Terms and
conditions
conditions
By signing up for the Plaza Mexico Rewards app provided by Spoonity services or any of the services of Spoonity Inc. or its affiliates (“Spoonity”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Spoonity under the Terms of Service include various products and services to help you manage gift cards and loyalty services, whether online, in person, or both. Any such services offered by Spoonity are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service.. Spoonity reserves the right to update and change the Terms of Service by posting updates and changes to the Spoonity website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Spoonity’s Privacy Policy before you may become a Spoonity user.
You are required to register with Spoonity in order to access and use certain features of the Service.
If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Spoonity of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Spoonity will not be liable for any loss or damage arising from your failure to comply with this Section.
Spoonity will use your email address for all support related issues and reserves the right to contact at the email address used to register for your account.
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Spoonity will result in an immediate termination of your services.
If you are signing up for the Service on behalf of behalf of your employer, your employer shall be the owner of the account. You represent and warrant that you have the authority to bind your employer to our Terms of Service.
You agree that Spoonity, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use, payment or if Spoonity believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service and may be referred to appropriate law enforcement authorities. Spoonity may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Spoonity may immediately deactivate or delete your account and all of your related information. Further, you agree that Spoonity shall not be liable to you or any third-party for any termination of your access to the Service.
Technical support will only be provided to account holders who have accounts in good standing.
We reserve the right to refuse service to anyone for any reason at any time.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Spoonity customer, Spoonity employee, member, or officer will result in immediate Account termination.
Spoonity does not pre-screen information uploaded to our service and at our sole discretion may refuse or remove any information from the Service. If it is determined to violate these Terms of Service, we reserve the right, but have no obligation to, remove the information or terminate the offending account.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Spoonity employees and contractors may also be Spoonity customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
Spoonity makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
The Spoonity and Spoonity name and logo are trademarks and service marks of Spoonity (collectively the “Spoonity Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Spoonity. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Spoonity Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Spoonity Trademarks will inure to our exclusive benefit.
If you provide Spoonity with any suggestions, comments or other feedback relating to any aspect of the Services (“Feedback”), Spoonity may use such Feedback in the Services or in any other Spoonity products or services (collectively, “Spoonity Offerings”). Accordingly, Customer agrees that: (a) Spoonity is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information owned by you or any third party and you have all of the necessary rights to disclose the Feedback to Spoonity, (c) Spoonity (including all of its successors and assigns and any successors and assigns of any of the Spoonity Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Spoonity Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Spoonity in respect of the Feedback.
Under no circumstances will Spoonity be liable in any way for any content posted by third parties or at the direction of 3rd parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Spoonity does not pre-screen content, but that Spoonity and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Merchant Content Posted on the Site or the Service: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients, whether as a Merchant or otherwise (collectively, “Merchant Content”), if any. You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any Merchant Content you hereby grant and will grant Spoonity and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your Merchant Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
General terms and conditions of business for online ordering
These Terms and Conditions apply when ordering online from:
Menu currency: USD
(hereinafter referred to as the “Restaurant” or “We” or “Us”) These Terms and Conditions apply to you as a client for online ordering (hereinafter referred to as “you” or the“user” or the “client”)
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 apply (also) in case of online ordering through the application (hereinafter referred to as the “online ordering application” or the “application“; the applications is the online ordering application used by the Client to place its 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 licensor of the license agreement regarding the use of the application in order to order online. Without affecting the generality of the present Terms and Conditions and for the sake of clarity You must also respect the license agreement regarding the use of the application in order to order online.
The Restaurant shall make all the necessary diligences to ensure that the information in relation with the online ordering is accurate and reliable. However, this cannot be infallible and errors may sometimes occur. You should take appropriate steps to verify all information in relation with 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, including without limitation the availability of the online ordering application.
The Restaurant may from time to time revise the information in relation with 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 at your own risk and the maximum extent permitted according to the applicable law, in 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 this online ordering and/or any application and/or material on any site linked to this online ordering application (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, no liability can be accepted by Us in respect of any changes made to the content of the online ordering application and/or process by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
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 or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. 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 this ordering online application. You agree to hold harmless and relieve the Restaurant from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
Except otherwise expressly mentioned, all the information in relation with the online ordering application (including without limitation the images, buttons and text) are property and/or available with the permission of the licensor of the license agreement regarding the use of the application in order to order online and holds usage rights over them and, may not be copied, distributed, or reproduced or transmitted in any form or by any mean, electronic, mechanical, photocopying, recording or otherwise, without its prior written permission.
The content referring to specific products (e.g. food items), arrangement and texts layout of the online ordering application and/or process, the trademarks, and any other content, are proprietary and are protected according with the legal regulations in force and cannot be used in any way without the express written permission of the Restaurant. The Client does not obtain any license or right regarding the information in relation with the online ordering and/or application.
If you decide to order online using the online ordering application, you may be asked to provide full contact details and/or to create an account and you may need to accept cookies. You must keep your data confidential and must not disclose it to anyone. The Restaurant reserves the right to suspend the use of the online ordering application and/or process if you breach the Terms and Conditions.
You acknowledge and agree that all orders are treated as an express intention to purchase the nominated products and/or services for the agreed online prices and We treat this as an binding offer from you 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 entire discretion of the Restaurant. Our acceptance of an order may occur when you receive an on-screen message and/or email notification and/or an SMS, confirming your order.
The Restaurant reserves the right to refuse any service, terminate your access to the online ordering application and/or process, remove or edit any content or accept your order/s in its sole discretion and without prior notice to you.
The Restaurant's online ordering application must only be used by persons over the age of eighteen (18) years, or the minimum legal age as permitted by the law or otherwise under the supervision of an adult or guardian.
Any products and/or services provided through the online ordering application are done so on an "as is" and "if available" basis and the Restaurant expressly excludes any warranties, conditions, representations or other terms with respect to the online ordering or the content or products displayed on it, whether express or implied, unless expressly stated to the contrary.
The pictures of the products are for presentation only. The ordered products may have differences (e.g. color, form, etc.) towards the photos existing on the site. The Restaurant is not liable in any way if the description of products is not complete.
Delivery orders are also subject to: i)Your address falling in the defined delivery area of the Restaurant; ii)Availability of the restaurant being online for accepting online orders; iii) Your Order may be subject to a minimum amount per order; You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, the card is valid on the date of your order placement. The Restaurant may provide no refunds to the orders paid online. Contact Us directly to settle any payment dispute or refund claim.
You may be automatically directed to an online listing referring to Your nearby Restaurant service location. Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from location to location. In addition, if you order on-line, the price charged may be different to the price for the Products had they been ordered in-store or by telephone.
The online order once placed cannot be modified or cancelled either through the website or offline by calling the restaurant. Anyhow, if you wish to cancel or complain about your order, please call your local restaurant service location, details of which will be included in the confirmatory e-mail sent to you upon placing your order and We can see how we can help you.
We will aim to provide you with your ordered products as close as possible to your requested delivery/collection time but we cannot guarantee the delivery time in all the cases. Delivery time may be affected due to bad weather or traffic conditions. This is to ensure the safety of our riders. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances.
The Client agrees to accept delivery of the Products at the agreed time and place of delivery. If you have chosen for the Products to be delivered, the Restaurant will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.
Risk in the Products shall pass to the Client on delivery. Any software service/software is used and/or downloaded at your own risk. If you are in any doubt as to the suitability of the software service/software to be used and/or downloaded for your computer it is recommended that you obtain specialist advice before using and/or downloading it.
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).
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. In case 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 and to produce legal effects as if the void, illegal, invalid or inapplicable clause was not part of this agreement.
This Terms and Conditions do not affect your statutory rights.
The Restaurant trademarks, as well as the related trademarks of others and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of the Restaurant.
To the fullest extent permitted by law, the Restaurant excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated delivery or pickup time; any circumstances over which the Restaurant had no control of the consequences and which the Restaurant could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Client or others. In any event, the Restaurant's liability to the Client shall not exceed the total price charged for the relevant products/and or services.
This terms and Conditions shall be governed by and construed in accordance with the laws of the country in which the Restaurant is headquartered and the Restaurant and any dispute arising out of or in connection with these shall be settled by the competent courts from the headquarter of the Restaurant, excluding the possibility of reference to conflict of laws.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including Spoonity’s Privacy Policy before you may become a Spoonity user.
ACCOUNT TERMS
You must be 18 years or older, or at least the age of majority in your legal jurisdiction where you use the Service.You are required to register with Spoonity in order to access and use certain features of the Service.
If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify Spoonity of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Spoonity will not be liable for any loss or damage arising from your failure to comply with this Section.
Spoonity will use your email address for all support related issues and reserves the right to contact at the email address used to register for your account.
A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Spoonity will result in an immediate termination of your services.
ACCOUNT ACTIVATION
Registration data and certain other information about you are governed by our Privacy Policy.If you are signing up for the Service on behalf of behalf of your employer, your employer shall be the owner of the account. You represent and warrant that you have the authority to bind your employer to our Terms of Service.
GENERAL CONDITIONS
These Terms of Use constitute the entire agreement between you and Spoonity and govern your use of the Service, superseding any prior agreements between you and Spoonity with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Use shall be governed by the laws of Ontario, Canada without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Spoonity agree to submit to the personal and exclusive jurisdiction of the provincial and federal courts located within Ontario, Canada. The failure of Spoonity to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.You agree that Spoonity, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use, payment or if Spoonity believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service and may be referred to appropriate law enforcement authorities. Spoonity may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Spoonity may immediately deactivate or delete your account and all of your related information. Further, you agree that Spoonity shall not be liable to you or any third-party for any termination of your access to the Service.
Technical support will only be provided to account holders who have accounts in good standing.
SPOONITY’S RIGHTS
We reserve the right to modify or terminate the Service for any reason, without notice at any time.We reserve the right to refuse service to anyone for any reason at any time.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Spoonity customer, Spoonity employee, member, or officer will result in immediate Account termination.
Spoonity does not pre-screen information uploaded to our service and at our sole discretion may refuse or remove any information from the Service. If it is determined to violate these Terms of Service, we reserve the right, but have no obligation to, remove the information or terminate the offending account.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Spoonity employees and contractors may also be Spoonity customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
LIMITATION OF LIABILITY
You expressly understand and agree that spoonity shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if spoonity has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. in no event shall Spoonity’ total liability to you for all damages, losses or causes of action exceed the amount you have paid spoonity in the last six (6) months, or, if greater, one hundred dollars ($100).Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
WAIVER AND COMPLETE AGREEMENT
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Spoonity expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.Spoonity makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
INTELLECTUAL PROPERTY AND CUSTOMER CONTENT
You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Spoonity, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own Merchant Content (as defined below) that you legally upload to the Service, if any. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying or related to the Service is the property of Spoonity, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Spoonity.The Spoonity and Spoonity name and logo are trademarks and service marks of Spoonity (collectively the “Spoonity Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Spoonity. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Spoonity Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Spoonity Trademarks will inure to our exclusive benefit.
If you provide Spoonity with any suggestions, comments or other feedback relating to any aspect of the Services (“Feedback”), Spoonity may use such Feedback in the Services or in any other Spoonity products or services (collectively, “Spoonity Offerings”). Accordingly, Customer agrees that: (a) Spoonity is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information owned by you or any third party and you have all of the necessary rights to disclose the Feedback to Spoonity, (c) Spoonity (including all of its successors and assigns and any successors and assigns of any of the Spoonity Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Spoonity Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Spoonity in respect of the Feedback.
Under no circumstances will Spoonity be liable in any way for any content posted by third parties or at the direction of 3rd parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Spoonity does not pre-screen content, but that Spoonity and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Merchant Content Posted on the Site or the Service: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients, whether as a Merchant or otherwise (collectively, “Merchant Content”), if any. You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any Merchant Content you hereby grant and will grant Spoonity and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your Merchant Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
MODIFICATION TO THE SERVICE AND PRICES
We reserve the right to modify or discontinue the Service at any time with out without notice. We reserve the right to change pricing with 30 days notice. We are not liable to you or any 3rd party for price changes, modifications to the Service, or discontinuing the Service.THIRD PARTY SERVICES
You may register for the Service using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your Spoonity experience. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Spoonity shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Spoonity is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Spoonity is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Spoonity enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.General terms and conditions of business for online ordering
These Terms and Conditions apply when ordering online from:
Plaza Mexico Mexican Restaurant
Public phone: +1 813-922-6437Menu currency: USD
(hereinafter referred to as the “Restaurant” or “We” or “Us”) These Terms and Conditions apply to you as a client for online ordering (hereinafter referred to as “you” or the“user” or the “client”)
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 apply (also) in case of online ordering through the application (hereinafter referred to as the “online ordering application” or the “application“; the applications is the online ordering application used by the Client to place its 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 licensor of the license agreement regarding the use of the application in order to order online. Without affecting the generality of the present Terms and Conditions and for the sake of clarity You must also respect the license agreement regarding the use of the application in order to order online.
The Restaurant shall make all the necessary diligences to ensure that the information in relation with the online ordering is accurate and reliable. However, this cannot be infallible and errors may sometimes occur. You should take appropriate steps to verify all information in relation with 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, including without limitation the availability of the online ordering application.
The Restaurant may from time to time revise the information in relation with 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 at your own risk and the maximum extent permitted according to the applicable law, in 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 this online ordering and/or any application and/or material on any site linked to this online ordering application (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, no liability can be accepted by Us in respect of any changes made to the content of the online ordering application and/or process by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
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 or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. 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 this ordering online application. You agree to hold harmless and relieve the Restaurant from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
Except otherwise expressly mentioned, all the information in relation with the online ordering application (including without limitation the images, buttons and text) are property and/or available with the permission of the licensor of the license agreement regarding the use of the application in order to order online and holds usage rights over them and, may not be copied, distributed, or reproduced or transmitted in any form or by any mean, electronic, mechanical, photocopying, recording or otherwise, without its prior written permission.
The content referring to specific products (e.g. food items), arrangement and texts layout of the online ordering application and/or process, the trademarks, and any other content, are proprietary and are protected according with the legal regulations in force and cannot be used in any way without the express written permission of the Restaurant. The Client does not obtain any license or right regarding the information in relation with the online ordering and/or application.
If you decide to order online using the online ordering application, you may be asked to provide full contact details and/or to create an account and you may need to accept cookies. You must keep your data confidential and must not disclose it to anyone. The Restaurant reserves the right to suspend the use of the online ordering application and/or process if you breach the Terms and Conditions.
You acknowledge and agree that all orders are treated as an express intention to purchase the nominated products and/or services for the agreed online prices and We treat this as an binding offer from you 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 entire discretion of the Restaurant. Our acceptance of an order may occur when you receive an on-screen message and/or email notification and/or an SMS, confirming your order.
The Restaurant reserves the right to refuse any service, terminate your access to the online ordering application and/or process, remove or edit any content or accept your order/s in its sole discretion and without prior notice to you.
The Restaurant's online ordering application must only be used by persons over the age of eighteen (18) years, or the minimum legal age as permitted by the law or otherwise under the supervision of an adult or guardian.
Any products and/or services provided through the online ordering application are done so on an "as is" and "if available" basis and the Restaurant expressly excludes any warranties, conditions, representations or other terms with respect to the online ordering or the content or products displayed on it, whether express or implied, unless expressly stated to the contrary.
The pictures of the products are for presentation only. The ordered products may have differences (e.g. color, form, etc.) towards the photos existing on the site. The Restaurant is not liable in any way if the description of products is not complete.
Delivery orders are also subject to: i)Your address falling in the defined delivery area of the Restaurant; ii)Availability of the restaurant being online for accepting online orders; iii) Your Order may be subject to a minimum amount per order; You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, the card is valid on the date of your order placement. The Restaurant may provide no refunds to the orders paid online. Contact Us directly to settle any payment dispute or refund claim.
You may be automatically directed to an online listing referring to Your nearby Restaurant service location. Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from location to location. In addition, if you order on-line, the price charged may be different to the price for the Products had they been ordered in-store or by telephone.
The online order once placed cannot be modified or cancelled either through the website or offline by calling the restaurant. Anyhow, if you wish to cancel or complain about your order, please call your local restaurant service location, details of which will be included in the confirmatory e-mail sent to you upon placing your order and We can see how we can help you.
We will aim to provide you with your ordered products as close as possible to your requested delivery/collection time but we cannot guarantee the delivery time in all the cases. Delivery time may be affected due to bad weather or traffic conditions. This is to ensure the safety of our riders. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances.
The Client agrees to accept delivery of the Products at the agreed time and place of delivery. If you have chosen for the Products to be delivered, the Restaurant will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.
Risk in the Products shall pass to the Client on delivery. Any software service/software is used and/or downloaded at your own risk. If you are in any doubt as to the suitability of the software service/software to be used and/or downloaded for your computer it is recommended that you obtain specialist advice before using and/or downloading it.
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).
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. In case 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 and to produce legal effects as if the void, illegal, invalid or inapplicable clause was not part of this agreement.
This Terms and Conditions do not affect your statutory rights.
The Restaurant trademarks, as well as the related trademarks of others and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of the Restaurant.
To the fullest extent permitted by law, the Restaurant excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated delivery or pickup time; any circumstances over which the Restaurant had no control of the consequences and which the Restaurant could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Client or others. In any event, the Restaurant's liability to the Client shall not exceed the total price charged for the relevant products/and or services.
This terms and Conditions shall be governed by and construed in accordance with the laws of the country in which the Restaurant is headquartered and the Restaurant and any dispute arising out of or in connection with these shall be settled by the competent courts from the headquarter of the Restaurant, excluding the possibility of reference to conflict of laws.