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LOYALTY PROGRAM TERMS AND CONDITIONS

Last updated: June 3, 2026 

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 11. BY JOINING THE PROGRAM, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION PROCEEDINGS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU HAVE A 30-DAY RIGHT TO OPT OUT OF ARBITRATION (SECTION 11.5). 


1. Introduction 

1.1. 

The Loyalty Program (the "Program") is operated by Three Oaks Hospitality, as further described in Appendix A ("we," "us," "our," or the "Company"). 

1.2. 

These Terms and Conditions govern the Program and the relationship between the Company and the Program members. 

1.3. 

By registering for the Program, you agree to these Terms and Conditions and are bound by them, as may be amended from time to time in accordance with Section 8. 

1.4. 

You also consent to our collection, use, and disclosure of your personal information in accordance with our Privacy Notice, available at the link specified in Appendix A, which is incorporated herein by reference. You also acknowledge that we may disclose your personal information to our supplier Tabit Technologies, Inc. ("Tabit") and you consent to Tabit processing your personal information in accordance with its privacy notice (https://legal.tabit.cloud/us-documents/online-documents/us-online-privacy/) ("Tabit Privacy Notice"). 

1.5. 

Membership in the Program is intended for private individuals only and for personal, non-commercial use. It is not intended for businesses, corporations, institutions, or similar entities. 

1.6. 

The Company may engage third parties to provide the Program and/or related services, who will act on behalf of the Company. 

1.7. Points Are Not Gift Cards. 

Points are loyalty rewards issued without monetary consideration. Points are not gift cards, gift certificates, stored-value cards, or other monetary instruments, and are not subject to state gift card or escheat laws. Points have no cash value and may be voided in accordance with these Terms and Conditions. 


2. Membership Eligibility and Registration 

2.1. 

Membership is available to individuals who are 18 years of age or older. 

2.2. 

To become a member, you must complete the registration process, which may include providing personal information such as your name, contact details, and date of birth. 

2.3. 

You are responsible for maintaining the accuracy of your membership details. Please inform us of any changes to your contact information. 

2.4. 

Subject to applicable law, we reserve the right to refuse membership to any person at our discretion. 

2.5. 

The responsibility for providing accurate information on the registration form, including contact details, and for updating the Company regarding any changes to these details, lies solely with the customer. The customer shall have no claim against the Company, including in cases of non-delivery of communications, updates, notifications, or benefits due to errors in providing details or failure to update said details. 

2.6. 

Each individual may hold only one membership account in the Program. The creation of multiple accounts by the same individual is not permitted. If we identify duplicate accounts, we reserve the right to merge or terminate the duplicate account(s) at our discretion, and any Points associated with duplicate accounts may be forfeited. In the event of a merge, the Company will determine in its reasonable discretion which account and associated points balance is retained. 

2.7. Right to Cancel Membership. 

You may cancel your Program membership at any time by contacting us at the email in Appendix A. Cancellation will result in the forfeiture of any unredeemed Points. Data deletion requests are handled in accordance with our Privacy Notice. 


3. Earning Points 

3.1. 

Members earn Points on eligible purchases made at the Business's locations. The earning rate and parameters are set out in Appendix B. Accumulation is subject to a daily transaction limit and a maximum point balance, as specified in Appendix B. Purchases in excluded categories, as listed in Appendix B, do not earn Points. 

3.2. 

The following are excluded from earning Points in all cases, regardless of any other terms: (a) delivery fees, service fees, and gratuities; (b) gift card purchases; (c) any item or order that has been discounted for any reason, whether through a loyalty program benefit, a promotional offer, or any discount applied at the point of sale. 

3.3. 

To earn Points, you must identify yourself as a member at the time of purchase by providing your phone number. Points cannot be credited retroactively — once a transaction is closed, it is complete and no points will be added for that transaction. 

3.4. 

Points are earned exclusively on purchases made directly through the Business's own ordering channels. Purchases made through third-party delivery or ordering platforms are not eligible to earn Points, regardless of whether the Business's products are available on such platforms. 

3.5. 

Points earned on a purchase will be available for redemption starting from the next purchase following the purchase on which they were credited. 

3.6. 

We reserve the right to adjust the earning rate, eligible purchases, accumulation limits, and other aspects of the Points system at any time with at least 30 days' prior notice to members in accordance with Section 8. 

3.7. 

In case of any transaction cancellation, the Points earned for that transaction will be automatically cancelled. For the avoidance of doubt, no rights will accrue to the member as a result of paying cancellation fees. 

3.8. Refunds and Claimed Rewards. 

If a purchase on which Points were redeemed is subsequently refunded or cancelled, redeemed points will not be automatically restored to your account. To request reinstatement of redeemed points in connection with a refund, you must contact us using the details in Appendix A and provide both the original transaction receipt and the refund receipt. Approved reinstatement requests will be processed at our discretion. Points earned on the refunded purchase will be cancelled in accordance with clause 3.7. Approved reinstatement requests will be processed within thirty (30-45) days. The Company will have no obligation to reinstate a claimed reward in the absence of the required documentation. 


4. Redeeming Points 

4.1. 

The dollar value of each Point is set out in Appendix B. 

4.2. 

Cashback Points can be redeemed freely at any time for any approved purchase at the Business's locations. 

4.3. 

There is no minimum redemption amount. You can redeem any number of points, up to the full value of your purchase. 

4.4. 

To redeem Points, simply inform our staff at the time of purchase that you wish to use your points. You must identify yourself as a member by providing your phone number. 

4.5. 

Points can be used for full or partial payment of your bill. If your points do not cover the entire bill, you can pay the remaining balance using other accepted payment methods. 

4.6. 

Redemptions cannot be reversed once processed. 

4.7. 

Points have no cash value and cannot be exchanged for cash or transferred to other members.


5. Expiry and Cancellation of Points 

5.1. 

Points will expire after the period specified in Appendix B from the date of issue if not used to claim a reward. 

5.2. Enforcement and Abuse. 

(a) We reserve the right to investigate any membership activity that we reasonably suspect involves fraud, abuse, misuse of the Program, or violation of these Terms and Conditions. 

(b) If, following such investigation, we determine that a member has engaged in fraudulent or abusive activity, we reserve the right to: (i) suspend or terminate the membership without notice; (ii) cancel, reverse, or forfeit any Points earned or rewards claimed in connection with such activity, including points already credited to the account; and (iii) take any other action we deem appropriate in our reasonable discretion. Reinstatement of a suspended or terminated membership is at our reasonable discretion. 

(c) We will not be liable to any member for any loss or damage arising from enforcement actions taken in good faith under this clause, including actions taken based on a reasonable but ultimately incorrect suspicion of fraud or abuse, or the cancellation or forfeiture of Points. 

5.3. Inactive Accounts. 

An account is considered inactive if no purchases, redemptions, or other account activity have been recorded for a period of 24 consecutive months. We reserve the right to close inactive accounts and void any remaining Points balance. Prior to closing an inactive account, we will provide at least thirty (30) days' notice to the member by email (and, where reasonably available, by in-app notification) at the contact details on file, during which period the member may take action to reactivate the account. 

 
6. Additional Benefits 

6.1. 

The purchase of Company products as part of benefits and/or promotions given to members shall be made only through payment in cash or credit card. No other means of payment will be accepted, including coupons, vouchers, compensations, credit points, gift cards, discount cards, and the like. 

6.2. 

The redemption of benefits is subject to the availability of products in the branch inventory where the customer wishes to redeem the benefit. 

6.3. 

Each benefit can be redeemed only once, unless otherwise stated. 

6.4. 

The Program may offer additional benefits to members, including time-based or milestone rewards. Details of any such benefits, if offered, are available on the Business's website or as communicated to members from time to time. 

6.5. 

Any additional benefits are offered at the reasonable discretion of the Company and do not constitute a commitment to provide such benefits on an ongoing basis. The Company reserves the right to modify, suspend, or discontinue any additional benefit at any time on reasonable advance notice. 


7. Communications 

7.1. 

By joining the Program, you consent to receive communications from us regarding your account and Program offers. The collection, use, and processing of your personal information, as well as your rights regarding marketing communications, are governed by our Privacy Notice, available at the link specified in Appendix A. 

7.2. 

Please note that even if you opt out of marketing communications, we may still contact you with important information related to your account or these Terms and Conditions.[Text Wrapping Break] 


8. Modifications to the Program 

8.1. 

We reserve the right to make changes to the Program, including modifications to these Terms and Conditions, the way Points are earned, redeemed, or expire, and any other aspect of the Program, subject to the notice provisions in this Section. 

8.2. Minor or Operational Changes. 

Minor or operational changes — including adjustments to excluded purchase categories, daily transaction limits, point balance caps, and contact or administrative details — may be made at any time and will take effect upon posting to the Business's website or notification through the Program. 

8.3. Material Changes. 

Material changes that may adversely affect members' ability to earn or redeem Points will be communicated with at least 30 days' advance notice via email and prominent notices on our website and in our locations. During the notice period, the existing terms will continue to apply, and you may cancel your membership without forfeiture if you do not wish to accept the change. 

8.4. Acceptance. 

Your continued participation in the Program after the effective date of any change constitutes your acceptance of that change. If you do not agree with the change, you must cancel your membership in the Program before the effective date. 

8.5. Fraud / Abuse. 

Notwithstanding the foregoing, we may suspend or terminate individual memberships without notice in cases of suspected fraud, abuse of the Program, or violation of these Terms and Conditions, as further described in Section 5. 


9. Limitation of Liability 

9.1. 

We will use commercially reasonable efforts to deliver the Program to you in accordance with these Terms and Conditions. However, you acknowledge and agree that we will not be liable to you for any failure to comply with these Terms and Conditions that are beyond our reasonable control. 

 9.2. 

Subject to clause 9.4, our liability to you will in all cases be limited to an amount that is the greater of: (a) the amount of Points on your account at the time the event giving rise to liability occurred; or (b) the amount of Points that should be on your account but are not due to an error by us. 

9.3. 

Subject to clause 9.4, and with the exception of us honoring or paying you the value of any Points that you may be entitled to, in no circumstances will we be liable to you for any indirect or consequential loss (this includes loss of revenue or profits, loss of opportunity, and any other commercial or economic loss of any kind). 

9.4. Carve-outs from Limitation. 

Nothing in this Section 9 limits or excludes any liability that cannot lawfully be limited or excluded, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that may not be limited or excluded under applicable law. 

9.5. 

Nothing in this clause 9 limits or excludes any of your rights and remedies which we are not lawfully permitted to so limit or exclude. 


10. Governing Law 

10.1. 

These Terms and Conditions are governed by the laws of the state specified in Appendix A, without regard to its conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 11. Subject to Section 11, any disputes not subject to arbitration shall be brought exclusively in the courts specified in Appendix A. 

11. Dispute Resolution 

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES BINDING INDIVIDUAL ARBITRATION OF MOST DISPUTES, WAIVES YOUR RIGHT TO A JURY TRIAL, AND PROHIBITS CLASS, COLLECTIVE, AND REPRESENTATIVE ACTIONS. YOU HAVE A 30-DAY RIGHT TO OPT OUT (SECTION 11.5). 


11.1. Informal Resolution. 

Before initiating any formal proceeding, you agree to send a written Notice of Dispute to us at the contact in Appendix A, stating: (a) the nature and basis of the claim; (b) the specific relief sought; and (c) your name, account information, and contact details. You and the Company agree to negotiate in good faith for sixty (60) days from receipt of the Notice of Dispute to resolve the dispute informally. 

11.2. Binding Arbitration; Delegation. 

If the dispute is not resolved within sixty (60) days, you and the Company agree to resolve any dispute, claim, or controversy arising out of or relating to the Program or these Terms and Conditions — including the validity, enforceability, scope, or applicability of this arbitration agreement (the "Delegation Clause") — exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that a court of competent jurisdiction (and not the arbitrator) will decide any challenge to the enforceability of the Class Action Waiver in Section 11.3. The arbitration will take place in the state specified in Appendix A, or by telephone or videoconference if mutually agreed. The allocation of arbitration fees and costs will be governed by the AAA Consumer Arbitration Rules. 

11.3. Class Action Waiver. 

YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Neither you nor the Company may join or consolidate claims with those of any other person. If this Class Action Waiver is found unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed and may proceed in court, while all other claims will continue in arbitration. 

11.4. Jury Trial Waiver. 

To the extent permitted by applicable law, you and the Company each waive any right to a jury trial in connection with any dispute arising out of or relating to these Terms and Conditions. 

11.5. 30-Day Right to Opt Out of Arbitration. 

You may opt out of the arbitration agreement in Sections 11.2–11.4 by sending written notice to us at the contact in Appendix A within thirty (30) days of first becoming a member of the Program. The notice must include your name, account information, and a clear statement that you wish to opt out of arbitration. If you opt out, the remaining provisions of these Terms and Conditions will continue to apply. 

11.6. Mass / Coordinated Arbitrations. 

If twenty-five (25) or more similar arbitration demands are filed by or on behalf of members represented by the same or coordinated counsel within a sixty (60)-day period, the parties agree that AAA will administer the arbitrations in staged batches of up to fifty (50) demands at a time ("Batches"). Each Batch will proceed before a single arbitrator on a representative-bellwether basis. After each Batch, the parties will engage in good-faith settlement discussions to resolve the remaining demands before commencing the next Batch. Filing fees and arbitrator fees for non-Batch demands will be tolled until the prior Batch concludes. 

11.7. Exceptions. 

Either party may bring an individual claim in a small claims court of competent jurisdiction (so long as the matter remains in that court), and either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. 

11.8. Confidentiality. 

Except as required to confirm, vacate, or enforce an arbitration award, neither party will disclose the existence, content, or results of any arbitration without the prior written consent of the other party, except as required by law. 


12. Program Termination 

12.1. 

The Company reserves the right to suspend, modify, or terminate the Program at any time, subject to the notice provisions in this Section. 

12.2. 

In the event of full Program termination, the Company will provide members with at least 90 days' written notice, during which members may use any outstanding Points and redeem claimed rewards in accordance with these Terms and Conditions. 

12.3. 

Upon expiry of the notice period, any unredeemed Points and unclaimed rewards will be automatically forfeited and will have no cash or other value. The Company will have no further obligation to members in respect of forfeited points or rewards. Because Points are issued without consideration and are not gift cards, this forfeiture is not subject to state gift card or escheat laws. 

12.4. 

Beyond honoring the notice period set out in clause 12.2, the Company will not be liable to any member for any loss, damage, or claim arising from the suspension, modification, or termination of the Program. 


13. Indemnification 

You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms and Conditions; (b) your misuse of the Program or fraudulent activity in connection with the Program; or (c) your violation of any applicable law or regulation or the rights of any third party. 


14. Force Majeure 

The Company will not be liable for any failure or delay in performance under these Terms and Conditions arising from causes beyond its reasonable control, including acts of God, natural disasters, pandemic or epidemic, fire, flood, war, terrorism, civil unrest, labor disputes, governmental action, utility or carrier failure, internet or telecommunications outages, or third-party platform failures. 

 
15. Severability 

If any provision of these Terms and Conditions is held invalid or unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be reformed only to the minimum extent necessary to make it enforceable. The unenforceability of one provision will not affect the enforceability of any other. 


16. No Waiver 

The Company's failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company. 


17. Assignment 

You may not assign or transfer these Terms and Conditions or any rights or obligations hereunder, by operation of law or otherwise, without the Company's prior written consent. The Company may assign these Terms and Conditions, in whole or in part, to any successor in interest, including in connection with a merger, acquisition, financing, or sale of assets. 


18. Entire Agreement 

These Terms and Conditions, together with the Privacy Notice and the SMS Terms and Conditions (where applicable), constitute the entire agreement between you and the Company with respect to the Program and supersede all prior or contemporaneous communications and agreements on that subject. 


19. Headings; Interpretation 

Section headings are for convenience only and shall not affect the interpretation of these Terms and Conditions. References to "including" and "include" are without limitation. 


20. Survival 

Sections 5 (Expiry and Cancellation), 9 (Limitation of Liability), 10 (Governing Law), 11 (Dispute Resolution), 12 (Program Termination), 13 (Indemnification), 15 (Severability), 16 (No Waiver), 17 (Assignment), 18 (Entire Agreement), and 19 (Headings; Interpretation) survive any termination of your membership in the Program or termination of the Program itself. 


21. Notices 

Notices to you will be sent to the email or mobile number associated with your account or, where appropriate, posted on the Business's website. Notices to the Company must be sent to the contact in Appendix A. 

By participating in the Program, you acknowledge that you have read, understood, and agree to these Terms and Conditions. 

 

 

Appendix A — Business Configuration 

Business Legal Name | Three Oaks Hospitality  

Operating Name | Three Oaks Rewards

Principal Business Address | 220 W. 7th Ave. Suite 110, Tampa, FL 33602 

Privacy Notice | https://www.threeoakstampa.com/privacy-policy 

SMS Terms & Conditions | https://www.threeoakstampa.com/sms-privacy-policy  

Governing State | Florida  

Court Jurisdiction | Hillsborough County, Florida  

Contact Email (privacy requests) | https://www.threeoakstampa.com/contact  

Other Contact Information | https://www.threeoakstampa.com/contact 

 

Appendix B — Points Terms

This Appendix sets out the specific parameters that apply to the earning, redemption, and expiry of Points under the Program. The highlighted values below should be completed by the Business prior to publication. 

  • Each Point has a dollar value of $1.00. 

  • Members earn Points at a rate of 10% of the total eligible spend per transaction. 

  • Points are not earned on purchases in the following excluded categories: Gift cards or alcohol 

  • A member's Point balance may not exceed $100 at any time. 

  • Points may only be earned on 2 transaction(s) per member per day. 

  • The maximum value of Points that may be applied to a single transaction is $25. 

  • Points that are not redeemed will expire 12 months from the date on which they were issued.