Premier Terms and Conditions

1. Membership & Eligibility

The Premier Program ("Program") is a complimentary rewards scheme operated by Bar & Cocoa ("Company") for its customers residing in the United States and Canada. Membership in the Program ("Membership") is restricted to individuals and limited to one account per individual. Participants must be at least 16 years of age and legal residents of the United States or Canada. Minors must obtain consent from a parent or legal guardian to enroll.

By enrolling in the Program, you (or, in the case of minors, your parent or legal guardian) agree to be bound by these Terms and Conditions ("Terms"). Enrollment in the Program does not require a purchase.

Membership in programs offered by affiliates of Bar & Cocoa does not confer any rights or benefits in this Program.

2. Membership Tiers; Earning and Redeeming Premier Points

Membership Tiers

The Program offers three tiers of membership: Premier, VIP, and Elite. Each tier is associated with specific benefits ("Benefits") provided at the discretion of the Company. The Company reserves the right to modify or terminate any tier at any time, subject to applicable law and as specified in these Terms.

Premier Tier

All Members are automatically classified under the Premier tier upon enrollment. Members will maintain Premier status unless they meet the criteria for the VIP or Elite tiers.

VIP Tier

VIP status is conferred upon Members who spend a minimum of $350 on eligible purchases during a calendar year (January 1st - December 31st). VIP status is valid for the calendar year in which the Member qualifies and the subsequent full calendar year. Thereafter, annual requalification is required. Failure to requalify will result in demotion to Premier status.

Elite Tier

Elite status is granted to Members who spend a minimum of $900 on eligible purchases within a calendar year (January 1st - December 31st). Elite status is valid for the calendar year of qualification and the subsequent full calendar year, requiring annual requalification thereafter. Failure to requalify will result in demotion to Premier status.

Earning Points

Members earn one Premier point for each U.S. or Canadian dollar spent on eligible purchases. The Company may offer bonus points during promotional events, subject to separate terms and conditions. To earn points, Members must provide their registered email or phone number during the transaction. Points will be deducted if the associated order is cancelled.

Points are applicable to purchases made online. Points are not applicable to the purchase of Gift Cards, or taxes, or shipping costs.

Redeeming Points

Points may be redeemed for rewards ("Rewards") at the Company’s discretion. Points have no cash value and are not redeemable for cash, or any other form of benefit, unless explicitly authorized by the Company.

Point Expiration

Points will expire if a Member has not engaged in point-earning or point-redeeming activity for a period of 12 months. Additionally, points will expire upon the termination or revocation of Membership for any reason. For inquiries regarding point activity, contact Customer Service at info@barandcocoa.com.

Member Profile Page

Members can access their profile page on barandcocoa.com to view their current point balance, tier status, and other Program-related information.

3. Privacy Policy & Email Communications

Bar & Cocoa is committed to respecting your privacy. By enrolling in the Program, you consent (or, in the case of minors, consent is granted by a parent or legal guardian) to the terms of Bar & Cocoa's Privacy Policy and Website Terms of Use. The information collected will be used for security measures, including the detection of fraudulent or illegal activities and protection against the manipulation of Premier points and benefits or violation of these Terms.

4. Communications with Bar & Cocoa; Opting Out

By becoming a Member, you consent (or, for minors, consent is provided by a parent or legal guardian) to receive promotional and informational communications from Bar & Cocoa. Enrollment in the Program automatically subscribes you to Program-related emails.

Should you wish to discontinue receiving these communications, you may update your client profile on barandcocoa.com or contact Customer Service at info@barandcocoa.com.

5. Program Modifications, Termination, and Exclusions

Bar & Cocoa reserves the right to alter, limit, or modify the Program's rules, benefits, or terms at its sole discretion. Such changes will be posted on the Bar & Cocoa website. For Quebec residents: When required by law, a written notice of such changes will be provided between 60 and 90 days before the changes take effect.

**Your continued participation in the Program constitutes acceptance of any changes.**

Bar & Cocoa also reserves the right to exclude individuals from the Program and to remove points for actions that are inconsistent with Program policies. This may include, but is not limited to, Program abuse, manipulation, failure to adhere to Program terms, inactivity for more than 12 months, or any behavior detrimental to Bar & Cocoa. A third-party provider may be used to monitor compliance with Program rules and policies. Membership is non-transferable, and purchases must be made by the Member. Points will automatically expire if Membership is revoked or canceled for any reason.

6. Copyright

All aspects of the Program, including text, design, logos, graphics, and software, are Copyright © 2023 Bar & Cocoa, All Rights Reserved. The compilation of all Program content is the exclusive property of Bar & Cocoa and is protected by U.S. and international copyright laws. Software used in the Program is either proprietary to Bar & Cocoa or its software suppliers and is also protected under applicable copyright laws. Permission is granted to electronically copy and print portions of Program materials solely for personal use in interacting with the Program. Any other usage, including modification, distribution, or republishing, without prior written consent from Bar & Cocoa is strictly prohibited.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Bar & Cocoa shall not be liable for any damages arising from or in connection with your participation in the Program, including but not limited to changes to or termination of the Program. This comprehensive limitation applies to all damages of any kind, including direct, indirect, consequential, punitive, loss of data, income, or property damage, and claims of third parties. These limitations shall apply regardless of the legal theory under which such damages are sought and even if Bar & Cocoa has been advised of the possibility of such damages. By agreeing to these Terms, you (or, if a minor, your parent or legal guardian) acknowledge that this limitation of liability is a reasonable allocation of risk.

8. Dispute Resolution

Should a dispute arise between you and Bar & Cocoa, our customer service team, reachable at info@barandcocoa.com, will aim for an efficient and cost-effective resolution. If a dispute cannot be resolved through our customer service team, the terms outlined herein will govern the dispute's resolution.

To the extent permitted by law, any cause of action arising out of or related to the Program must commence within one (1) year after the cause of action accrues; otherwise, such cause is permanently barred.

9. Agreement to Arbitrate Disputes – U.S. Residents Only

Read this section carefully as it affects your legal rights, including your right to file a lawsuit in court and have a jury hear your claims. It outlines procedures for mandatory binding arbitration and includes a class action waiver.

You and Bar & Cocoa agree to resolve claims related to this Program through final, binding arbitration. Arbitration is an alternative to litigation and is generally a quicker and more streamlined way to resolve disputes. Any disputes shall be governed by the Federal Arbitration Act and initiated through JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures.

No Class Actions: You may only resolve disputes individually; class actions and consolidations with other arbitrations are not permitted.

Opt-Out: You may opt out of this arbitration provision by emailing info@barandcocoa.com within 30 days of agreeing to these terms.

10. Choice of Law/Forum Selection

These Terms are governed by Colorado State law, without regard to its conflict of law provisions. Any litigation under these Terms shall be conducted in the courts located within Denver County, Colorado. For Canadian residents, these Terms will be governed by applicable Canadian laws.

11. Severability

If any provision of these Program Terms is found to be unenforceable, it will be modified to the extent necessary to make it enforceable, preserving the remainder of the Terms.

12. California Notice of Financial Incentive

In accordance with California law, loyalty programs may be considered a financial incentive. For more details, please visit our Privacy Policy on barandcocoa.com.