Buffalo Wild Wings, Application Terms of Use

August 15, 2022

These terms and conditions of use (the “Terms”) govern your use of our online interfaces and properties, including our websites and mobile applications, and any loyalty program or other program or services where these Terms appear (collectively, the “Site”). Please read these Terms carefully before using this Site. The Site is owned or controlled by the Olayan Group (“We”). We are headquartered in the Kingdom of Saudi Arabia and our main trading address is DAREEN CENTRE, OLAYAN BUILDING, IHSAA STREET, RIYADH (AL), 11576, SA. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to us, you agree to and are bound by the terms, conditions, policies and notices contained in the Terms. From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. This Site is offered and available to users who are at least 13 years or older. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

These Terms provide that all disputes, controversies, or claims arising between you and B-Dubs will be resolved by BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights (except for matters that may be taken to small claims court or as it relates to provisional or injunctive relief). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Arbitration Agreement for the details regarding your agreement to arbitrate any and all disputes with B-Dubs.

Content on this Site that is provided by B-Dubs or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("B-Dubs Content") is the property of B-Dubs and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any B-Dubs Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of B-Dubs, in any other manner that is likely to cause confusion among consumers, that disparages or discredits B-Dubs and/or its licensors, that dilutes the strength of B-Dubs or its licensor's property, or that otherwise infringes B-Dubs or its licensors’ intellectual property rights. You further agree to in no other way misuse any B-Dubs Content or third-party Content that appears on this Site.

Please also consult our Privacy Policy for a description of our privacy practices and policies. Our Privacy Policy is a part of these Terms and you agree to our use and sharing of the information we collect about you as described in our Privacy Policy.

The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by B-Dubs in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. B-Dubs will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

The Site is not intended for use by anyone who has not yet reached the legal age of majority. If a particular feature or service offered on the Site requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. B-Dubs is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

The Buffalo Wild Wings® Wild Herd Loyalty Program (the "Wild Herd Program") is a reward program offered by B-Dubs. Enrollment, membership, and all related benefits of the Wild Herd Program, including the use of the Wild Herd Program website or mobile application, are offered to you by B-Dubs, at its discretion. The Program is restricted to participating Buffalo Wild Wings® restaurants located within the Middle East region (“Participating Restaurants”). Your participation in the Wild Herd Program is subject to these Terms including any changes made to these Terms in the future. The Wild Herd Program is subject to cancellation or modification at any time without notice.

Eligibility

“Eligible Guests” must have a valid email address and telephone number. Eligible Guests must also have reached the age of majority in their jurisdiction of residence (but no younger than 13 years of age) as of the date of enrollment. The Wild Herd Program is provided to individuals only. Businesses, corporations, joint ventures, partnerships, groups, associations, and other non-personal entities are not eligible to participate in the Wild Herd Program. All memberships are non-transferable.

Enrollment

To become a member of the Wild Herd Program, Eligible Guests must enroll, complete all required information, and successfully accept these Terms (each, a “Member”). Guests can choose to enroll in the Wild Herd Program through the program website (http://www.wildherdrewards.com), the mobile application, or an in-restaurant tablet application at participating B-Dubs locations, as available. The following Guest information is required to enroll in the program: full name, birth month and birth year, email address, phone number, and zip code.

All information submitted must be truthful and accurate. It is the Member’s responsibility to ensure that the information provided remains current, and to promptly notify B-Dubs (by updating the Member’s profile) of any changes. The Member is responsible for restricting access to and maintaining the confidentiality of his/her account and password and agrees to accept responsibility for the activities of anyone using the Member’s password. Any use or interaction with the Wild Herd Program is considered acceptance of these Terms.

Each Eligible Guest may only have one account. Two or more Members cannot combine or merge accounts for any reason; an individual Member that has multiple accounts (except in instances of fraud) can request that their accounts be merged. B-Dubs reserves the right at any time to limit Wild Herd Program enrollment, or to establish different rules for Wild Herd Program participation.

If a member is suspected of fraud or theft or has otherwise acted illegally, or is in violation of these Terms, B-Dubs may void membership, temporarily or permanently suspend the suspected account(s), and the Member may be prevented from creating a new account. If a membership is voided, all points and benefits earned or obtained through the Wild Herd Program are also voided without remedy unless otherwise determined in the sole discretion of B-Dubs. These rights are in addition to any other legal or equitable remedy that may be available to B-Dubs under applicable law.

Earning

Members will earn one (1) point for every one (1) Saudi Riyal or the local equivalent spent on eligible purchases. For other details about points accrual, visit https://bufflowildwings.sa/wildherdrewards.

Eligible purchases do not include the purchase of Buffalo Wild Wings® Gift Cards, taxes, surcharges, rewards, gratuity, and certain promotional offers. Other exclusions may apply. Orders made through third-party delivery platforms may not qualify as purchases toward member status or receipt of points. These purchases are also not eligible to receive points as a missed transaction requests. Orders placed by or on behalf of third-party aggregators, groups, organizations, and business entities will not generate qualifying purchases and will not count toward your member status or receipt of points.

In order for the Member to earn points, the Member’s phone number tied to the Member’s account (a Member’s 'Account Number') must be provided to their server. If Members do not provide a valid Account Number to their server, Members can request that the points for that purchase be retroactively credited to the Member’s account with the information on the applicable receipt, ONLY if the retroactive request is made within fourteen (14) calendar days of the original purchase.

A maximum of one (1) retroactive credit request is allowed per Member within a thirty (30) day period.

Retroactive requests are not available without the proof of purchase information that is tied to the applicable receipt. The granting of retroactive credits is at the sole discretion of B-Dubs. Members will also have opportunities to earn points by participating in Program promotions. The terms for the points earned from Program promotions will vary and will be outlined in the promotion details. There is no limit on the number of points that a member can earn in the Member’s account; however, each promotion may have its own point earning limits. Points can only be earned on eligible purchases made by that Member. Points are non-transferrable. Points do not have any cash value and cannot be redeemed for cash. Points may expire if a member does not earn any points through an eligible purchase within a twelve (12) month period. Points may be removed by B-Dubs if a member account is suspended for more than thirty (30) consecutive days.

B-Dubs reserves the right to invalidate purchases credited to a member’s account and associated points if it is determined that (a) points were incorrectly posted to a member’s account, or (b) points were obtained fraudulently.

Please carefully note the restrictions listed in any offer as the ability to earn points for delivery purchases and certain online orders may be excluded from eligibility.

Rewards And Benefits

Members can view the reward options and the points required to redeem the reward by visiting the Wild Herd Program website (https://bufflowildwings.sa/wildherdrewards), the mobile application, or an in-restaurant tablet application. When a member accumulates enough points for a reward, the Member has the option to use those points to obtain a reward. The number of points required for rewards will vary. The use of points to obtain a reward is at the sole discretion of the Member.

If the Member chooses to use accumulated points to get a reward, the Member will select the reward item via the Wild Herd Program website (https://bufflowildwings.sa/wildherdrewards), the mobile application, or an in-restaurant tablet application, and follow the prompts to submit the reward request. Upon selection of a reward to be redeemed, the points for the reward will immediately be deducted from the accumulated point balance. For menu reward items, the rewards are accessible instantly upon request and will be available to use for 30 days from the time the reward request was submitted. Menu item rewards will automatically be applied to the next purchase of that item if that item is purchased in a participating B-Dubs within the 30-day period. For menu items, the submitted rewards that are not redeemed will automatically expire in 30 days. For non-menu reward items, the availability of the reward will vary and will be specified in the reward item detail. The Wild Herd Program reward requirements are subject to additions, modifications, inclusion/exclusion changes and eliminations. Expired rewards will not be replaced and will not be re-credited to a Member’s account. Rewards may not be used toward payment of tax or gratuity, or Buffalo Wild Wings® Gift Cards. Rewards have no cash value, are not for resale and are not redeemable for cash. In the event the reward selected by you is not available, B-Dubs will inform you accordingly and the points deducted from your accumulated points balance towards the redemption of such reward will be added back to your accumulated points balance. B-Dubs reserves the right to delay the processing of any reward in order to assure compliance with these Terms and notify you of the reason for the delay and, if applicable, the estimated delivery time of such reward. Void where prohibited.

Program Communications

By enrolling into the Wild Herd Program and ticking the relevant consent checkbox, the Member is opting in to receive B-Dubs communications sent by email, in-app notifications and in-app messages. Members may choose to opt-out of receiving marketing email communications by clicking the Unsubscribe button contained in those emails. Even if you opt out of getting B-Dubs marketing messages, we will still send you transactional messages. Members may adjust their in-app notifications and messages preferences in their phone’s settings menu.

Program Promotions and Benefits

The Wild Herd Program website and mobile application will explain Wild Herd Program benefits and specific promotion details, which are subject to change at any time. Program benefits, promotions, updates, and account-based operational messages may be communicated to Members via email and/or disclosed on our Program website and mobile applications. The terms of specific Wild Herd Program promotions will be disclosed at the time of the offering. Some Wild Herd Program promotions may include rewards based on the local currency amount you spend on purchases of food at participating restaurants.

B-Dubs will not have any liability for (a) any printing, production, typographical, mechanical, or other errors regarding the earning, redemption or accumulation of participation credit or any other aspect of the Wild Herd Program; (b) any delay or failure to credit your account; or (c) any failure to provide Wild Herd Program communications.

B-Dubs may provide additional benefits for Members based on the number of points accrued in a 365 consecutive day period. Those benefits are subject to change and may be modified or withdrawn by B-Dubs at any time.

Account Change or Cancellation

A Member may cancel membership in the Blazin’ Rewards Wild Herd Program by contacting us at support@olayanfood.com. Cancellation may take up to ten (10) business days to finalize. During the first 24 hours of that period, a member may receive previously scheduled or triggered marketing or transactional emails. Immediately upon membership cancellation, a Member forfeits all Program reward and/or points. B-Dubs reserves the right to deactivate any Member account that has not earned points on an eligible purchase in a period greater than twelve (12) months. If B-Dubs, in its reasonable discretion, believes a Member has two or more accounts, or the account(s) have otherwise been flagged to be associated with fraudulent activity, B-Dubs reserves the right to suspend or deactivate any Member account(s) until the concern is resolved.

Program Change or Termination

You can purchase products and/or services on the Site. All prices displayed on the Sites are quoted in local currency and are valid and effective only in the issuing jurisdiction. B-Dubs reserves the right, without prior notice, to discontinue or change specifications on products and/or services offered through the Site. B-Dubs reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

All descriptions, images, features, specifications, products, and prices of products and/or services are subject to change at any time without notice. The inclusion of any products or services on a Site does not imply or warrant that these products or services will be available. B-Dubs reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any products or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any products or service. You acknowledge and agree that web and mobile ordering and the ability to purchase products or service is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location. Once an order for any products or services is made on the Site, changes cannot be made to the order except to the extent edit options are made available on the Site in B-Dubs sole discretion.

We accept credit and debit cards issued by Saudi banks and other select territories in which we operate. If a credit card account is being used for a transaction, B-Dubs may obtain preapproval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You understand and agree that you are charged at the time you place your order for products or services. You further understand and agree that the transaction for the purchase of products or services is final and complete at the time you are charged. You agree to pay all charges incurred by you, on your behalf, or by your account through the Site. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete; (ii) charges incurred by you will be honored by your credit/debit card company or bank; (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, the B-Dubs Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Site is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Site are your sole responsibility and we shall have no liability for such decisions.

This Site may hyperlink to sites not maintained by or related to B-Dubs. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or B-Dubs, and B-Dubs makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site's privacy policy, and B-Dubs has no control over how your information is collected, used, or otherwise handled.

The use of B-Dubs mobile application (“App”) requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from B-Dubs, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third-party fees associated therewith, including fees or information sent to or through the App. B-Dubs does not warrant that the App will be compatible with your mobile device. If you download the App, we may send you special offers and messages. These in-App offers may have specific terms and conditions outlined in the offer. These in-App offers and in-App messages are integrated features of the App. If you do not wish to receive these in-App offers and in-App messages, you must delete the App. If you download the App, with your permission, we may also push notifications to your device. You will be able to opt out of push notifications in your device’s settings.

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. WHERE PERMITTED BY LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. B-Dubs makes no representations about the reliability of the features of this Site, the B-Dubs Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. B-Dubs makes no representations regarding the amount of time that any B-Dubs Content or User Content will be preserved.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. B-DUBS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, even if foreseeable, arising under or in connection with:
use of, or inability to use, our website; or
use of or reliance on any content displayed on our website.
If you are a business user, please note that, we will not be liable for:
loss of profits, sales, business, or revenue.
business interruption.
loss of anticipated savings.
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Unless otherwise noted specifically herein, these terms of use, its subject matter and its formation, are governed by [the laws of the Kingdom of Saudi Arabia]. You and we both agree to that the courts of the Kingdom of Saudi Arabia will have non-exclusive jurisdiction

B-Dubs may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that B-Dubs will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

Any other terms on our Site are hereby incorporated by reference into these Terms.

B-Dubs may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this agreement, or any part of it, to any other person. Any attempt by you to do so is void.

These Terms constitute a binding agreement between you and B-Dubs and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and B-Dubs regarding the use of the Site and your account. Both you and B-Dubs acknowledge and agree that no partnership is formed and neither of you nor B-Dubs has the power or the authority to obligate or bind the other. If B-Dubs fails to act with respect to your breach or anyone else's breach on any occasion, B-Dubs is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.