Terms and Conditions

Dave’s Hot Chicken

“Frequent Fryer Program”

Additional Terms and Conditions

 
Effective: April 17, 2023
In certain locations, Dave’s Hot Chicken makes available its Dave’s Hot Chicken Frequent Fryer Program (“Frequent Fryer Program” or the “Program”). If you are within those areas, the program may be available to you. We currently only offer the program to customers and at restaurants within the United States of America.
These Dave’s Hot Chicken Frequent Fryer Program Terms and Conditions (the “Program Terms”) apply only if you opt-in to join the Dave’s Hot Chicken Frequent Fryer Program and then participate in the Program. The Program Terms are intended to supplement (not change) the Terms and Conditions for Dave’s Online Services (USA) (the “Online Services Terms”). When the word “terms” is used without any reference to the “Program Terms” or the “Online Services Terms,” it is meant to encompass both sets of terms. All definitions used in the Online Services Terms apply to these Program Terms.
You understand and acknowledge that you have already agreed to the Online Services Terms when you registered and logged into your online services account. Although the Program Terms are intended to supplement and not to change the Online Services Terms, in the event of a conflict between the Program Terms and Online Services Terms that relate to the program itself, the Program Terms will control. In the event of any other conflict between the Program Terms and the Online Services Terms, the Online Services Terms will control.
Important: You understand and acknowledge that the terms contain an arbitration agreement, jury and class action waivers, and limitations on Dave’s Hot Chicken’s liability and other provisions that affect your legal rights regarding the online services, including the program as part of the online services. Please carefully read and understand these terms.
Eligibility and Enrollment. Dave’s Hot Chicken Frequent Fryer Program is only open to you if you meet the age requirements for the online services. Participation in the Frequent Fryer Program is open to legal residents of the fifty (50) United States and the District of Columbia, who are age sixteen (16) years of age or older. The Program is not targeted towards and is not intended for use by anyone under the age of 16. If you are between the age of 16 and 18, you may only accrue Points and redeem them under the supervision of your parent or legal guardian, who agrees to be bound by these Program Terms. To join Dave’s Hot Chicken Frequent Fryer Program, you must register an Online Services Account.
How to earn Frequent Fryer Points (“Points”). Once enrolled in the Program, when you identify your online services account at the time of purchase, you will earn 10 Frequent Fryer Points (“Points”) for every $1 U.S. dollar spent on qualifying purchases. You can identify your online services account at the time of purchase in any manner that we recognize.: For example: (a) making a purchase using the Mobile Order & Pay feature of the mobile app, (b) scanning a QR code at a register or kiosk, (c) giving the phone number or code displayed in your account to the restaurant crew person who is taking your order, or (d) scanning in the barcode on the receipt within 48 hours of a qualifying purchase. Methods of identification are not transferable. We reserve the right to add to, remove, or otherwise change these acceptable methods of identification at any time and without prior notice to you. Additionally, for the avoidance of doubt, you may only earn Points on up to three (3) transactions each day, regardless of the number of Scans or when a receipt is Scanned. Upon earning Points, please allow up to forty-eight (48) hours for them to be deposited into your Loyalty account. DHC will not be liable for any failure to credit Points in a timely manner.
Qualifying purchases. A “qualifying purchase” means the purchase of eligible products from a participating restaurant in a manner that properly identifies you as described above. Qualifying purchases where an active reward, mobile offer, or promotional offer is redeemed will accrue points, but you will only accrue points for U.S. dollars actually spent in the transaction. Further, the following are not considered qualifying purchases and will not accrue points: a) alcohol beverages (b) taxes, bag and bottle fees, and other surcharges or fees, and (c) loading any money on a Dave’s Hot Chicken card (gift card), but when a Dave’s Hot Chicken Gift card is used to make a qualifying purchase, you will accrue points.
Verifying your Frequent Fryer Points balance. You can check your points balance in your online services account using the Dave’s Hot Chicken APP. Points that you earn may not always immediately post to your account. You are responsible to ensure points from your qualifying purchases are correct. If you believe points from your qualifying purchase were incorrectly calculated, you must notify Dave’s Hot Chicken within thirty (30) days of the qualifying purchase by providing your receipt to Dave’s Hot Chicken Customer Service (Dave’s Hot Chicken Franchise Co. 600 Playhouse Alley Unit 504 Pasadena, CA 91101, Email: info@daveshotchicken.com ). Dave’s Hot Chicken has the sole discretion to determine points in your account and Dave’s Hot Chicken has no liability for any delay or failure to correctly credit points to your account.
Exchanging your Frequent Fryer Points for rewards that you choose. You can exchange your points for rewards for free products, merchandise, or experiences, at the discretion of Dave’s Hot Chicken, on the Rewards Menu (each a “reward”), which you can then use at participating restaurants. You must use the Dave’s Hot Chicken APP in order to exchange your points for rewards. If you have enough points for a reward, the reward will be unlocked in the online services and appear available for a points exchange. Potential rewards for which you don’t have enough points may be displayed but will appear locked. Once you select a reward and exchange your points for it, the number of points for that reward will be temporarily deducted from your account and the reward will be displayed in your account. The reward will temporarily remain in your account until you redeem it until expired. When you redeem the reward for which you exchanged points, the points will be permanently deducted from your account and will not be refunded to your account for any reason, even if your order is canceled. You cannot exchange points for more than one reward at a time.
Other ways to earn and redeem. From time to time, Dave’s Hot Chicken may offer new and different ways for you to earn and redeem points, including bonus campaigns or points accelerators. Dave’s Hot Chicken has the sole discretion to offer, change and terminate the different ways to earn and redeem points, including, for example, the points associated with bonus campaigns and accelerators. Sometimes earning and redeeming points may be subject to additional terms (“additional terms”) disclosed at the time of such offer.
Rewards Menu. Dave’s Hot Chicken publishes eligible rewards in the online services and identifies how many points are required for each reward. The Rewards Menu may have multiple reward levels and multiple rewards on each level, which can change from time to time. Dave’s Hot Chicken makes no promise of the continued availability of any reward, even if it is displayed to you in the online services. Rewards are available until supplies last at participating restaurants and may be modified, changed, or discontinued at any time.
Frequent Fryer Point expiration. Frequent Fryer Points expire on the first (1st) day of the month after the twelfth (12th) month from the date such points were earned. Points will be maintained in your online services account until you exchange your points for a reward, or until they expire, whichever occurs first. If Dave’s Hot Chicken terminates the program, any unused points in your account will expire and be void when the program is terminated. Upon termination of your online services account for any reason (including, but not limited to, whether you choose to close your account or Dave’s Hot Chicken terminates your account for a violation of these terms), all points that you have accumulated in Dave’s Hot Chicken Frequent Fryer Program immediately expire. By opting out of Dave’s Hot Chicken Frequent Fryer Program, all points and rewards you have earned until now will no longer be available.
Your compliance with the terms. Dave’s Hot Chicken has the discretion to invalidate or void points from your online services account, or to suspend or terminate your account (both now and in the future), if Dave’s Hot Chicken believes you improperly obtained points, abused the program or otherwise violated these terms. In that event, you forfeit any points you have accumulated (including properly obtained points) and you forfeit your right to earn points in the future. Dave Hot Chicken has the sole discretion to determine your compliance with these terms. Dave’s Hot Chicken’s determination is final.
No rights in points. Points are not property and you have no vested right or interest in points. Points have no cash value. Points are not assignable or transferable between online services accounts or otherwise, and points cannot be combined across accounts, regardless of who registered the account.
Changes to Dave’s Hot Chicken Frequent Fryer Program. Dave’s Hot Chicken Frequent Fryer Program can change from time to time, so be sure to continue to refer to these terms for the latest details and news. We are also constantly improving the program and we may have exciting new offers.
Dave’s Hot Chicken reserves the right, in its sole discretion, to cancel, change, modify, or discontinue Dave’s Hot Chicken Frequent Fryer Program, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, points accruing or accumulation ratio, the points redemption policy, the points expiration policy, or any other aspect of the program at any time, with or without advance notice, even though changes may affect points and rewards already in your account.
Dave’s Hot Chicken may make changes to any element of the program to correct for typographical, printing, or other errors and you waive any rights relating to the same. Any changes will become effective immediately upon posting the revisions. At all times, you are solely responsible for remaining knowledgeable about and in compliance with these terms.
These Program Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Program Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced.
 

Online Services

Availability of products and services.
Dave’s Hot Chicken products and services are available in many parts of the world. However, online services may describe products and services that are not available worldwide.
Obey the rules of the road. Whenever you use online services, you must obey the rules of the road and all applicable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park”. In the interest of safety at all times, you should only use online services when it is lawful and safe to do so.
 
You are responsible for your devices and accounts.
You are responsible for any devices, software, and services needed to use the online services. Dave’s Hot Chicken does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees, and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and use only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times. Dave’s Hot Chicken has the right to update or terminate the online services. You understand and consent that (with or without notice) Dave’s Hot Chicken may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Dave’s Hot Chicken mobile app that you have installed on your device.
Updates to these terms. Dave’s Hot Chicken may also update these terms at any time and at its sole discretion. If Dave’s Hot Chicken makes material changes to the terms, we will notify you by any reasonable means such as, for example, by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Dave’s Hot Chicken close any online services account that you have created. To close your account, you can visit ‘your profile’ and click ‘delete account’.
Independent businesses own and operate many restaurants. While Dave’s Hot Chicken operates and controls the online services, it is not responsible for the operation of most restaurants. Each restaurant is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you, and for any employment-related matters in the restaurant.
 

Delete your account.

You may request to have your account deleted from our Frequent Fryer System by emailing info@daveshotchicken.com.   Data deletion requests may take up to 30 days to complete.
 

Terms and Conditions of Dave's Hot Chicken

These Terms govern
  • the use of this Application, and,
  • any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.
This Application is provided by:
Dave’s Hot Chicken Franchise Co.
600 Playhouse Alley Unit 504
Pasadena, CA 91101
Owner contact email: info@daveshotchicken.com

What the User should know at a glance

  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
  • The right of withdrawal only applies to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
  • There are no restrictions for Users in terms of being Consumers or Business Users;

Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:
  • By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
  • Users must choose the desired Product and verify their purchase selection.
  • After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

Order submission

When the User submits an order, the following applies:
  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
  • either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Delivery

Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this Application.
Delivery times are specified on this Application or during the purchasing process.

Failed delivery

The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.
If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
  • Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the goods.
  • Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party – other than the carrier and designated by the User – acquires physical possession of the last good, lot or piece.

Effects of withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User.

Guarantees

Legal guarantee of conformity for goods under EU law

Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the purchaser.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on this Application in accordance with the laws of the country of their habitual residence.
National laws of such country may grant such Users broader rights.
Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

Liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events( infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for a higher applicable consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link .

Definitions and legal references

This Application (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Example withdrawal form

Addressed to:
Dave’s Hot Chicken Franchise Co. 600 Playhouse Alley Unit 504 Pasadena, CA 91101
info@daveshotchicken.com
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
  • Ordered on: _____________________________________________ (insert the date)
  • Received on: _____________________________________________ (insert the date)
  • Name of consumer(s):_____________________________________________
  • Address of consumer(s):_____________________________________________
  • Date: _____________________________________________
(sign if this form is notified on paper)

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.

Product

A good or service available for purchase through this Application, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.

Service

The service provided by this Application as described in these Terms and on this Application.

Terms

All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using this Application.

Consumer

Consumer is any User qualifying as such under applicable law.
Latest update: June 14, 2023
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