TERMS & CONDITIONS
These Terms & Conditions govern your use of the online and mobile web site (the “Website” or, collectively, the “Websites”), and the tablet, smartphone and other applications and platforms, including but not limited to the Asia Bowl & Grill platform (https://asiabowl.com/), available through third party devices, (the “Application” or, collectively, the “Applications”), owned and/or operated by MJSA, Inc. and its affiliates and franchisees (hereinafter “Asia Bowl and Grill”). If you do not agree to these Terms and Conditions, you should not use the Websites or Applications. These Terms and Conditions are an ongoing contract between you and Asia Bowl & Grill and apply to your use of the Websites or Applications. These Terms and Conditions affect your rights and you should read them carefully.
CHANGES TO TERMS & CONDITIONS
IMPORTANT INFORMATION ABOUT THIS LEGAL CONTRACT
This Sale Agreement is a legal contract between the Customer and Asia Bowl & Grill. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to “you” or “your” shall relate to the Customer; references to “Asia Bowl & Grill” shall relate to Asia Bowl & Grill, and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and Asia Bowl & Grill relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Asia Bowl & Grill. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Asia Bowl & Grill at the address provided below. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Please note that if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Website and Asia Bowl & Grill online ordering, and your parent or legal guardian must read and agree to these Terms prior to your using the Website and Asia Bowl & Grill online ordering. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the Website or use of Asia Bowl & Grill online ordering.
You agree to pay all prices/fees/taxes incurred by using Asia Bowl & Grill online ordering. We do not assume any liability for the actions or products of any third party taking part in the production or delivery of your order. This includes any and all third party companies that may pick up and or deliver such food or beverage from Asia Bowl & Grill
If you choose cash as your method of payment, you are agreeing to pay the restaurant in the form of U.S. dollars at the time of delivery. By choosing the credit card option, you are agreeing that you are authorized to use the credit card being used in the purchase. You must include all information we request, and it must be valid and must enable us to obtain payment from you (e.g. valid credit card information). You may be asked to present the credit card and a valid identifcation card for proof of purchase. If Asia Bowl & Grill does not receive payment from your credit card company, you agree to pay the amount due when Asia Bowl & Grill requests it. The charges listed on the website may be different than the final purchase charges.
Return and Delivery Policy:
If an order is not correct, please contact the restaurant immediately to let Asia Bowl & Grill know of the mistake. If you are unsatisfied with your order, please notify the restaurant immediately within receiving the order. Please include all information, including order number and address information. All sales are final unless we determine the problem is an actionable one. If this occurs, Asia Bowl & Grill may issue store credit towards a future purchase from us. No cash refunds will be issued. If Asia Bowl & Grill receives notice of a problem more than 12 hours after the order is placed, the problem will not be actionable. Asia Bowl & Grill may provide assistance in the correction of the issue.
Use of the Sites to order requires that you register and/or create an account (“Account”). To register and create an Account, you must create a username and password and provide certain personal information. In consideration of the use of the Sites’ services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Asia Bowl & Grill has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Asia Bowl & Grill has the right to block your current or future use of the Sites (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Asia Bowl & Grill of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Asia Bowl & Grill will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
ORDERING AND PAYMENT
When you place an order through the Asia Bowl & Grill online ordering, you will be given a choice of payment options, which may include via Apple Pay, Credit Card, PayPal®, Android Pay, and direct payment to Asia Bowl & Grill. If you pay for your purchase via Apple Pay, Credit Card, PayPal, or Android Pay, we will ask for a valid Apple Pay account, Credit Card, PayPal account, or Android Pay account, as applicable, which will be billed through Asia Bowl & Grill, for the purchase price of the applicable order, and “Asia Bowl & Grill” will be the name that appears on the Apple Pay, Credit Card, PayPal, or Android Pay statement, as applicable. As stated above, however, Asia Bowl & Grill, including the Website and the Asia Bowl & Grill online ordering, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered.
PRIVACY AND PERSONAL INFORMATION
INTELLECTUAL PROPERTY RIGHTS
The content on the Websites and Applications, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Asia Bowl & Grill, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites and Applications is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Asia Bowl & Grill reserves all rights not expressly granted in and to the Websites, Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites or Applications for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites and Applications or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites and Applications or the Content therein.
OUR CREDIT POLICY
Unless prohibited by law, in the event of any error in your order or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 60 days of your order date. If you do not raise the issue within 60 days of your order date, you waive the ability to receive a credit for any error.
- The Websites or Applications may now or in the future permit the submission of photos, audio files, videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Asia Bowl & Grill does not guarantee any confidentiality with respect to any submissions. You agree that Asia Bowl & Grill may publish your name and User Submission on the Websites, Applications or in other press releases or media items.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Asia Bowl & Grill to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites, Applications and these Terms and Condtions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Websites, Applications and these Terms and Condtions. User agrees that any BFD name registrations become the property of MJSA INC. and Asia Bowl & Grill may use such submissions in any manner in the sole discretion of Asia Bowl & Grill. For clarification, you retain all of your ownership rights in your other User Submissions. However, by submitting the User Submissions to Asia Bowl & Grill, you hereby grant Asia Bowl & Grill a perpetual worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Websites, Applications and the Asia Bowl & Grill’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Websites or Applications (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the Website or Applications, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites, Applications and under these Terms and Condtions.
- In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Asia Bowl & Grill’s all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Asia Bowl & Grill’s or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Asia Bowl & Grill’s does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Asia Bowl & Grill expressly disclaims any and all liability in connection with User Submissions. Asia Bowl & Grill does not permit copyright infringing activities and infringement of intellectual property rights on its Websites or Applications, and Asia Bowl & Grill will block and remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Asia Bowl & Grill reserves the right to remove Content and User Submissions without prior notice. Asia Bowl & Grill will also terminate a User’s access to its Websites or Applications, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the Websites or Applications. Asia Bowl & Grill also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms and Condtions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Asia Bowl & Grill may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms and Condtions at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
- In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- You understand that when using the Websites and Applications, you may be exposed to User Submissions from a variety of sources, and that Asia Bowl & Grill is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ASIA BOWL & GRILL with respect thereto, and agree to indemnify and hold Asia Bowl & Grill, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
YOU AGREE THAT YOUR USE OF THE ASIA BOWL & GRILL’S WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ASIA BOWL & GRILL’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ASIA BOWL & GRILL’S MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ASIA BOWL & GRILL’S WEBSITE. ASIA BOWL & GRILL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ASIA BOWL & GRILL’S WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASIA BOWL & GRILL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.YOU AGREE THAT YOUR USE OF THE WEBSITES AND APPLICATIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ASIA BOWL & GRILL’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES, APPLICATIONS AND YOUR USE THEREOF. ASIA BOWL & GRILL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ AND APPLICATIONS’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES OR APPLICATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES AND APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES AND APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES AND APPLICATIONS. ASIA BOWL & GRILL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR APPLICATIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASIA BOWL & GRILL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ASIA BOWL & GRILL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES OR APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES OR APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ASIA BOWL & GRILL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Websites and Applications are controlled and offered by Asia Bowl & Grill from its facilities in the United States of America. Asia Bowl & Grill makes no representations that the Websites and Applications are appropriate or available for use in other locations. Those who access or use the Websites and Applications from other jurisdictions do so at their own volition and are responsible for compliance with local law.
ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Websites and Applications are not intended for children under 13. If you are under 13 years of age, then please do not use the Websites or Applications – there are lots of other great web sites and applications for you. Talk to your parents about what sites and applications are appropriate for you.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Asia Bowl & Grill without restriction.
ASIA BOWL & GRILL INTELLECTUAL PROPERTY
This Websites and Applications contain many valuable trademarks owned and used by MJSA INC, and its subsidiaries and affiliates throughout the world. These trademarks are used to distinguish Asia Bowl & Grill’s quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the express written permission of MJSA INC.
The text, graphics and html code contained in the Websites and Applications are the exclusive property of MJSA INC. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior written permission of MJSA INC.
The Websites and Applications may link to sites not maintained by or related to Asia Bowl & Grill. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with the Websites, Applications or Asia Bowl & Grill. Asia Bowl & Grill has not reviewed the sites hyper-linked to or from the Websites and Applications and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Asia Bowl & Grill makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the Websites or Applications. Furthermore, Asia Bowl & Grill does not implicitly endorse third-party sites hyper-linked to the Websites or Applications.