- The Coffee Bean & Tea Leaf® Swirl Rewards Card (''The Swirl Rewards Card'') is a loyalty card with a stored value feature and is issued by The Coffee Bean & Tea Leaf® Philippines, Inc. (TCBTL) and is managed by Transactor Technologies Ltd. (the ''Manager'')
- By purchasing and using The Swirl Rewards Card, the holder of The Swirl Rewards Card (the ''Cardholder'') shall be deemed to have read, understood and agreed with the terms and conditions of The Swirl Rewards Card.
- A customer who applies for and obtains The Swirl Rewards Card is required to provide correct and true information when they register online.
- The Swirl Rewards Card will be issued by TCBTL on-site and shall remain inactive until the customer registers online.
- Stored value does not include goods and services tax or any other taxes/charges imposed from time to time by regulatory or government agencies.
- Payment made for The Swirl Rewards Card will be considered as a complete transaction and the Cardholder is not entitled to demand or claim for refunds or reimbursement of whole or any part of the unutilized value of The Swirl Rewards Card under whatever circumstances.
- The Swirl Rewards Card is non-transferable and cannot be shared by another third party after registration.
- The Swirl Rewards Card with sufficient value will be accepted at all of the outlets of The Coffee Bean & Tea Leaf® in the Philippines (''TCBTL's Stores'') and the value of the products/services purchased with The Swirl Rewards Card by the Cardholder will be deducted from the total value of The Swirl Rewards Card once the order is accepted by TCBTL. The maximum value per purchase transaction is Php3,000. The maximum number of purchase transactions a Cardholder may make is three (3) per day. The maximum value of purchase transaction per day is Php15,000.
- Subject to the Terms and Conditions herein contained and as the same may be amended by TCBTL from time to time, in its sole discretion, reward points and/or discounts, benefits, entitlements, privileges, promotions (''Benefits'') may be awarded to the Cardholder when The Swirl Rewards Card is presented at the time of purchasing TCBTL's products/services (''TCBTL's Products'') either in cash or by credit card at TCBTL's Stores or via The Swirl Rewards Card. The Cardholder shall be required to sign on the transaction slips (for earning or utilization of reward points) for verification purposes. The award of rewards points and/or Benefits to the Cardholder shall be subject to the following:
- The basis for the enjoyment of The Swirl Rewards Card, rewards points and/or the Benefits shall be determined by TCBTL at its absolute discretion and may be changed from time to time without prior notice. The Cardholder shall not be entitled to request TCBTL or the Manager to disclose or explain the calculation methods or other matters relating to the rewards points and/or the Benefits for whatever purposes;
- Rewards points shall not be awarded for portions of any purchase relating to taxes or any charges or fees that are payable by TCBTL to any regulatory or governmental bodies;
- Rewards points are not transferable and are not exchangeable for cash;
- Rewards awarded will only be credited after the Manager has been informed of the relevant transaction;
- TCBTL and the Manager will not be liable if the rewards points cannot be recorded for whatever reasons (including but not limited to malfunction or interruption of the reward points recording system, civil commotion, fire, or other force majeure events beyond the control of all parties concerned);
- TCBTL or the Manager shall have sole discretion to deduct, cancel or refuse/reject to award rewards points for any transaction as it deems fit.
- TCBTL or the Manager shall not be liable for failure to credit rewards points into the Cardholder's account for whatever reasons; and
- Any dispute on the rewards points balance shall be notified to TCBTL or the Manager within 30 days from the date of the relevant transaction.
- Save and except for the Cardholder's right to redeem the rewards points as herein set out, the Cardholder shall not have any other right or interest in the value of the rewards points available in his account and shall not be entitled to claim or take any action against TCBTL or the Manager for payment of the rewards points value in cash or in kind or for any benefits, income or profits that may be gained by TCBTL or the Manager from the management of such rewards points value, if any. The Cardholder may check the balance of his/her TCBTL Swirl Rewards Card or rewards points online through www.swirlrewards.com.ph or at TCBTL's Stores.
- The Swirl Rewards Card with sufficient rewards points may be used to redeem such TCBTL's Products that may be offered for such purpose by TCBTL from time to time (the ''Rewards'') subject to the terms and conditions as may be amended or varied by TCBTL at its sole discretion with or without notice, including but not limited to.
- The procedures involved in redemption;
- Restrict the quantity of a particular Reward that a Cardholder may exchange for rewards points;
- Classify the Cardholders into different categories;
- Offer different Rewards and Benefits for different categories of the Cardholders.
- Rewards points used for redemption of the Rewards will be deducted from the Cardholder's account. Rewards points earned and bonus stored value credits may only be redeemed after System Processing takes place.
- As TCBTL may determine at the material time, redemption may be made via rewards points only or a combination of the rewards points plus cash, credit or load for each redemption transaction (irrespective of the mode of redemption) performed at all of TCBTL's Stores. If Rewards have been redeemed by using any rewards points that have been fraudulently or wrongfully earned, the Cardholder shall be liable to refund to TCBTL the value of the said rewards points or return the Rewards to TCBTL or the Manager, as directed by TCBTL. TCBTL is entitled to refuse any request for redemption or recall any Rewards redeemed if TCBTL suspects the rewards points used by the Cardholder were fraudulently or wrongfully recorded.
- Once TCBTL accepts any redemption requests, it cannot be revoked, amended, cancelled, returned or exchanged for other items.
- Unclaimed Rewards will be forfeited and the rewards points deducted for such redemption will not be reinstated.
- TCBTL or the Manager shall not be liable, under whatever circumstances, for any rewards points deducted in furtherance to redemption that may be made by persons other than the Cardholder when said redemption is made by persons who are in possession of the Cardholder's Swirl Rewards Card.
- All Rewards are subject to availability and TCBTL reserves its right to replace other Rewards of approximately the equivalent value without prior notice.
- Value of The Swirl Rewards Card and Rewards shall be automatically cancelled without further notice if:
- The Swirl Rewards Card is terminated by TCBTL for whatever reason. No objection or appeal will be entertained and the Cardholder shall not have any further claim against TCBTL or the Manager whatsoever in relation thereto;
- Termination or cessation of The Swirl Rewards Card Program.
- TCBTL shall not be liable for any prepaid value deducted in furtherance to usage that may be made by persons other than the Cardholder under whatever circumstances.
- TCBTL shall not be liable for any lost or stolen Swirl Rewards Cards. Any stored cash value in a lost or stolen Cardholder's account is deemed lost and forfeited.
- Personal database together with information of The Swirl Rewards Card, Reward Points and any redemption transactions undertaken by any TCBTL Member (''the Database'') will be owned by TCBTL, and the Cardholder hereby irrevocably and unconditionally agrees that TCBTL and its Manager or their respective holding companies, subsidiaries, associates or related corporations to use, process, disclose, transfer or to deal with the Database in whatever manner and for whatever purposes as TCBTL or the Manager shall deem fit without further notice (either with or without third party) or for the purposes of disclosure under the law or any court order or other governmental or regulatory bodies. Cardholder agrees to receive promotional messages either by email, SMS or other communication channels from CBTL and its business partners from time to time.
- The Cardholder shall immediately notify TCBTL in writing of any change of his/her Database whereupon TCBTL shall take all practicable steps to update the Database within a reasonable time provided that TCBTL shall not be liable for any losses or damages that may be suffered by the Cardholder arising whether directly or indirectly from TCBTL's delay or failure in up-dating the Database for any reasons whatsoever.
- In no event shall TCBTL and the Manager be liable to any Cardholder or any third party for any loss or injury or any special, direct, indirect, incidental, exemplary or consequential losses or damages whatsoever or howsoever caused under any cause of action arising directly or indirectly in connection with the Program, usage of The Swirl Rewards Card or becoming the Cardholder.
- TCBTL has the right at any time and at its sole discretion, with or without notice, to limit, add, amend or delete in whole or in part these T&C, rules, conditions, policies of the Program, The Swirl Rewards Card, Benefits, Redemption of the Rewards, Rewards Points awards even though such changes may affect the value of The Swirl Rewards Card, Rewards Points or Benefits already accumulated or the Cardholders' rights and interests. The amendment and supplement T&C, rules, conditions and policies shall be binding on the Cardholders as long as his/her Swirl Rewards Card is valid under these T&C.
- If TCBTL or the Manager is found liable by a court of competent jurisdiction, the liabilities of TCBTL and the Manager to the Cardholder for any cause whatsoever and regardless of the form of action, to the extent permitted by law, shall be limited to restoring or according any the value of The Swirl Rewards Card which TCBTL has wrongfully deducted, Rewards Points and/or Benefits that have been mistakenly omitted.
- Any fees paid under these T&C are not refundable unless otherwise provided.
- Any notice to be given to the Cardholder shall be deemed to have been properly given if sent by prepaid post to the address recorded in the Database.
- The Cardholder shall indemnify and hold TCBTL and the Manager harmless against any liability for loss, penalty, damage, costs and expenses (including but not limited to legal costs) which TCBTL and/or the Manager may incur by reason of or arising directly or indirectly from any breach on the part of the Cardholder in complying or observing these T&C or in otherwise using of The Swirl Rewards Card or recovery of any outstanding amounts due from the Cardholder.
- TCBTL and/or the Manager shall be entitled jointly or severally at the time without the consent of or notice to The Swirl Rewards Card to assign or transfer whole or part of its rights and obligations in relation to The Swirl Rewards Card and/or the Program to any other person.
- Time shall be of the essence of these terms and conditions but no failure to exercise or delay in or partial exercising of any of TCBTL's or the Manager's rights, power or remedies shall operate as waiver.
- These terms and conditions shall be governed and construed in accordance with the law of Philippines and the parties hereto agree to submit to the non-exclusive jurisdiction of the courts of Philippines.
- Any application is subject to fulfillment of any other conditions set by TCBTL. TCBTL's decision to reject any application shall be final. No objection or appeal shall be entertained.