This Terms and Conditions Agreement sets forth the standards of the use of the La Favorita website (“lafavoritagourmet.com”). By using the lafavoritagourmet.com website, you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.lafavoritagourmet.com, La Favorita’s website. Your continued use of the website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement many not be amended.
Each User must provide the following information to register with us or to place an Order:
· Email Address
· Phone Number
Each User must provide United States credit or debit card information when they choose to pay by credit card for the order online.
Each User shall be given an alias (“Username” or “Email Address”) and password (“Password”) to access your account (“Account”). Unless and until you tell us otherwise, we will assume that any person using your Account is authorized to do so on your behalf.
Each User must be 18 years of age or older.
We may, in our sole discretion, verify the information you provide to us. We may, in our sole discretion, restrict use of the Website until we verify your information.
TERMS OF PURCHASE
You agree to pay all fees and charges incurred in connection with your purchases including any applicable taxes. The final charges for your order may be different than those stated on the website. La Favorita does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of your order. We may require additional verification or information before accepting any order.
You may cancel any Lunch Order at any time until one (1) hour before the scheduled time for the delivery of the Lunch Order by calling La Favorita at 516-599-1575. You may cancel any Catering Order at any time until forty-eight (48) hours before the scheduled time for the delivery of the Catering Order by calling La Favorita at 516-599-1575. Upon cancellation, La Favorita will refund the total price of the Lunch or Catering Order to the User, to the credit or debit card used to place the Lunch or Catering Order.
USE OF SITE
By accessing this Web site you are agreeing to all of the terms, conditions, and statements included in this legal statement. The entirety of this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by La Favorita. La Favorita site may not be linked to any other site without prior consent of La Favorita. La Favorita reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if La Favorita believes that customer conduct violates applicable law, disrupts our normal business activities or is harmful to the interests of La Favorita.
You hereby represent, warrant and covenant to us, that you shall: (1.) Provide true, accurate, current and complete information. (2.) Maintain and promptly amend all information to keep it true, accurate, current and complete.
THE WEBSITE, THE GOODS AND THE SERVICES, INCLUDING ALL ORDERS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. La Favorita, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. La Favorita, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY (1.) THAT THE SERVICES, THE ORDERS, THE GOODS OR THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2.) THAT THE SERVICES, THE ORDERS, THE GOODS OR THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3.) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUCH SERVICES, ORDERS OR THE WEBSITE WILL BE ACCURATE OR RELIABLE; (4.) THAT THE QUALITY OF ANY ORDERS, OR ANY GOODS, SERVICES, INFORMATION OR OTHER ITEMS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE, OR THROUGH ANY ADVERTISERS OR PARTNERS, INCLUDING ANY FOOD, WILL MEET YOUR EXPECTATIONS; (5.) THAT THE PRICES DISPLAYED ON THE WEBSITE AND DISCOUNTS PROVIDED THROUGH THE WEBSITE WILL BE HONORED, OR (6.) REGARDING ANY CUSTOMERS. ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE GOODS OR THE WEBSITE IS ACCESSED BY YOU AT YOUR SOLE OWN DISCRETION AND RISK, AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER OUTCOME THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ORDERS, DATA, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED OR RECEIVED BY YOU FROM La Favorita, THE WEBSITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Product specifications and other information have been provided by La Favorita. While La Favorita makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
La Favorita makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
LIMITATION OF LIABILITY
La Favorita SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR La Favorita SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF La Favorita HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
This Web site, in its entirety, is the sole property of La Favorita or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of La Favorita and is protected by U.S. and international copyright laws. All software used on this site is the property of La Favorita or its affiliates and is protected by U.S. and international copyright laws. The content and software on this Web site may be used as a personal shopping, and e-commerce resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Web site is strictly prohibited. The application of this Web site, into any other Web site, is strictly prohibited unless pre-approved by La Favorita. By registering with or providing Content to the Website, you grant to us a non-exclusive, royalty-free, transferable, irrevocable and perpetual right to use and reproduce the information, data and content that you provide to us from time to time, such as dining feedback or reviews of La Favorita, other text, photographs, or graphics (collectively, “Content”) for use on the Website. We reserve the right, in our sole discretion, to refrain from displaying any Content on the Website. We may delete or dispose of any Content at any time for any reason or for no reason.
Lafavoritagourmet.com and the La Favorita Logo are registered trademarks of La Favorita in the United States and other countries. La Favorita trademarks may not be used in connection with any product or service that is not La Favorita, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits La Favorita.
User agrees to indemnify and hold La Favorita, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.