ZAM'S LOYALTY TERMS AND CONDITIONS

ZAM'S LOYALTY PROGRAM TERMS AND CONDITIONS

EFFECTIVE JUNE 2026

The ZAM'S Loyalty Program (the "Program") is a program whereby you must register to gain access to exclusive ZAM'S offers, products, events, and promotions. By joining our Program, you agree to these Terms and Conditions ("Terms"). You should read these Terms, our Website Terms of Use, and our Privacy Policy carefully. All documents are available at www.zamsusa.com.

In these Terms, "ZAM'S", "we", "us", or "our" means Zam's Pensacola FL LLC.

1. Joining the ZAM’S Loyalty Program

1.1 To join the Program, you must register by providing a first name, a last name and a valid email address on our website at www.zamsusa.com. You may also provide a date of birth and cell phone number, although these are not required to register for the Program.

1.2 Only one ZAM'S Loyalty Program account is permitted per person.

1.3 You must be 13 years of age or older to join the ZAM'S Loyalty Program. The Program is intended for residents of the United States. By registering, you represent and warrant that you meet these eligibility requirements. We do not knowingly enrol children under the age of 13. If we become aware that a member is under 13, we will delete their account in accordance with our Privacy Policy and applicable law.

1.4 No fees are charged by ZAM'S for the registration to the ZAM'S Loyalty Program.

1.5 The Program is currently available at participating ZAM'S restaurant locations in the United States. Details of participating locations are available at www.zamsusa.com.

2. Offers and Vouchers

2.1 From time to time, we may offer promotional offers and vouchers to ZAM'S /Loyalty Program members. In some cases, offers or vouchers may only be available through the ZAM'S App.

2.2 New members may receive a sign-up offer once they have registered. The value of the sign-up offer and the timeframe to claim it may change at our discretion.

2.3 From time to time, we may offer vouchers if you complete certain tasks (for example, allowing promotional notifications, referring a friend, or signing up within a specified timeframe). We may also offer promotional offers exclusively for members (for example, free delivery if you spend over a specified threshold). Any specific conditions applying to such offers will be communicated through the ZAM'S website, in-store or via email or text message. Any promotional offer, contest, or sweepstakes will be conducted in accordance with applicable federal and state laws, including applicable sweepstakes and promotional rules.

2.4 Some offers are only available at participating restaurant locations. Any restrictions on redeeming vouchers will be communicated through the ZAM'S website, in-store or via email or text message.

2.5 All vouchers expire on the date set out on the voucher, or otherwise as communicated by us through the ZAM'S website, in-store or via email or text message.

2.6 Vouchers may also include their own defined terms and conditions.

2.7 All vouchers are non-transferable and are not redeemable for cash.

3. Communications and Marketing

3.1 By joining the ZAM'S Loyalty Program, you agree to receive transactional communications from us (including account confirmations and receipts) via email. Transactional communications are necessary for the operation of your account and you may not opt out of these while you remain a member.

3.2 With your express written consent, we may also send you promotional SMS or text messages. Message and data rates may apply. You may opt out of promotional SMS at any time by replying STOP to any promotional text message. Opting out of promotional messages will not affect transactional communications. Consent to receive promotional text messages is not a condition of participation in the Program or of purchasing any goods or services from ZAM'S.

3.3 With your consent, we may also send you marketing emails. Each marketing email will include a clear and conspicuous unsubscribe link. You may opt out of marketing emails by clicking "unsubscribe" in any email we send you or by emailing us at contactus@zamsusa.com.

3.4 We will handle personal information we collect about you in accordance with our Privacy Policy, available at www.zamsusa.com/privacy-policy.

4. Privacy and Financial Incentive Notice

4.1 Your participation in the ZAM'S Loyalty Program involves the collection of personal information. Please review our Privacy Policy at www.zamsusa.com/privacy-policy for full details of how we collect, use, and disclose your personal information.

4.2 Under the California Consumer Privacy Act (CCPA/CPRA) and similar applicable state laws, the Program may be considered a financial incentive program, as we collect and use your personal information in connection with providing you with rewards, discounts, and exclusive offers. A description of the financial incentive, including the categories of personal information collected and the estimated value of the incentive, is set out in the "Notice of Financial Incentive" section of our Privacy Policy.

4.3 Participation in the Program is entirely voluntary. You may withdraw from the Program at any time in accordance with Section 7 of these Terms, or by contacting us at contactus@zamsusa.com. Withdrawal from the Program will result in the forfeiture of any accrued but unredeemed benefits.

5. Tax

5.1 The value of rewards, vouchers, or other benefits you receive through the ZAM'S Loyalty Program may be subject to federal, state, or local tax. You are solely responsible for determining and fulfilling any tax obligations arising from your participation in the Program. ZAM'S does not provide tax advice. We recommend you consult a qualified tax advisor if you have any questions about the tax treatment of Program benefits.

6. Limitation of Liability and Disclaimers

6.1 The ZAM'S Loyalty Program is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Program, including any warranty that the Program will be uninterrupted, error-free, or secure.

6.2 To the fullest extent permitted by applicable law, ZAM'S, its affiliates, officers, directors, employees, agents, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your participation in the Program, including but not limited to loss of benefits, or any other Program-related losses, even if ZAM'S has been advised of the possibility of such damages.

6.3 Nothing in these Terms limits or excludes our liability for gross negligence, willful misconduct, or any liability that cannot be excluded or limited under applicable law.

7. Terminating Membership

7.1 You can terminate your ZAM'S Loyalty Program membership and close your account at any time by contacting us at contactus@zamsusa.com.

7.2 On termination of your membership, all outstanding vouchers, member benefits, and offers will be forfeited and cannot be retrieved.

7.3 We may terminate or suspend your membership at any time, including if we reasonably believe you have breached these Terms, are engaging in fraudulent or inappropriate conduct, or are otherwise misusing the Program. Any such action is subject to your rights under applicable federal and state consumer protection laws.

7.4 We may also terminate or suspend the ZAM'S Loyalty Program at any time. Where practicable, we will provide reasonable advance notice to members before terminating the Program.

7.5 Although we endeavour to give you reasonable notice if we intend to terminate your membership or the Program, this may not always be possible (for example, in the case of suspected fraud).

8. Governing Law and Dispute Resolution

8.1 These Terms and any dispute or claim arising from or relating to them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

8.2 At ZAM'S sole discretion, any dispute arising from or relating to these Terms or the Program, including disputes concerning their interpretation, violation, invalidity, non-performance, or termination, may be submitted to final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, applying Florida law. The place of arbitration shall be Florida, or such other location as agreed between the parties.

8.3 To the fullest extent permitted by applicable law, you waive any right to bring or participate in any class action, class arbitration, or representative action in connection with your participation in the Program or these Terms.

8.4 Any claim or cause of action you may have arising from or relating to these Terms or the Program must be commenced within one (1) year after the cause of action accrues; otherwise, such claim is permanently barred.

9. General

9.1 We may update these Terms from time to time. We will use reasonable efforts to notify you of any significant changes, including by posting the updated Terms on ZAM’S website at www.zamsusa.com/loyalty-terms and, where changes materially and negatively affect you, by email.

9.2 The latest version of these Terms will always be available at www.zamsusa.com/loyalty-terms.

9.3 If you do not agree with any changes to these Terms, you may terminate your membership in accordance with Section 7.

9.4 Your continued use of your membership following the posting of updated Terms constitutes your acceptance of those changes.

9.5 If you have any concerns or complaints about the Program, you may contact us at contactus@zamsusa.com. We will use reasonable efforts to investigate any complaints; however, our decisions and chosen resolution will be final, subject to your rights under applicable law.

9.6 Where we give you notice by email or SMS, you agree that notice is deemed to have been provided on the date of the email or SMS, unless we are notified that the notice was not delivered.

9.7 If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

9.8 Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

9.9 The ZAM'S Loyalty Program is a voluntary rewards program. Participation does not require you to purchase exclusively from ZAM'S or to refrain from purchasing from any other restaurant or food provider.

9.10 These Terms, together with our Privacy Policy (www.zamsusa.com/privacy-policy) and our Website Terms of Use (www.zamsusa.com/terms-of-use), constitute the entire agreement between you and ZAM'S relating to the ZAM'S Loyalty Program and supersede all prior agreements and understandings.

General enquiries: contactus@zamsusa.com

Privacy enquiries: privacy@zamsusa.com

Website: www.zamsusa.com

Mailing address: ZAM'S USA, Suite 1, Level 11, 1 Macquarie Place, Sydney, NSW 2000 Australia.