Krazy Cajun Seafood & Hibachi Customer Terms of Use
Address: 24 W Camelback Rd, Phoenix, AZ 85013
IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
PLEASE READ THESE Krazy Cajun Seafood & Hibachi CUSTOMER TERMS OF USE CAREFULLY.
These Customer Terms of Use together with any documents referenced below (like our Privacy Policy) are, collectively, the “Agreement.” This Agreement is a legally binding contract between Krazy Cajun Seafood & Hibachi (“we,” “our,” or “us”), located at 24 W Camelback Rd, Phoenix, AZ 85013, and you, the person accessing and using Services (referred to throughout the Agreement as “Customer,” “you”, “your”, “yours” or “yourself”) with respect to your use of our website, platform, application, and services (collectively, the “Services”). By using the Services, you acknowledge that you have read and understood the Agreement and agree to be bound by its terms. If you do not agree to be bound by the terms of the Agreement, please do not use the Services.
Our Services is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using our Services, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into the Agreement and abide by all of the terms and conditions thereof. If you are not at least eighteen (18) years old, you are prohibited from accessing and using our Services.
You acknowledge and agree that Krazy Cajun Seafood & Hibachi has the right to update and modify this Agreement at any time in its sole discretion by posting updated terms at this location. You may not amend this Agreement unless such amendment is signed by an authorized representative of Krazy Cajun Seafood & Hibachi. Your continued access or use of our Services after such posting confirms your consent to be bound by these terms, as amended. If you don’t agree to such updates or changes, your sole recourse is to immediately discontinue use of our Services.
1. OUR SERVICES
Krazy Cajun Seafood & Hibachi provides Services that allow you to order meals and beverages directly from our cafe and enable our team to manage orders through contactless solutions. We facilitate your order placement and fulfillment, and our cafe is solely responsible for preparing your orders, ensuring food safety, and complying with all laws and regulations relating to food services and cafe operations. Our cafe’s operation of the Services adheres to federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation, safety and menu disclosure. If you have any food allergen concerns or questions about your order, you are advised to contact our cafe directly. By using the Services, you agree that Krazy Cajun Seafood & Hibachi shall not be held liable for any third-party fulfillment errors (where applicable) and that we verify our own compliance with applicable food service laws in the regular course of business.
Please note that our Services integrate with Google Maps and the Google Maps API. By using our Services, you also agree to be bound by the Google Maps APIs Terms of Service found here: https://developers.google.com/maps/terms-20180207#3-privacy-and-personal-information.
2. YOUR ACCOUNT
Use of the Services to place orders 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. You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is used for our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity, a name that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of this Agreement.
We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with this provision or for any acts or omissions by you or someone else using your Account and/or password. In addition, if you log in through your social media account(s), you understand that content that you have provided to and stored in your social media account may become available to us and consent to us having this information. By placing an order through our Services, you consent to us collecting your personal information and retaining it for as long as we deem necessary to fulfill our service obligations.
3. CONSENT TO COMMUNICATIONS
We may communicate with you regarding your use of our Services or the delivery of your orders. By using our Services, you consent to receiving communications from Krazy Cajun Seafood & Hibachi, including phone calls, faxes, emails, SMS and MMS text messages, messages through electronic apps or Services, and any other communications made by and on behalf of Krazy Cajun Seafood & Hibachi that may relate to our Services, your order, delivery of your order (if applicable), or this Agreement.
4. PROMOTION
We may provide promotions and advertisements for our menu items and orders (collectively, “Promotions”). The provisions, terms and conditions of all Promotions are at our sole discretion. All rights with respect to the pricing, determination, application, adjustment, and modification of Promotions are reserved by and rest with Krazy Cajun Seafood & Hibachi.
5. PAYMENT
You are responsible for paying for all order(s) placed through our Services. When you place an order, you agree that we may immediately charge your credit card, bank account or other designated financial account for the total amount of the order, including any applicable taxes, fees and tips. You agree that all payment and personal information you submit when placing an order will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, terminate, or refuse your current or future use of our Services.
Please be advised that your use of Google Pay through our Services is subject to the terms and conditions, including the privacy policies, of Google. By using Google Pay, you hereby accept the Google Pay API Terms of Service found here: https://payments.developers.google.com/terms/sellertos.
6. USE OF AUTHORIZED THIRD-PARTY SERVICES
We may use authorized third-party services for the purpose of facilitating payment processing and the completion of order delivery (if applicable). By submitting your information through our Services, you grant us the right to provide the necessary information to these third parties in accordance with our Privacy Policy. These third-party service providers are independent contractors who are not employed by Krazy Cajun Seafood & Hibachi, and your use of their services may be subject to their separate and independent terms and conditions. We are not responsible for the services, acts, omissions, or representations of these third-party service providers.
7. INTELLECTUAL PROPERTY
The Services and its original content, features and functionality are and will remain the exclusive property of Krazy Cajun Seafood & Hibachi and its licensors. The Services is protected by copyright, trademark, and other intellectual property laws of the United States and foreign countries. Nothing in this Agreement grants you any right, title, or interest in or to any intellectual property rights in or relating to the Services, our content, or third-party materials, whether expressly, by implication, estoppel, or otherwise.
You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from our Services in any form or by any means whatsoever or use our trademarks, trade dress, or any other intellectual property in connection with any product or service without our prior written permission.
8. YOUR OBLIGATIONS
By using our Services, you agree to the following obligations:
(i) Comply with all applicable federal, state and local laws while using our Services;
(ii) Not use our Services for any fraudulent or unlawful purpose;
(iii) Not engage in criminal or tortious activity while using our Services;
(iv) Not access the Services using a third-party’s account/registration without the express consent of the account holder;
(v) Not attempt, through any means, to gain unauthorized access to any part of the Services and/or any service, other account, computer system and/or network connected to our servers;
(vi) Not use any automated means, data scraping, extraction, or other systematic data retrieval tools on our Services;
(vii) Not make any unauthorized use of our Services;
(viii) Not circumvent, disable, or otherwise interfere with the security features of our Services;
(ix) Not deep-link or frame our Services on any other website or platform;
(x) Not conduct any kind of systematic retrieval of data or other content from the Services, or create or compile, directly or indirectly, any collection, compilation, database or directory from the Service content;
(xi) Not interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to our Services;
(xii) Not use our Services to purchase alcohol if you are under the age of 21 (where alcohol is offered);
(xiii) Not use our Services to compete with Krazy Cajun Seafood & Hibachi;
(xiv) Not harass, annoy, intimidate, or threaten any of our employees or agents in connection with using our Services or the services we provide;
(xv) Not make false or misleading statements about our Services, menu items or cafe;
(xvi) Not upload or transmit viruses or other harmful, disruptive or destructive files to or through our Services.
9. THIRD-PARTY WEBSITES
Our Services may contain links to third-party websites or services that are not owned or controlled by Krazy Cajun Seafood & Hibachi (“Third-party Websites”). We do not investigate, monitor, or verify the accuracy, content or legality of Third-party Websites. We have no control over and assume no responsibility for the content, privacy policies, or business practices of any Third-party Websites. You are advised to read the terms of service and privacy policies of any Third-party Websites that you visit.
YOU ACKNOWLEDGE AND AGREE THAT KRAZY CAJUN SEAFOOD & HIBACHI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.
10. TEMPORARY INTERRUPTIONS
You understand and agree that temporary interruptions of our Service may occur as normal events that are out of our reasonable control, including technical maintenance, server updates, or third-party service outages. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with our Service, and we shall not be liable for any interruptions caused by such third-party providers.
11. PCI DSS COMPLIANCE
Krazy Cajun Seafood & Hibachi is compliant and shall remain compliant with the Payment Card Industry (“PCI”) Data Security Standards (“DSS”) in effect from time to time to the extent we possess or otherwise store, process, or transmit your payment instrument data or other data subject to PCI obligations. We shall implement and maintain appropriate security measures designed to meet the objectives of PCI DSS.
We reserve the right to temporarily suspend access to the Services in order to minimize security threats and protect the operational stability and security of the Services. Krazy Cajun Seafood & Hibachi does not guarantee the absolute security of the Services and will not be responsible for any infiltration of its security systems so long as Krazy Cajun Seafood & Hibachi has used commercially reasonable efforts to prevent such infiltration.
12. PRIVACY POLICY
Please review our Privacy Policy located at: [INSERT KRAZY CAJUN SEAFOOD & HIBACHI PRIVACY POLICY LINK HERE]. By using our Services, you agree to be bound by our Privacy Policy, which is incorporated into and forms a part of this Agreement.
13. TERM AND TERMINATION
This Agreement shall remain in full force and effect for as long as you use our Services. We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach or violation of any provision of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
14. GOVERNING LAW AND JURISDICTION
All disputes involving the subject matter of this Agreement, except actions arising under the patent and copyright provisions of the U.S. Code, shall be determined under the laws of the State of Oregon without regard to its conflict of laws provisions and instituted exclusively in the state courts of Oregon or the federal courts of the United States for the District of Oregon, in each case located in Multnomah County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. CLASS ACTION WAIVER
YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR DISPUTE IN ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE OR CLAIM TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. REGARDLESS OF ANYTHING HEREIN, THE INTERPRETATION, APPLICABILITY OR ENFORCEABILITY OF THE CLASS ACTION WAIVER MAY ONLY BE DETERMINED BY A COURT OF COMPETENT JURISDICTION.
16. DISCLAIMER OF WARRANTIES
THESE SERVICES ARE PROVIDED BY KRAZY CAJUN SEAFOOD & HIBACHI ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER KRAZY CAJUN SEAFOOD & HIBACHI NOR ANY PERSON ASSOCIATED WITH KRAZY CAJUN SEAFOOD & HIBACHI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER KRAZY CAJUN SEAFOOD & HIBACHI NOR ANYONE ASSOCIATED WITH KRAZY CAJUN SEAFOOD & HIBACHI REPRESENTS OR WARRANTS THAT THE SERVICE, THE CONTENT, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
KRAZY CAJUN SEAFOOD & HIBACHI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE OREGON OR FEDERAL LAW.
17. LIMITATIONS OF LIABILITY
KRAZY CAJUN SEAFOOD & HIBACHI WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, LOSS OR INACCURACY OF DATA OF ANY KIND, REGARDLESS OF WHETHER KRAZY CAJUN SEAFOOD & HIBACHI WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM, OR $1,000. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
18. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Krazy Cajun Seafood & Hibachi and our officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of our Services, your breach of this Agreement, or your breach of any obligations under this Agreement.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. MISCELLANEOUS
Relationship
No joint venture, partnership, employment or agency relationship is created between you and Krazy Cajun Seafood & Hibachi as a result of this Agreement or your use of our Services.
Entire Agreement
This Agreement and any policies posted on our Services constitute the entire agreement between Krazy Cajun Seafood & Hibachi and you with respect to your use of our Services, and supersedes all previous or contemporaneous oral or written agreements, understandings, and representations relating to the subject matter hereof.
Severability
If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown or power outage.
Survival
All provisions of this Agreement which by their nature should survive termination shall survive any termination or expiration of this Agreement, including, without limitation, provisions related to intellectual property, warranty disclaimers, class action waiver, indemnity, limitations of liability, and limitation on time to file claims.
Assignment
You may not assign or transfer this Agreement or any of your rights or obligations hereunder without the prior written approval of Krazy Cajun Seafood & Hibachi. Krazy Cajun Seafood & Hibachi may assign or transfer this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Krazy Cajun Seafood & Hibachi’s equity, business or assets; or (iii) a successor by merger or consolidation. Any purported assignment or transfer in violation of this section shall be void.