REWARDS CLUB TERMS & CONDITIONS

Last Updated: December 2024

PLEASE READ THESE KA’CHAVA REWARDS CLUB TERMS AND CONDITIONS (“REWARD TERMS”) CAREFULLY. BY PARTICIPATING IN THE KA’CHAVA REWARDS CLUB (“REWARDS CLUB”), INCLUDING BY REGISTERING AN ACCOUNT (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS IN THESE REWARD TERMS AND ALL OTHER TERMS INCORPORATED OR REFERENCED IN THESE REWARD TERMS, INCLUDING OUR TERMS OF SERVICE AND TERMS OF SALE. IF YOU DO NOT AGREE TO THESE REWARD TERMS, YOU MUST NOT, AND HAVE NO RIGHT TO, PARTICIPATE IN THE REWARDS CLUB. All capitalized terms used but not defined in these Reward 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 REWARD TERMS, YOU AGREE TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THESE REWARD TERMS, THE REWARDS CLUB, 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 REWARDS CLUB.

The Rewards Club 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 Reward Terms, our FAQs regarding the Rewards Club, or any other aspects of the Rewards Club at any time, for any reason, including, but not limited to, how points earned through the Rewards Club (“Ka’Chava Points”) or other benefits may be earned or redeemed (including changes to their redemption value), when Ka’Chava Points may be received, or when they expire. If we make any such changes, we will provide you with notice of the changes, either by notifying you through your Account, posting the changes to our website at https://www.kachava.com or any other websites operated by or for us that include or link to these Reward 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 Reward Terms will be effective immediately. The date of the last change to these Reward 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 Reward Terms.

You waive any right you may have to receive specific notice of any changes to these Reward Terms or the Rewards Club generally, and your continued access to or participation in the Rewards Club 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 Rewards Club.

2. REWARDS CLUB DESCRIPTION.

1. General Description. The Rewards Club is designed so that each time a Member (as defined below) shops, shares, or follows Ka’Chava, as provided in these Reward Terms, they may accrue or earn Ka’Chava Points that may be redeemed for discounts on the Ka’Chava products we make available on our Site (“Ka’Chava Products”).
2. Eligibility. The Rewards Club 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 Rewards Club. The Rewards Club 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 Rewards Club only with the permission of, and under the direct supervision of, a parent or legal guardian who creates an Account on your behalf and who agrees to be bound by these Reward Terms. By accessing or participating in the Rewards Club, including by creating an Account, you represent that you are at least the age of majority in your jurisdiction.If you create an Account 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 using that Account.
3. Exclusions. Employees and contractors of Ka’Chava are not eligible to participate in the Rewards Club.Companies, corporations, organizations, associations, partnerships, or other legal entities are also not eligible to participate in the Rewards Club.If you are a resident of any country other than the United States, you may not participate in the Rewards Club.
4. Membership Required. In order to earn Ka’Chava Points, you must register for an account on our Site at https://www.kachava.com/account/register (an “Account”). The Rewards Club is limited to one (1) Account per eligible individual.Only eligible individuals with active Accounts (“Members”) may collect and earn Ka’Chava Points. Please note that in order to create an Account, you must provide us with at least the following information:
   
   (i) Your first and last name, and email address

You represent and warrant that all information you provide to us in connection with your Account is complete and accurate. Further, you acknowledge and agree that any failure to update such information, including the information above, following a change to such information may result in the inability to earn or redeem Ka’Chava Points, suspension or termination of your Account, participation in the Rewards Club, and/or a loss of any Ka’Chava Points associated with your Account.

1. Account Security. As a Member, you acknowledge and agree that your Account is, and any passwords associated with your Account are, personal to you and you agree not to provide any other person or entity with access to all or any part of your Account or passwords. You are responsible for maintaining the confidentiality of your Account and passwords and for any and all activities that occur under your Account and passwords, including any expenditure or redemption of Ka’Chava Points. You agree to notify Ka’Chava if you become aware of, or if you suspect any unauthorized use of or access to, your Account or passwords or any other breach of security associated with your Account, passwords, or your Ka’Chava Points, immediately after you become aware of or begin to suspect any such unauthorized use, access to, or breach of security. Without limiting anything in Section 6 below, if we have reason to believe that there has been, or is likely to be, a breach of security or misuse of your Account, the Rewards Club, or your Ka’Chava Points, we may terminate your ability to participate in the Rewards Club or change, or require you to change, your login details, including any user names or passwords associated with your Account.

3. EARNING KA’CHAVA POINTS

• Tiers; Purchases. The more a Member spends on Ka’Chava Products, the more Ka’Chava Points they can earn! Subject to Section 4(d) below and our Terms of Sale, a Member may earn Ka’Chava Points every time they purchase Ka’Chava Products through their Account and on our Site. A detailed description of our tiered earning system is below:

• For clarity, assuming you’re eligible to be a Member, when you register for an Account, you automatically qualify for the Bronze Tier. After spending $450 during your Program Year (as defined herein) on Ka’Chava Products through your Account on our Site, you will qualify for the Silver Tier. After spending at least $950 annually during a Program Year on Ka’Chava Products through your Account on our Site, you will qualify for the Gold Tier.
• To retain your tier status, Members must meet the minimum annual spend requirement of your current tier in Qualifying Purchases during each Program Year. The Program Year for your Ka’Chava Rewards account is activated at the point of tier entry (the creation of the account and/or the date at which a member spends enough to upgrade into the tier level) and extends for 12 consecutive months from such point. During each Program Year, members must meet the applicable spend or activity requirements to maintain or advance their tier status. If the required spend is not met, the member will be downgraded to the next eligible lower tier and the benefits of the higher tier will no longer be accessible. Members can regain higher tier status by achieving the required spend in that applicable Program Year, which shall then upgrade the Member to the next tier status for a 12 month period) from the time of achieving such applicable minimum spend. For clarity, once a Member archives a tier status, they shall remain in such tier for the duration of the Program Year period of 12 months.
• If your Account is terminated or suspended, you may lose your Tier status, as determined by Ka’Chava in our sole discretion. Tier status is non-transferable. Ka’Chava Points can only be earned from whole dollars, and purchases will be rounded down to the nearest dollar. For example, a purchase of $59.95 would be rounded down to $59.00, resulting in 295 Ka’Chava Points for an Account in the Bronze Tier. Only amounts spent on the stated purchase price of Ka’Chava Products are eligible to earn Ka’Chava Points and for purposes of determining Tier status. No Ka’Chava Points may be earned from amounts spent on shipping, taxes, or other charges, and no such amounts will be considered for purposes of determining a Tier status.
• Special Activities. In addition to purchasing Ka’Chava Products through Accounts on our Site, Members may earn Ka’Chava Points by completing the special activities seen in the table below under (“Special Activities”):

• For clarity, because you may create only one (1) Account for your personal use, you may complete the “Creating an Account,” “Follow us on Instagram,” and “Follow us on Spotify,” Special Activities only once. If you choose to provide your birthday information to us in connection with your eligible Account, the Ka’Chava Points specified above will be placed in your Account once per year on or around your specified birthday.
  
  If you make statements about Ka’Chava or Ka’Chava Products in order to earn Ka’Chava Points (written or video reviews), you must comply with all applicable statutes, regulations, and other laws, including but not limited to the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising, the current version of which can be found here: eCFR :: 16 CFR Part 255 -- Guides Concerning Use (https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255) of Endorsements and Testimonials in Advertising. This means, among other things, that your statements must be honest and accurate and must be accompanied by a clear and conspicuous disclosure of your connection to the Rewards Club and include an appropriate hashtag, such as #ad or #sponsored as the first hashtag. Your posts and other communications must also be free of infringing, harassing, discriminatory, defamatory, hateful, violent, political, obscene, pornographic, bullying, unsafe, fraudulent, or otherwise objectionable content, as determined by Ka’Chava in our sole discretion. If we notify you of any objectionable content, you will delete or edit the relevant communication to our satisfaction. For clarity, this paragraph does not prohibit you from communicating your honest opinions about Ka’Chava or Ka’Chava Products, whether or not favorable. Without limiting anything in Section 6 below, we reserve the right to refuse to award Ka’Chava Points, and may suspend or terminate your Account, in our sole discretion, if we believe that you have violated any of the requirements of this section.
• Other Ways to Earn Ka’Chava Points. We may offer other methods of earning Ka’Chava Points from time to time as described on our Site or in emails or SMS notifications we send to you (if you have signed up to receive them). These offers may be for a limited time and may vary in value.
• Delivery of Ka’Chava Points. Following your purchase of Ka’Chava Products through their Account and on our Site, completion of a Special Activity, or successful referral of a friend, the specified number of Ka’Chava Points will appear in your Account, usually within thirty (30) days (subject to processing times). If it has been more than thirty (30) days and your Ka’Chava Points do not appear in your Account, please contact our customer service team using the contact information in Section 9 below. Ka’Chava Points only accrue and may only be earned as set forth in this Section 3. Completion of any other tasks or activities will not result in Ka’Chava Points being added to your Account.
• Consent to Receive SMS Text Messages. If you choose to earn Ka’Chava Points by signing up to receive commercial electronic messages (such as SMS notifications and other text messages) from us, you consent to receive marketing and informational messages from us or our representatives (including through automated means) at the mobile telephone number you provide when you sign up. You represent that the telephone numbers that you provide to us are your contact numbers. You represent that you are permitted to receive calls, SMS notifications, and other messages at each of the mobile telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. It is your responsibility to keep your mobile phone number current by keeping your Account information up-to-date. You acknowledge that texting over mobile phones or other devices carries risks because text messages are not encrypted. This means that the information contained in the text messages could be accessed by an unintended recipient, such as your mobile carrier or someone who intercepts your messages. You acknowledge and agree that standard call, message, and data rates charged by your carrier apply to all communications by or with us. You are entirely responsible or any fees charged by your mobile carrier for text messaging and understand that text messages sent or received in connection with the Rewards Club may count against any data usage or text message limits in your mobile plan. To unsubscribe from promotional SMS notifications or other text messages at any time, reply STOP to any text message you receive from us. You consent that following such a request to unsubscribe, you may receive a text message from us confirming your request to opt out of promotional messages. We may continue to send you informational text messages about the Rewards Club or your Account, even if you opt out of promotional messages.

4. REDEEMING KA’CHAVA POINTS.

1. Redemption. Once Ka’Chava Points are available in a Member’s Account, they may be redeemed for Ka’Chava Products available on our Site via a coupon redemption. In order to redeem Ka’Chava Points for Ka’Chava Products, you must log into your Account and select the number of Ka’Chava Points that you would like applied to your next order of Ka’Chava Products. Ka’Chava Points may only be redeemed in 500 point increments (representing a $5 discount) up to a maximum discount of $25 off a single order (and not including a discount of $20 off, which is not currently available) via a coupon redemption. Discounts cannot be stacked for the same order. For example, you may apply Ka’Chava Points to receive a discount of $10.00 or $15.00 towards your order of Ka’Chava Products on our Site, but not $17.00 or $33.00 towards your order. Any redemption of Ka’Chava Points will not be applied to shipping and handling costs and expenses, and each Member remains responsible for those costs and expenses, subject to our Terms of Sale.
2. Multiple Tender. If a Member uses more than one payment method in a single transaction on our Site for an order of Ka’Chava Products, the number of Ka’Chava Points earned is based on the amount of dollars—and not Ka’Chava Points—spent on the Ka’Chava Products. For example, if you are in the Bronze Tier, your order total is $50.00, and you apply a $25.00 discount using 2500 of your Ka’Chava Points to the purchase and pay the remaining $25.00 with your credit card, you will earn a total of 50 Ka’Chava Points: 2 Ka’Chava Points for each dollar spent with your credit card ($25.00) on the Ka’Chava Products.
3. Deduction. Ka’Chava Points will be removed from a Member's Account immediately after applying those Ka’Chava Points to a purchase of Ka’Chava Products on our Site. Ka’Chava Points may be refunded or reinstated to a Member's Account only if we determine, in our sole discretion, that the Ka’Chava Product purchased is unavailable or cannot be delivered.
4. Ineligible Purchases. Members will not accrue or earn Ka’Chava Points for any purchase of Ka’Chava Products with any reward coupons, store or merchandise credits, donations of any kind, expenditures of gift card amounts, or purchases made with Ka’Chava Points. Members also will not accrue or earn Ka’Chava Points or accrue Tier status for any purchase of Ka’Chava Products other than through their Account on our Site, including any purchase of Ka’Chava Products at any retail or other physical location selling Ka’Chava Products.
5. Returns. Ka’Chava Points are generally non-refundable and cannot be reinstated once redeemed, unless we determine that a Ka’Chava Product purchased is unavailable, cannot be delivered in accordance with Section 4(c), or you return the Ka’Chava Product for a permitted reason, in which case the Ka’Chava Points shall be refunded.. For more information on how we handle returns, please read our Terms of Sale and Refund Policy.

5. RESTRICTIONS ON USE OF KA’CHAVA POINTS.

1. Personal Use. The Rewards Club and Ka’Chava Points are intended for personal use only. Any commercial use of the Rewards Club or the Ka’Chava Points is strictly prohibited. Ka’Chava Points may not be gifted, purchased, sold, bartered, brokered or otherwise transferred. Any attempt to redeem single use offers and verification codes for Ka’Chava Points multiple times or through multiple users, including through the refer a friend program as described in Section 3(c) above, constitutes fraud and may result in the suspension or termination of your Account or your ability to participate in the Rewards Club.
2. Combined Use; Limits. Ka’Chava Points accrued or earned in connection with the Rewards Club cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Ka’Chava. We reserve the right to limit any redemption or application of Ka’Chava Points to specified Ka’Chava Products, to change the redemption value of Ka’Chava Points, and to limit the number of Ka’Chava Points available to Members. We may also, in our sole discretion, suspend, cancel, replace, or combine Ka’Chava Points that appear to be duplicative or that were accrued or earned in violation of these Reward Terms, or any other terms incorporated in these Reward Terms.

6. TERMINATION; CANCELLATION.

1. Account Inactivity. If Ka’Chava Points are not redeemed for Ka’Chava Products for a period of twelve (12) months after such Ka’Chava Points were earned, such Ka’Chava Points may expire and may be removed from your Account. Ka’Chava Points cannot be refunded or reinstated after they have expired.
2. 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 Account (or any account associated with your Account) or your participation in the Rewards Club, if we determine, in our sole discretion, that you have violated these Reward Terms or our Terms of Service, Terms of Sale, or Privacy Policy, or any other terms incorporated into these Reward Terms, or that the use of your Account is unauthorized, deceptive, fraudulent or otherwise unlawful.
3. Cancellation. You may cancel your Account and participation in the Rewards Club at any time and for any reason by contacting us using the contact information set forth in Section 9 below and indicating that you wish to cancel your Account, or canceling your Account within your online Account. Account cancellation is subject to applicable processing times.
4. Effect of Termination or Cancellation. In the event that your Account or participation in the Rewards Club is terminated for any reason, or if you cancel your Account, you will lose your Tier status and all accrued or earned Ka’Chava Points in your Account will automatically be void and will not be refunded or reinstated, including if you attempt to renew, re-open, or create a new Account.

7. DISCLAIMERS.

1. Third Party Websites, Third-Party Tools, and User Content. In order to complete certain activities required to earn Ka’Chava Points, including certain of the Special Activities, you may be required to use Third Party websites, Third-Party Tools, or log into and/or link certain of their social media accounts to their Account. Third Party websites and Third-Party Tools are not under our control, and we are not responsible for the contents of any Third Party websites or Third-Party Tools or any link contained in a Third Party website or Third-Party Tool. We provide links to Third Party websites and Third-Party Tools only as a convenience, and the inclusion of a link does not constitute or imply our endorsement of any Third Party website, Third-Party Tool, or any content found on the foregoing. We are also not responsible, and will not be held liable, for any User Content or Feedback that you may upload, post, or otherwise display, including on or through our Site or your Account. For more information regarding the restrictions on, and your and our rights regarding, User Content, Feedback, intellectual property, Third Party websites, and Third-Party Tools, please carefully review our Terms of Service, including Sections 3 (User Content, Feedback, and Other Submissions), 5 (Our Intellectual Property Rights), and 6 (Third-Party Tools and Websites).
2. Membership Fees. No purchase is necessary for participation in, and there are no fees associated with, the Rewards Club. Ka’Chava Points accrued or earned in connection with the Rewards Club are promotional, have no cash value, and cannot be redeemed for cash. There are no loyalty or other rewards cards associated with the Rewards Club.
3. No Liability. THE REWARDS CLUB AND KA’CHAVA POINTS 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 REWARDS CLUB, INCLUDING WITHOUT LIMITATION IN THE EARNING OR REDEMPTION OF ANY KA’CHAVA POINTS, OR FOR ANY LOSS OF KA’CHAVA POINTS, WHETHER DUE TO DISRUPTIONS TO OUR SYSTEMS, SOFTWARE PROGRAMMING ERRORS, HUMAN ERRORS, FAILURE OF ANY INTERNET SERVICE PROVIDERS OR MOBILE CARRIERS, OR OTHERWISE.
4. Fraudulent Use. WE ARE NOT RESPONSIBLE FOR ANY FRAUDULENT EXPENDITURE OR REDEMPTION OF KA’CHAVA POINTS UNDER YOUR ACCOUNT OR PASSWORDS, OR FOR THE LOSS OF ANY KA’CHAVA POINTS RESULTING FROM OUR SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR ABILITY TO PARTICIPATE IN THE REWARDS CLUB.

8. MISCELLANEOUS.

1. Additional Terms. These Reward 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 Reward Terms and any of the other terms referenced in these Reward Terms, the provisions in these Reward Terms will control, but only with respect to the Ka’Chava Points, your participation in the Rewards Club, or your access to your Account. 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).
2. Privacy. Our Privacy Policy governs your participation in the Rewards Club and our handling of any information you may provide to us in connection with your registration of an Account or your participation in the Rewards Club. Please read the Privacy Policy carefully in order to stay informed of how we collect, use, and disclose information about you.

9. CONTACT US.

1. If you have questions about these Reward Terms, the Rewards Club, or the Ka’Chava Points, or if you wish to cancel your Account, please contact us at support@kachava.com or by telephone at 1 855-668-7574.