01 Parmizza Terms and Conditions of Use
By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement, which form a legally binding contract between you and us. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of the Services.
If you are using the Sites or other Services on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to this Agreement.
Parmizza reserves the right to update these Terms at any time without notice to you. However, the most current version of these Terms may be accessed by clicking on the “Terms & Conditions” link located at the bottom of the Site. When you use the Site, you accept, WITHOUT LIMITATION OR QUALIFICATION, these Terms, including any changes that are made from time to time. If you do not accept or agree with these Terms, then do not use the Site or download any materials or content from it. By accessing, using, browsing or downloading in any way, without limitation or qualification, any material on the Site, you agree to and are bound by these Terms.
02 Capacity to Accept these Terms
ACCESS TO THE SITES AND OTHER SERVICES IS LIMITED TO U.S. RESIDENTS WHO ARE 13 YEARS OF AGE OR OLDER. BY USING THE SITES OR SERVICES, YOU HEREBY CONFIRM THAT YOU ARE A RESIDENT OF THE UNITED STATES AGE 13 OR OLDER.
If you are under 13 years of age, then please do not use the Parmizza Site. If you are under 13 years of age and need to access the Parmizza Site, request parental or guardian assistance.
The Site is not targeted to or intended to be used or accessed by children under the age of 13, and Company does not knowingly obtain information from children without first obtaining parental consent in accordance with applicable laws like the Children’s Online Privacy Protection Act. If you believe we have collected information from your child in error or have questions about our practices relating to children, please notify us in accordance with Section 16.
03 Restrictions on Use
Parmizza hereby grants you permission to use the Site as set forth in these Terms, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without Parmizza’s prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms.
The Services are only available for access and use by you for lawful purposes. Unless you have first obtained prior written approval, you may not do any of the following:
- use the Site for any unlawful purpose;
- use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud, or falsify information in connection with your use of the Site.
- impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;
- use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
- use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others, including any third party’s intellectual property rights; and
- use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
Without limiting our rights to change, restrict, disable or terminate the Services as provided elsewhere under this Agreement, we reserve the right to immediately block or disable your ability to use the Sites and/or otherwise suspend or terminate your access to the Services, in whole or in part, if, in our sole and absolute discretion, we believe that you have engaged in any of the foregoing activities or posted or distributed any content prohibited above; that such activities have occurred in association with your account or device; or if we otherwise believe that your use of the Services may cause a breach applicable laws or contractual obligations.
04 Intellectual Property Rights
The materials and software associated with the Services, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of, as applicable) the software or other materials, are copyrighted works and exclusively owned by the Company or our licensors. In addition, the Services, including all software, content, inventions, technology, products, services and data provided through the Services, are protected under United States and international copyright, patent, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of the Company, our affiliates, or our licensors, and are the exclusive property of the Company, or of our affiliates or licensors as applicable.
All suggestions, requests and feedback you may communicate to us regarding the Services, and all inventions, improvements, modifications, product or service ideas, and concepts contained therein (collectively, “Feedback”), shall be the exclusive property of the Company. You hereby assign all worldwide rights, title and interest in, to and under any such Feedback to the Company and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback. Without limiting the foregoing, you agree and acknowledge that any content that you post via the Services may be made available for viewing by other users, at the Company’s sole discretion.
05 Updates and Changes
You acknowledge and agree that the form, features and/or nature of the Site and the Services may change from time to time without prior notice to you. We may also cease or discontinue providing the Site or the Services, or support or upgrades for the Site, at any time at our sole discretion. Such new features and/or services shall be subject to the terms and conditions of the then-current version of this Agreement as well as any additional terms and conditions that we may post on any of our Sites or make available through the Services. We may also modify or eliminate services, modules or features of the Site or the Services, in whole or in part, to all users or only selected users at our sole and exclusive discretion; your sole and exclusive remedy, and our sole liability, in connection with any such change, modification or elimination is to terminate your account with us. We reserve the right (and you acknowledge our right), at our sole discretion, to amend or update any part of this Agreement by posting the amended or updated Agreement on any of our Sites or making it available through the Site. While we may choose to notify you of changes to this Agreement, you are responsible for periodically checking for changes to this Agreement. Your continued use of or access to the Services following the posting or distribution of any changes to this Agreement constitutes acceptance of those changes; and such amended or updated Agreement will be effective as of the date of its posting on or through any of our Sites or other Services.
06 Mobile and Internet Services
By using the Services from your mobile phone, you agree to receive such Services on the device you designate for such purposes and you understand that your wireless or internet services provider’s standard SMS and/or data rates will apply to these Services. By using the Services, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Services. You hereby represent and warrant that you are the owner or authorized user of any mobile or other wireless device that you use to access the Services, and that you are authorized to approve all associated SMS and data charges.
07 Third-Party Links and Sites
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND/OR YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, FREEDOM FROM ERRORS, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THEIR CONTENT OR THE CONTENT OF ANY PRODUCTS OR SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, YOUR ACCOUNT OR OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (VI) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE SERVICES OR OTHERWISE), OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, OR ANY HYPERLINKED OR INTEGRATED WEBSITE OR SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY THIRD PARTY THAT OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE SERVICES).
10 Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM OR SERIES OF CLAIMS IS HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITES, THE SERVICES, AND THE COMPANY AND ITS AFFILIATES, LICENSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF OUR SITES OR OTHER SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates, it licensors, and its and their respective stockholders, directors, officers, employees, representatives and agents from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys’ fees) arising out of or related to or in connection with your actual or alleged (a) use of and access to the Sites and other Services, including, without limitation any action, loss, damage or liability arising from, related to, or in connection with the sale of any gift card or rewards card sold by reseller in any jurisdiction, (b) violation, breach or default of any term of this Agreement, (c) violation by you of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, (d) damage to a third party cause by you or any content which you submit or transmit via the Services, or (e) violation, breach or default of any term of an agreement (whether written or oral, and whether implied or express) between you and any third party.
12 Online Orders
You do not need to create a user account to place an order; however, each time you place an order via the Toast ordering app, you must provide your contact information (including a valid email address) and valid payment information as such information is used only for the specific placed order and not for any subsequent orders.
Follow the instructions to place an order; provide all information required for order placement and payment. You are responsible for payment of your order by providing a valid credit card and related payment information at the time of placement of your order. The Company (or its third party payment processor designee) will charge, and you authorize the Company (or its third party payment processor designee) to charge, the credit card you provide at the time of placement of your order. The Company uses third party providers, and may use and accept various third-party services to process payments; by making a payment, you agree to the terms and conditions of such providers and services. Upon payment for your order, you will receive an email sent to the designated email address you provided in connection with your order detailing your order information. By placing an online order, you represent and warrant that you are capable of entering into a contract under the applicable law.
You understand that: (1) the prices for menu items displayed through the online ordering services may differ from the prices offered or published for the same menu items at a physical restaurant, (2) the prices for menu items may differ depending on geography or through different methods of ordering, (3) the prices for menu items may differ depending on whether you order for dine-in or pick up, (4) the Company reserves the right to change the prices displayed through the online ordering services, and applicable fees or surcharges at any time, and (5) images of menu items on a Site may not be identical to what is available or that you may receive from an individual restaurant. Prices for menu items do not include applicable taxes, fees (including service fees), or surcharges, which additional amounts will be added to the amount of your order prior to order placement and payment. Amounts paid for completed orders are final and non-refundable. The Company has no obligation to provide refunds or credits, but may grant them, in its sole discretion.
13 Gift Cards
Please protect your any gift or rewards card like cash. This card will not be replaced if lost, stolen or destroyed without the gift card number and receipt. For balance inquiry or customer service, contact email@example.com. You may redeem gift cards or rewards cards for food, beverages, tip, or products at our restaurants or via the Toast ordering app, within the U.S., for the duration provided in any terms that are provided to you separately for such card. Card may not be redeemed for cash, except as required by law. No service fees are charged in connection with this card.
Additional Terms for Corporate Customers: All sales of gift cards are final and cannot be returned. No service fees are charged on gift cards. Gift cards may not be resold for less than face value.
We may terminate your access to all or any part of the Services, or block or disable your access or use of the Site, at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, we may terminate your access to all or any part of the Services, or block or disable your access or use of the Site, if (a) we believe that you have breached any provision of this Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) we are required to do so by law (for example, where the provision of Services to you is, or becomes, unlawful); (c) we elect to no longer provide the Services to users in the state or country in which you are resident or from which you use the Services; or (d) we believe that your use of the Services may infringe or violate the rights of a third party or subject us or one of our affiliates to civil or criminal liability or reputational harm. Termination may result, in our sole discretion, in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall so survive. If your account is cancelled or terminated for any reason, you will no longer be able to access information under your account.
(b) Choice of Law; Dispute Resolution; No Class Actions. This Agreement is governed by Delaware law, excluding its conflicts of law rules. Except as provided in this Section 15(b) (Choice of Law; Dispute Resolution; No Class Actions) with respect to requests for injunctive relief relating to a breach of your license rights or our intellectual property rights, or any claim brought in small claims court, any controversy, claim or dispute arising out of this Agreement or your use of the Services (including without limitation any controversy, claim or dispute arising from your dealings with or agreement entered into with third-party sponsors for products and/or services promoted in, linked or otherwise provided in or with the Services) (collectively, “Claims”) shall be resolved by final and binding arbitration, in accordance with the commercial arbitration rules of the American Arbitration Association, further provided that you may assert claims in small claims court if your claims qualify. In accordance with the Federal Arbitration Act or the state law modifying or supplementing the Federal Arbitration Act any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. For any claims that do not undergo arbitration, you expressly consent to the exercise of jurisdiction and venue by the state and federal courts located in Delaware. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.
In addition to the above, you waive the right to bring any Claim as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any Claim. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
(c) Severability; Waiver, No Assignments. The provisions of this Agreement are severable, and if any portion is determined invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law. Any waiver by either party of any term or condition of this Agreement or any breach thereof shall be in writing, executed by the party to be charged, and any such waiver, in any one instance, will not waive such term or condition in any other instance or any subsequent breach thereof. This Agreement is not assignable by you, except by operation of law; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
(d) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief, as permitted above.
16 HOW TO CONTACT US
You may direct any questions, complaints or claims with respect to the Sites or the other Services to: firstname.lastname@example.org.