TERMS AND CONDITIONS
Los Cuates Mexican Restaurant (the “Restaurant” or “We” or “Us”)
Address: 4025 Winder Hwy Suite 460 Flowery Branch, Ga 30542, United States
Phone: (470) 290-8337
These Terms and Conditions apply to you as a client for online ordering (hereinafter referred to as “you” or the “user” or the “client”)
Applicability and Amendment
PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS AND/OR USE THE ONLINE ORDERING (HEREINAFTER NAMED “ONLINE ORDERING APPLICATION”). ACCESS AND/OR USE OF THE ONLINE ORDERING BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Subject to applicable legal regulations in force, We may, in our discretion, from time to time amend or otherwise modify the Terms and Conditions of Use. We recommend that You carefully read, each time you order online, the Terms and Conditions as they may affect your rights. These Terms and Conditions describe the general online ordering terms and conditions between Us and You and different rights and obligations of the Parties.
For the sake of clarity, these Terms and Conditions also apply in case of online ordering through our mobile application, hereinafter also referred to as the “online ordering application” or the “application“. The online ordering applications described herein are the only online ordering applications used by the Client to place an order for different products and/or services (hereinafter referred to as the “products” and/or “services”). The online ordering application is owned and operated by the Restaurant.
Newsletter
By using the online ordering application, you are consenting to receiving our periodic newsletter at the email address you provide.
Accuracy of Content of Online Ordering Application
The Restaurant shall make all the necessary and reasonable steps to ensure that the information contained in the online ordering application is accurate and reliable. However, the Restaurant is not infallible and errors may sometimes occur. You should take appropriate steps to verify all information in relation to the online ordering before using it. To the maximum extent permitted according to the applicable law, the Restaurant disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to the online ordering application, including without limitation the availability of the online ordering application.
The Restaurant may from time to time revise the information in relation to the online ordering application and/or process, and reserves the right to make such changes without any obligation to notify any past, current or prospective clients. In no event shall the Restaurant be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein and/or in relation with the online ordering process.
By ordering online, you acknowledge and agree that the use of the online ordering application and/or processes is at your own risk. To the maximum extent permitted by applicable law, under no circumstances, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use the online ordering application (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications). All express or implied warranties or representations are excluded to the maximum extent permitted by applicable law.
Third Party Links
The online ordering application and/or process may include content, information or links to third parties or third party sites. The Restaurant is not responsible for the content of any such sites. The links may be accessed at the user's own risk and the Restaurant makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to the online ordering application.
Except otherwise expressly mentioned, all the information in relation to the online ordering application (including without limitation the images, buttons and text) are property and/or used with the permission of the Restaurant. Therefore, said images, buttons, and text may not be copied, distributed, reproduced, or transmitted in any form or by any means, without the Restaurant’s prior written permission.
Intellectual Property
The online ordering application content, arrangement, texts layout, trademarks, and other content, are proprietary and cannot be used in any way without the express written permission of the Restaurant. By using the online ordering application, the Client does not obtain any license or right to the content of the online ordering application.
Right to Use
The Restaurant reserves the right to suspend a client’s use of the online ordering application and/or process.
You acknowledge and agree that all orders are treated as an express intention to purchase the selected products and/or services for the agreed online prices. We treat any order as a binding offer to purchase such products and services. Any variations must be in writing, otherwise they will not be binding on either party.
The acceptance of any order for any of the products and/or services shall be at the sole discretion of the Restaurant. The Restaurant reserves the right to refuse service to anyone. Any products and/or services provided through the online ordering application are done so on an "as is" and "if available" basis.
The Restaurant's online ordering application must only be used by persons over the age of eighteen (18) years, or under the supervision of an adult or guardian.
Delivery
Delivery orders are also subject to:
i) Your address falling in the defined delivery area of the Restaurant.
ii) Availability of the delivery on the day or time of your order.
iii) A possible minimum amount per order.
iv) Risk in the Products shall pass to the Client on delivery.
Order Cancellation or Modification
Once placed, the online order once placed cannot be modified or cancelled through the online ordering application. If you wish to revise your order, you may call the Restaurant, but the Restaurant does not warrant or guarantee that your order will be changed or cancelled.
Limitation of Liability
Anything herein to the contrary notwithstanding, the liability of the Restaurant and the partners, members, managers, employees, contractors, or agents for negligence, failure to perform obligations, or otherwise (excepting gross negligence and willful misconduct) under or in connection with this Agreement shall be limited to an amount equal to all amounts paid by Client to the Restaurant under this Agreement.
General
You are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities in relation with the online ordering (application).
In the event any provision of this agreement is and/or becomes void, illegal, invalid or inapplicable, it shall not affect the validity or the applicability of the other contractual clauses, which shall continue to be in force.
This terms and Conditions shall be governed by and construed in accordance with the laws of the state of Georgia.
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