Terms & Conditions
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Red Bay Coffee's prior written consent. We may revise and update these terms from time to time. All changes are effective immediately when we post them. Your continued use of our website following the posting of revised Terms means that you accept and agree to the changes.
Red Bay Coffee Mobile Application Terms of Service
Effective April 10, 2023
These Red Bay Coffee Mobile Application Terms of Service ("Terms") are between the user (“you”), and Red Bay Coffee (“Merchant”), and describe the terms and conditions that apply to your Red Bay Coffee Mobile Application (the “Merchant App”). By using the Merchant App, you agree to these terms.
These Terms include an Arbitration provision that governs any disputes between you and Merchant. This provision will:
- Eliminate your right to a trial by jury; and
- Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that Merchant may provide notices, disclosures and amendments to these Terms, and other information relating to the Merchant App by electronic means, including posting such materials online at: www.redbaycoffee.com.
About Your Account
In order to access certain features of the Merchant App, you will have to create an account (the “Account”).
You may only create one Account and it is non-transferable. When you create an Account, you agree to provide accurate, current and complete information about yourself. You are responsible for safeguarding your Account and are responsible for activities that occur under your Account. Notify Merchant immediately if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
Merchant makes the Merchant App available to you in partnership with Get Ansa, Inc. (“Program Manager") and Program Manager’s partner bank, First Internet Bank of Indiana, Member FDIC (“Bank”). Your Merchant App allows you to load a U.S. dollar value into Merchant’s account at Bank to create your Account balance for use at participating Merchant stores. The dollar value that you load into Merchant’s Account is a prepayment for the goods and services at Merchant stores. Merchant offers the Merchant App to make it easier for you to access your Account balance to shop with Merchant and to make your relationship with Merchant more rewarding. Unless otherwise required by law or permitted by these Terms, the dollar value you add to your Account balance is nonrefundable and may not be redeemed for cash. Your Account balance is accessible to you through the Merchant App. It does not earn interest.
Most Merchant locations in the United States accept the Merchant App. To find out if a store will accept the Merchant App as a payment method, please inquire at that store or visit: www.redbaycoffee.com.
The Merchant App is not targeted towards, nor intended for use by, anyone under the age of 18.
Loading Value into Your Account
You may not have more than $2,000 in value in your Account balance at any time, and you may not add more than $2,000 to your Account balance in a single day. This also means that your activity on the Merchant App cannot exceed $2,000 over the course of a day. The total value you may load into your Account balance may not exceed $10,000 on any given day. There is a minimum amount that you may load into your Account balance at any given time, and that amount is typically $1. Merchant, Program Manager, or Bank may change any of these amounts at any time without notice to you.
If you use a credit or debit card to fund your Account balance, prior to charging your credit or debit card, an authorization process will occur for the amount of your funding transaction ("Transaction"). The authorization process will validate the credit or debit card number, status, available credit or funds, and billing information to ensure that it matches what the bank or card company has on file. Your bank or Merchant may attempt to contact you for additional information, and you must provide such information, prior to authorizing the Transaction amount.
For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is canceled, Merchant will request an authorization reversal on your behalf. Reversal times may vary. Merchant recommends contacting your bank or credit card company to learn about their authorization and authorization reversal policies.
All amounts loaded into your Account balance are denominated in U.S. dollars.
Use of Merchant App by Businesses
The Merchant App is for your personal use only and should not be used for business purposes.
Promotional Programs
From time to time, Merchant may in its sole discretion, run promotional programs associated with the Merchant App ("Promotions"). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. Merchant reserves the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
Loyalty Program
Merchant offers a loyalty program operated by Block, Inc. whereby making qualifying transactions will help you progress towards earning rewards from Merchant (“Reward Progress”) and reaching a threshold (a "Reward Threshold"). You will be automatically enrolled in the loyalty program when you create your Account. When you reach a Reward Threshold, you will have access to rewards offered by Merchant which can be redeemed automatically the next time you use the Merchant App.
Reward Progress is not redeemable for cash or any other item of value. Your Reward Progress may be forfeited if Merchant has restrictions associated with Reward Progress (e.g. if qualifying transactions must occur within a certain timeframe). You are responsible for ensuring your Reward Progress from qualifying transactions is properly added to your Account. Your Reward Progress can also be reversed by Merchant if any of the items you purchased in connection with a qualifying transaction are subsequently returned. Merchant may also, at Merchant’s discretion, delay any Reward Progress in order to validate or verify a qualifying transaction. Any attempt to earn Reward Progress through the return of merchandise in connection with a qualifying transaction will be considered possible grounds for termination of your Account.
You acknowledge that:
- The redemption of your Rewards (including the granting of any Reward Progress) is subject to the discretion of Merchant and the decision to permit (or to continue to permit) the redemption of your Rewards is made entirely in the sole discretion of Merchant;
- The purchase of any goods from Merchant is subject to the terms and conditions set by Merchant;
- Reward Progress and rewards are not transferable and can only be used in accordance with any terms and conditions provided by Merchant;
- Your use of the Merchant App and your activities in connection with the Merchant App must be lawful and in compliance with these Terms and you may not in any way inhibit any other user from using the Merchant App;
- Merchant and Program Manager are not responsible or liable for any unredeemed, unused or lost rewards;
- Rewards are not redeemable for any sum of money or monetary value; and
- You are solely responsible for use of your rewards in connection with the Merchant App and for use of and access to your Account.
Your only remedy for a failure of a reward is to redeem that reward at a later time and/or to contact Merchant. If you have a dispute over any goods that you purchased from Merchant, you must contact Merchant. Program Manager is not responsible for (and will have no liability regarding) any such goods. You acknowledge and agree that Program Manager and Bank are not a party to any disputes between you and Merchant and have no obligation to resolve any such disputes.
Fees and Expiration of App Balances
Merchant does not charge any activation, service, dormancy or inactivity fees in connection with your Account. Your Account has no expiration date nor does your Account balance ever expire.
Receipts and Transaction History
When you use your Merchant App, Merchant will provide a receipt if you request one. Please check your online transaction history, including your reload Transaction history, regularly to ensure that your transaction history and Account balance are correct. You can check the balance of your Account and review recent transactions, including reload Transactions, on your Merchant App. Merchant will not send you statements of activity on your Merchant App.
Billing Errors, Corrections
Merchant will correct the balance of your Account if Merchant believes that a clerical, billing, or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your Account, please email Customer Service at care@redbaycoffee.com. Assuming you provide sufficient details, Merchant will review your claim and tell you the results of the review. Merchant will correct any error promptly after the review is completed. If Merchant does not find any error, Merchant will explain what was found. Merchant has no obligation to review or correct any billing error unless you provide sufficient notice for Merchant to review your claim within sixty (60) days of the date of the transaction in question.
Fraud Associated with Your Merchant App
Merchant will limit use of your Merchant App or your Account balance, if Merchant reasonably believes that the use is unauthorized, fraudulent or otherwise unlawful, and Merchant considers such action appropriate to limit its risk. Merchant has no liability to you for any third-party fraud or unlawful activity associated with any Account balance. If Merchant suspects or discovers any Account balance was sourced or derived from fraud or other unlawful means, Merchant may in its sole discretion, cancel all impacted Accounts and retain all related Account balances without notice to you. Merchant may use retained Account balances to help offset its liability to card companies, networks, and issuers of lost or stolen credit and debit cards used to load Accounts.
Liability for Unauthorized Transactions
You should treat your Merchant App like cash and not disclose your Merchant App login credentials to anyone. If your Merchant App login credentials are lost or stolen, unauthorized persons may be able use your Account balance. You are responsible for all transactions on your Merchant App, including unauthorized transactions.
If your Merchant App login credentials become lost or stolen, report it as soon as possible by emailing care@redbaycoffee.com. Your Account balance is protected from the time you notify Merchant. Merchant will freeze your remaining Account balance at the time you notify Merchant and will reload that remaining Account balance into your Account once you have secured your Account.
Privacy Statement
Please read the Red Bay Coffee Privacy Policy here and Program Manager’s Privacy Policy here carefully to understand how Merchant and Program Manager collect, use, and disclose information about customers, how to update or change your personal information, and how Merchant communicates with you.
The App Provider
The following terms apply to your use of the Merchant App that is accessed through or downloaded from any app store or app distribution platform (like the Apple App Store or Google Play, who are referred to below as an "App Provider").
These Terms are concluded between you and Merchant, and not with the App Provider. Merchant is responsible for the Merchant App (not the App Provider).
The App Provider has no obligation to furnish any maintenance and support services with respect to the Merchant App.
In the event of any failure of the Merchant App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Merchant App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Merchant App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Merchant’s responsibility.
The App Provider is not responsible for addressing any claims you have relating to the Merchant App or your possession and use of the Merchant App, including, but not limited to: (1) product liability claims; (2) any claim that the Merchant App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Merchant App or your possession and use of the Merchant App infringes that third party's intellectual property rights, Merchant will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the Merchant App, and, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Merchant App against you as a third party beneficiary thereof.
You must also comply with any applicable terms of use provided by the App Provider, when using the Merchant App.
Changes to These Terms
Merchant may amend these Terms at any time. Merchant will post the amended Terms to Merchant’s website at: www.redbaycoffee.com and for a period of thirty (30) days after Merchant posts the amended Terms, Merchant will also post a notice on Merchant’s website stating that these Terms have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time Merchant posts the revised Terms to Merchant’s website. Unless Merchant states otherwise, the change, addition, or deletion will apply to future and existing Accounts. You are deemed to accept the changes, additions or deletions if: (1) you do not notify Merchant to the contrary in writing within twenty (20) days of the date of Merchant’s notice or such other time specified in the notice; or (2) you use the Merchant App after such notice period. If you notify Merchant that you do not accept the changes, additions or deletions, Merchant will cancel your Account and refund any remaining Account balance to you.
Cancellation
Merchant may suspend, disable or terminate your Account and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your violation of these Terms or your fraudulent or unauthorized use of the Merchant App, including your failure to provide valid information. If your Account is terminated, you may not later open a new Account. If Merchant terminates your Account without cause, Merchant will refund or issue store credits equal to your Account Balance, less any amounts that you may owe Merchant. If Merchant terminates your Account for cause, Merchant may, if Merchant deems it appropriate to limit Merchant’s losses, retain any Account balances in your canceled Account.
You may cancel your Account at any time by contacting Merchant. If you cancel your Account, you will lose all of your accumulated rewards and Reward Progress. Any Account balance will be refunded or issued to you as store credits.
Accounts that remain inactive for more than 6 months may be subject to cancellation at Merchant’s discretion. Once your Account is canceled (whether by you or by Merchant), you will no longer be able to access your Account. Merchant will not be liable to you or to any third party for the suspension or cancellation of your Account, or your access to or use of the Merchant App. Once your Account is canceled, you understand and acknowledge that Merchant will have no further obligation to provide access to your Account, your Account balance or the Merchant App to you or access to any of your Account information. If you wish to reactivate your Account or please contact Merchant at care@redbaycoffee.com. If you are unable to reactivate your Account, you will need to create another Account in order to use the Merchant App. If you would like a refund of the Account balance in your canceled Account, please contact Merchant at care@redbaycoffee.com. Please note that certain states require that Merchants turn unclaimed funds over to the state. This may happen if your Account remains canceled for a long time. If this happens to your Account balance, you will need to contact the relevant state to reclaim your funds.
Arbitration
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Red Bay Coffee Mobile Application Terms, your Account, your Account balance, the Merchant App and your relationship with Merchant. Any dispute or claim arising out of or relating to these Terms, your Account, your Account balance or your use of the Merchant App and your relationship with Merchant, Program Manager or any subsidiary, parent or affiliate company or companies of Merchant or Program Manager (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that any party hereto may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to Merchant’s Customer Service department at: care@redbaycoffee.com to allow Merchant an opportunity to resolve the dispute. You, Program Manager, and Merchant each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You, Program Manager and Merchant agree that these Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you, Program Manager, nor Merchant may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration. Upon filing of the arbitration demand, Merchant will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Merchant will reimburse you for the filing fee within thirty (30) days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Program Manager and Merchant agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver. You, Program Manager, and Merchant each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you, Program Manager, and Merchant that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you, Program Manager, and Merchant each waive any right to a jury trial.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Merchant, Program Manager, and their affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Merchant App, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Merchant and Program Manager do not represent or warrant that your Merchant App will always be accessible or accepted.
In addition, if you have a dispute with Merchant about a transaction, your Reward Progress, a Reward Threshold or any other problem your dispute is with the Merchant and not Program Manager or their respective service providers. You hereby release Program Manager, its affiliates, officers, directors, employees, agents, successors, assigns, and service providers (including payment card networks) from any and all liability, claims, demands, actions or causes of action, damages, or suits in equity of whatever kind or nature arising out of or related to such disputes.
In the event that Merchant, Program Manager or their affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed your Account balance. Merchant, Program Manager and their affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with these Terms, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if Merchant, Program Manager or their authorized representatives have been advised of the possibility of such damages. In no event shall Merchant, Program Manager or their affiliates have any liability for unauthorized access to, or alteration of a Merchant App through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond their control.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms. In such jurisdictions, Merchant and Program Manager’s liability is limited to the greatest extent permitted by law.
Assignment
Merchant may assign all or part of these Terms without notice to you. Merchant is then released from all liability. You may not assign these Terms without Merchant’s prior written consent and any attempted assignment will be void.
Entire Terms, Construction
These Terms are the complete and exclusive statement of Terms between you, Program Manager, and Merchant, and supersede and merge all prior proposals and all other agreements governing your Account (not including the Red Bay Coffee Privacy Policy here, the Program Manager Privacy Policy here, or the Program Manager Terms of Service here, as may be amended from time to time. If any provision of these Terms, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Inquiries or Questions
If you have any questions regarding these Terms or the Merchant App, please visit Merchant’s website at: www.redbaycoffee.com