TERMS AND CONDITIONS
*Last Updated 5/7/2024*
By using the website www.kekes.com or any other site owned, operated, licensed, or controlled by Keke’s Franchise Organization, LLC or any of its related, affiliated, or subsidiary companies (together, “Keke’s” or “Keke’s Breakfast Cafe” or “we” or “us” or “our”) or otherwise linking to these terms and conditions (collectively, the “Site”), or downloading information (the "Materials") from the Site, you agree and are subject to the following terms and conditions. If you do not agree to these Terms and Conditions (these “Terms), you should not use the Site or download materials from the Site. IMPORTANT: These Terms include resolution of disputes by arbitration on an individual basis instead of in court.
Restricted Use
Keke’s Breakfast Cafe authorizes you to view, copy, print, and download the Materials at this Site provided the Materials are used for lawful, informational and noncommercial purposes only and that you do not delete from the Materials any of their original copyright, trademark and other such proprietary notices. This authorization is not a transfer of title in the Materials or in copies of the Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for public or commercial purposes. You may not transfer the Materials to any person unless you give them notice of, and they agree to accept, the obligations arising under these Terms. You agree to abide by all additional restrictions displayed on the Site, as it may be updated from time to time.
Trademarks
Keke's Breakfast Cafe® and any other mark designed by Keke's with ® or with ™ or SM are federally registered, or are properly filed with the U.S. Patent and Trademark Office, and are trademarks or service marks of Keke’s Breakfast Cafe. Unauthorized use of the registered logos, copyrights, pictures, designs, names or phrases is prohibited by law. All other trademarks which may appear at the Site are the property of the respective trademark owners.
Limitation of Liability
Neither Keke’s Breakfast Cafe nor its directors, employees, representatives will be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure, nor will such individuals or entities be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence on Keke’s Breakfast Cafe, it's agents or contractors, or an authorized Keke’s Breakfast Cafe representative has been advised of the possibility of such damages, or both. In no event shall Keke’s Breakfast Cafe total liability to you for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) be greater than the amount you paid to access the Site.
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to Keke’s Breakfast Cafe through the Site (together, the "Submission") will forever be the property of Keke’s Breakfast Cafe. Keke’s Breakfast Cafe will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Keke’s Breakfast Cafe operations. Without limitation, Keke’s Breakfast Cafe will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Keke’s Breakfast Cafe will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Keke’s Breakfast Cafe, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Authorized Use
Except as described otherwise, all materials in the Keke’s Breakfast Cafe Site are made available only to provide information about Keke’s Breakfast Cafe. Keke’s Breakfast Cafe controls and operates this Site from its headquarters in Spartanburg, South Carolina, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws.
Disclaimer
The material in this Site could include technical inaccuracies or typographical errors. Keke’s Breakfast Cafe may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KEKE’S BREAKFAST CAFE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KEKE’S BREAKFAST CAFE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KEKE’S BREAKFAST CAFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, YOU (AND NOT KEKE’S BREAKFAST CAFE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Equal Opportunity Employer
Keke’s Breakfast Cafe, Inc. is committed to providing equal employment opportunity for all persons regardless of race, color, religion, sex, sexual orientation, gender identity, age, national origin, citizenship status, disability or other protected characteristic. To be considered for a posted job opportunity, you must contact the designated recruiting representative. For your information, Keke’s Breakfast Cafe franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
Linking
This Site may be linked to other sites which are not maintained by Keke’s Breakfast Cafe. Keke’s Breakfast Cafe is not responsible for the contents of those sites. The inclusion of any link to such sites does not imply endorsement by Keke’s Breakfast Cafe of those sites. Any creating by you of any kind of hyperlink to the Site is not allowed without the permission of Keke’s Breakfast Cafe. If you wish to obtain permission to hyperlink, please contact: Keke’s Breakfast Cafe, Inc., 203 East Main Street, Spartanburg, South Carolina 29319.
Miscellaneous
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this Site. Keke’s Breakfast Cafe can revise these Terms and Conditions at any time by updating this posting. Your continued use of the Site shall constitute your acceptance of the revised terms.
Mandatory Binding Dispute Resolution and Individual Arbitration Agreement
PLEASE READ THE FOLLOWING SECTION CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS. By accepting these Terms and Conditions, you agree to resolve any dispute with us through binding arbitration or small claims court and to waive your rights to participate in any class action suit and to a jury trial.
(a) Application. This Arbitration Agreement applies to any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of Services provided by Keke’s Breakfast Cafe. This Arbitration Agreement will apply for determination of the threshold issue of whether this Arbitration Agreement applies to you, and all other threshold determinations.
(b) Overview of Dispute Resolution Process. These Terms and Conditions provide for a two-part process for individuals: (1) an informal negotiation directly with Keke’s Breakfast Cafe customer relations team as described in subsection (c) below, and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Keke’s Breakfast Cafe each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
(c) Pre-Arbitration Dispute Resolution. Keke’s Breakfast Cafe is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. For any and all disputes you have against Keke’s Breakfast Cafe, including those described in this Arbitration Agreement, you must first give Keke’s Breakfast Cafe an opportunity to resolve the dispute by sending notice by certified mail to Keke’s Breakfast Cafe, Inc., 203 East Main Street, Spartanburg, South Carolina 29319, Attn: Legal/Risk Management, or by attaching a PDF of the notice to an email and sending to information@kekes.com. The notice must be physically signed by you and provide the following information: (1) your name, (2) your address, (3) a brief description of the dispute, (4) a description of the specific relief you seek, and (5) a request for arbitration. You and we each agree to negotiate your claim in good faith. You agree not to commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim notice, and you have made a good faith effort to resolve your claim directly with us during that time. You and Keke’s Breakfast Cafe may also mutually agree to extend the time period provided in this paragraph. You may pursue your dispute or claim in a court only under the limited circumstances described below.
(d) Mandatory Arbitration Notification. IF WE ARE UNABLE TO RESOLVE YOUR CLAIM WITHIN 60 DAYS DESPITE THOSE GOOD FAITH EFFORTS, THEN EITHER YOU OR WE MAY START ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. To begin arbitration, you must send a letter requesting arbitration and describing your dispute to the American Arbitration Association (“AAA”) with a copy of the demand on Keke’s Breakfast Cafe registered agent for service of process, The Corporation Trust Center c/o Corporation Trust Company, 1209 Orange St, Wilmington, DE 19801. After you pay your portion of any initial filing fee, Keke’s Breakfast Cafe shall pay any remaining portion of the initial fee. Thereafter, the payment of administration and arbitrator fees will be governed by the AAA’s rules. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing.
(e) Agreement to Arbitrate. You and Keke’s Breakfast Cafe mutually agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the applicability, breach, termination, validity, enforcement or interpretation thereof, or use of Services provided by Keke’s Breakfast Cafe and its affiliates (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Keke’s Breakfast Cafe agree that the arbitrator will decide that issue.
(f) Exceptions to Arbitration Agreement. You and Keke’s Breakfast Cafe each agree that the following causes of action or claims for relief are excepted from this Arbitration Agreement and will be brought in a judicial proceeding in accordance with the “Governing Law” section below: (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances; or (ii) a request for the remedy of public injunctive relief. You and Keke’s Breakfast Cafe agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
(g) Arbitration Rules and Governing Law. You and we each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the substantive and procedural interpretation and enforcement of this dispute resolution and arbitration provision. For any consumer matters, the arbitration of all Disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with this Agreement, in which case this Agreement will govern. The AAA’s rules and the form for filing an arbitration claim are available at https://www.adr.org. To initiate arbitration, a completed written demand must be filed with the AAA and provided to the other party, as specified in the AAA rules.
(h) Arbitration Hearing/Location; Depositions. In order to make the arbitration most convenient for you, Keke’s Breakfast Cafe agrees that any required arbitration hearing may be conducted, at your option: (i) in the U.S. county where you reside; (ii) in Spartanburg County, South Carolina; or (iii) via phone or video conference. Unless we and you agree otherwise, any arbitration hearings for claims of $10,000 or less, will be conducted solely on the basis of (i) documents submitted to the arbitrator, or (ii) through a telephonic hearing, except if the arbitrator requires otherwise. During the arbitration, both you and we may take one deposition of the opposing party, limited to 4 hours.
(i) Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by AAA rules. To the extent allowed by applicable law, the arbitrator may award either party its reasonable attorneys' fees and costs, including reasonable expenses associated with production of witnesses or proof upon a finding that a claim was frivolous or brought solely to harass you or Keke’s Breakfast Cafe.
(j) Offers. A party may make an offer of judgment in a manner consistent with, and within the time limitations, consequences, and effects provided in Rule 68 of the Federal Rules of Civil Procedure. The offer shall be served on the offeree in the same manner in which other papers are served in the arbitral proceeding. The offer shall not be served on the arbitrator, except that if the offer is accepted, either party may then file with the arbitrator the offer and notice of acceptance together with proof of service thereof. The arbitrator shall then immediately render an award as provided by the offer, and the arbitration proceedings shall then be terminated. If the offer is not accepted, the offer shall not be used as evidence in the arbitration proceedings and, following the issuance of the arbitrator’s award, the offeror may file a motion for costs with the arbitrator, who shall retain jurisdiction to decide the motion and award costs to the offeror as warranted, to the extent allowed by applicable law.
(k) Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
(l) Jury Trial Waiver. YOU AND KEKE’S BREAKFAST CAFE AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THIS AGREEMENT, YOU AND KEKE’S BREAKFAST CAFE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. In the absence of this provision, you and Keke’s Breakfast Cafe might otherwise have had a right or opportunity to bring disputes in a court, other than small claims court, before a judge or jury.
(m) No Class Actions or Representative Proceedings. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION (WHETHER A PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING). Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
(n) Severability. Except as provided in subsection(m) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(o) Changes to Agreement to Arbitrate. If Keke’s Breakfast Cafe changes this Arbitration Agreement after the date you last accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Issuer (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Keke’s Breakfast Cafe.
(p) Survival. This Arbitration Agreement, including class action waiver, and jury trial waiver, shall survive termination of this Agreement and the termination of your account with Keke’s Breakfast Cafe and discontinued use of the Services.
Governing Law
You acknowledge and agree that this Agreement shall be construed and enforced in accordance with the local law of the State of South Carolina without regard to principles of conflict of laws. For any claims or actions exempted from the Arbitration Agreement pursuant to subsection(f) in the Arbitration Agreement terms above, such action or suit concerning this Agreement shall only be brought by the parties in a federal or state court with appropriate jurisdiction sitting in the State of South Carolina. Neither party shall raise in connection herewith, and the parties herby waive, any defenses based upon venue, inconvenience of forum, lack of personal jurisdiction, improper of service of process or the like in any such action or proceeding. In any such action or proceeding brought in court to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
Privacy
Please see our Privacy Policy posted on the Site at kekes.com/privacy-policy.
Gluten Free
Menu items marked as GF meet the FDA specified definition of less than 20 parts per million for a gluten free claim. Please note that our restaurants are not set up as a strictly gluten free environment.
Mobile Terms & Conditions
Keke’s Breakfast Cafe provides automated text messages to subscribers interested in receiving informational and marketing messages via SMS or MMS, (“Messages”) from Keke’s Breakfast Cafe (the “Program”). By providing your phone number and opting in, you are allowing us to send recurring autodialed Messages about Keke’s Breakfast Cafe. These Messages include new product offerings, promotions, coupons, and other information from Keke’s Breakfast Cafe. Consent to receive Messages is not required as a condition of purchase. To opt out of the Program, just text STOP to the short code and a confirmation will be sent back to you. To resubscribe to the Program, just sign up as you did the first time, and we will start sending Messages to you again. To request support, text HELP to the short code or call us at 1-888-99-KEKES (5353). Message and data rates may apply. Message frequency will vary and can be cancelled at any time. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Carriers are not liable for delayed or undelivered messages. Information we collect in connection with sending Messages is subject to our Privacy Policy at kekes.com/privacy.
Keke’s Breakfast Cafe Menu Legal
This menu may not be reproduced, in whole or in part, without the prior written permission of Keke’s Franchise Organization, LLC. © 2024 Keke’s Franchise Organization, LLC. © 2024 The Coca-Cola Company. "Coca-Cola", "Sprite", "Diet Coke", "Hi-C", "Barq's," "FUZE" and "Minute Maid" are registered trademarks of The Coca-Cola Company. DR PEPPER is a registered trademark of Dr Pepper/Seven Up, Inc. © 2024 Dr Pepper/Seven Up, Inc. Brand names identified may vary per restaurant. Selection and prices may vary. Sales tax will be added to the retail price on all taxable items.
Refund Policy
Addressing customer requests for refunds on purchases of products will be the sole responsibility of Keke’s Breakfast Cafe location at which the order was placed in accordance with such location’s refund policies. Contact the location directly with the phone number provided as soon as possible to request a full or partial refund.