Inner Circle+ Terms & Conditions
FIREBIRDS INNER CIRCLE +
Subscription Terms
- OVERVIEW
- Inner Circle+ is a subscription program offered by Firebirds International, LLC (“Firebirds”) at restaurant locations whereby, for a monthly fee of $19.95 (plus tax), subscribers will receive certain exclusive member benefits. Subscribing to Inner Circle+ is available for existing Inner Circle members but is entirely VOLUNTARY. Existing Inner Circle members may choose whether (or not) to subscribe to Inner Circle+ without in any way affecting their participation and use of Inner Circle.
- To subscribe to Inner Circle+, you must be 18 years of age or older and accept and agree to these Subscription Terms. The act of subscribing to Inner Circle+ and your continued use of Inner Circle+ constitutes your agreement to these Subscription Terms. Firebirds reserves the right to condition subscribing to Inner Circle+ upon verification of your eligibility in Firebirds’ sole discretion. DO NOT SUBSCRIBE TO INNER CIRCLE+ (OR, IF ALREADY A SUBSCRIBER, CONTINUE YOUR SUBSCRIPTION) IF YOU DO NOT AGREE TO THESE SUBSCRIPTION TERMS.
- These Subscription Terms include Firebirds’ Website Terms of Use (found at https://firebirdsrestaurants.com/privacy-policy), which are incorporated herein by reference. In the event of any inconsistency between the Website Terms of Use and these Subscription Terms, the Website Terms of Use will prevail, govern and control in all respects, except for the Inner Circle+ program (as to which these Subscription Terms will prevail, govern and control.)
- FIREBIRDS MAY UPDATE THESE SUBSCRIPTION TERMS (AND THE INNER CIRCLE+ PROGRAM ITSELF) FROM TIME TO TIME. Updates may include, by way of example only, the available benefits with an Inner Circle+ subscription, the conditions/limitations on redeeming benefits (for example, minimum required purchase for Free Delivery benefit), and third-party partners participating in the Inner Circle+ program. Firebirds will try to provide reasonable notice of such updates prior to the updates taking effect. However, if the updates are necessitated by an act beyond Firebirds’ reasonable control (for example, natural disaster, pandemic/epidemic, strike, riot, civil unrest, act of government [whether or not ultimately upheld as being lawful], act of terrorism or the threat of same), Firebirds may implement such updates immediately. In all cases, Firebirds will post any updates at https://firebirdsrestaurants.com/loyalty-program including the effective dates for such updates. Accordingly, it is advised that you periodically check https://firebirdsrestaurants.com/loyalty-program to make sure that you are aware of the current version of the Inner Circle+ Program.
- INNER CIRCLE+ SUBSCRIPTION
- To subscribe: Go to https://firebirdsrestaurants.com/loyalty-program. If you are already an Inner Circle member, follow the prompts and provide all required information including a credit card, debit card or other valid payment method. (Existing Inner Circle member may receive an email from Firebirds with a link to https://firebirdsrestaurants.com/loyalty-program). To subscribe to Inner Circle+, download the free Firebirds app or go to https://firebirdsrestaurants.c... and provide your first and last name, email address, phone number, zip code of your residential address, birth date and your favorite Firebirds restaurant location. (You cannot subscribe at a Firebirds restaurant location.)
- You agree to provide Firebirds only with information that is truthful, accurate, correct, current and complete at all times, updating your information as necessary. This includes the provided payment method as discussed below.
- There is a limit one (1) Inner Circle+ membership per person. Inner Circle+ membership is valid only for the personal, non-commercial use of the corresponding Inner Circle+ member and is not transferable to other persons. Any dispute as to the identify of Inner Circle+ member will be resolved by Firebirds in its sole discretion.
- By joining Inner Circle+, you agree to receive e-mail communications from Firebirds regarding your Inner Circle+ membership as well as promotional e-mails from Firebirds as per Firebirds’ privacy policy found at https://firebirdsrestaurants.com/privacy-policy.
- VIOLATION OF THE RESTRICTIONS IN SUBSECTIONS b and c MAY RESULT IN FIREBIRDS SUSPENDING OR EVEN TERMINATING YOUR INNER CIRCLE+ MEMBERSHIP WITH LOSS OF INNER CIRCLE+ SUBSCRIPTION BENEFITS AND WITHOUT LIABILITY OR OBLIGATION TO FIREBIRDS OF ANY KIND. SUSPENSION/TERMINATION OF INNER CIRCLE+ MEMBERSHIP DOES NOT REPRESENT THE SOLE REMEDY AVAILABLE TO FIREBIRDS, WITH FIREBIRDS RESERVING THE RIGHT TO PURSUE ALL AVAILABLE REMEDIES TO PROTECT ITS LEGAL RIGHTS.
- INNER CIRCLE+ SUBSCRIPTION BENEFITS
- VIP Reservation Service: Members of Inner Circle+ will have exclusive access to the Firebirds VIP reservation platform. Inner Circle+ member MUST access the Firebirds app; VIP Reservation Service benefit is NOT available via the Firebirds Restaurant website. Reservation valid only for party of Inner Circle+ member and up to 3 guests. Reservation at an Inner Circle+ member’s indicated favorite Firebirds restaurant location (or any other specific Firebirds restaurant location) is NOT guaranteed; by way of example, reservation may not be accepted by Firebirds for a given Firebirds restaurant location due to holidays and other exigencies as determined by Firebirds in its sole discretion. SHOULD FIREBIRDS NOT BE ABLE TO ACCEPT A RESERVATION, FIREBIRDS WILL NOT HAVE ANY LIAIBILITY OR OBLIGATION OF ANY KIND. RESERVATION SUBJECT TO OPENTABLE, INC.’S POLICIES*** INCLUDING BUT NOT LIMITED TO THOSE ADDRESSING NO-SHOWS AND LATE ARRIVALS. Any violation of OpenTable, Inc.’s policies with regard to reservation may also result in Firebirds terminating Inner Circle+ subscription (without refund or other liability/obligation to Firebirds of any kind) and, if conduct is particularly egregious or repeated, without warning of any kind.
- $30 Inner Circle+ Card. Redeemable for food and non-alcoholic beverages only for dine-in service at Firebirds restaurant location. Valid for 30 days from date of issuance. Any unused balance at end of 30 day period is forfeited. Inner Circle+ member must provide Inner Circle+ member id at time of placing order. Inner Circle+ Card is a member credit and not a gift card. Valid only for Inner Circle+ member and not transferable. If transaction amount exceeds $30, Inner Circle+ member must provide another form of payment for remaining balance of transaction. If transaction amount is less than $30, no change will be given. Inner Circle+ Card cannot be redeemed for cash. Inner Circle+ Card will be delivered in electronic form.
- Free Delivery via DoorDash. Order must be made on www.firebirdsrestaurants.com with provision of Inner Circle+ promo code or member id at time of placing order. (A Door Dash account is NOT required.) Minimum purchase of $15 required for delivery orders. DoorDash, Inc. may charge convenience, delivery and other fees which are Inner Circle+ member’s sole responsibility. RESERVATION SUBJECT TO DOORDASH, INC.’S POLICIES*** INCLUDING BUT NOT LIMITED TO THOSE ADDRESSING NON-PAYMENT. Any violation of DoorDash, Inc.’s policies with regard to orders may also result in Firebirds terminating Inner Circle+ subscription (without refund or other liability/obligation to Firebirds of any kind) and, if conduct is particularly egregious or repeated, without warning of any kind.
Inner Circle+ subscription benefits are currently redeemable only at Firebirds restaurant locations in Georgia, North Carolina and South Carolina.
Firebirds may condition redemption of Inner Circle+ subscription benefits on provision of proof of Inner Circle+ membership; and, if such proof is not provided or is determined to be unsatisfactory in Firebirds’ sole discretion, the corresponding benefit will not be provided without Firebirds having any liability or obligation of any kind.
Firebirds reserves the right (but is in no way obligated to) introduce additional benefits and/or modify or eliminate existing benefits, as per Section 1d above.
***Such policies are incorporated herein by reference. In the event of any inconsistency between the policies of Open Table, Inc. or DoorDash, Inc., on the one hand, and these Subscription Terms on the other, the policies of Open Table, Inc. or DoorDash, Inc., as applicable, will prevail, govern and control in all respects, except for the Inner Circle+ program (as to which these Subscription Terms will prevail, govern and control.)
- BILLING OF INNER CIRCLE+ MEMBERSHIP FEE
- Your enrollment in Inner Circle+ constitutes your authorization for Firebirds to charge the payment method provided as per Section 2a in the amount of the monthly subscription fee (currently, $19.95 plus tax). YOU WILL BE CHARGED THE MONTHLY SUBSCRIPTION FEE REGARDLESS OF WHETHER (OR NOT) YOU USE THE SUBSCRIPTION BENEFITS DURING THE APPLICABLE 30 DAY PERIOD: YOU UNDERSTAND AND AGREE THAT NON-USE OF THE SUBSCRIPTION BENEFITS DOES NOT OBLIGATE FIREBIRDS TO REFUND ANY OR ALL OF THE MONTHLY SUBSCRIPTION FEE TO YOU. YOU WILL BE CHARGED THE MONTHLY SUBSCRIPTION FEE UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION AS SET FORTH HEREIN.
- Non-payment of subscription fee for any reason (for example, insufficient funds) may result in suspension of Inner Circle+ benefits until the payment issue is resolved to Firebirds’ satisfaction.
- Firebirds reserves the right to correct any errors or omissions relative to payment (even if payment was already received) and to update your information using third-party sources.
- You are solely responsible for any processing, transaction or other fees that may be imposed by the provider of a given payment method. Such fees are IN ADDITION TO the monthly subscription fee.
- BILLING OF INNER CIRCLE+ MEMBERSHIP FEE- RECURRING BILL & RIGHT TO CANCEL
- YOUR ENROLLMENT IN INNER CIRCLE+ CONSTITUTES YOUR AUTHORIZATION FOR FIREBIRDS TO CHARGE THE PAYMENT METHOD PROVIDED AS PER SECTION 2A IN THE AMOUNT OF THE MONTHLY SUBSCRIPTION FEE (CURRENTLY, $19.95 PLUS TAX) ON A RECURRING BASIS UNLESS YOU CANCEL AS SET FORTH IN SUBSECTION c BELOW OR FIREBIRDS CANCELS YOUR SUBSCRIPTION DUE TO VIOLATION OF THESE SUBSCRIPTION TERMS AS DETERMINED BY FIREBIRDS IN ITS SOLE DISCRETION. THE MONTHLY SUBSCRIPTION FEE WILL BE BILLED ON THE DAY THAT YOU START YOUR INNER CIRCLE+ SUBSCRIPTION AND EVERY 30 DAYS THEREAFTER WITHOUT FURTHER NOTIFICATION OF ANY KIND BY FIREBIRDS (BUT, IF THE MONTHLY SUBSCRIPTION FEE IS INCREASED, FIREBIRDS WILL PROVIDE NOTIFICATION BEFOREHAND AS PER SUBSECTION d BELOW). Accordingly, you understand that your Inner Circle+ subscription will be extended by an additional 30 day period AND you agree to pay the monthly subscription fee using the provided payment method until either (x) you cancel the Inner Circle+ subscription as per subsection c OR (y) Firebirds cancels your Inner Circle+ subscription. Continued usage of the Inner Circle+ subscription without cancellation constitutes your agreement to being charged the monthly subscription fee. You further acknowledge that your agreement with the issuer of the provided payment method will govern with respect to your use of that payment method.
- FIREBIRDS MAY SUBMIT MONTHLY SUBSCRIPTION FEE CHARGES FOR PAYMENT AND YOU WILL BE SOLELY RESPONSIBLE FOR PAYMENT OF SUCH CHARGES WITHOUT FURTHER NOTICE TO OR AUTHORIZATION BY YOU UNTIL YOU (x) AFFIRMATIVELY CANCEL YOUR INNER CIRCLE+ SUBSCRIPTION AS PER SUBSECTION c OR (y) NOTIFY FIREBIRDS BY UPDATING YOUR INNER CIRCLE+ ACCOUNT INFORMATION AS PER SUBSECTION e THAT YOU ARE CHANGING YOUR PAYMENT METHOD (WITH THE UNDERSTANDING THAT SUCH NOTICE WILL ONLY TAKE EFFECT AFTER FIREBIRDS REASONABLY TAKES THE NECESSARY ACTIONS TO UPDATE YOUR PAYMENT METHOD). Firebirds also reserves the right to accumulate charges incurred and submit them as 1 or more aggregate charges during or at the end of each 30 day period.
- RIGHT TO SUSPEND/CANCEL. YOU MAY SUSPEND OR CANCEL YOUR INNER CIRCLE+ SUBSCRIPTION AT ANY TIME:
- ONTHE FIREBIRDS APP; OR
- ONLINE AT https://firebirdsrestaurants.com/loyalty-program
TO PAUSE OR CANCEL ONLINE OR IN THE FIREBIRDS APP, CLICK THE “MANAGE SUBSCRIPTION” TAB AND FOLLOW THE PROMPTS TO EITHER “PAUSE” OR “CANCEL” YOUR SUBSCRIPTION.
YOU CANNOT PAUSE OR CANCEL YOUR INNER CIRCLE+ SUBSCRIPTION AT A FIREBIRDS RESTAURANT LOCATION.
IF YOU PAUSE OR CANCEL YOUR INNER CIRCLE+ SUBSCRIPTION, YOU MAY USE YOUR SUBSCRIPTION BENEFITS UP UNTIL THE END OF THE CURRENT 30 DAY PERIOD AND YOUR INNER CIRCLE+ SUBSCRIPTION WILL NOT BE RENEWED FOR THE NEXT 30 DAY PERIOD. YOU WILL NOT RECEIVE ANY REFUND OR REIMBURSEMENT FOR ANY REMAINING OR UNUSED SUBSCRIPTION BENEFITS FROM THE CURRENT 30 DAY PERIOD.
AFTER THE CONCLUSION OF THE 30 DAY SUSPENSION PERIOD, YOUR INNER CIRCLE+ SUBSCRIPTION WILL AUTOMATICALLY RESUME. IF YOU WISH TO PAUSE YOUR INNER CIRCLE+ SUBSCRIPTION FOR ANOTHER 30 DAYS, REPEAT THE PROCESS ABOVE. ONCE YOUR INNER CIRCLE+ SUBSCRIPTION RESUMES, FIREBIRDS WILL RESUME CHARGING YOU VIA THE PAYMENT METHOD PROVIDED AS PER SECTION 2A.
YOUR REQUEST TO SUSPEND OR CANCEL YOUR INNER CIRCLE+ SUBSCRIPTION WILL ONLY BE HONORED BY FIREBIRDS IF SUBMITTED AT LEAST 5 BUSINESS DAYS PRIOR TO THE END OF THE CURRENT 30 DAY PERIOD.
IF YOUR INNER CIRCLE+ SUBSCRIPTION WAS MADE VIA AN ACCOUNT WITH A THIRD PARTY PAYMENT METHOD, YOU MAY HAVE TO SUBMIT YOUR REQUEST TO SUSPEND OR CANCEL VIA THE APPLICABLE THIRD PARTY; FOR EXAMPLE, DEACTIVATING THE THIRD PARTY PAYMENT METHOD’S AUTO-RENEWAL FUNCTIONALITY.
CHANGE IN AMOUNT OF INNER CIRCLE+ SUBSCRIPTION FEE. Firebirds may increase the amount of the Inner Circle+ monthly subscription fee by providing advanced notice of 30 days prior to implementing such increase. (Increases in the Inner Circle+ monthly subscription fee do not include changes due to taxes.) The advanced notice will be provided online at https://firebirdsrestaurants.com/loyalty-program as well as in the Firebirds app. BY CONTINUING TO USE YOUR INNER CIRCLE+ SUBSCRIPTION WITHOUT CANCELLATION, YOU AGREE TO PAY SUCH INCREASED AMOUNT.
- Other changes. You may make other changes to your Inner Circle+ subscription at any time
- ON THE FIREBIRDS APP; OR
- ONLINE AT https://firebirdsrestaurants.com/loyalty-program
To make changes online or in the Firebirds app, click the “Update My Info” button and follow the prompts. To make changes by phone, be sure to advise the customer service representative that you wish to update your Inner Circle+ information, providing them with all required identifying information for security purposes.
You should allow 5 business days for such changes to be reflected in your Inner Circle+ subscription .
You cannot make changes to your Inner Circle+ subscription at a Firebirds restaurant location.
ACCOUNT INFORMATION TO BE KEPT CURRENT
IT IS YOUR SOLE RESPONSIBILITY TO KEEP ALL INNER CIRCLE+ SUBSCRIPTION INFORMATION CURRENT AT ALL TIMES. WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE TO ADVISE FIREBIRDS IN WRITING PROMPTLY VIA THE METHODS SET FORTH IN SECTION 5e IF YOUR ACCOUNT INFORMATION (INCLUDING YOUR PAYMENT METHOD) HAS BEEN COMPROMISED AND USED WITHOUT YOUR AUTHORIZATION OR IF YOUR PAYMENT METHOD HAS BEEN SUSPENDED OR CANCELLED BY YOU OR THE ISSUER OF THE PAYMENT METHOD FOR ANY REASON. FAILURE TO NOTIFY FIREBIRDS OF ANY OF THE ABOVE IN THE PRESCRIBED MANNER WILL RESULT IN FIREBIRDS CONTINUING TO CHARGE THE MONTHLY SUBSCRIPTION FEE AS SET FORTH ABOVE UNLESS AND UNTIL SUCH NOTIFICATION HAS BEEN PROVIDED TO FIREBIRDS IN THE PRESCRIBED MANNER AND PROCESSED BY FIREBIRDS.
PROHIBITED CONDUCT AND RIGHT TO REVOKE MEMBERSHIP
ANY FALSE, MISLEADING, INAPPROPRIATE OR DECEPTIVE STATEMENT OR CONDUCT MADE IN CONJUNCTION WITH THE INNER CIRCLE+ SUBSCRIPTION PROGRAM, INCLUDING WITHOUT LIMITATION ANY FALSE/MISLEADING/DECEPTIVE STATEMENT OR INAPPROPRIATE OR FRAUDULENT CONDUCT WITH REGARD TO ENROLLMENT, PAYMENT OR USE OF SUBSCRIPTION BENEFITS, WILL RESULT IN FIREBIRDS SUSPENDING OR EVEN TERMINATING YOUR INNER CIRCLE+ MEMBERSHIP WITH LOSS OF INNER CIRCLE+ SUBSCRIPTION BENEFITS AND WITHOUT LIABILITY OR OBLIGATION TO FIREBIRDS OF ANY KIND. SUSPENSION/TERMINATION OF INNER CIRCLE+ MEMBERSHIP DOES NOT REPRESENT THE SOLE REMEDY AVAILABLE TO FIREBIRDS, WITH FIREBIRDS RESERVING THE RIGHT TO PURSUE ALL AVAILABLE REMEDIES TO PROTECT AND ENFORCE ITS LEGAL RIGHTS. WITHOUT LIMITATION, THE PRECEDING PROHIBITED STATEMENT/CONDUCT INCLUDES YOUR ACTIONS AT A FIREBIRDS RESTAURANT LOCATION.
ARBITRATION
Firebirds may elect to resolve any controversy or claim arising out of, of relating to, these Subscription Terms or the Inner Circle+ subscription program by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Mecklenburg County, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either Firebirds or you may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in the State of North Carolina necessary to protect the rights or the property of you or Firebirds (or its agents, suppliers and subcontractors) pending the completion of arbitration. The arbitrator shall award attorneys’ fees, costs, arbitration compensation and other costs to the prevailing party.