DIGITAL GIFT CARD TERMS & CONDITIONS

Last Updated: December 10, 2024

PLEASE READ THESE KA’CHAVA DIGITAL GIFT CARD TERMS AND CONDITIONS (“GIFT CARD TERMS”) CAREFULLY. BY PURCHASING A KA’CHAVA DIGITAL GIFT CARD OR RECEIVING IT, YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS IN THESE GIFT CARD TERMS AND ALL OTHER TERMS INCORPORATED OR REFERENCED IN THESE GIFT CARD TERMS, INCLUDING OUR TERMS OF SERVICE AND TERMS OF SALE. All capitalized terms used but not defined in these Gift Card Terms have the meanings given to them in the Terms of Service.

SECTION 11 (GOVERNING LAW; DISPUTE RESOLUTION- ARBITRATION) OF THE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE GIFT CARD TERMS, YOU AGREE TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THESE GIFT CARD TERMS, THE PROGRAM, OR ANY KA’CHAVA POINTS, THROUGH BINDING INDIVIDUAL ARBITRATION, AS SET FORTH IN SECTION 11 OF THE TERMS OF SERVICE. THIS MEANS THAT YOU WAIVE ANY RIGHT TO HAVE SUCH DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. ACCORDINGLY, PLEASE READ SECTION 11 OF THE TERMS OF SERVICE CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.


1. CHANGES TO THE GIFT CARD TERMS.

The Digital Gift Cards is offered in the sole discretion of Tribal Nutrition, LLC d/b/a Ka'Chava (“Ka’Chava,” “we,” “us,” or “our”). We may update, suspend, terminate, replace, or otherwise change, in whole or in part, these Terms, our FAQs regarding the Gift Cards, or any other aspects of the Gift Card Program (“Program”) at any time, for any reason. If we make any such changes, we will provide you with notice of the changes, either by notifying you through via posting the changes to our website at https://www.kachava.com (https://www.kachava.com/) or any other websites operated by or for us that include or link to these Gift Card Terms (collectively, our “Site”), or by another reasonable method we choose, such as by sending you an email or SMS notification. Any changes to these Gift Card Terms will be effective immediately. The date of the last change to these Gift Card Terms will be posted at the top of this page. As such, you should check this page frequently to stay informed of the most up-to-date version of these Gift Card Terms.


You waive any right you may have to receive specific notice of any changes to these Gift Card Terms or the Program generally, and your continued access to or participation in the Program following posting or other notice of any such changes confirms your acceptance of the same. If you do not agree to any such changes, you must not, and have no right to, participate in the Program.


2. PROGRAM DESCRIPTION.

  • General Description. The Program is designed so that each time a person purchases a digital gift card (“Gift Card”), the recipient of such Gift Card may purchase Ka’Chava products we make available on our Site (“Ka’Chava Products”). Gift Cards are limited to one per transaction, and no more than five (5) may be purchased in one day. The available balance for which Gift Cards can be purchased for is $50 / $75 / $100 / $175. Available balances on a Gift Card may count towards the purchase price of Ka’Chava Products, tax, and shipping and handling. Please note that we are happy to facilitate a company-wide gift or other larger number of digital gift cards, however, you will need to contact Ka’Chava Customer Support directly, in order to process additional Gift Cards.
  • Eligibility. The Program is only open to individual residents of the 48 contiguous states of the United States, and Alaska and Hawaii. You must be the appropriate age of majority in your state of residence to participate in the Program. The Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are at least 13 years old but still a minor in your state of residence (under 18 in most U.S. states), you may access and participate in the Program only with the permission of, and under the direct supervision of, a parent or legal guardian who agrees to be bound by these Gift Card Terms. By accessing or participating in the Program, you represent that you are at least the age of majority in your jurisdiction. If you create a purchase on behalf of a minor, you represent and warrant that you are the parent or legal guardian of that minor and agree to assume full responsibility for all activity of that minor.
  • Exclusions. Employees and contractors of Ka’Chava are not eligible to participate in the Program. Companies, corporations, organizations, associations, partnerships, or other legal entities are also not eligible to participate in the Program and should reach out directly to Ka’Chava to purchase Gift Cards. If you are a resident of any country other than the United States, you may not participate in the Program.
  • Other Rules. Gift Cards, including those that are lost, stolen, or destroyed, will not be replaced by Tribal Nutrition for any reason. Gift Cards are not credit, debit or charge cards, and have no implied warranties. Gift Cards are not credit, debit or charge cards.
  • Purchase Information. In order to purchase and send Gift Cards, you must enter your name, email, credit card information, along with the recipients name and email on our Site.

You represent and warrant that all information you provide to us in connection with your purchase is complete and accurate. Further, you acknowledge and agree that any failure to provide accurate information, may result in an undeliverable Gift Card, for which Ka’Chava disclaims all responsibility.


3. RESTRICTIONS ON USE OF GIFT CARDS.

  • Personal Use, Non-Refundable. The Program is intended for personal use only. Any commercial use of the Program or the Gift Cards is strictly prohibited. Ka’Chava Points may not be gifted, purchased, sold, bartered, brokered or otherwise transferred. Gift Cards are not refundable and cannot be redeemed or exchanged for cash, check or credit except where refund or redemption is required by law. You may not use a Gift Card to purchase other Gift Cards.
  • Any attempt to redeem Gift Cards in violation of these Terms, constitutes fraud and may result in the suspension or termination of your ability to participate in the Program.


4. TERMINATION; CANCELLATION.

  • Breach. Without limiting anything set forth in the Terms of Service or Terms of Sale, we reserve the right to suspend and/or terminate your participation in the Program, if we determine, in our sole discretion, that you have violated these Gift Card Terms or our Terms of Service, Terms of Sale, or Privacy Policy, or any other terms incorporated into these Gift Card Terms, or that the use of your Gift Card or involvement with the Program is unauthorized, deceptive, fraudulent or otherwise unlawful.
  • Cancellation. You may not cancel or be refunded for any purchase made of a Gift Card.


5. DISCLAIMERS

  • No Liability. THE GIFT CARD AND PROGRAM ARE PROVIDED “AS-IS” WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS, DELAYS, OR MALFUNCTIONS IN THE OPERATION OF THE PROGRAM, , WHETHER DUE TO DISRUPTIONS TO OUR SYSTEMS, SOFTWARE PROGRAMMING ERRORS, HUMAN ERRORS, FAILURE OF ANY INTERNET SERVICE PROVIDERS OR MOBILE CARRIERS, OR OTHERWISE.
  • Fraudulent Use. WE ARE NOT RESPONSIBLE FOR ANY FRAUDULENT EXPENDITURE OR REDEMPTION OF GIFT CARDS OR FOR THE LOSS OF ANY GIFT CARDS RESULTING FROM OUR SUSPENSION OR TERMINATION OF GIFT CARDS OR ABILITY TO PARTICIPATE IN THE PROGRAM.


6. MISCELLANEOUS

  • Additional Terms. These Gift Card Terms incorporate our Terms of Service, Terms of Sale, Privacy Policy, Refund Policy, and any other terms referenced in any of the foregoing. If there is a conflict between these Gift Card Terms and any of the other terms referenced in these Gift Card Terms, the provisions in these Gift Card Terms will control, but only with respect to the Gift Card or your participation in the Program. All other provisions in the Terms of Service will continue to control, including those provisions set forth in Sections 9 (Disclaimer of Warranties; Limitation of Liability), 10 (Indemnification), 11 (Governing Law; Dispute Resolution- Arbitration), and 14 (Miscellaneous).
  • Privacy. Our Privacy Policy governs your participation in the Program and our handling of any information you may provide to us in connection with your registration of a Gift Card or your participation in the Program. Please read the Privacy Policy carefully in order to stay informed of how we collect, use, and disclose information about you.


7. CONTACT US.

If you have questions about these Terms, the Program, please contact us at support@kachava.com or by telephone at 1 855-668-7574.