Pret A Manger Terms & Conditions

Version 2.0 – Last updated 16th December 2021

1.         Who we are

1.1       We are Pret A Manger (USA) Limited, a company registered in England and Wales (that's who we mean by "Pret", "we, "us" or "our”).

2.         What are these terms and conditions?

2.1.     These are the terms and conditions (let’s call them the “Pret Coffee Subscription T&Cs”, “Terms””) on which we supply subscription services and products including our "Pret Coffee Subscription" coffee shop subscription service. These terms and conditions, and the Pret Account terms and conditions, are mandatory for anyone purchasing a subscription. If you do not confirm your acceptance of these terms and conditions during the order process, you will not be able to order a subscription. Each time you use the Pret Coffee Subscription, you signify that you agree to be bound by this Agreement. If you do not agree to these Pret Coffee Subscription T&Cs, you must discontinue using the Pret Coffee Subscription and terminate your subscription to the Pret Coffee Subscription.

IMPORTANT: These Terms includes resolution of disputes by mandatory arbitration instead of in court and a class action waiver. See clause 18 below.

IMPORTANT: SUBSCRIPTIONS AUTOMATICALLY RENEW.

2.2.     We will bill you for an automatically-renewing subscription term for your use and access of the Pret Coffee Subscription in accordance with these Pret Coffee Subscription T&Cs.

2.3.     Your subscription will renew automatically each month and will continue unless paused or cancelled by you or us in accordance with these terms and conditions.

2.4.     You can cancel or pause the Pret Coffee Subscription whenever you want. To pause or cancel, please follow instructions in clauses 8 and 9 below. Canceling will end the automatic renewals of your Pret Coffee Subscription, but we will keep any fees we have already collected from you (unless we are required by law to refund them).

2.5.      We will disclose the duration and cost of the Pret Coffee Subscription before your registration and will confirm the duration and the cost of the Pret Coffee Subscription via email following your purchase.

2.6.     BY USING OR ACCESSING THE PRET COFFEE SUBSCRIPTION, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.

Changes to these Terms

2.7.     We reserve the right to update, change or modify these Terms at any time. Depending on the nature of the change or update, we may provide notice by posting the new Terms on www.pret.com/en-US/legal with a new “Last Updated” date shown. All such changes in the Terms shall be effective from the new date when posted.  You waive any right you may have to receive specific notice of such updates, changes or modifications. By accessing the Pret Coffee Subscription, you consent to have these Terms provided to you in electronic form.

3.    Registering For Our Coffee Subscription

3.1.     Who can register for a subscription. We can only accept subscription registration orders from those aged 18 or over and who have legal capacity to enter into a binding contract with us. You must be located in the United States, and can't be in breach of any agreements with us or any of our terms and conditions (including these ones). Registration and redemption of any subscription is subject to Pret’s verification, in its sole discretion.

3.2.     Where subscriptions can be redeemed. Our Pret Coffee Subscription is only available in Participating Shops in the United States and cannot be redeemed in the Excluded Shops (each as defined in clause 3.5 below).

3.3.     How to register for a subscription. In order to register for a Pret Coffee Subscription, you will be required to provide an email address and then follow the procedure set out on www.pret.com/en-US/pretcoffeesub/checkout to submit your order. You will be required to sign up for a Pret Account, and will therefore need to agree to the terms and conditions applicable to Pret Accounts, available at the below section ‘Pret Account’. By registering for the Pret Coffee Subscription, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your subscription and refuse any and all current or future use of the Pret Coffee Subscription. You should check all of the information that you enter and correct any errors before submitting your registration, as once your registration is submitted we will begin processing it immediately. All registrations placed and processed via www.pret.com/en-US/pretcoffeesub/checkout shall be in the English language. These terms and conditions are only available in the English language and will not be filed by us.

3.4.     How we will accept your subscription registration. Your registration constitutes an offer to us to buy a subscription. Our acceptance of that offer (and the formation of a contract between you and us according to these terms and conditions) will take place when we send you a confirmation email to accept your subscription registration, at which point a legally binding contract will be formed between you and us pursuant to these terms and conditions. Without limitation of the foregoing, we reserve the right to reject any subscription registration in our sole discretion.

3.5.      Excluded Shops:  Wharton, Vince Lombardi, University of Chicago, University of Pennsylvania, Delaware House, Thomas Edison and all airport locations. All other US Pret shops are “Participating Shops”. We may add Pret sites to the list of Excluded Shops from time to time and this will be available for you to review on our website. We do not guarantee that any new Pret locations that we set up from time to time will be Participating Shops.

3.6.     If we cannot accept your subscription registration. If we are unable to accept your subscription registration, we will inform you of this by email and will not charge you for the subscription. This might be:

(i)             because subscriptions are no longer available;

(ii)           because of unexpected limits on our resources which we could not reasonably plan for;

(iii)          because you do not have a Pret Account; and/or

(iv)          because we have identified an error in the price or description of the subscription. 

4.    Do any other terms apply?

4.1.     These terms and conditions only govern the subscription, so they apply in addition to (and should be read in connection with) any other agreements made between you and us, and any policies and notices that we communicate to you from time to time (each to the extent applicable). That might include:

4.1.1.    our website and app terms of use, available at the below section ‘Pret Website & App’;

4.1.2.    our Pret Account terms and conditions, available at the below section ‘Pret Account’;

4.1.3.    our Pret Pick Up service terms and conditions, available at the below section ‘Pret Pick Up’;

4.1.4.    any Vouchers or promotional campaign terms and conditions, available at the below section ‘Promotions’; and

4.1.5.    our privacy policy which lets you know how we process your personal data (including as part of your subscription), available here.

5.    Your Subscription  

5.1.      When registering for the Pret Coffee Subscription, you may elect to sign-up for our classic plan or premium plan (each, a “Subscription Plan”).

5.2.      By registering for the Pret Coffee Subscription service, you authorize us to charge the billing method provided by you (your “Payment Method”) on a recurring monthly basis every thirty (30) days thereafter (the “Billing Cycle”) until you cancel or Pret suspends, ends or otherwise terminates your access to the Pret Coffee Subscription, which it may do at any time. By paying any recurring monthly subscription fees (as set out in your order) to keep your Pret Coffee Subscription active, you will be able to redeem your subscription in any of the Participating Shops to get a maximum of 5 Eligible Products per day, every day (subject to our opening hours, which may vary by location and from time to time and subject to availability of Eligible Products) for each month of a valid subscription. We reserve the right to change the number of Eligible Products per day from time to time, subject always to providing you with forty (40) days’ notice in accordance with clause 9.

5.3.      Once we have accepted your subscription registration and for each month your subscription is successfully renewed, you will receive an email confirming that your payment has been successful. Your subscription starts on the day we send your confirmation email and it's your responsibility to check your email for this, including, if necessary, your spam folder. Once you have your confirmation email, you can use your subscription straight away by logging into your Pret Account and accessing the QR code  on your Pret Account, or alternatively we will endeavor to ensure that you can add the QR code to your Apple Wallet or to Google Pay (but you should note that this may be dependent on your device's operating system and could be subject to other terms and conditions issued by Google or Apple from time to time). In order to redeem your subscription against an Eligible Product (as defined in clause 6.1.1 below), you will need to either (i) present your QR code at a scanner in our shops; or (ii) log in to your Pret Account, where your coffee subscription will be automatically applied at the online checkout when using our Pret Pick Up service online. The QR code can only be used in Participating Shops and cannot be redeemed online. We cannot provide any Eligible Products without a valid subscription QR code.

5.4.      You should keep your QR code confidential, and you are not permitted to share it with any other person. It is your responsibility to ensure that nobody obtains unauthorized use of your QR code, and we won't be held liable for any loss suffered by you (including any lost subscription perks) for any such unauthorized use of your QR code, unless it's due to our fault or negligence. If we reasonably suspect that you are sharing your QR code in breach of these terms and conditions, we may suspend your account while we investigate. If we find that you have breached these terms and conditions in a serious way, we may cancel your subscription with immediate effect and without refunding you for the remaining period of your subscription.  We also reserve the right to ban your Pret account and take further action if we deem it appropriate.

5.5.      Your subscription will renew automatically each month and will continue unless paused or canceled by you or us in accordance with these terms and conditions.  Each subscription period is one calendar month, starting when you first subscribe (“Billing Cycle”). For example, if your subscription is accepted on 4th January, it will be valid until 3rd February. The recurring monthly subscription fee would then be charged on 4th February for the next subscription month in your Billing Cycle which would run until 3rd March. You hereby accept responsibility for all recurring charges made to your Payment Method prior to cancellation or termination. Unless you cancel, your subscription will be automatically extended for successive monthly periods at the then-current subscription rate. If you cancel your monthly subscription, you may use your Pret Coffee Subscription benefits until the end of the applicable Billing Cycle and your subscription will not be renewed after that Billing Cycle ends. Your non-termination or continued use of the Pret Coffee Subscription reaffirms that Pret is authorized to charge your Payment Method on the recurring basis to which you agreed at registration. We may submit those charges for payment, and you will be responsible for such charges. PRET MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE PRET REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORISATION, PLEASE FOLLOW INSTRUCITONS FOR CANCELLATION IN SECTION 9 BELOW.

5.6.     You can only redeem your subscription for one Eligible Product every 30 minutes up to a maximum of 5 Eligible Products per day. This applies to both in-store orders and orders made using our Pret Pick Up service and is subject to availability of Eligible Products.

5.7.     We only supply subscriptions for private and non-commercial use. We reserve the right at any time and in our sole discretion to verify a subscriber’s eligibility and compliance with these terms and conditions, including but not limited to, ensuring that the subscription is not being used for a commercial purpose.

5.8.     There is a limit of one subscription per person. You must not register for a new subscription account with new details (a "Duplicate Subscription"), even where an older subscription has expired, unless you have a bona fide reason to do so (for example, because you have lost access to the original email account used when you signed up). We reserve the right to carry out checks for Duplicate Subscriptions and to terminate any Duplicate Subscriptions that we become aware of. If we cancel a Duplicate Subscription you will lose any campaign or Voucher which you had been granted in error as a result of signing up for a Duplicate Subscription. If you reactivate that Duplicate Subscription in your account (to the extent we allow you to), you will therefore be charged the current subscription price and this payment will be taken immediately.

5.9.     Any Eligible Products redeemed using your subscription must be for your personal consumption only.

5.10.  Subscriptions cannot be exchanged for other goods or products and are only eligible for refunds to the extent expressly set out in these terms and conditions. 

6.    Subscription Products

6.1.     Eligible Products. You will be able to redeem your subscription against the following products. Eligible Premium Products and Eligible Classic Products shall together be referred to as “Eligible Products”.

6.1.1.   If you subscribe to our Pret Premium Plan: Espresso-Based drinks, Cold Brew + all other drip coffees & teas, in any size, hot or iced, with any syrup or milk add-on ("Eligible Premium Products"). 

6.1.2.    If you subscribe to our Pret Classic Plan:Pret’s Organic Classic Blend Coffee, Pret's Single Origin: Ethiopia, Pret’s Decaf, Organic Peppermint Tea, Organic Green Tea, Organic Earl Grey Tea, Organic English Breakfast Tea, and Iced Green Tea, in any size, hot or iced, with any dairy or non-dairy milk add-on (“Eligible Classic Products”).  Eligible Classic Products does not include smoothies, frappes, or other cold drinks.

6.1.3.   Neither plan includes bottled drinks. Refills are not permitted. Valid only during open hours of operation; visit locations.pret.com for shop hours.

6.2.     All Eligible Products are subject to availability, equipment, and staffing resources, and all of our usual terms and conditions, in addition to any particular terms, conditions, rules or policies which may apply in any particular store. The list of Eligible Products may change from time to time and we will endeavor to update this list as and when products are added or removed and notify you at least forty (40) days before any significant changes to the list.

6.3.     We may decide from time to time, at our sole discretion, that Eligible Products may not be redeemed in reusable cups due to the ongoing Covid-19 health and safety implications.

6.4.      If you have any dietary requirements or allergies, please consult our allergen guide in the usual way before redeeming and enjoying any Rewards. We can’t guarantee any of our products will be suitable for those with allergies due to a high risk of cross contamination. Our vegan products are made to a vegan recipe but are not suitable for those with dairy and egg allergies. If you have any questions on our ingredients or produce, please do ask in store.

7.    Subscription Fees

7.1.     Monthly subscription fee. Subject to any pause or cancellation of your subscription, we will charge you the monthly subscription fees (as set forth in your Subscription Plan save as varied by any applicable and valid Vouchers) using the Payment Method provided by you during the registration process. Currently, the Classic Subscription Plan is $19.99 per month and the Premium Subscription Plan is $29.99 per month. The subscription fee does not include applicable taxes, which will be a separate line item. We reserve the right to change the subscription fee upon providing at least forty (40) days’ notice to you, subject always to your ability to cancel your subscription in accordance with clause 9. The first payment will be taken the day you register for the subscription. You accept that the subscription will automatically renew and has automatically recurring payments as detailed in these terms and conditions, and that you will be responsible for all recurring fees. Your subscription provides you the right to use subscription benefits at your discretion (subject to these terms and conditions). Your non-use will not obligate us to provide you with any refund, in whole or part, of your monthly subscription fee. We reserve the right to correct any errors or mistakes that we may make, even if we have already requested or received payment, and to update your information from available third-party sources. You remain responsible for any uncollected amounts. Should you wish to take part in any of our additional services, such as and including but not limited to Pret Pick Up or delivery, additional charges may be levied if applicable. If a payment is not successfully settled, due to payment method expiration, insufficient funds, the chargeback of a previously valid payment, or otherwise, and you do not cancel your subscription, we may suspend your access to the subscription until we are in receipt of cleared funds from you for the subscription and subsequently cancel it if payment is still not received.  For some Payment Methods, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

7.2.     Change in Amount Authorized. If the amount to be charged to your Payment Method varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), we shall provide notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. Any agreement you have with the issuer of your Payment Method will govern your use of your Payment Method as a payment mechanism. You agree that Pret may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each Billing Cycle.

7.3.     Discount or promotional codes. We may offer discount, promotions and other types of voucher codes (“Voucher(s)”) from time to time.

7.4.     Vouchers may only be used once by you and are not transferable or redeemable for cash. Vouchers may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

7.5.     Vouchers may only be redeemed through our website and not through any other website or method of communication. If you have a valid Voucher, you will need to enter it in the discount code box on the basket page of the subscription ordering process for it to be applied to your basket. Use of the Voucher will be deemed to confirm your agreement to these terms and conditions and any special terms and conditions attached to the Voucher.

7.6.     Unless otherwise stated, Vouchers cannot be used retrospectively, are only redeemable once per customer, and cannot be used in conjunction with other Vouchers or discount codes.

7.7.     We reserve the right to withdraw, deactivate  or cancel any Voucher for any reason at any time, including excluding the use of Voucher codes for specific products or services that we may offer from time to time. We also reserve the right to reject any Voucher if we suspect breach of these terms and conditions or any fraud.

7.8.     Campaigns. We may promote campaigns from time to time. Each campaign has its own terms which will be made clear at the time of issue. In the event of any conflict or inconsistency with any other terms and conditions for such campaigns, the specific terms of the campaign will prevail.

7.9.     Campaign offers may be redeemed automatically through our website or the Pret App and not through any other website or method of communication.

7.10.  We reserve the right to cancel, amend, withdraw, terminate or temporarily suspend any campaigns for any reason at any time.

7.11.   Payment type. Payment can be made by any MasterCard, Visa or American Express debit or credit card. YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY. IF YOU FAIL TO NOTIFY US OF ANY OF THE FOREGOING, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION, UNLESS WE HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION.

7.12.  Recurring monthly subscription fees. Subject to either you or us exercising our rights to pause, cancel or terminate the subscription, you authorize us to, and accept that we will, charge your original payment method on a recurring monthly basis beginning on the day after your first month of subscription ends and every month thereafter until you cancel or we suspend or terminate your access to the subscription. The recurring subscription fee will be charged on the same day each month or where you start your subscription on the last day of a month, your recurring payment will be taken on the last day of the following month.

For example, if you subscribed on the 6th September, your next payment would be on the 6th October. If you subscribed on the last day of the month, and your billing date is not present in that month (say, the 31st), then the preceding date is selected. Then the renewal shifts back to the original date in the next month. For example if you subscribed on 31st March, your next payment will be on the last day of the following month, 30th April, and subsequently on 31st May, 30th June, etc.

7.13.   Each month, after the recurring monthly payment has been received, we will email you to confirm your subscription has been renewed for another month. Unless you pause or cancel your subscription, your subscription will be automatically renewed for successive months at the then-current subscription fee. If you pause your subscription, you may use the subscription until the end of the applicable subscription month and your subscription will then be paused for 31 days, after which your subscription will be renewed for another month as usual. If you cancel your subscription, you may use the subscription until the end of the applicable subscription month and your subscription will not be renewed after that month ends. We reserve the right not to renew your subscription at any time without cause. Payment details are stored securely by a third party to allow recurring payment for future recurring payments.

7.14.  Payment failure. If payment of a recurring subscription fee fails because there is an issue with the payment method, for example, the debit card has expired, we will contact you via email. You may add, update or change payment cards or other subscription details such as email address and billing address by visiting www.pret.com/en-US/my-account and logging in with your email address.

7.15.  Changes to subscription fees. If the amount to be charged for a recurring subscription fee changes from the current fee, we shall provide notice of the amount to be charged and the date of the charge at least forty (40) days before the scheduled date of payment of the recurring subscription fee. If, as a result of the fee change, you want to cancel your subscription, please follow the steps in clause 9.2 below. 

7.16.  Taxes. You applicable taxes will be calculated in accordance with the laws of the applicable jurisdiction based on your “home shop” selection during the Pret Coffee Subscription registration process. The applicable tax amount will be shown as a separate line item on your Subscription Plan purchase page. Notwithstanding the foregoing, if a significant proportion of your redemptions (as determined by Pret, in its sole discretion) for Eligible Products are taking place in a state different than  your home shop selection, then we may adjust your tax rate under the laws of such state to apply starting with your next Billing Cycle. For example, if your home shop is New York but for the duration of one month you redeem Eligible Products mostly in Pennsylvania, then the applicable Pennsylvania tax rate will apply on your next subscription payment.  

8.    Pausing your Subscription

8.1.     You can pause your subscription at any time. If you decide to pause, this will become effective from the end of the subscription month in which you pause and shall last for a period of 31 days.

8.2.     To pause your subscription, you need to click the ‘manage account’ link provided in any of your subscription emails or go to: www.pret.com/en-US/my-account. You will need to login using your email address and password. You will then be able to view your subscription and pause it. If you have any difficulties in pausing your subscription, please contact us using the details at the top of these terms and conditions.

8.3.     Pausing your subscription means that you will not pay the monthly subscription fee for the next subscription month. You will be able to use your subscription up until the end of the subscription month in which you pause.  Your subscription will automatically renew on your next billing date following the month paused. You will not receive a refund for any part of a month in which you pause.

For example, if you start your subscription on 2nd November, pause it on the 15th November, you can continue to use it until 1st December at which point it will pause for a month and restart on the 2nd January.

8.4.     If you decide to restart your subscription prior to the 31 day pause taking effect (i.e within the existing billing period), the pause shall not take effect and we shall charge you the monthly subscription fees.

8.5.     If you decide to restart your subscription during the 31 day pause (i.e. within the next billing period), we shall charge you the monthly subscription fees from the date you restarted the subscription.

9.    Canceling your Subscription

9.1.     You can cancel your subscription at any time. For paid subscriptions, cancellation will be effective from the end of the subscription month in which you cancel. Cancellations are not eligible for refunds.

9.2.     To cancel your subscription  you need to click the ‘manage account’ link provided in any of your subscription renewal emails or go to:  http://www.pret.com/en-US/my-account. You will need to login using your email address and password. You will then be able to view your subscription and cancel it. If you have any difficulties in canceling your subscription, please contact us using the details at the top of these terms and conditions. 

9.3.     To cancel your subscription when your subscription is paused, you will need to contact our customer service team here, and they will help you with this.

9.4.      Cancellation of your subscription will take effect at the end of the subscription month in which you cancel it so you can continue to use your existing subscription until your subscription month has expired. The recurring subscription fee will not be taken from you the following subscription month. You will not receive a refund for any part of a month in which you cancel. 

For example, if you start your paid subscription on 7th July, cancel it on the 19th July, you can continue to use it until 6th August at which point it will expire.

9.5.      If you wish to exercise your right to cancel in accordance with this clause, you must contact us to let us know that you are doing so. You may do this by logging in to www.pret.com/en-US/my-account and selecting the option to cancel your subscription or by contacting Customer Services on the contact details set out at the top of these terms and conditions.

9.6.     We will send you an acknowledgement of receipt by email.

10.  Upgrading your subscription

10.1.   You may upgrade or change your Subscription Plan by going to the My Account page (http://www.pret.com/en-US/my-account) and selecting “Manage subscription”, then "Change Plan.” You may then select a new Subscription Plan.

11.  Managing your account

11.1.  When you have an active subscription, you will be able to login to your Pret Account  by using your email. You will need to visit www.pret.com/en-US/my-account and enter the email address used for your subscription.  Once you have logged in, you are able to: 

11.1.1. check your account information and subscription details; 

11.1.2. update your address & payment details; 

11.1.3. see your billing history and download past invoices; and

11.1.4. pause or cancel your subscription.

11.2.  For more details, please see our Pret Account T&Cs.

12.   Our Rights to End the Contract

12.1.  If you do not make any payment to us when it is due, we will write to you to remind you that payment is due. If you still do not make payment within 7 days of us reminding you that payment is due, we may end the contract by giving you written notice.

12.2.  We may withdraw the subscription. We will write to you to let you know that we are going to stop providing the subscription. We will let you know at least 1 month in advance of our stopping the subscription and will not take any subsequent recurring monthly subscription fees. 

12.3.  We may cancel your subscription if:

12.3.1. you are in serious breach of these terms and conditions;

12.3.2. you are in serious breach of any other terms and conditions or agreements with us, and we reasonably believe that such breach may prejudice the performance of your obligations under these terms and conditions;

12.3.3. you breach these, or any other, terms and conditions in a way which is not serious but is: (i) repeated; or (ii) not put right within 30 days of us notifying you of the breach.

13.  If there is a Problem with the Subscription or the Registration Process

13.1.  If you have any questions or complaints about the subscription, please contact us. You can telephone our customer service team at 646-728-0505 or through www.pret.com/en-US/talk-to-pret-us. Alternatively, please speak to one of our staff in one of our shops. 

14.  Responsibility for Loss or Damage Suffered by You

14.1.  Nothing in these terms and conditions limits our liability which cannot legally be limited, including liability for death or personal injury caused by negligence; or fraud or fraudulent misrepresentation.

14.2.   Subject to the other provisions of this clause, our liability to you under and in respect of these terms and conditions is limited at the cost of the subscription fees paid by you under these terms and conditions. 

14.3.  We are not liable for business losses. We only supply the subscription for personal use. If you use the subscription for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the contract between you and us for your order became binding (i.e. when the confirmation email for that order was issued). TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT PRET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.  How we may use your Personal Information

15.1.  We are committed to protecting your privacy and maintaining the security of any personal information received from you. Any data you submit to us will be held by us in accordance with our Privacy Policy. Our privacy policy can be viewed at: https://www.pret.com/en-US/privacy-policy

16.  Other Important Terms

16.1.  You shall indemnify and hold harmless Pret, our affiliates and licensors and each respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from (a) your violation of these Terms, (b) your use of the Pret Coffee Subscription, (c) your violation of any third party right, (d) your breach of applicable law,  or (e) your negligence or willful misconduct.

16.2.  We reserve the right to update, change, modify or terminate the subscription and these terms and conditions:

16.2.1.  immediately on notice to you if there is a change in applicable law or regulation or there are security reasons which mean that we need to change the subscription and/or these terms and conditions; or

16.2.2. effective from the beginning of your next monthly renewal if we need to change the subscription and/or these terms and conditions for any other reason.

If you do not agree to any updates, changes or modifications you have the right to cancel this Contract by following the steps in clause 9.1 above. 

16.3.  We reserve the right to refuse to accept a new subscription order or any monthly renewal if we reasonably believe that you are not complying (or have not in the past complied) with these terms and conditions.

16.4.  The Pret Coffee Subscription may be used in conjunction with any other promotion run by us unless we specify otherwise. 

16.5.  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.6.  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the subscription, we can still require you to make the payment at a later date. 

16.7.  We shall not be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of our obligations under these terms and conditions  if such delay or failure result from events, circumstances or causes beyond our reasonable control (including, without limitation, the outbreak or any re-occurrence of coronavirus (COVID-19) or similar diseases). In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations and may:

16.7.1. suspend your subscription for the period during which your subscription cannot be used (for example, because relevant Participating Shops need to be temporarily closed). During such suspension period, we will take no further payments from you under these terms and conditions. In this case, the then current subscription period for your subscription will continue once your subscription can be used again or may be terminated in accordance with clause 16.7.2 below; and

16.7.2. if the period of delay or non-performance continues for a significant period of time, we may terminate your subscription. If we terminate under this clause 16.7.2, we should pay you a pro rata refund of an amount equal to the subscription fee prepaid by you for the period after your subscription has been terminated.

17.  Governing Law

17.1.   These Terms and any related dispute or claim (whether contractual or non-contractual) shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict provisions, and you agree to the jurisdiction of the federal and state courts located in Wilmington County, Delaware.

18.  Mandatory Binding Arbitration

18.1.  Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in these Terms.

18.2.  You and Pret agree that any dispute, whether at law or equity, arising out of or relating to these Terms or your use of the Pret Coffee Subscription, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration, except that you or Pret may take claims to small claims court if they qualify for hearing by such a court.

18.3.  You and Pret agree that any arbitration under these Terms will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

18.4.  You and Pret agree to waive the right to trial by jury.

18.5.  This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Pret and its affiliates, related entities and franchisees.

18.6.  These Terms evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of these Terms. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

18.7.  Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Pret from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

Version 1.0 – Last updated 9 September 2021

1          Who we are

1.1       www.pret.com and associated subsites and subdomains (together the "Website") are operated by Pret A Manger (US) Limited (that's who we mean by "Pret", "we, "us" or "our").

1.2       We're a company registered in England and Wales.

2           What are these terms and conditions?

2.1       These terms and conditions (the "Terms") govern any and all use of our Website or any mobile application we release from time to time (the "App"). These terms apply to any user of our Platform ("you", "your").

2.2       We refer to the Website and the App together in these Terms as the "Platform". While the Website and App are governed by the same Terms, please note that the features and functionality on each of them may be different.

2.3       You should be aware that, although these Terms apply to everyone who uses our Platform, there are other terms and conditions, policies and notices which might also apply in addition to these Terms. Depending on your particular use of our Platform, goods and services, these might include the following (together the "Other Terms"):

2.3.1          The Account Terms and Conditions, which govern our Pret Account functionality.

2.3.2          Our Subscription Terms and Conditions, which govern any subscription services you purchase from us.

2.3.3          Our Click & Collect Terms and Conditions, which govern your use of our Click & Collect service.

2.3.4          Our Loyalty Terms and Conditions, which govern the loyalty scheme we operate.

2.3.5          Our Privacy Policy, which explains how we process your personal data, on what basis, and for what purposes.

2.3.6          Our Cookies Policy, which explains how we use cookies and similar technologies on our Platform.

2.4       These Terms includes resolution of disputes by mandatory arbitration instead of in court and a class action waiver. See section 13 below

2.5       You should be aware that, if you access our App, other terms and conditions (like those of the Apple Store or Google Play Store, or your device's manufacturer) may also apply. It's your responsibility to comply with those. 

2.6       If you have any questions in relation to these Terms, or the Platform more generally, please contact us via our customer services page.

3          Acceptance of Terms

3.1       Your access to, and use of, the Platform is subject to these Terms and, if applicable, the Other Terms.

3.2       You must not use the Platform for any purpose that is unlawful or prohibited by these Terms or any applicable Other Terms.

3.3       By using the Platform you are fully accepting the terms, conditions and disclaimers contained in these Terms. If you do not accept these Terms you must immediately stop using the Platform.

4          Advice and Information

4.1       The contents of the Platform do not constitute advice and should not be relied upon in making or refraining from making, any decision.

4.2       We try to ensure that the information on our Platform is accurate and complete but we can't guarantee this.

4.3       We try to make relevant allergen and nutritional advice available throughout our Platform, but because our ingredients are so fresh and change regularly, we encourage you to consult our allergen guide in the usual way before placing any orders or consuming any of our delicious products. If you have any particular allergy or other health concerns, we recommend that you check the allergen guide regularly, and before each order. We can’t guarantee any of our products will be suitable for those with allergies due to a high risk of cross contamination. Our vegan products are made to a vegan recipe but are not suitable for those with dairy and egg allergies. Your health and wellbeing is our number one priority, so if you have any questions on our ingredients or produce, please do ask in store.

5          Changes to the Platform and T&Cs

Pret reserves the right to:

5.1       change or remove (temporarily or permanently) the Platform or any part of it without notice, and you agree that Pret shall not be liable to you for any such change or removal; and

5.2       change these Terms at any time, and your continued use of the Platform following any changes shall be deemed to be your acceptance of such change.

6          Links to Third Party Websites

6.1       The Platform may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

7          Intellectual Property Rights

7.1       All copyright, trade marks and all other intellectual property rights in and to the Website, the App and their content (including without limitation the Website and App design, text, graphics and all software and source codes connected with the Platform) are owned by or licensed to Pret or otherwise used by Pret as permitted by law.

7.2       In accessing the Platform you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without our prior written consent. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

7.3       We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other user of the Platform.You understand that when using the Platform, you may be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication (“Content”) from a variety of sources, and that Pret is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the Platform by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content.

7.4       You understand and acknowledge that you alone are responsible for any Content that you submit or transmit to, through, or in connection with the Platform or that you publicly display or displayed in your account profile (collectively, “Your Content”), and you, not Pret, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Company. You represent and warrant that Your Content does not violate these Terms. You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. By “use” we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. Pursuant to this grant, you agree that we may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it.  Please note that you also irrevocably grant the users of the Platform the right to access Your Content in connection with their use of the Platform. Finally, you irrevocably waive, and cause to be waived, against Pret and its users any claims and assertions of moral right or attribution with respect to Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms or our other policies, (1) to maintain Your Content in confidence; (2) to pay you any compensation for Your Content; (3) to credit or acknowledge you for Your Content; (4) to respond to Your Content; or (5) to exercise any of the rights granted herein with respect to Your Content.

7.5       DMCA. We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent”:

7.5.1          An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

7.5.2          A description of the copyrighted work that you claim has been infringed upon.

7.5.3          A description of where the material that you claim is infringing is located on the Services.

7.5.4          Your address, telephone number, and email address.

7.5.5          A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law.

7.5.6          A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

All notices of copyright infringement claims should go to our Copyright Agent at trademarks@pret.com.

8          Personal Data

8.1       We will only use your personal information as set out in our Privacy Policy.

9          Disclaimers and Limitation of Liability

9.1       The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied. Without prejudice to the generality of the foregoing, we do not warrant or represent that the Platform will be of satisfactory quality, fit for a particular purpose, non-infringing, compatible with any other software or hardware, secure or accurate.

9.2       To the extent permitted by law, Pret will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Platform. Pret’s aggregate liability under these Terms shall be limited to the fees actually paid by you in connection with the Platform in the six (6) months preceding the event giving rise to your claim, or, if no fees apply, one hundred dollars ($100).

9.3       Pret makes no warranty that the functionality of the Platform will be available, uninterrupted or error free, that defects will be corrected or that the Platform or the servers that make it available are free of viruses or other harmful code.

9.4       Nothing in these Terms or the Other Terms shall be construed so as to exclude or limit the liability of Pret for death or personal injury as a result of the gross negligence or wilful misconduct of Pret or that of its employees or agents, and shall not limit or exclude any of your statutory rights as a consumer.

9.5       You agree that some features and functionality of our Platform may also be dependent on your device, internet connection, browser, settings and permissions. For example, if you don't allow us to use cookies or similar technologies, then you might not be able to use certain features and functionality that rely on those technologies; and if you don't allow our website/app to use your location, we won't be able to deliver location-based services.

10        Indemnity

10.1    You agree to indemnify and hold Pret and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Pret or its subsidiary sites arising out of any breach by you of these Terms or the applicable Other Terms, or other liabilities caused directly or indirectly by your use of the Platform.

11        Severance

11.1    If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

12        Governing Law

12.1    These Terms and any related dispute or claim (whether contractual or non-contractual) shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict provisions, and you agree to the jurisdiction of the federal and state courts located in Wilmington County, Delaware.

13        Mandatory Binding Arbitration.

13.1    Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in these Terms.

13.2    You and Pret agree that any dispute, whether at law or equity, arising out of or relating to these Terms or your use of the Pret Coffee Subscription, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration, except that you or Pret may take claims to small claims court if they qualify for hearing by such a court.

13.3    You and Pret agree that any arbitration under these Terms will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

13.4    You and Pret agree to waive the right to trial by jury.

13.5    This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Pret and its affiliates, related entities and franchisees.

13.6    These Terms evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of these Terms. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

14         Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Pret from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

Version 2.0 – Last updated 16th December 2021

1          Who we are

1.1       We are Pret A Manger (USA) Limited (that's who we mean by "Pret", "we, "us" or "our").

1.2       We're a company registered in England and Wales.

2          What are these terms and conditions?

2.1       These terms and conditions (let's call them the "Account T&Cs") govern basis on which you may register for and use any personal account sections and functionality of our website and/or any mobile app that we may release from time to time (a "Pret Account"). More information about what your Pret Account is, and the functionality that it offers, is set out in section 4 below.

2.2       These Account T&Cs apply to any person who signs up for, or seeks to sign up for, a Pret Account or who has a Pret Coffee Subscription (that's who we mean by "you" or "your").

2.3       Among other things, these Account T&Cs provide important information about:

2.3.1         what the Pret Account is, its functionality, and how to use it;

2.3.2         any requirements for signing up for a Pret Account, and any limitations or restrictions that might apply to your use of the Pret Account; and

2.3.3         other important information about your and our rights and obligations in relation to the use and administration of your Pret Account.

2.4       These Account T&Cs includes resolution of disputes by mandatory arbitration instead of in court and a class action waiver. See section 11 below.

2.5       Please ensure that you read these Account T&Cs carefully, and that you have understood them, before agreeing to them. Once you agree to these Account T&Cs, they will be legally binding on you.

2.6       If you have any questions in relation to these Account T&Cs, please contact us here.

2.7       Please note that we may revise these Account T&Cs at any time by amending them on our website/app. Please check for the most current version of these Account T&Cs at pret.co.uk/legal each time you use your Pret Account.

3          Do any other terms apply?

These Account T&Cs only govern the Pret Account, so they apply in addition to any other agreements made between you and us, and any policies and notices that we communicate to you from time to time (each to the extent applicable). That might include:

3.1       our website and app terms of use, available at the section ‘Pret Website & App’;

3.2       the terms and conditions applicable to the Pret Coffee Subscription, available at the section ‘Pret Coffee Subscription’;

3.3       our Pret Pick Up service terms and conditions, available at the section ‘Pret Pick Up’;

3.4       our privacy notice and cookies notice which lets you know how we process your personal data and use cookies (including as part of the Pret Account functionality), available here and here respectively. Any information you submit or provide in connection with your Pret Account is governed by our Privacy Notice, and you consent and agree to the collection and use of certain information about you and your Pret Account in accordance with our Privacy Notice, which is incorporated by reference into and forms a part of these Account T&Cs.

4          What does the Pret Account do?

The Pret Account is intended to be a central hub for you to manage your relationship with us and to make it easier for you to request, and for us to deliver, our products and services including the Pret Coffee Subscription. The functionality associated with the Pret Account includes the following:

4.1       Basic account administration

4.1.1         create an account;

4.1.2         sign in to, and log out of, our website and app;

4.1.3         reset your password; and

4.1.4         edit your basic personal details once your Pret Account has been verified (e.g. the email, name and phone number associated with your Pret Account), all subject to and in accordance with these Account T&Cs.

4.2       Manage your Pret Coffee Subscription

4.2.1         register for a Pret Coffee Subscription service (or add an existing subscription to your Pret Account);

4.2.2         manage, cancel or pause your subscription;

4.2.3         view your QR code for your Pret Coffee Subscription; and

4.2.4         view your subscription billing history and amend your subscription payment details, all subject to and in accordance with our Pret Coffee Subscription T&Cs.

4.3      We try to make our Pret Account as useful and user friendly as possible, and that means that we will from time to time add and remove features and functionality to reflect our customer feedback, any changes in law or regulation, changes in our business model, and best practice. For that reason, the Pret Account functionality set out in these Account T&Cs is only illustrative – we may make changes to the Pret Account features and functionality without notice, and we can't guarantee that any particular functionality will be available at any given time. For more information, see section 8 below.  

4.4      Some features and functionality may also be dependent on your device, internet connection, browser, settings and permissions. For example, if you don't allow us to use cookies or similar technologies, then you might not be able to use certain features and functionality that rely on those technologies; and if you don't allow our website/app to use your location, we won't be able to deliver location-based services.

4.5      We try to make relevant allergen and nutritional advice available throughout our website and app, but because our ingredients are so fresh and change regularly, we encourage you to consult our allergen guide in the usual way before placing any orders or consuming any of our delicious products. If you have any particular allergy or other health concerns, we recommend that you check the allergen guide regularly, and before each order. We can’t guarantee any of our products will be suitable for those with allergies due to a high risk of cross contamination. Our vegan products are made to a vegan recipe but are not suitable for those with dairy and egg allergies. Your health and wellbeing is our number one priority, so if you have any questions on our ingredients or produce, please do ask in store.

5          Who can register for a Pret Account?

5.1      You are eligible for a Pret Account if you:

5.1.1         complete the sign-up process correctly (including verifying your email address);

5.1.2          agree to these Account T&Cs and any other of our terms and conditions which might be relevant, and aren't in breach of any of those agreements/terms and conditions;

5.1.3         are 18+ and able to enter into binding contracts; and

5.1.4         are located in countries where we offer Pret products or services (the UK, the United States, France, and Hong Kong).

5.2      Unfortunately, if you don't meet any of those eligibility criteria then you won't be eligible for a Pret Account.

5.3      Only one Pret Account is permitted per person. If you get locked out of your Pret Account, or have any other issues, please let us know before trying to sign up for a new Pret Account.

6          Your obligations and our right to withdraw the Pret Account

6.1       By registering for, keeping and using a Pret Account, you agree:

6.1.1         to only use your Pret Account in a fair, reasonable and lawful way and in accordance with all applicable laws, regulations, terms and conditions, policies and notices;

6.1.2         to provide accurate, truthful, current and (where mandatory) complete information when creating your Pret Account and to keep your account details up to date; and

6.1.3         to keep your Pret Account secure, not share it with any other person, and do your best to prevent unauthorised access (i.e. by choosing a strong password and keeping your login details confidential). You'll be responsible for all activity on your account – even if its unauthorised – unless there's a security breach which is our fault. If you suspect any unauthorised access to your Pret Account, please contact us right away so we can help you.

6.2       If we know, or reasonably suspect, that you are using your Pret Account in a fraudulent, improper, unfair or unlawful way or that you are otherwise in breach of these Account T&Cs or any other applicable terms, we reserve the right (without limiting any other right we may have) to:

6.2.1         suspend or cancel your Pret Account (including any subscription-related benefits under the Pret Coffee Subscription T&Cs);

6.2.2         suspend or cancel your access to our other products and services, such as our Pret Coffee Subscription or Pret Pick Up service.

6.2.3         hold you liable for any and all damages, losses and liabilities that we suffer or incur as a result, and to pursue legal action and to notify your internet service provider.

6.3       If we suspend or cancel your Pret Account, you may not re-register or join using the same or new details unless we formally invite you to.

6.4       We may also cancel your account in accordance with section 7 below.

7          Deleting and forfeiting your Pret Account

7.1       You can request that we delete your Pret Account by contacting our customer services here.

7.2       Please note that if you do decide to delete your Pret Account, you won't be able to reactivate or restore it at a later date, and you will permanently lose access to your Pret Account. This also means that you'll have waived and forfeit any accrued benefits linked to your Pret Account (like credit and loyalty stars/rewards).

7.3       We may also delete Pret Accounts that are inactive for 24 months or more. If you don't use your Pret Account for any 24 month period, you will have waived and forfeit your Pret Account together with any accrued benefits linked to your Pret Account (like credit and loyalty stars/rewards).

7.4       When we cancel or delete your account, we will delete all associated personal data except for data that we are entitled or required to retain by law. For more information, see our privacy policy.

8          Our liability as regards your Pret Account

8.1       Nothing in these Account T&Cs limits our liability or your rights in circumstances where it would be unlawful to do so. Nothing in these Account T&Cs limits your statutory rights as a consumer. 

8.2       Our website and app, including the Pret Account functionality, is provided "as-is", without any warranty or promise that it will meet a particular standard, be fit for a particular purpose, be uninterrupted or error free, or be available at any given time. Use of the Pret Account is optional, and you must make your own decision regarding whether or not to use it according to these Account T&Cs.

8.3       We try to ensure that the information on our website and app is accurate and complete but we can't guarantee this.

8.4       Certain of the services offered through your Pret Account will be subject to local and offline conditions –  for example, if you try to place an order through your Pret Account, that will be subject to operating times and stock availability at the relevant Pret store.

8.5       Our liability to you in respect of these Account T&Cs and your Pret Account is limited as set out in section 9 of our general website terms and conditions.

9          General

9.1       If any of these Account T&Cs are found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under the law of any jurisdiction, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability in that jurisdiction of the other provisions of this agreement or the legality, validity or enforceability in any other jurisdiction of that provision.

9.2       If you have any questions about these Account T&Cs, or a complaint about your Pret Account, please contact us here. We hope that we are able to resolve any issues through our complaints procedure, but it is of course always open to you to pursue your complaint through legal channels.

10        Governing Law

10.1    These Account T&Cs and any related dispute or claim (whether contractual or non-contractual) shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict provisions, and you agree to the jurisdiction of the federal and state courts located in Wilmington County, Delaware.

11        Mandatory Binding Arbitration

11.1   Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in these Account T&Cs.

11.2   You and Pret agree that any dispute, whether at law or equity, arising out of or relating to these Account T&Cs or your use of the Pret Coffee Subscription, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration, except that you or Pret may take claims to small claims court if they qualify for hearing by such a court.

11.3   You and Pret agree that any arbitration under these Account T&Cs will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

11.4   You and Pret agree to waive the right to trial by jury.

11.5   This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Pret and its affiliates, related entities and franchisees.

11.6   These Account T&Cs evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of these Account T&Cs. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

11.7    Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Pret from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

Version 2.0 – Last updated 16th December 2021

1          Who we are

1.1      We are Pret A Manger (USA) Limited (that's who we mean by "Pret", "we, "us" or "our").

2          What are these terms and conditions?

2.1      These terms and conditions (let’s call them the “Pret Pick Up T&Cs”) govern the basis on which we supply our products for our Pret Pick Up service. If you do not confirm your acceptance of these Terms during the order process, you will not be able to use our Pret Pick Up service.  Each time you use the Pret Pick Up service, you signify that you agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue using the Pret Pick Up service.

2.2      These Pret Pick Up T&Cs apply to any person who signs up for, or seeks to sign up for, Pret’s Pret Pick Up service (that's who we mean by "you" or "your").

2.3      Among other things, these Pret Pick Up T&Cs provide important information about:

2.3.1         what the Pret Pick Up service is and how to use it;

2.3.2         any requirements for signing up for Pret Pick Up, and any limitations or restrictions that might apply; and

2.3.3         other important information about your and our rights and obligations in relation to the use and administration of the Pret Pick Up Service.

2.3.4         IMPORTANT: These Terms includes resolution of disputes by mandatory arbitration instead of in court and a class action waiver. See section 13 below.

2.4      Please ensure that you read these Pret Pick Up T&Cs carefully, and that you have understood them, before agreeing to them. Once you agree to these Pret Pick Up T&Cs, they will be legally binding on you.

2.5      If you have any questions in relation to these Pret Pick Up T&Cs, please contact our customer service team at 646-728-0505 or through www.pret.com/en-US/talk-to-pret-us.

2.6      Please note that we may revise these Pret Pick Up T&Cs at any time by amending them on our website/app. Please check for the most current version of these Pret Pick Up T&Cs at pret.com/en-US/legal with a new “Last Updated” date shown. All such changes in the Terms shall be effective from the new date when posted.  You waive any right you may have to receive specific notice of such updates, changes or modifications. By accessing the Pret Pick Up site, you consent to have these Terms provided to you in electronic form. Your continued use of any part of the Pret Pick Up site after any such amendment will constitute your acceptance of the amendment(s).

2.7      How we may contact you. If we have to contact you, we will do so by writing to you at the email address provided to us in your order. 

3          Do any other terms apply?

These Pret Pick Up T&Cs only govern the Pret Pick Up service, so they apply in addition to any other agreements made between you and us, and any policies and notices that we communicate to you from time to time (each to the extent applicable). That might include:

3.1      our website and app terms of use, available at the section ‘Website & App’;

3.2      the terms and conditions applicable to our subscription service, available at the section ‘Pret Coffee Subscription’;

3.3      our Pret Account terms and conditions, available at the section ‘Pret Account’; and

3.4      our privacy notice and cookies notice which lets you know how we process your personal data and use cookies (including as part of the Pret Pick Up functionality), available here and here respectively. Any information you submit or provide in connection with the Pret Pick Up site is governed by our Privacy Notice, and you consent and agree to the collection and use of certain information about you in accordance with our Privacy Notice, which is incorporated by reference into and forms a part of these Pret Pick Up T&Cs.

4          Who can use Pret Pick Up?

4.1      You are eligible to use the Pret Pick Up service if you:

4.1.1         complete the sign-up process correctly(including verifying your email address);

4.1.2         agree to these Pret Pick Up T&Cs and any other of our terms and conditions which might be relevant, and aren't in breach of any of those agreements/terms and conditions;

4.1.3         are 18+ and able to enter into binding contracts; and

4.1.4         are located in the US.

5          Orders, Products, and Collection

5.1      Any order you make for products in Pret Pick Up is an offer by you to purchase such products (subject to these terms and conditions), and acceptance of any order is at our sole discretion. An order is deemed to have been accepted by us only when you receive email confirmation to this effect which will include your order number and collection details. Once we have accepted your order, there may be occasions where, for quality reasons or for other reasons beyond our control, it will not be possible to complete your order in full. In such cases, we will contact you and ask you to amend your order. Please ensure you provide us with accurate contact details. We can't be held liable if we are unable to contact you using the details you've provided.

5.2       As many of our products are freshly prepared on the day, you cannot amend or cancel an order once it has been placed. See also section 7 below.

5.3      You must collect your order on time. We cannot guarantee your product order will be available if you do not collect your order in your selected time slot.

5.4      If any product that you have ordered is unavailable and we have not been able to notify you of this before you collect your order, you will be eligible for a refund for the unavailable product(s) or to exchange it for an alternative product when collecting. If you do not want any alternative products in the shop, you will need to contact customer services at 646-728-0505 or through www.pret.com/en-US/talk-to-pret-us to process your refund.

5.5      Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Product prices and product availability may be subject to change without notice. We will try to make it clear on our website or by notifying you if any products that you have ordered are unavailable. 

5.6       Allergy Warning: Allergens are listed on the product pages on the Pret Pick Up site. We cannot guarantee any of our products are suitable for those with allergies due to a high risk of cross-contamination. Our vegan products are made to a vegan recipe but are not suitable for those with dairy and egg intolerances. You can view our full allergen guide here: https://www.pret.com/en-US/us-allergen-guide.

5.7      All prices shown exclude sales tax.

6          Payment

6.1       You will need to pay for products at the time of ordering online. We accept payment by any Visa, Mastercard, or American Express debit or credit card.

6.2       Pret Pick Up payments are processed by Adyen using 3D secure authentication. We cannot see your payment details and Adyen will only process your personal data for the purposes of completing the Pret Pick Up transaction you have requested.

7          No Cancellation Rights

7.1      We will make up and bag your order once following our acceptance of your order. As we make this order specifically for you and as it may contain products which are liable to deteriorate or expire rapidly, you cannot cancel your order once it has been accepted by us. 

8          Terms of Supply

8.1      You should note that our Pret Pick Up Service will be conditional on offline factors such as the opening times and stock availability in your chosen store. We try to ensure that our website and app provides up to date information in this regard, but we can't guarantee that all products will always be available. For more information about your rights in this situation please refer to section 5.4 above.

9          Our liability

9.1      Nothing in these Pret Pick Up T&Cs limits our liability or your rights in circumstances where it would be unlawful to do so. Nothing in these Pret Pick Up T&Cs limits your statutory rights as a consumer.

9.2      Subject to the above, our liability under these terms and conditions is limited to: (a) delivering replacement products (at our expense); or (b) refunding any sums paid to us for the products.

9.3      We are not liable for business losses. We only supply the products for personal consumption. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.4      If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the contract between you and us for your order became binding (i.e. when the confirmation email for that order was issued). TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRET BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER OR NOT PRET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.5      Further limits apply by virtue of section 9 of our website and app terms of use, available here.

10        Termination

10.1   We reserve the right to terminate your access to our Pret Pick Up service immediately without notifying you in advance should you not operate your account in line with these terms and conditions.

11        General

11.1   You shall indemnify and hold harmless Pret, our affiliates and licensors and each respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from (a) your violation of these Terms, (b) your use of the Pret Pick Up service and/or functionality, (c) your violation of any third party right, (d) your breach of applicable law,  or (e) your negligence or willful misconduct.

11.2   All rights in the site design, computer codes, text, graphics and other content, interfaces, and the selection and arrangements thereof (the "Materials") belong to us or our licensors. You may print a copy of these terms and conditions for your reference. Any other use (including without limitation any further reproduction, storage or transmission to anyone) of any Materials without our prior written permission is strictly prohibited.

11.3   If any of these Pret Pick Up T&Cs are found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under the law of any jurisdiction, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability in that jurisdiction of the other provisions of this agreement or the legality, validity or enforceability in any other jurisdiction of that provision.

11.4   Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

11.5   Although we will aim to provide uninterrupted access to the Pret Pret Pick Up site, we cannot guarantee this. We accept no responsibility or liability for any interruption or delay which may occur to anyone visiting or wishing to visit the Pret Pret Pick Up site. In the event we cannot fulfil obligations to you under this agreement due to any event beyond our reasonable control (including, without limitation, the outbreak or any re-occurrence of coronavirus (COVID-19) or similar diseases), we will notify you and we will be relieved of our obligations to you under these Pret Pick Up T&Cs to the extent such performance is hindered by such an event.

12        Governing Law

12.1   These Terms and any related dispute or claim (whether contractual or non-contractual) shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict provisions, and you agree to the jurisdiction of the federal and state courts located in Wilmington County, Delaware.

13        Mandatory Binding Arbitration

13.1   Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in these Terms.

13.2   You and Pret agree that any dispute, whether at law or equity, arising out of or relating to these Terms or your use of the Pret Pret Pick Up functionality, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration, except that you or Pret may take claims to small claims court if they qualify for hearing by such a court.

13.3   You and Pret agree that any arbitration under these Terms will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.

13.4   You and Pret agree to waive the right to trial by jury.

13.5   This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Pret and its affiliates, related entities and franchisees.

13.6   These Terms evidence a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of these Terms. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

13.7   Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Pret from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

IMPORTANT PLEASE READ: The following Agreement describes the terms and conditions that apply to the pre-paid account of your Pret Card. These Terms and Conditions apply to the use of your Pret Card and govern the relationship between Pret A Manger (Europe) Limited ("Pret", "we" or "us") and you. Purchase or activation of your Pret Card will constitute acceptance of these Terms and Conditions. You must therefore read them carefully. Please print a copy of these Terms and Conditions for your records. If there is anything you do not understand, please contact our customer service team at  www.pret.com/en-US/talk-to-pret-us.

1. The Pret Card The Pret Card is an electronic money product. When you credit value to your Pret Card you will be purchasing electronic money from Pret A Manger USA Ltd., whose registered address is 30 Irving Place, New York, NY 10003. 2. Obtaining your Pret Card You can obtain a Pret Card free of charge at any participating Pret outlets. Your Pret Card is issued by, and remains the property of, Pret A Manger USA Ltd. We do not authorize anyone else to sell or distribute Pret Cards - you can only obtain Pret Cards from Pret outlets. 3. Using your Pret Card You can use your Pret Card at any participating Pret outlet. It is not a credit card, charge card or debit card. Before you can use your Pret Card you will need to credit it with funds. Your Pret Card will be activated when you first credit it with a minimum of $5. 

You can credit and reload stored value on your Pret Card by cash or credit card at any participating Pret outlet. The minimum value you can credit your Pret Card with each time is $5; the maximum amount is $200. The maximum credit value you can store on your Pret Card at any time is $200. You can check the balance on your Pret Card at any time online or in any participating Pret outlet. We will keep a record of previous credits and transactions to ensure that this balance is correct at all times. You will not be sent statements of itemized transactions from your Pret Card account. You should keep your receipts and check your online statement to ensure that your account balance is correct. Your Pret Card is intended for your personal use and, as such, you are not entitled to sell, distribute or otherwise make any commercial use of your Pret Card (including in relation to any promotional commercial activity). For the avoidance of doubt, this shall not prevent you from giving a Pret Card as a gift, provided that such gifting is not part of or connected to any commercial activity (including any promotional commercial activity).

4. Billing Errors, Corrections We reserve the right to correct the balance of your Pret Card account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Pret Card, please contact our customer service team at www.pret.com/en-US/talk-to-pret-us.

We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.

7. Registering your Pret Card To protect the stored value on your Pret Card from loss, theft or damage you can register your Pret Card by following the instructions on the Pret website at www.pret.com. If you need to change any of the details you have registered with your Pret Card, please contact our customer service team at  www.pret.com/en-US/talk-to-pret-us. Alternatively, you can make changes through the Pret website. 8. Loss, theft, damage You should treat your Pret Card like cash in a wallet. If you lose your Pret Card or if it is stolen you may lose any value which is stored on it in the same way as if you lost your wallet. If you have registered your Pret Card through the Pret website, you should immediately report any loss, theft, fraudulent or unauthorized use of your Pret Card to Pret Customer Service by contact our team at www.pret.com/en-US/talk-to-pret-us In the event of loss, theft, fraud or other unauthorized use of your Pret Card, or if your Pret Card is damaged or malfunctions, we may, at our sole discretion, replace your Pret Card and transfer any credit value stored on it to a replacement card. Non-exhaustive circumstances in which we may determine, in our sole discretion, that we will not replace your Pret Card include those where we reasonably believe that the notified incident has been caused by your willful breach of these Terms and Conditions or if there are reasonable grounds for suspecting that you are or have been engaged in fraudulent or other unlawful conduct. Alternatively we may, at our sole discretion, procure a redemption in respect of any outstanding value stored on your Pret Card. If we agree to replace your Pret Card, a replacement card will be delivered to your home address as registered against the card, usually within 5 days of you first notifying Pret Customer Services of the incident. If we decide to redeem any outstanding balance to you the redemption payment amount will be paid to you by check, to your home address, but the redemption fee will not be charged. Replacement cards will be mailed to your registered home address only. We reserve the right to charge a replacement card fee for each replacement card in the event that you are issued with more than two replacement cards within any 6 month period.

If you subsequently find or retrieve a Pret Card which you have reported lost or stolen, you must notify Pret Customer Services immediately.

9. Privacy Statement For information concerning how we collect, use and disclose information concerning the Pret Card and how to select privacy preferences regarding certain promotional communications, contact our customer service team at www.pret.com/en-US/talk-to-pret-us to request a hard copy.

Except as required by law, or in accordance with these Terms and Conditions and the Pret Privacy Policy, your personal information will not be passed to any other persons without your permission.

10. Changes to This Agreement We may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered your Pret Card, we will notify you of any change, addition or deletion of any terms by email. In addition, we will post the terms to the modified agreement in our outlets and on our web site at www.pret.com. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised agreement to our web site or generally in our outlets or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Pret Cards. You are deemed to accept the changes, additions or deletions if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Pret Card after such notice period. If you do not accept the changes, additions or deletions, your Pret Card will be cancelled and any amounts remaining on your Pret Card will be refunded to you.

11. Cancellation of This Agreement We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Pret Card. If we terminate this agreement without cause, we will refund or issue credits equal to the balance held in your Pret Card account less any amounts that you may owe us.

12. Disclaimers and Limits of Liability PRET A MANGER AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRET CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. PRET A MANGER DOES NOT REPRESENT OR WARRANT THAT YOUR PRET CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. IN THE EVENT THAT PRET A MANGER OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR PRET CARD. PRET A MANGER AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PRET A MANGER OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF AN PRET CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

13. Entire Agreement; Construction This agreement is the complete and exclusive statement of agreement between you and Pret A Manger and its affiliates, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

14. Inquiries or Questions If you have any questions regarding this agreement or your Pret Card, please contact our customer service team at www.pret.com/en-US/talk-to-pret-us. The Pret Card allows you to load a dollar value on to your Pret Card for future purchases at participating Pret A Manger outlets. The dollar value that you load onto your Pret Card is a pre-payment only for goods offered at participating Pret A Manger outlets. This is not a credit card and no credit line, overdraft protection, or deposit account is associated with a Pret Card. Unless otherwise required by law or permitted by this agreement, any amount on your Pret Card is non-refundable and may not be redeemed for cash. No interest, dividends, or any other earnings on funds deposited to a Pret Card will accrue or be paid or credited to you by Pret A Manger. The value associated with the Pret Card is not insured by the Federal Deposit Insurance Corporation (FDIC).

We reserve the right not to accept any Pret Card or otherwise limit use of a Pret Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

Version 2.1 – Last updated 11th August 2022

1. Who we are

1.1 We are Pret A Manger (USA) Limited (that's who we mean by "Pret", "we, "us," or "our").

1.2 We're a company registered in England and Wales.

2. What are these terms and conditions?

2.1 These terms and conditions (let's call them the "Pret Account & Loyalty T&Cs") govern the basis on which you may register for and use any personal account sections and functionality of our website and/or any mobile app that we may release from time to time (a "Pret Account"). They also govern the Loyalty Program (“Pret Perks”) operated by us. More information about what your Pret Account is, and the functionality that it offers, is set out in section 4 below, and further information about what we mean by Pret Perks, our Loyalty Program, is set out in section 9 below.

2.2 These Pret Account & Loyalty T&Cs apply to any person who signs up for, seeks to sign up for, accesses, or uses a Pret Account, who participates, or seeks to participate, in Pret Perks, and/or who has a Pret Coffee Subscription (that's who we mean by "you" or "your").

2.3 Please ensure that you read these Pret Account & Loyalty T&Cs carefully and that you understand them. These terms are legally binding on you if you sign up for, seek to sign up for, access, or use a Pret Account and/or participate, or seek to participate, in Pret Perks.

2.4 BINDING ARBITRATION. These Pret Account & Loyalty T&Cs require resolution of disputes between you and Pret that in any way relate to these Pret Account & Loyalty T&Cs or your use of your Pret Account or Pret Perks by MANDATORY BINDING ARBITRATION instead of in court and a class action waiver. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Pret Account & Loyalty T&Cs. 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 reviewsection 11 below for the details regarding your agreement to arbitrate any disputes with Pret.

2.5 Among other things, these Pret Account & Loyalty T&Cs provide important information about:

2.5.1 what the Pret Account is, its functionality, and how to use it;

2.5.2 requirements for signing up for a Pret Account, and certain limitations or restrictions that might apply to your use of the Pret Account;

2.5.3 other important information about your and our rights and obligations in relation to the use and administration of your Pret Account;

2.5.4 what Pret Perks (our Loyalty Program) is, how it works, and how to participate;

2.5.5 certain requirements for participating and limitations on who can participate in Pret Perks; and

2.5.6 other important information about your and our rights and obligations in relation to Pret Perks.

2.7 If you have any questions in relation to these Pret Account & Loyalty T&Cs, please contact us here.

2.8 Please note that we may revise these Pret Account & Loyalty T&Cs at any time by updating them on our website/app. Please check for the most current version of these Pret Account & Loyalty T&Cs at pret.com/en-US/us-legal each time you use a Pret Account or Pret Perks. Your continued use of a Pret Account and/or Pret Perks following the posting of revised Pret Account & Loyalty T&Cs means that you accept and agree to the changes.

3. Do any other terms apply?

These Pret Account & Loyalty T&Cs only govern Pret Accounts and Pret Perks so they apply in addition to any other agreements made between you and us, and any policies and notices that we communicate to you from time to time (each to the extent applicable). That might include:

3.1 our website and app terms of use, available at the section ‘Pret Platform US Terms and Conditions’;

3.2 the terms and conditions applicable to the Pret Coffee Subscription, available at the section ‘Pret Coffee Subscription US Terms and Conditions’;

3.3 our Pret Pick Up service terms and conditions, available at the section ‘Pret Pick Up Terms and Conditions’;

3.4 the terms and conditions applicable to the pre-paid account of your Pret Card, available at the section ‘Pret Gift Cards’; and/or

3.5 our privacy notice and cookies notice which lets you know how we process your personal data and use cookies (including as part of the Pret Account functionality and Pret Perks Loyalty Program), available here and here respectively. Any information you submit or provide in connection with your Pret Account and/or Pret Perks is governed by our Privacy Notice, and you consent and agree to the collection and use of certain information about you, your Pret Account, and your participation in Pret Perks in accordance with our Privacy Notice, which is incorporated by reference into and forms a part of these Pret Account & Loyalty T&Cs.

4. What does the Pret Account do?

The Pret Account is intended to be a central hub for you to manage your relationship with us and to make it easier for you to request, and for us to deliver, our products and services including Pret Perks, Pret Pick Up and the Pret Coffee Subscription. The functionality associated with the Pret Account includes the following:

4.1 Basic account administration

Your Pret Account allows you to:

4.1.1 create an account;

4.1.2 sign in to, and log out of, our website and app;

4.1.3 reset your password; and

4.1.4 edit your basic personal details once your Pret Account has been verified (e.g., the email, name, and phone number associated with your Pret Account),

all subject to and in accordance with these Pret Account & Loyalty T&Cs.

4.2 Pret Perks (the Loyalty Program)

Your Pret Account allows you to:

4.2.1 participate in Pret Perks;

4.2.2 scan your QR code linked to your account to participate in Pret Perks (and Coffee Subscription as appropriate);

4.2.3 earn stars for Qualifying Purchases, receive, and redeem Pret Perks Rewards; and

4.2.4 receive personalized offers linked to Pret Perks,

4.2.5 all subject to and in accordance with these Pret Account & Loyalty T&Cs.

4.3 Manage your Pret Coffee Subscription

Your Pret Account allows you to:

4.3.1 register for a Pret Coffee Subscription service (or add an existing subscription to your Pret Account);

4.3.2 manage, cancel, or pause your subscription;

4.3.3 view your QR code for your Pret Coffee Subscription;

4.3.4 manage and place orders using Pret Pick Up;

4.3.5 view your subscription billing history; and

4.3.6 change your subscription payment details,

all subject to and in accordance with our Pret Coffee Subscription T&Cs and these Pret Account & Loyalty T&Cs.

4.4 We try to make our Pret Account as useful and user friendly as possible, and that means that we will from time to time add and remove features and functionality to reflect our customer feedback, changes in law or regulation, changes in our business model, and best practices. For that reason, the Pret Account functionality set out in these Pret Account & Loyalty T&Cs is only illustrative – we may make changes to the Pret Account features and functionality without notice, and we can't guarantee that any particular functionality will be available at any given time. For more information, see section 8 below.

4.5 Some features and functionality may also be dependent on your device, internet connection, browser, settings, and permissions. For example, if you don't allow us to use cookies or similar technologies, then you might not be able to use certain features and functionality that rely on those technologies; and if you don't allow our website/app to use your location, we won't be able to deliver location-based services.

4.6 We try to make relevant allergen and nutritional advice available throughout our website and app, but because our ingredients are so fresh and change regularly, we encourage you to consult our allergen guide in the usual way before placing any orders or consuming any of our delicious products. If you have any particular allergy or other health concerns, we recommend that you check the allergen guide regularly, and before each order. We can’t guarantee any of our products will be suitable for those with allergies due to a high risk of cross contamination. Our vegan products are made to a vegan recipe but are not suitable for those with dairy and egg allergies. Your health and wellbeing are our number one priority, so if you have any questions on our ingredients or produce, please do ask in store.

5. Who can register for a Pret Account?

5.1 You are eligible for a Pret Account if you:

5.1.1 complete the sign-up process correctly (including verifying your email address);

5.1.2 agree to these Pret Account & Loyalty T&Cs and any other of our terms and conditions which might be relevant, and aren't in breach of any of those agreements/terms and conditions;

5.1.3 are 18+ and able to enter into binding contracts; and

5.1.4 are located in one of the countries where we offer Pret products or services (the UK, the United States, France, and Hong Kong). Please note that your Pret Account is valid only for the country in which you are located in.

5.2 Unfortunately, if you don't meet any of those eligibility criteria then you won't be eligible for a Pret Account.

5.3 Only one Pret Account is permitted per person. If you get locked out of your Pret Account, or have any other issues, please let us know before trying to sign up for a new Pret Account.

6. Your obligations and our right to withdraw the Pret Account

6.1 By registering for, keeping, and using a Pret Account, you agree:

6.1.1 to only use your Pret Account in a fair, reasonable, and lawful way and in accordance with all applicable laws, regulations, terms and conditions, policies, and notices;

6.1.2 to provide accurate, truthful, current, and (where mandatory) complete information when creating your Pret Account and to keep your account details up to date; and

6.1.3 to keep your Pret Account secure, not share it with any other person, and do your best to prevent unauthorized access (i.e., by choosing a strong password and keeping your login details confidential). You'll be responsible for all activity on your account – even if its unauthorized – unless there's a security breach which is our fault. If you suspect any unauthorized access to your Pret Account, please contact us right away so we can help you.

6.2 If we know, or reasonably suspect, that you are using your Pret Account in a fraudulent, improper, unfair, or unlawful way or that you are otherwise in breach of these Pret Account & Loyalty T&Cs or any other applicable terms, we reserve the right (without limiting any other right we may have) to:

6.2.1 suspend or cancel your Pret Account (including any subscription-related benefits under the Pret Coffee Subscription T&Cs);

6.2.2 suspend or cancel your access to our other products and services, such as our Pret Coffee Subscription or Pret Pick Up service; and/or

6.2.3 hold you liable for any and all damages, losses, and liabilities that we suffer or incur as a result, and to pursue legal action and to notify your internet service provider.

6.3 If we suspend or cancel your Pret Account, you may not re-register or join using the same or new details unless we formally invite you to.

6.4 We may also cancel your account in accordance with section 7 below.

7. Deleting and forfeiting your Pret Account

7.1 You can request that we delete your Pret Account by contacting our customer services here.

7.2 Please note that if you do decide to delete your Pret Account, you won't be able to reactivate or restore it at a later date, and you will permanently lose access to your Pret Account. This also means that you'll have waived and forfeit any accrued benefits linked to your Pret Account (like credit and Pret Perks Stars and Rewards) and you will be unable to purchase a Pret Coffee Subscription. If you have an existing Pret Coffee Subscription, your subscription will be cancelled.

7.3 We may also delete Pret Accounts that are inactive for 24 months or more. If you don't use your Pret Account for any 24 month period, you will have waived and forfeit your Pret Account together with any accrued benefits linked to your Pret Account (like credit and loyalty Stars/Rewards).

7.4 When we cancel or delete your account, we will delete all associated personal data except for data that we are entitled or required to retain by law. For more information, see our privacy policy.

8. Our liability as regards your Pret Account

8.1 Nothing in these Pret Account & Loyalty T&Cs limits our liability or your rights in circumstances where it would be unlawful to do so. Nothing in these Pret Account & Loyalty T&Cs limits your statutory rights as a consumer.

8.2 Our website and app, including the Pret Account functionality, is provided "as-is", without any warranty or promise that it will meet a particular standard, be fit for a particular purpose, be uninterrupted or error free, or be available at any given time. Use of the Pret Account is optional, and you must make your own decision regarding whether or not to use it according to these Pret Account & Loyalty T&Cs.

8.3 We try to ensure that the information on our website and app is accurate and complete, but we can't guarantee this.

8.4 Certain of the services offered through your Pret Account will be subject to local and offline conditions – for example, if you try to place an order through your Pret Account, that will be subject to operating times and stock availability at the relevant Pret store.

8.5 Our liability to you in respect of these Pret Account & Loyalty T&Cs and your Pret Account is limited as set out in section 9 of our Pret Platform US Terms and Conditions.

9. What is Pret Perks?

Pret Perks, or the "Loyalty Program", is a loyalty rewards program that we operate. Under the Loyalty Program:

9.1.1 each Qualifying Purchase (see section 11) entitles you to a digital token (which we call a "Star");

9.1.2 Stars are applied to your Pret Account; and

9.1.3 once you have collected 10 Stars, you will (subject to these Pret Account & Loyalty T&Cs) be eligible to claim a free product or other such reward, to be decided by us (each a "Reward").

We reserve the right to change the Loyalty Program at our discretion and without notice to you.

10. How to participate in Pret Perks

10.1 You are eligible to participate in Pret Perks if you:

10.1.1 have a valid Pret Account;

10.1.2 aren't in breach of any agreements with us or any of our terms and conditions (including these Pret Account & Loyalty T&Cs);

10.1.3 are 18+ and able to enter into binding contracts; and

10.1.4 are located in the US.

10.2 Unfortunately, if you don't meet any of those eligibility criteria then you won't be eligible to participate in Pret Perks, collect Stars, or earn Rewards.

10.3 You must be able to use our website or app in order to be able to fully participate in Pret Perks. That means you'll need a compatible device and suitable internet connection. You should refer to our general terms of use for more details (see section 3).

10.4 All Pret Account holders are automatically provided with access to Pret Perks, however you are not (nor will you at any time be) obliged to participate in Pret Perks. If you do not wish to be enrolled in Pret Perks, you can request the deletion of your Pret Account in accordance with section 7.1.

10.5 Any Qualifying Purchase placed online from your Pret Account (as long as you're logged in) will automatically earn you a Star. If you make a Qualifying Purchase in store, it is your responsibility to present and scan your QR code (available in the 'My Account' section of the Pret app) at the point of sale to have the Star applied to your Pret Account.

10.6 If you aren't logged in at the time you place your order (in the case of digital Qualifying Purchases) or you don't present and scan your QR code (in the case of in-store Qualifying Purchases) then your Star won't be counted and there will be no way to have it subsequently applied to your Pret Account.

11. What are Qualifying Purchases and how do I earn Stars?

11.1 A Star will only be awarded for a Qualifying Purchase. A "Qualifying Purchase" is a purchase at a Pret store or via the Pret website or app which:

11.1.1 requires the actual expenditure of money or gift card credit (note that gift cards are valid for in store purchases only). For example, if a customer redeems a free drink as part of their Pret subscription, that would not in itself be a Qualifying Purchase. Likewise, redemption of a Reward will not in itself be a Qualifying Purchase.

11.1.2 is not part of a series of connected purchases. For example, if you purchase a number of items as separate transactions without a reasonable time period having passed between them (at least 15 minutes), we reserve the right to treat that as one set of connected purchases for which a maximum of 1 Star will be awarded;

11.1.3 is made at a participating Pret branch or via the Pret website or app. Note that this excludes any orders made through third parties (like UberEats, DoorDash, Grubhub, and Postmates). If you are in any doubt as to whether a particular Pret location participates in Pret Perks, please ask our friendly staff before you make your purchase.

11.1.4 is not subsequently returned, refunded, or otherwise the subject of a credit or debit card 'chargeback'. Where a Star is awarded and such circumstances later come to light, we reserve the right to remove that Star from your Pret Account.

11.2 If you have a Pret Coffee Subscription, we will also credit your Pret Account with a Star for every month you renew that subscription (unless you've opted out). We reserve the right to stop this at any time with or without notice.

11.3 We might, at our discretion and at any time, award you Stars for any other reason, or for no reason at all! It's just our way of saying thank you for being a loyal Pret customer.

11.4 We'll also award you with a Star when you sign up to Pret Perks to get the ball rolling and start you on your way to earning your first Reward.

12. Stars & Rewards

12.1 Stars and Rewards are issued free of charge, have no cash value, and can't be redeemed (other than for a Reward in accordance with these Pret Account & Loyalty T&Cs) or refunded.

12.2 Stars and Rewards are personal to you and your Pret Account. They can't be transferred, traded, or shared with anyone else other than as set out in these Pret Account & Loyalty T&Cs.

12.3 When you have collected 10 Stars, you will earn a Reward which may be redeemed in one of two ways:

12.3.1 once the Reward has appeared in your Pret Account, you can redeem your Reward in-store by scanning your QR code at checkout. If your purchase includes the Reward, the price of the Reward will be automatically deducted from your bill; or

12.3.2 once the Reward has appeared in your Account, you can redeem your Reward when using the Pret Pick Up feature of the Pret website/app by first logging in and completing a transaction through Pret Pick Up. If your purchase includes the Reward, the price of the Reward will be automatically deducted from your bill.

12.4 If there is more than one eligible product in your (physical or digital) basket when you redeem your Reward, the most expensive item will be the one treated as the Reward and deducted from your bill (if and as applicable).

12.5 Rewards change from time to time and at our complete discretion. We can't guarantee that you will be eligible for a particular Reward, that Rewards will be available at your time of redemption, or that Rewards will be of a minimum value. We will, however, try to give you a range of Rewards to choose from which may include items from our menu (so for example you might get to choose a free sandwich from our range of sandwiches, or a free cookie from our range of cookies).

12.6 If you have any dietary requirements or allergies, please consult our allergen guide in the usual way before redeeming and enjoying any Rewards. We can’t guarantee any of our products will be suitable for those with allergies due to a high risk of cross contamination. Our vegan products are made to a vegan recipe but are not suitable for those with dairy and egg allergies. If you have any questions on our ingredients or produce, please do ask in store. In the event that any of your dietary requirements or allergies cannot be accommodated within the eligible Rewards offered, please speak to a member of staff who will do their best to accommodate your requirements. We can’t guarantee that a substitute Reward will be available in such circumstances.

12.7 Rewards can only be redeemed once. Once a Reward is earned this will extinguish your Stars and to earn another Reward you will have to collect 10 new Stars.

12.8 Once earned, Rewards will remain active for 30 days. You must redeem the Reward (through any of the options in section 12.3) in that time. If you don't, it will expire, and you won't be able to reclaim either the Reward or the Stars.

12.9 Stars will only remain eligible for Rewards while your Pret Account remains active. To remain active, you must have completed a Qualifying Purchase within the last 12 months. Any Stars that remain in your Pret Account 12 months after your last Qualifying Purchase shall automatically expire.

12.10 We reserve the right to terminate and withdraw the Pret Perks Loyalty Program at any time for any or no reason. If we decide to do so, we will (where commercially viable) aim to give you at least 60 days' notice, at the end of which Pret Perks, and your Stars, will disappear and be of no further value or use.

12.11 Rewards are not able to be redeemed as part of any other promotion, including any promotional meal deals that we may operate from time to time. Any eligible Rewards in your basket will be calculated before any other promotion is applied.

13. Your Obligations and our right to withdraw Pret Perks

13.1 You must only use Pret Perks in a fair, reasonable, and lawful way and in accordance with all applicable laws, regulations, terms and conditions, policies, and notices.

13.2 If we know, or reasonably suspect, that you are using Pret Perks in a fraudulent, improper, unfair, or unlawful way, that, in our reasonable judgment, you have or are attempting to abuse Pret Perks, or that you are in breach of these Pret Account & Loyalty T&Cs or any other applicable terms, we reserve the right (without limiting any other right we may have) to:

13.2.1 suspend or cancel your Pret Account;

13.2.2 withdraw any Stars or Rewards on your Pret Account; and

13.2.3 hold you liable for any and all damages, losses, and liabilities that we suffer or incur as a result, to pursue legal action, and to notify your internet service provider.

13.3 If we suspend or cancel your Pret Account, you may not re-register or join using new details unless we formally invite you to.

14. General

14.1 If any of these Pret Account & Loyalty T&Cs are found by any court or administrative body of competent jurisdiction to be illegal, invalid, or unenforceable under the law of any jurisdiction, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability in that jurisdiction of the other provisions of this agreement or the legality, validity, or enforceability in any other jurisdiction of that provision.

14.2 If you have any questions about these Pret Account & Loyalty T&Cs, or a complaint about your Pret Account, please contact us here. We hope that we are able to resolve any issues through our complaints, procedure, but it is of course always open to you to pursue your complaint through legal channels.

15. Governing Law

15.1 These Pret Account & Loyalty T&Cs and any related dispute or claim (whether contractual or non-contractual) shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict provisions.

16. Mandatory Binding Arbitration

16.1 Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in these Pret Account & Loyalty T&Cs.

16.2 You and Pret agree that any dispute, claim, or controversy whether at law or equity, arising out of or relating in any way to these Pret Account & Loyalty T&Cs or your use of the Pret Coffee Subscription, Pret Account, or Pret Perks, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration instead of in courts of general jurisdiction.

16.3 YOU AND PRET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You and Pret agree that any arbitration under these Pret Account & Loyalty T&Cs will take place on an individual basis and that class, mass, consolidated, or combined actions or arbitrations or proceedings are not permitted. Further, unless both you and Pret agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

16.4 You and Pret agree to waive the right to trial by jury.

16.5 This agreement to arbitrate extends to claims that you assert against other parties, including without limitation claims against Pret and its affiliates, related entities, and franchisees.

16.6 These Pret Account & Loyalty T&Cs evidences a transaction in interstate commerce and you agree that, by agreeing to these Pret Account & Loyalty T&Cs, the Federal Arbitration Act governs the interpretation and enforcement of this provision and agreement to arbitrate. This agreement to arbitrate shall survive termination of these Pret Account & Loyalty T&Cs and any other contractual relationship between you and Pret. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Pret both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

17. If you desire to assert a claim against Pret, and you therefore elect to seek arbitration, you must first send to Pret, by certified mail, a written notice of your claim (“Notice”). The Notice to Pret should be addressed to: Pret A Manger (USA) Ltd, 350 5th Ave, 18th fl. New York, NY 10118 (“Notice Address”). If Pret desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Pret, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Pret and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Pret may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Pret or you shall not be disclosed to the arbitrator.

17.1 Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Pret from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

17.2 If this agreement to arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Pret Account & Loyalty T&Cs shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for located in Wilmington County, Delaware, in accordance with the laws of the state of Delaware, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.