Terms of Use

Last Updated: 4/23/2020

Welcome. The Which Wich® website and mobile application are provided by Which Wich, Inc. and its subsidiaries and affiliates (“Which Wich,” “we,” “us,” or “our”). These Terms of Use govern your use of the websites (“each a “Site” and collectively the “Sites”), mobile applications (each an “App” and collectively the “Apps”), and the services available through the Sites and Apps including the administration of our loyalty program “Vibe ClubTM Rewards” (“Services”). By using the Sites, Apps, and Services you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, please do not use the Sites, Apps, or Services. We may modify or revise these Terms of Use from time to time which will be posted here with the “Last Updated” date above. Your continued use of the Sites, Apps, or Services after we make changes to these Terms of Use is an acceptance by you of these Terms of Use including any changes, so please check these Terms of Use periodically for any updates.

Please note these Terms of Use form a contract between you and us and require you to arbitrate disputes with us instead of resolving disputes through a jury trial or class action.

1. Proprietary Rights and Restrictions

The Sites and Apps and their content, including without limitation all informational text, headers, custom graphics and button icons, photographs, audio, video, messages, files, documents, sound, images, or other materials (collectively referred to as “content”) are the property of Which Wich or its licensors. The Sites, Apps, and their respective content are protected by U.S. and international copyright, trademark, trade dress, and other intellectual property laws. The Sites, Apps, and their respective content is intended solely for personal, noncommercial use by the users of our Sites and Apps. The Sites, Apps, and their respective content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means. Any modification of the content, use of the content on any website, mobile device, or networked computer environment, or use of content for any purpose other than personal, noncommercial use is a violation of the copyright, trademark, and other proprietary rights in the content and is strictly prohibited.

2. Submissions

We appreciate your comments, feedback and remarks. By submitting content to the Sites and Apps, including remarks, suggestions, ideas, graphics, or other information communicated to us though you, the submission will become our property, including future rights associated with such submissions. You acknowledge that you are responsible for the material you submit, and you, not us, have full responsibility for the message, including reliability, appropriateness, originality, and copyright.

3. Registration

To access certain areas of the Sites or Apps you may be required to register for an account with us and provide your personal information to use certain
Services offered through the Sites or Apps. You agree to provide complete and accurate information and to promptly update your information to keep it true, accurate, current, and complete. You also agree not to register under the name of another person or use anyone else’s login information and we will not be held liable for any loss or damage arising from your failure to comply with these obligations. You are responsible for maintaining the confidentiality of the information you hold for your login, including your password, limiting access to your computer, and logging out after using the Sites, Apps, or Services. You agree to notify us immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Which Wich or any other user of the Sites, Apps, or Services due to another’s use of your login as a result of you failing to keep your login information secure and confidential. Please note that any personally identifiable information you provide to us will be subject to our Privacy Policy located at https://www.whichwich.com/privacy-policy/.

4. Conduct

You agree to access and use the Sites, Apps, Services, and their respective content in accordance with these Terms of Use and all applicable laws and regulations. Conduct that we believe is harmful or disruptive to our Sites and Apps or which could breach any agreement between us is prohibited. We reserve the right to terminate or suspend your access in whole or in part to the Sites, Apps, or Services or prohibit communications or content for any conduct that we believe in our sole discretion is harmful to us, our brand, Sites, Apps, Services, or any other person or entity, or is in violation these Terms of Use or any applicable law.

5. Availability

Any Services available through the Sites or Apps are subject to change without notice. We reserve the right to modify the Sites, Apps, and Services, at any time. This includes the right to modify, restrict access to, discontinue or remove any content, postings, links, pages, Services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of any Sites, Apps, Services, or content.

Electronic Communications

When you visit the Sites or Apps, use the Services, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Sites, Apps, or 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.

7. Privacy Policy

By using the Sites, Apps, and Services, you agree to the terms of our Privacy Policy, which is incorporated herein by reference and can be accessed here: https://www.whichwich.com/privacy-policy/.

8. Vibe Club™ Rewards Program

As part of the Services, we offer the Vibe Club™ Rewards Program (the “Rewards Program“) to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating Which Wich, Inc. restaurants in the United States. Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.

Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) are at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.

Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Vibe ClubTM Rewards account (“Rewards Account”) by registering for the program via the Apps or visiting the Which Wich® website located at www.whichwich.com.Your Rewards Account is personal to you and may not be sold, transferred, or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account.

As a part of the Rewards Program, Which Wich, Inc. will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.

Rewards: You will earn and receive points toward Rewards as follows:Qualifying Purchases: Members will earn and receive points toward Rewards by making qualified purchases at participating Which Wich restaurants and scanning the bar code on the receipt from your purchase with the built-in scanner in the App or uploading a photo of your receipt within 24 hours of your purchase. You will earn one point per dollar spent (each a “point”).

After this verification, the points to which you are entitled will be added to your Rewards Account. You can track points and Rewards you have already earned and that you may earn in the future by logging into your Rewards Account History or by viewing on the mobile app.

Social Media Sharing & Referral Bonuses: You can also receive points for every Facebook® friend you refer who joins our Rewards Program and starts earning points. Your extra points will not be awarded until the referred member enrolls in the Rewards Program and earns their first point or uses your invite code.

You can also share your Which Wich experience on your personal Facebook page through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the Which Wich website, Facebook page, other social media outlets, and/or Which Wich marketing material.

Rewards: By accumulating 75 points in your Rewards Account, you will earn a free Regular 7” Wich (a “Reward”), which you may redeem at participating Which Wich restaurants. You can make it a Wicked® for $1 more. There is an additional charge for Favorites and specialty wiches. Upgrades and extras will be charged as priced. Points are accumulated in the following manor: $1 spent = 1 point.Once you earn a Reward, you will start accumulating points towards another Reward. You may only redeem one Reward per visit regardless of the number of Rewards you have earned in your Rewards Account. A Reward may not be combined with any other offer or coupon.

Additional Rewards Program Terms: Which Wich, Inc. reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms of Use, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Which Wich, Inc. may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Which Wich, Inc. also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 365 days. Inactive is defined as no Rewards earned.

We have the right at any time, with or without giving you prior notice, to:

  1. end or cancel the Rewards Program and/or any specific Reward;
  2. change any Reward or other Rewards Program benefit we offer;
  3. change the requirements for earning a particular Reward;
  4. change the time you have in which to earn a Reward; and/or
  5. change any other feature of the Rewards Program.

If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.

9. Links

The Sites or Apps may contain links to other websites for your information and convenience. We do not control those websites, nor to we review the content of those websites. Any such linked websites are governed by that website’s privacy policy, terms of use, or other notices. We do not endorse the websites referenced by these links and no direct association should be implied.

10. Children

The Sites, Apps, and Services are not directed at children under the age of 13 and we do not knowingly collect personal information from children under 13. If you are under the age of 13, do not use the Sites or Apps or provide any personal information to us. If we receive actual knowledge we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information and not use or disclose that information except as required by law. If you believe we may have any information about a child under 13, please contact us at privacy@whichwich.com and use “COPPA Information Request” in the subject line of your communication.

11. Employment Opportunities

The positions listed on the Sites may include employment opportunities with locations owned and operated by our franchisees, as well as locations owned and operated by Which Wich. The positions and franchise locations may be subject to different terms and conditions including but not limited to benefits, employment policies, etc. We accept no responsibility or liability with respect to the terms and conditions of employment with a franchised restaurant. Any postings on the Sites do not represent an offer of employment. Any employment offer must be made by an authorized representative of Which Wich, for company-operated locations, or a Which Wich® franchisee, for franchised locations.

12. Franchise Opportunities

Some materials on the Sites describe Which Wich’s franchise program. They do not constitute an offer or sale of a franchise. Such offering is only commenced by delivering you a prospectus in compliance with applicable law, including, without limitation, the Federal Trade Commission’s guidelines on franchising and various state laws regulating the sale of franchise opportunities.

13. General Provisions

Any or all of our rights and obligations hereunder may be assigned to a subsequent owner or operator of the Sites, Apps, or Services in a merger, acquisition or sale of all or substantially all of Which Wich, Inc. assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms of Use or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use will continue in full force and effect. The section headings are for convenience only. These Terms of Use are effective unless and until terminated by Which Wich. Any failure to enforce strict performance of any provision of these Terms of Use will not be construed as our waiver of any provision or right. The course of conduct between parties and trade practices will not modify these Terms of Use.

14. Assignment

You may not assign or transfer any of your rights or obligations under these Terms of Use. Any transfer or assignment by you will be void and without force or effect.

15. No Warranties

THIS APP, THE CONTENT, AND THE REWARDS PROGRAMS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND Which Wich, Inc. HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WHICH WICH, INC. DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

16. Governing Law

You agree that these Terms of Use are governed by the laws of the State of Texas and, where applicable, U.S. federal law, without regard to any conflict of law principles.

17. Indemnification, Limit on Liability

You agree to indemnify, hold harmless, and release us, and each of our respective subsidiaries, affiliates, agents, licensees, employees and third parties against any and all claims, damages, cost and expenses (including attorney’s fees) arising from and related to your use of the Sites, Apps, or Services, and any transaction you enter into with a third party based on the content, information or contacts obtained from the Sites, Apps, or Services.

IN NO EVENT SHALL WHICH WICH, INC. BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE REWARDS PROGRAM, OR THESE TERMS OF USE, WHETHER OR NOT WHICH WICH, INC. MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 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.

18. Dispute Resolution

This section effects legal rights that you may have. It requires binding arbitration of most disputes instead of litigation in court and includes CLASS ACTION and JURY TRIAL WAIVERS.

You agree that any claim, controversy, or dispute related to or arising out of access to and use of the Sites, Apps, and Services without regard to the legal basis of the claim shall be resolved by binding confidential arbitration before a single arbitrator. The arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Administrative Rules and Consumer Arbitration Rules. In addition, the arbitration will be governed by the Federal Arbitration Act including any dispute about the enforceability or scope of this arbitration clause. All arbitration hearings and proceedings shall be held in Dallas, Texas. You acknowledge that Which Wich’s affiliated entities are intended beneficiaries of this arbitration clause and all disputes against them must be resolved by arbitration. While these entities are intended beneficiaries of this arbitration clause, they will not be liable or responsible for our performance under these Terms of Use.

Notwithstanding the previous paragraph, we and you may bring suit in a federal or state court to enjoin infringement or other misuse of intellectual property rights. In addition, we and you may seek relief in small claims court for disputes within the court’s jurisdiction. Any such claim that is not subject to this arbitration clause will be subject to the exclusive jurisdiction of the state courts of Dallas County, Texas and the U.S. District Court for the Northern District of Texas.

BOTH WE AND YOU WAIVE ALL RIGHTS TO ARBITRATION OF DISPUTES AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY. WE AND YOU FURTHER AGREE THAT DISPUTES MAY NOT BE AGGREGATED OR CONSOLIDATED, UNLESS WE AND YOU OTHERWISE AGREE IN WRITING. TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION OF ALL DISPUTES SHALL PROCEED ON AN INDIVIDUAL BASIS. BY AGREEING TO THIS ARBITRATION CLAUSE, YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY.

This arbitration clause does not amend or modify any rights or obligations under any franchise agreement, development agent agreement, or any other contract that you might have with us. Any dispute arising from or related to those agreements are governed by the dispute resolution provisions of those agreements.

19. International Users

The Sites, Apps, and Services are controlled, operated, and administered by us from offices within the United States of America. We make no representation regarding the use of the Sites, Apps, or Services outside of the United States. You may not use the Sites, Apps, or Services or export any portion of them in violation of U.S. export laws and regulations. If you access the Sites, Apps, or Services from locations outside of the United States, you are responsible for compliance will all local laws.

20. No agency relationships

The franchisees of Which Wich Franchise, Inc. have no agency relationship with Which Wich, Inc. and/or Which Wich Franchise, Inc. Each entity acts independently of one another.

21. Text Messaging (“SMS”)

If you have opted to receive text messages from us the SMS terms of use in this section apply in addition to the Terms of Use above which include an arbitration agreement, class action waiver, and jury trial waiver and other provisions that affect your legal rights.

SMS offers are only accessible on smartphone devices and we may change the SMS offer without notice. If you have opted in to receive text messages, we do not charge you for the text message. Standard messaging and data rates will apply to each text message you receive as provided by your wireless carrier. We do not require you to agree to receive text messages as a condition of making any purchase. If you have agreed to receive text messages from us, you have agreed to receive marketing messages from us on your mobile device. Factors beyond the control of the participating carriers may interfere with text message delivery for which the carrier is not responsible. We and your wireless carrier do not guarantee that text messages will be delivered. To opt out of receiving text messages from us reply to our text with STOP or contact us using the information below. If you opt out, you will receive 1 final text message confirming your decision to unsubscribe. These terms do not apply to any text marketing programs offered by our franchisees which are independently responsible for their legal compliance.

22. Contact Information

If you have any questions or concerns regarding the Sites, App, Services or these Terms of Use, including to receive a copy of these Terms of Use in an alternative format, please contact us using the information below.

Which Wich Superior Sandwiches

1412 Main Street, Suite 2000

Dallas, Texas 75202

Phone: 1-866-944-2494

Email: privacy@whichwich.com