates and are protected by copyright, trademark, trade dress, patent, common law and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Jose’s Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Jose’s Online Services or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.

You agree to abide by all additional terms, conditions, and restrictions included within the Jose’s Online Services, the Materials, and/or the programs, features, and services.

Jose’s may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any Jose’s Online Service, or any portion thereof; (2) change, revise, or modify the Jose’s Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the Jose’s Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the Jose’s Online Services, in whole or in part ; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.

User Conduct. You agree to use the Jose’s Online Services, the Materials, and the programs, features and services in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to:

  • modify, adapt, translate, or reverse engineer any portion of the Jose’s Online Services or the Materials;
  • use the Jose’s Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • use the Jose’s Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
  • frame or mirror any portion or feature of the Jose’s Online Services;
  • use the Jose’s Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
  • use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Jose’s Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the Jose’s Online Services or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Jose’s Online Services;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Jose’s Online Services or with any other person’s use or enjoyment of the Jose’s Online Services;
  • transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
  • circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Jose’s;
  • forge headers or otherwise manipulate identifiers;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • submit or post any false or misleading information; and/or

violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Jose’s, its Affiliates, or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Jose’s Online Services, the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.

Submissions. By submitting any material, information or other content to or through Jose’s Online Services, you represent that you are a United States of America resident and are 18 years or older.  Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through Jose’s Online Services via phone, or otherwise (“Submissions”) will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

We may, but shall not be obligated to, in our sole discretion, post any Submission on the Jose’s Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.

You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.

Programs and Promotions. Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, “Promotions”) made available through the Jose’s Online Services may be governed by rules and/or terms that are additional to these Terms and Conditions of Use. By participating in any such Promotion, you will become subject to any such additional Promotions terms. Jose’s urges you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions.

Jose’s App. In order to use Jose’s Online Services made available through the Jose’s Mobile Application (“the App”) you must have a compatible mobile device; Jose’s does not warrant that the App will be compatible with your mobile device.

If you access the App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you.  However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App.  You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use.  You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the App.

Jose’s Digital Gift Card. The Jose’s Mobile App (the “App”) allows you to load funds onto a Jose’s Digital Gift Card for use at participating Jose’s locations.  The dollar value that you load onto your Jose’s Digital Gift Card with the Jose’s app is a prepayment redeemable solely for the goods and services of participating restaurants. We offer the Jose’s Digital Gift Card to make it more convenient for you to eat with us. We have no liability for any temporary inability to access funds loaded to a Jose’s Gift Card for any reason, including but not limited to connectivity failures, problems with your mobile phone or other device, temporary issues with our service providers, or any other reason.

You should treat your digital gift card and any Jose’s gift card as cash and not disclose your Jose’s card information or account information to anyone.  If your Jose’s card or Jose’s card information is lost or stolen, anyone who obtains possession of either may use your card.  You are responsible for all transactions on your Jose’s card, including unauthorized transactions.  Jose’s will only give refunds for the unused balance on a Digital Gift Card with the original receipt.  For a refund or any questions regarding your Jose’s digital gift card email us at: OnlineTeam@JosesMexicanFood.com

Jose’s Rewards Program. The Jose’s Rewards program is operated by Spoonity, Inc. and is subject to the following additional terms and conditions (the “Spoonity Terms and Conditions”). If you do not agree with the terms of use and conditions, do not use the Jose’s Rewards Program.

The Jose’s Rewards program allows you to earn and/or receive rewards (program rewards, including Catering Rewards Dollars, are individually or collectively referred to as “Reward(s)” or “Offer(s)”)

Eligibility.  Jose’s Rewards are limited to persons residing in the United States who are eligible to use the Jose’s Online Services and who download the Jose’s Mobile App (the “App”) and sign-up for a Jose’s account.  You must be at least 18 years of age to redeem Offers in the Jose’s Rewards program.  Some activities and/or offers may only be available to those who are at least 21 years of age.  Jose’s Rewards accounts are limited to one individual per account.  Offers are valid only at participating Jose’s restaurants.  To sign up for a Jose’s Rewards account, download the App to your AndroidTM or iPhone® device and follow the prompts to sign-up and/or sign-in and/or Register in the App. You can also sign up by following the prompts at www.JosesMexicanFood.com and by creating an online account in the rewards section. You will be required to provide the requested information, including, but not limited to, user name, password, name, e-mail address and age. Jose’s may periodically request additional information to help us get to know you better. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you. Jose’s is not responsible for your inability to receive or redeem Offers or other loss arising from your failure to provide and maintain accurate contact information.

Jose’s and participating Jose’s restaurants may send messages from time to time using the contact information provided by you. Such messages may include system updates, flash bulletins, Offer confirmations, administrative announcements, special requests and the like and may be sent via notifications in the App, via e-mail, regular mail, or communicated to you on a receipt or display at the time of use of your Rewards account.

Your participation in any Offer is personal and non-transferable. Offer status and/or individual Offer may not be purchased, sold, bartered, brokered or otherwise transferred. There are no membership fees associated with Jose’s Rewards Offers.  Offers made via Jose’s Rewards are purely promotional offers.  You agree that no portion of your payment for purchases qualifying for any Offer constitutes consideration paid for any Offer.

Offers.  The Jose’s Rewards Offers are issued on a periodic basis. They are referred to as ‘rewards’ or ‘offers’ in the App but may appear with different descriptions from time to time. Upon signing up, you will receive notice via the Jose’s Rewards account of your current Offer.  Once you activate a Jose’s Rewards account, you progress towards an Offer and are eligible to receive special offers, from time to time.  The number, type and frequency of Offers are based on a number of factors, each of which are subject to change, without notice.  Those factors may include, without limitation, volume and type of purchases at participating Jose’s restaurants, number of visits and frequency of visits to participating Jose’s restaurants, interaction with other Jose’s applications or promotions; or special offers made directly by Jose’s Operators or Jose’s which may include ways to progress toward your next Offer via a special promotion.  For Offers that are based on purchases, the following types of purchases at a participating Jose’s restaurant qualify: (1) placing and completing a Mobile order for a qualifying purchase through the App; (2) using your Jose’s Rewards Digital Gift Card to complete a purchase or transaction at a participating Jose’s restaurant; (3) logging into your Jose’s Rewards account online and making an online purchase at a participating Jose’s restaurant; and (4) or completing a transaction at a participating Jose’s restaurant and scanning the digital code linking to your Jose’s Rewards account at checkout.

Jose’s Rewards customers may earn catering specific purchase-based Rewards (“Catering Rewards Dollars”). For every $500 you spend in qualifying Jose’s catering purchases using a registered Jose’s Rewards Account, you will receive Catering Rewards Dollars in two (2) increments of $10.00 each. A qualifying purchase constitutes a catering order that you place in-store or via Jose’s catering online ordering website, with respect to orders fulfilled by participating Jose’s locations.

You must use the App or if placing an online order, be signed in to your Jose’s Rewards account, to complete the qualifying purchase or activity in order for that purchase or activity to count towards your progress to the next qualifying Offer.  Benefits applied from any single qualifying purchase or activity may only be credited to one (1) Jose’s Rewards account.  The qualifying purchase or activity will be applied to your Jose’s Rewards account after completion of the qualifying purchase or activity. In certain cases, it may take twenty-four (24) hours or more to be credited. Jose’s shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your Jose’s Rewards account.

Offers are purely promotional offers and may have certain restrictions including expiration dates and short, time-limited redemption periods.  For free drink or food Offers, some restrictions apply and items are subject to availability at participating Jose’s restaurants.  All Offers must be redeemed prior to the stated expiration date for the Offer and in compliance with any other conditions associated with the particular Offer to be valid.  It is your responsibility to check your Jose’s Rewards account periodically for Offers and use the Offers prior to the stated expiration date.

Activities which allow progress towards Offers do not count towards and may not be combined with other programs.  Activities tied to specific Offers must be fully completed and will only result in one Offer, regardless of the number of times the activity is performed.  Jose’s reserves the right to change, modify or update these Offers and the qualifying purchases and activities to progress to an Offer from time to time without notice. Certain purchases and transactions do not qualify, including, without limitation: (i) purchases of Jose’s gift cards or gift certificates; (ii) purchases or transactions made using an Offer or other promotional item (such as a Complimentary Meal Card); or (iii) catering purchases made as a guest (e.g. made while not signed in to your Jose’s Rewards account), whether made in-store, online or through the App. Jose’s is under no obligation to provide you with any particular number of Offer opportunities or special offers. Jose’s reserves the right to limit enrollment at any time.

Special Offers: Jose’s and participating Jose’s restaurants, in their sole and absolute discretion, may periodically offer the opportunity for additional Offers on particular transactions or special offers (“Special Offers”). Special Offers may also be distributed to you via the App or via e-mail or mail from time to time (based on the information you have in your Jose’s Rewards account). Special Offers may include periodic promotional offers on food, beverages and merchandise.  You must have your App set to receive notifications and/or have opted-in to receive email communications in order to receive promotional and marketing offers. Special Offers may be customized based on your qualifying purchases and preferences. In certain events, Special Offers may require that you have location settings enabled for them to be distributed to your App. Please note that Jose’s and participating Jose’s restaurants may be unable to send these Special Offers to you if you have turned off your notifications or location settings in the App; if you have elected not to receive email communications from Jose’s; or if you have poor network connectivity.  Special Offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Special Offers are personal to you and cannot be shared, copied or transferred. You may be required to present your Jose’s Rewards account information at the participating Jose’s restaurant in order to redeem Special Offers. Read each offer carefully for specific details, conditions, limitations and restrictions.

Redeeming Offers.  To redeem an Offer, you must present the valid Offer in the App or your Joses rewards account at a participating Jose’s restaurant (for in-person transactions) or be logged into your Jose’s Rewards account (for in App or online transactions). Offers are subject to availability and limitations as may be imposed by Jose’s. Determinations regarding redemption of Offers are subject to the discretion of the participating Jose’s restaurant.  Generally, only one Reward may be redeemed per transaction. Multiple Rewards may be redeemed within a single transaction in limited purchasing channels (for example, redeeming Catering Rewards Dollars and placing a catering order online). Rewards (excluding Catering Rewards Dollars) may not be redeemed in connection with catering orders. Catering Rewards Dollars can be redeemed for Jose’s Catering or other in-store or online purchases, subject to other limitations. Rewards (including Catering Rewards Dollars) may not be redeemed for gift card purchases. Rewards may not be redeemed for purchases of alcoholic beverages.

Once redeemed, the Offer will be indicated as redeemed in your Jose’s Rewards account. Updates to the status of Offers may take 24-48 hours or more to show up in your account. A list of current Offers is available under your Jose’s Rewards account.  Offers have no cash value and are not redeemable for cash, gift certificates or gift cards.  Offers are promotional and do not constitute property of any Jose’s Rewards account holder.  Jose’s reserves the right to limit the redemption of specific Offers and limit the number of Offers available. Jose’s reserves the right to modify the number of qualifying purchases or transactions needed to receive specific Offers.

Cancellation and/or Termination.  You may opt-out of Jose’s Rewards Offers at any time, for any reason by cancelling your Jose’s Rewards account by contacting Jose’s Mexican Food Rewards Team at: OnlineTeam@JosesMexicanFood.com and putting ‘Terminate’ in the subject line.  If you cancel your Jose’s Rewards account, any unredeemed Offers and/or progress towards other Offers will automatically expire and will no longer be available for redemption. If you re-enroll at any time, you will start at the introductory Offers level as applicable.

Upon cancellation, your Jose’s Rewards account shall immediately cease and you may no longer receive Offers, redeem Offers previously received, receive Jose’s Rewards benefits, or make purchases using remaining balances on Digital Gift Card funds accessible via your Jose’s Rewards account. Jose’s has no obligation to compensate you for any unredeemed Offers or benefits following cancellation, or for unused balances on Digital Gift Cards accessible via your Jose’s Rewards account. Jose’s may not refund any unused balances on Digital Gift Card funds accessible through your Jose’s Rewards account (including via credit back to a credit card from which such funds may have been loaded to the Digital Gift Card), unless required by law. Upon request Jose’s will refund unused gift card balances with the original receipt or Jose’s will upon request at the time of cancellation of your Jose’s Rewards account transfer any unredeemed Digital Gift Card balances accessible through your Jose’s Rewards account to a physical Jose’s gift card that you may use to make future purchases or gift to a person of your choosing.  Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.

Jose’s reserves the right to suspend or terminate, at Jose’s sole and absolute discretion, any Jose’s Rewards account if Jose’s believes that the account holder has abused Jose’s Rewards privileges, has violated or acted inconsistently with these Jose’s Rewards Terms and Conditions or applicable law or acted in a manner harmful to our interests. Jose’s further reserves the right to terminate a Jose’s Rewards account that has been inactive for a period of three (3) years or more.  You understand and agree that termination by Jose’s of a Jose’s Rewards account will result in in the cancellation of all Offers associated with that account and the inability to earn and/or redeem further Offers, as well as inability to access or use any remaining balances on Digital Gift Cards accessible via your Jose’s Rewards account.  Upon termination of your Jose’s Rewards account, Jose’s will not refund any unused balances on Digital Gift Card funds accessible through your Jose’s Rewards account (including via credit back to a credit card from which such funds may have been loaded to the Digital Gift Card), unless required by law.  Jose’s will upon request at the time of termination of your Jose’s Rewards account transfer any unredeemed Digital Gift Card balances accessible through your Jose’s Rewards account to a physical Jose’s gift card that you may use to make future purchases or gift to a person of your choosing.

Jose’s reserves the right to terminate Jose’s Rewards Program Offers, or any or all benefits under Jose’s Rewards Offers, at any time, for any reason. In the event Jose’s elects to terminate Jose’s Rewards Offers, Jose’s will provide a notice of termination in accordance with these Terms, as they may be modified or amended from time to time. In the event of such termination, at Jose’s election, Jose’s may allow you to redeem any outstanding valid and unexpired Offers at a participating Jose’s restaurant until expiration of such Offers. ANY UNREDEEMED AND UNEXPIRED OFFERS SHALL BE CANCELLED AT THE LATER OF (1) THE EXPIRATION OF THE THEN-CURRENT OFFERS OR (2) NINETY (90) DAYS AFTER JOSE’S REWARDS OFFERS PROGRAM TERMINATION.

General Restrictions.  Jose’s shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Rewards Offers Terms and Conditions and any decision it makes relating to termination or disabling of Jose’s Rewards your Jose’s Rewards account or of the overall Jose’s Rewards Offers Program (including, but not limited to, cancellation of specific Offers) shall be final and binding.  Should you object to any of these One Offers Terms and Conditions, or any subsequent modifications thereto, or become dissatisfied with Jose’s Rewards Offers, your sole remedy is to discontinue participation in Jose’s Rewards Offers programs and properly cancel your account in the manner provided above.

Governing Law.  Any dispute, claim, or cause of action against Jose’s arising from these Terms of Use or any use of Jose’s Online Services (“Dispute”) shall be governed by and construed in accordance with the laws of the State of California, without giving effect or regard to any principles or doctrines of conflicts of law.

Copyright Infringement Notification.  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on the Jose’s Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

If you believe that your work has been improperly copied and posted on the Jose’s Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable Jose’s Online Service and a description of where the Material that you claim is infringing is located within such Jose’s Online Service; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.

Notices and counter-notices should be sent to:

Jose’s Mexican Food, Inc.
ATTN: Marketing – DMCA Manager
OnlineTeam@JosesMexicanFood.com

1188 Leiske Dr.
Rialto, CA 92376
909-693-1499

DMCA details are available at http://www.copyright.gov/onlinesp/.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

Login and Registration.  Certain programs, offers, features, or services offered on or through the Jose’s Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Jose’s immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Jose’s or any other Jose’s Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

You may not use anyone else’s login at any time without their express written permission. Jose’s shall not be liable for any loss or damage arising from your failure to comply with these obligations.

Mobile Apps.  In order to use Jose’s Online Services made available through a mobile application (“Mobile App”) you must have a compatible mobile device; Jose’s does not warrant that the Mobile App will be compatible with your mobile device.

If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.

Links To Third Party Sites and Social Media Pages.
The Jose’s Online Services may contain links to other third-party websites, including third party online ordering companies, our third-party rewards program provider, and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social media platforms are collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Jose’s and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from a Linked Site, your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

Privacy. Jose’s Privacy Policy applies to use of the Jose’s Online Services and programs, offers, and promotions, and its terms are made a part of these Terms and Conditions of Use by this reference. By accessing and using the Jose’s Online Services you agree to be bound by our Privacy Policy. Please read the Privacy Policy carefully to understand how Jose’s collects, uses and discloses personally identifiable information from its users.

Trademark Information and Ownership of Intellectual Property
Jose’s Mexican Food is owned by Jose’s Mexican Food, Inc. (“Jose’s Properties”) in the United States and other countries. Jose’s is a licensee of Jose’s Properties. The absence of a trademark notice or legend indicating the registration or ownership by Jose’s Properties anywhere in the text of the Jose’s Online Services does not constitute a waiver of Jose’s Properties’ trademark or other intellectual property rights or common law ownership concerning that logo or service mark used or referenced on the Jose’s Online Services.

The Jose’s Online Services, the Materials, logos, service marks, and all other source identifying indicia displayed on the Jose’s Online Services (collectively, the “Jose’s Intellectual Property”) are owned by or licensed to Jose’s Mexican Food, Inc., Jose’s, or others with all rights reserved unless otherwise noted. We do not permit third parties to use Jose’s Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.

Nothing contained on the Jose’s Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Jose’s Intellectual Property without our prior express written permission. You are strictly prohibited from using any Jose’s Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that Jose’s Mexican Food, Inc. and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Electronic Communications.
When you visit the Jose’s Online Services 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 Jose’s Online Services. 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 and Conditions of Use.

No Warranties.  Jose’s makes no representations or warranties regarding the Jose’s Online Services and the Materials.

WE DO NO WARRANT THAT THE JOSE’S ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE JOSE’S ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE JOSE’S ONLINE SERVICES, OR THE RESULTS OBTAINED THERE FROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

THE JOSE’S ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE JOSE’S ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE JOSE’S ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE JOSE’S ONLINE SERVICES.

Limitations of Liability. IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE JOSE’S ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE JOSE’S ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Indemnification. You agree to indemnify, defend, and hold harmless Jose’s Mexican Food, Inc., its Affiliates, its Providers, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the Jose’s Online Services, and the Materials, programs, offers, features, and services made available through the Jose’s Online Services.

International Users and Choice of Law. The Jose’s Online Services are controlled, operated, and administered by us and our service providers made for use in the United States of America. We make no representation that Materials on the Jose’s Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Jose’s Online Services or export the Materials in violation of U.S. export laws and regulations. If you access the Jose’s Online Services from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use and our Privacy Policy shall be governed by the laws of the State of California, U.S.A., without regard to conflict of laws provisions or principles.

No Agency Relationship. Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the Jose’s Online Services, create any partnership, joint venture, employment, or other agency relationship between Jose’s, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.

Violation of these Terms and Conditions of Use and Remedies.  You agree that Jose’s may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Jose’s Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Jose’s. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If Jose’s takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Jose’s. You agree that Jose’s will not be liable to you or to any third party for termination of your access to the Jose’s Online Services as a result of any violation of these Terms and Conditions of Use.

 

Entire Agreement, Claims Limitations, and Severability. These Terms and Conditions of Use, together with our Privacy Policy and any other applicable terms included within the Jose’s Online Services, and/or the Materials, programs, offers, features, and services made available through the Jose’s Online Services, as each is currently posted on the Jose’s Online Services, constitute the entire agreement between us and you with respect to your use of the Jose’s Online Services and the Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Any cause of action you may have arising out of or relating in any way to the Jose’s Online Services must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use and Privacy Policy shall continue in full force and effect.

 

Contact Information
If you have any questions about Jose’s Online Services or these Terms and Conditions of Use, or to report violations of these Terms and Conditions of Use, please contact us at:

Jose’s Mexican Food, Inc.
1188 Leiske Dr.
Rialto, CA 92376

Email: OnlineTeam@JosesMexicanFood.com

Last Updated
Terms and Conditions of Use last updated on November 15, 2018.

Privacy Policy

Jose’s Mexican Food, Inc. Privacy Policy

Jose’s Mexican Food, Inc. takes your privacy very seriously. Please carefully read this Privacy Policy and familiarize yourself with our privacy practices regarding your personal information and how we will use it. This privacy statement (“Statement”) applies to the website located at josesmexicanfood.com, Jose’s mobile applications, any other websites or applications associated with Jose’s Mexican Food brands or products that direct the viewer or user to this statement, and any third-party service providers used by Jose’s Mexican Food, Inc. In this Statement the terms “Jose’s,” “we” and “us” refers to Jose’s Mexican Food, Inc. and its respective subsidiaries, affiliated companies and third-party service providers.  The term “your device” refers to any computer, tablet, smart phone or other device you are using to access our websites or to operate the Jose’s mobile applications and or in-store WiFi.

If you have any questions regarding this privacy policy, please contact us via the contact information provided at the end of the policy.

Information Collected and Covered by this Policy

As you use our websites and mobile applications or visit one of our stores, Jose’s and its third-party service providers collect information about you and the services you use from a variety of sources, including information you provide directly to us, and information we collect about you when you interact with us.  For example, we and our third-party service providers collect information both directly and indirectly from you when you:

  • access or use our websites, mobile applications, and online services or programs to review content including videos or images, where this Privacy Policy is posted or linked (collectively, “Jose’s Online Service”);
  • order and/or purchase any of our products or services;
  • contact or communicate with us;
  • create an account with us;
  • request information from us;
  • register for any event or program, and/or participate in any event, program, contest, surveys, or other promotion that we may offer from time to time (collectively, “Promotions”);
  • begin or complete the application process for a career opportunity, or for employment by Jose’s Mexican Food, Inc.
  • access or use Jose’s pages or accounts on any third-party social media platforms such as Facebook, Twitter, Instagram or Foursquare (“Social Media Pages”);
  • use sign-in services that allow you to use third-party login credentials to access the Jose’s accounts or pages;
  • sign-up for communications (e.g., rewards program, email club, text messages, or social media notifications) from us;
  • provide or submit comments, stories, suggestions, or other content or input to us;
  • interact with Jose’s Online Services via mobile, tablet or laptop device; and/or otherwise interact with us and Jose’s Online Services.

We may combine any of the information collected about you for the purposes described in this Privacy Policy.

When you link your social media account or engage with Jose’s Social Media Platforms, you understand that you may be allowing us to have ongoing access to certain information stored on those social media sites (e.g., your public profile, friend list, people you follow or who follow you, your email address, birthday, work history, education history, interests, current city, website, personal description, and likes, and your friends’ birthdays, education histories, personal descriptions, and likes). We may receive certain information about you which is stored on social media sites if other users of those sites give us access to their profiles and you are one of their friends or connections depending upon your settings on those third-party social networking sites. We may also receive other information (e.g., content viewed and information about the advertisements within the content you have been shown or may have clicked on, etc.) from your interaction with our Social Media Pages. The information we have access to from the third-party social media websites varies by website and is controlled by your privacy settings on that website and by your consent. The information that may be passed to analytics providers and advertising partners is via cookies and tracking technologies. By associating an account managed by a third-party with your Jose’s account and authorizing us to have access to this information, you agree that we may collect, use, and store information from these websites in accordance with this Privacy Policy.

We collect and use the personal information of our customers as reasonably necessary to facilitate our interactions with you and better customize your experience and interactions with Jose’s. We are committed to handling your personal information in a manner that respects your privacy. This Statement, as amended from time to time, describes that commitment and the uses to which customer information may be put.

Personal Information. Some of the information collected by Jose’s and our third-party service providers falls under Personal Information which may be provided by you or on your behalf. This information may include your:

  • name;
  • address;
  • telephone numbers (including mobile numbers);
  • email addresses;
  • date of birth and/or age;
  • demographic information; and/or
  • financial information (e.g., credit and debit card numbers).
  • photos; and/or
  • any other personal information that you share with us (e.g., via a survey or otherwise).

We do not require you to provide any information related to your racial origin, religious beliefs, or sexual orientation.

When you use the fingerprint login features on your Apple or Android devices, we do not receive your fingerprint data. Your mobile phone’s authentication mechanism helps us verify that it is you.

Transaction Data. We and our third-party service providers may also collect information, including Personal Information, relating to your purchases from Jose’s and Licensees, such as the authorization code of the transaction, payment method, the date and time of the transaction, items purchased, and the purchase price (“Transaction Data”).

Information Collected Automatically. We and our third-party service providers use Traffic Data, Cookies, Web Beacons, and other tracking technologies to automatically collect certain information from you when you use Jose’s Online Services. The following are examples of information we may collect with these technologies:

  • your IP address, browser type, and operating system;
  • your device attributes including but not limited to device ID and other information for probabilistic and/or deterministic fingerprinting to create device graphs;
  • pages you view within Jose’s Online Services (including videos viewed);
  • websites you visited before coming to Jose’s Online Services;
  • emails from us that you open and/or forward; and/or offers or links from us to which you connect.

We use this information to personalize your online experience and for marketing purposes.

Traffic Data. Jose’s Online Services automatically track and collect your IP address, domain server, type of computer, and type of web browser (collectively, “Traffic Data”) for our marketing purposes and to manage and improve Jose’s Online Services.

Cookies. We also use cookies, which are small text files that are stored on a user’s computer and allow websites to remember information about users (“Cookies”). We use Cookies to monitor how Jose’s Online Services are used, for marketing purposes, and to help personalize and improve Jose’s Online Services. Most browsers automatically accept Cookies. You have the choice to set your browser to accept or reject Cookies. Each browser is different, so check the “Help” menu of your browser to learn how to change your Cookie preferences. You can also learn more about Cookies at the following websites:

For Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.mspx;

For Mozilla Firefox: https://support.mozilla.org/en-US/products/firefox/protect-your-privacy/cookies;

For Safari: http://support.apple.com/kb/HT1677; and/or http://support.apple.com/kb/HT1677

If you choose to decline Cookies, you may not be able to fully experience the interactive features of our Jose’s Online Services or programs, features, and services made available through any of Jose’s Online Services.

Web Beacons. Certain pages on Jose’s Online Services and Social Media Pages may contain web beacons (also known as Internet tags, pixel tags, and clear GIFs), which are small bits of code embedded in pages or images on Jose’s Online Services and Social Media Pages (“Web Beacons”). We may also include Web Beacons in e-mails we send to you to learn if messages have been opened, acted on, or forwarded. You can disable the ability of Web Beacons to capture such information. Please refer to the “Help” menu of your browser to learn more about Web Beacons and your ability to disable them.

Other Technologies. We and our third-party service providers may also utilize other tracking technologies. For example, if permitted by applicable law, we may collect “referrers” and various environmental variables. A “referrer” is information the web browser passes along to our or our third-party service provider web servers, which refers to the URL from which you accessed Jose’s Online Services. Environmental variables may include, among other things, the domain from which you access the Internet, the time you accessed Jose’s Online Services or Social Media Pages, the type of web browsers and operating system or platform used, the Internet address of the website you left to visit Jose’s Online Services or Social Media Pages, the names of the web pages you visit, and the Internet address of the website you visit next. These environmental variables are collected by most websites. We use these technologies for marketing purposes and to optimize user’s experience with Jose’s Online Services.

We treat information automatically collected as non-personally identifying information. Such information may be combined with your Personal Information so that we can improve and customize Jose’s Online Services and our communications and Promotions. To the extent that information automatically collected is combined with Personal Information, we treat the combined information as Personal Information for the purposes of this Privacy Policy.

You may encounter tracking technologies/cookies from our third-party service providers, that we have allowed on our Jose’s Online services.  We do not control the tracking technologies used by third party providers.

We may target and track the videos you view on Jose’s Online Services. You consent to our tracking of your video viewing through the Jose’s Online Services or third-party social media for up to two years or as permitted by applicable law or until you withdraw consent.

Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on certain Jose’s Online Services. Google Analytics collects information such as how often you visit Jose’s Online Services, what pages you visit within Jose’s Online Services, and what other sites you visited prior to coming to the applicable Jose’s Online Service. We use the information provided by Google Analytics to improve Jose’s Online Services. For more information regarding how Google collects, uses and shares your information please visit http://www.google.com/policies/privacy/partners/. Google provides users more choice on how their data is collected by Google Analytics by developing an Opt-out Browser Add-on which can be located at: http://tools.google.com/dlpage/gaoptout?hl=en. By installing this Add-on, no information is being sent to Google Analytics.

Do Not Track Notice. At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, Jose’s Online Services are unable to respond to Do Not Track Signals. We do not, however, currently track your Personal Information over time and across third-party websites.

Jose’s does not allow third parties to collect Personal Information about your online activities when you use Jose’s Online Services for such third-party use. We do use third party web analytics services on Jose’s Online Services, such as Google Analytics, to help us obtain and analyze information about your browsing or usage habits but this information does not include Personal Information other than your IP address. 

California’s “Shine The Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year. If you would like this information sent to you, please contact us by utilizing the forms of contact, listed at the end of this policy.

Mobile Applications/WiFi Services. In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications or WiFi services including the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications.

Location Information. Jose’s and our third-party service providers may collect, use, and share location data, including the real-time geographic location of your device. We use such information to provide and improve location-based products and services. You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your mobile location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.

Information Use. We use your information that we collect, including Personal Information, for a variety of business purposes, including:

  • providing our products and services to you;
  • processing payments;
  • communicating with you regarding our restaurants, products, services, events, Promotions, other offers;
  • tailoring our products, services, Promotions, communications, and Jose’s Online Services, and advertisements to your interests;
  • creating and managing your accounts with us (e.g., Jose’s Club, text messaging, online registration for events, online ordering, mobile payments, etc.);
  • administering our Promotions and other offers;
  • responding to your inquiries, comments, stories, or postings;
  • improving and customizing our products, services, Promotions, and Jose’s Online Services;
  • for internal operations such as enhancing our product and service offerings, marketing efforts, and to conduct research and analysis;
  • developing new products, services, and Promotions;
  • for marketing purposes; to prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities.
  • to enforce our Terms of Use; and/or
  • to protect the security and integrity of our business and Jose’s Online Services.

Information Sharing and Disclosure. We share and disclose your Personal Information under the following circumstances:

  • with third parties that provide a variety of services on our behalf, including the development, maintenance, and support of Jose’s Online Services and Social Media Pages, payment processing, online and mobile application ordering, the distribution of email and mobile messages, Promotions, ad serving, marketing, and marketing research and analysis;
  • within Jose’s and with its Affiliates (as such terms are defined above in this Privacy Policy);
  • with our Operators and Licensees in order to provide our products, services, and Promotions to you, and for marketing purposes;
  • to comply with law, a court order, or other legal process, or in connection with a legal investigation;
  • as may be necessary to protect the safety, property, or other rights of Jose’s, its Affiliates, and Licensees, and our and their respective employees, customers, visitors, users, or any other person or entity;
  • to enforce any applicable terms and conditions and other agreements;
  • in the event of a corporate transaction;
  • in aggregated or other non-personally identifiable form; and/or
  • in accordance with your consent.

We do not sell your Personal Information to third parties for their marketing purposes.

User Generated Content. Jose’s Online Services and Social Media Pages may allow users to post messages and submit their own content (e.g., stories, comments, blogs, postings, etc.), which may include Personal Information. You are responsible for all actions resulting from any information, including Personal Information, which you post on Jose’s Online Services or Social Media Pages. Please remember that any information you post becomes public information, is not subject to this Privacy Policy, and Jose’s is not responsible for the results of such postings.

Collection and Use of Personal Information of Jose’s Mexican Food, Inc. Employment Applicants

If you complete an application for employment with Jose’s Mexican Food, Inc., or request information regarding such opportunities, we collect Personal Information that you provide in connection with your request for information and/or to evaluate your application for employment with Jose’s Mexican Food, Inc., We may also collect Personal Information about you from third parties to supplement, update, or verify your information, and/or to process your application for consideration as a Jose’s Mexican Food, Inc. employee. Applicable law may require that you authorize a third party to share your Personal Information with us before we can acquire it. Failure to provide any requested information may negatively impact consideration of your employment application. By applying to become an employee of Jose’s Mexican Food, Inc. you consent to our collection, use, and disclosure of your Personal Information in this manner.

Your Choices. You can opt out of receiving promotional emails and messages by changing your preferences, updating, and or deleting your online account. You may also follow the opt out instructions in the promotional emails we send you. By downloading and using our mobile application you may receive promotional messages, offers, news and information about Jose’s or our partners within the mobile application and “push notifications.” These “app” messages are part of our mobile applications functionality and cannot be turned off.  If you do not want to receive the “app” messages, offers, news and information, do not download our mobile application.

Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your accounts or purchases.

You may exercise your choices by contacting us via the Contact Information provided at the end of this Privacy Policy, or following instructions provided in communications sent to you. Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation. Please be aware that, if you do not allow us to collect and use your Personal Information, we may not be able to deliver certain products, services, Promotions, and offerings to you.

Children’s Privacy. Jose’s online services is not directed toward children under 18 years of age nor do we knowingly collect Information online from children under the age of 18. If you are under 18, please do not use Jose’s online services or submit any personally identifiable information to us.  Please contact us via the Contact Information provided below if you believe we may have collected such information of someone under 18 or other than in a manner authorized by law, and we will work to delete it.

Information Security. We seek to keep your Personal Information secure and implement reasonable technical, administrative, and physical safeguards to help us protect such information from unauthorized access, use, and disclosure. When we collect or transmit sensitive information such as a credit card number, we use industry standard methods to protect that information. We also request that our third-party service providers use commercially reasonable security measures to protect your information from unauthorized access or use. However, no method of electronically transmitting or storing data is ever completely secure, and therefore, we cannot guarantee that your information will never be accessed, used, or disclosed in a manner that is inconsistent with this Privacy Policy. 

Links, Third-Party Websites, and Social Media Platforms. Jose’s Online Services and our communications (including e-mails) may contain links to other third-party websites, including, without limitation, the websites of our operators and licensees, and social media platforms such as Facebook, Twitter, or Foursquare (such third-party websites and social media platforms are collectively referred to herein as “Linked Sites”). We are not responsible for the privacy practices, policies, or content of any Linked Sites, even if you link to them from Jose’s Online Services or our communications. This Privacy Policy does not apply to any Linked Sites. We have no control over the collection or use of information, including Personal Information, on any Linked Site. We encourage you to read and understand the privacy policies of any Linked Sites that you visit.

E-mail Security. “Phishing” is a scam designed to steal your Personal Information. If you receive an e-mail that looks like it is from us asking you for your Personal Information which you suspect may be a scam, please notify us as provided in the Contact Information section included at the end of this Privacy Policy.

Data Transfers. We may transfer the personal information we collect about you to countries other than the country in which the information originally was collected. The data protection and other laws of such other countries might not be as comprehensive as those in your country. By providing your information, you understand that it may be transferred to our facilities and to those third parties with whom we share it as described in this Privacy Policy.

Changes to this Privacy Policy. We may revise this Privacy Policy from time to time effective upon posting the revised Privacy Policy, along with the date on which it was most recently updated, on Jose’s Online Services. Please check our Privacy Policy periodically to see if it has been updated. If a change to this Privacy Policy materially affects the use or disclosure of your Personal Information, such change will be communicated through our website.  Your continued use of Jose’s Online Services and/or provision of your information thereafter constitute your acceptance of such changes. Please contact us as described below if you would like information regarding any changes.

Understanding and Consent. By using Jose’s Online Services, you agree to the privacy policy described above.

 

Contact Information

If you have any questions about this Privacy Policy or our use of your Personal Information, please contact us in any of the ways set forth below.

 

Address:
Jose’s Mexican Food, Inc.
1188 Leiske Dr.
Rialto, CA 92376
Attn: Jose’s Online Services
Via the email: DigitalTeam@JosesMexicanFood.com

Loyalty program provider Contact Info:
Email: support@spoonity.com
Phone: 1-855-600-5074

Last Updated
Privacy Policy last updated on November 8, 2018.

Jose's Rewards Terms & Conditions

JOSE’S REWARDS TERMS & CONDITIONS

Jose’s Rewards Terms & Conditions

Jose’s Rewards Membership Terms

Last Updated: November 25,2018

These terms and conditions govern the Jose’s Rewards Membership Program with respect to enrollments beginning November 25, 2018 or later (the “Program”).

Jose’s Rewards Program. The Jose’s Rewards program is operated by Spoonity, Inc. and is subject to the following additional terms and conditions (the “Spoonity Terms and Conditions”). If you do not agree with the terms of use and conditions, do not use the Jose’s Rewards Program.

The Jose’s Rewards Membership Program is operated by spoonity for Joses Mexican Food, Inc. (“Jose’s”) and subject to the terms and conditions provided below and www.josesmexicanfood.com/online-policies (incorporated by this reference) (collectively, the “Terms”).

Eligibility. Participation in the Program is limited to persons residing in the United States who are eligible to use Jose’s Online Services. You must be at least 18 years of age to participate in the Program or to redeem Guest Offers (as defined below). Individuals under the age of majority in their jurisdiction must obtain permission from a parent or legal guardian to participate in the Program. Certain aspects of the Program are only available to those who are at least 21 years of age. Jose’s Rewards accounts are limited to one individual per account. No business entities, organizations, or groups may register for the Program.

Program Description. The Program is a customer loyalty program that allows Members (as defined below) to receive and redeem loyalty points (“Points”) for Rewards (as defined below) and Member Benefits (as defined below) on an individual basis for their own account. Members may receive Points and Member Benefits based on a number of factors (as described below) through qualifying purchases, participating in activities or events, achieving certain Program milestones, or other actions or opportunities as may be presented by Jose’s from time to time. These Terms provide a general overview of the Program.

There is no fee associated with the Program. Participation in the Program is personal and non-transferable. Points, Rewards and Member Benefits may not be gifted, purchased, sold, bartered, brokered or otherwise transferred, except that the Program may allow a Member to donate or gift Points and/or Rewards in certain limited instances. Points, Rewards, and Member Benefits available via the Program have no cash value, are not redeemable for cash, gift certificates or gift cards, are purely promotional and do not constitute property of any participant. No portion of any payment for purchases qualifying for the Program or any Points, Member Benefits, or Rewards constitute consideration paid for any of the foregoing. Jose’s reserves the right to limit the redemption of specific Rewards and Member Benefits and limit the number of Points, Rewards, and Member Benefits available.

Joining the Program. To participate and enjoy the full benefits of the Program and be eligible for the benefits of a Member, eligible individuals must enroll and become a member of the Program (“Member”). Jose’s reserves the right to limit participation and enrollment at any time.

How to Sign Up: To become a Member, you must have a valid Jose’s Rewards account. Sign-up for a Jose’s Rewards account by:

  • Downloading the Jose’s App (“App”) to your Android™ or iPhone® device and follow the prompts to access account sign-up and/or sign-in page in the App.
  • Following the prompts at [www.JosesMexicanFood.com/Rewards] to create an online account.
  • Joining through a special promotion or event offered by Jose’s from time to time.

Certain select customers may be automatically enrolled as Members in the Program. If you are automatically enrolled, you will still be required to accept these Terms in order to complete your enrollment and participate in the Program, including to receive any Points or Member Benefits, and you will be prompted to accept these Terms upon initial log-in to your Jose’s Rewards account.

Upon sign-up, you will be required to provide the requested information, including, but not limited to, name, password, and e-mail address. Jose’s may periodically request additional information to help us get to know you better. You agree to provide true and accurate information and to ensure that information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you. Jose’s is not responsible for your inability to receive or redeem Points, Member Benefits, or Rewards or any other loss arising from your failure to provide and maintain accurate contact information.

Jose’s and participating Jose’s restaurants may send messages from time to time using the contact information provided by you. Such messages may include system updates, flash bulletins, Program confirmations, administrative announcements, special requests and the like and may be sent via notifications in the App, via e-mail, regular mail, or communicated to you on a receipt or display at the time of use of your Jose’s Rewards account.

Points, Rewards and Member Benefits. The benefits available to Members through the Program are based on a number of factors, including without limitation the frequency of visits, the number of loyalty points, the volume and type of purchases made, Jose’s Rewards club usage, types of personal information provided, and type and amount of participation in and/or interaction with Jose’s and/or activities, other Programs and/or applications.  Rewards may be issued by Jose’s on a periodic basis and may not be identified to you in advance.  Jose’s is under no obligation to provide Members with any particular number of Point-earning opportunities, special offers, or to send messages to them.

Points.

Purchase Activity. Member will receive Points for qualifying purchases and transactions following enrollment as a Member in the Program by completing one of the following purchases at a participating Jose’s restaurant: (1) placing and completing a Mobile order for a qualifying purchase through the App; (2) using your Digital Gift Card via in-app QR Code from the App; (3) logging into your Jose’s Rewards account online and making a qualifying purchase online; (4) scanning the digital code linking to your Jose’s Rewards account at checkout at a participating Jose’s restaurant. Certain purchases and transactions do not qualify, including, without limitation: (i) purchases of Jose’s gift cards or gift certificates; (ii) purchases or transactions made using Points, Rewards or other promotional item (such as a Complimentary Meal Card or Guest Offer (as defined below)); or (iii) catering purchases made as a guest (e.g. made while not signed in to your Jose’s Rewards account), whether made in-store, online or through the App. You will not receive Points for any amounts paid in sales, use or other transactional taxes.

Jose’s customers may earn catering specific purchase-based Rewards (“Catering Rewards Dollars”). For every $500 you spend in qualifying Jose’s catering purchases using a registered Jose’s Rewards account, you will receive Catering Rewards Dollars in two (2) increments of $10.00 each. A qualifying purchase constitutes a catering order that you place (i) in-store or via Jose’s catering website, with respect to orders fulfilled by participating Jose’s locations. The amount of the qualifying purchase equals the amount paid for food and beverages after application of any applicable discounts and/or Rewards redeemed, exclusive of taxes, tips, delivery, service, cancellation or other fees, and exclusive of gift card purchases.

Milestones, Events, Promotional Activities. From time to time, Jose’s or others acting with our permission, may offer Members opportunities to earn Points, such as by inviting you to engage in certain promotional activities, upon achieving certain Program milestones, or other actions or opportunities as may be presented. Points for such activities or milestones will be awarded as described in the applicable offer and will be subject to any additional terms set forth with that offer.

Points are automatically tracked at the time of the qualifying purchase, transaction or activity. Points for any single qualifying purchase or activity may only be credited to one (1) Jose’s Rewards account. Points will be credited to the Jose’s Rewards account upon consummation of the qualifying transaction or activity garnering Points. In certain cases, it may take twenty-four (24) hours or more for Points to be credited. Jose’s shall not be responsible for, or liable to, any Member, person or entity, in any way for any losses, costs or expenses incurred by a delay or error in crediting Points or Member Tier benefits to a Member’s Jose’s Rewards account.

Available Points totals for a Member account will be displayed in your Jose’s Rewards account in the App or log into your account through our website at www.JosesMexicanFood.com

Redeeming Rewards. To redeem Points for various available Jose’s rewards (“Rewards”), you must access the Rewards section on the App or log in to your account online at www.JosesMexicanFood.com to view Rewards available for redemption and select to redeem an available Reward. You must have at least enough unredeemed and unexpired Points in your Jose’s Rewards account (“Available Points”) for the Reward you wish to redeem. Rewards available to redeem for points may change at any time, at Jose’s discretion. In any single transaction, only one Jose’s Rewards account may be used to redeem Points for Rewards. Points accrued by a Member in any purchase or transaction may only be redeemed for Rewards in a separate, subsequent purchase or transaction. Rewards provided to Members have set terms and will expire in accordance with the terms stated for that Reward. Determinations regarding redemption of Points are subject to Jose’s discretion.

Points will be subtracted from the Member’s Jose’s Rewards account when a Reward is requested based on the total Points for the requested Reward. Points will be restored to a Member’s Jose’s Rewards account only in the event Jose’s determines, in its sole and absolute discretion, that the Reward requested by that Member is unavailable or cannot be delivered. Jose’s reserves the right to limit the redemption of specific Rewards and limit the number of Rewards available at any particular Member status.

Special Member Benefits. Jose’s and participating Jose’s restaurants, in their sole and absolute discretion, may periodically offer the opportunity for additional Member Benefits on particular transactions or special offers (“Member Benefits”). Member Benefits may be distributed via the App, online or via e-mail or mail from time to time (based on the information you have in your Jose’s Rewards account). Member Benefits may include periodic promotional offers on food, beverages and merchandise, invitations to special events, or related benefits. You must have your App set to receive notifications and/or have opted-in to receive email communications in order to receive promotional and marketing offers in App or via e-mail. Member Benefits may be customized based on your qualifying purchases and preferences. In certain events, Member Benefits may require that you have location settings enabled for them to be distributed to your App. Please note that Jose’s and participating Jose’s restaurants may be unable to send these Member Benefits to you if you have turned off your notifications or location settings in the App; if you have elected not to receive email communications from Jose’s; or if you have poor network connectivity. Member Benefits may have certain restrictions including expiration dates and short, time-limited redemption periods. Member Benefits are personal to you and cannot be shared, copied or transferred. You may be required to present your Jose’s Rewards account information at the participating Jose’s restaurant in order to redeem Member Benefits. Read each offer carefully for specific details, limitations and restrictions.

Guest Offers. Individuals that have a Jose’s Rewards account, but do not enroll in the Program as a Member may receive offers on a periodic basis. They are referred to as ‘offers’ and ‘rewards’ but may appear with different descriptions from time to time (“Guest Offers”). In order to receive Guest Offers, eligible individuals must access their valid Jose’s Rewards account via [www.JosesMexicanFood.com] or via the App to obtain the QR Code for the Guest Offer. The number, type and frequency of Guest Offers are based on a number of factors, each of which is subject to change, without notice. Guest Offers are purely promotional offers, have no cash value and do not constitute property of the recipient. Guest Offers may have certain restrictions including expiration dates and short, time-limited redemption periods. Restrictions apply and items are subject to availability at participating Jose’s restaurants. All Guest Offers must be redeemed prior to the stated expiration date to be valid. It is your responsibility to check your Jose’s Rewards account periodically for Guest Offers and use the Offers prior to the stated expiration date. To redeem a Guest Offer, you must present the valid Guest Offer at a participating Jose’s restaurant (for in-person transactions) or be logged into your Jose’s Rewards account (for in App transactions). Determinations regarding redemption of Guest Offers are subject to the discretion of the participating Jose’s restaurant. Updates to the status of Guest Offers may take 24-48 hours or more to show up in your Jose’s Rewards account. A list of current Guest Offers and redeemed and expired Guest Offers are available under your Jose’s Rewards account.

Expiration of Points and Rewards; Inactive Accounts. Unredeemed Points expire 10 months after they are earned and/or upon the termination of your Jose’s Rewards account as described below. When you redeem your Points for Rewards, your oldest Available Points are used first. If you have any questions as to when your Points will expire, please contact Jose’s. Member Benefits expire in connection with the terms provided with that Reward or Member Benefit. Once Points expire or are used to redeem a Reward, the Points will be removed from a Member’s account. Points will not be added back to a Member’s account if the Member does not use a Reward before it expires.

Jose’s reserves the right to cancel a Member’s Program registration and Jose’s Rewards account if the Member’s account remains inactive for a period of two (2) years or more. Accordingly, once you register for the Program, if you do not make a purchase or engage in an activity for which you will receive Points within your Member account within two (2) years after your initial registration or the last recorded purchase or activity for which you received Points, Jose’s reserves the right to cancel your account. You understand and agree that cancellation by Jose’s of a Jose’s Rewards account or Program membership will result in the cancellation of all Points, Rewards, Member Benefits, and the inability to earn and/or redeem further Points, Rewards, and Member Benefits.

Cancellation; Termination. You may opt-out of the Program at any time, for any reason by cancelling your Jose’s Rewards account by emailing Jose’s at; OnlineTeam@JosesMexicanFood.com and putting Terminate Account on the Subject line. Be sure you email us from the email that is connected to the Rewards Account. If you cancel your Jose’s Rewards account, any unredeemed Points, Rewards and Member Benefits will automatically be cancelled and will no longer be available for redemption. If you re-enroll at any time, you will start as applicable. Jose’s reserves the right to suspend or terminate, at Jose’s sole and absolute discretion, any Jose’s Rewards account if Jose’s believes that the account holder has abused Jose’s Rewards privileges, has violated or acted inconsistently with these Terms or applicable law or acted in a manner harmful to our interests.

Upon cancellation or termination for any reason, your Jose’s Rewards account shall immediately cease and you may no longer receive Points, Rewards, or Member Benefits. Jose’s has no obligation to refund you for any unredeemed Points, Rewards, Member Benefits, or other benefits of the Program following cancellation. Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.

Jose’s reserves the right to change, modify or terminate the Program, or any or all benefits under the Program or any policy pertaining to the Program, at any time, for any reason, including our right to discontinue or change the Member Points Structure or change the expiration date or redemption value of Points or Rewards, merge the Program with another program or to adjust how Points or Rewards are received, calculated or redeemed.

If Jose’s elects to terminate or modify in a material way the Program or any benefits or policies, Jose’s will provide a notice of the material modification or termination by posting the modifications or notice of termination on the Jose’s Rewards Program Page and update the Last Updated date. We may also attempt to notify you in other ways. Any modifications will become effective immediately after such posting or other such notification. We encourage you to review these Terms regularly for modifications. In the event of such termination, at Jose’s election, Jose’s may allow you to redeem any outstanding valid and unexpired Points and Rewards at a participating Jose’s restaurant until expiration of such Points or Rewards. ANY UNREDEEMED AND UNEXPIRED POINTS OR REWARDS SHALL BE CANCELLED AT THE LATER OF (1) THE EXPIRATION OF THE THEN-CURRENT REWARDS OR (2) NINETY (90) DAYS AFTER PROGRAM TERMINATION.

General Restrictions. Jose’s shall be the sole arbiter in cases of suspected abuse, fraud, or violation of its Terms and any decision it makes relating to termination or disabling of Program (including, but not limited to, cancellation of Points, Rewards, Member Perks and Guest Offers) shall be final and binding. Should you object to any of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Program, your sole remedy is to discontinue participation in Program and properly cancel your account in the manner provided above.

Jose’s Mexican Food, Inc.
1188 Leiske Dr., Rialto, CA  92376
OnlineTeam@JosesMexicanFood.com

Loyalty program provider Contact Info:
Email: support@spoonity.com
Phone: 1-855-600-5074

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