Pho Char Grill Customer Terms of Use

LAST UPDATED MARCH 15, 2022

Please read these terms of use carefully before using website operated by Pho Char Grill ("us", "we", "our", "Pho Char Grill").

Conditions of use

By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. We only grants use and access of this website, its products, and its services to those who have accepted its terms.

Using Website

We collect certain information from you when you place an order through the Site, including, but not limited to, your name, address, phone number, email address, or payment information. Additionally, if you login 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 the Site, you consent to us collecting your personal information and keeping it for as long as we deem necessary. You agree that the information you provide is true, accurate, and up-to-date, including all payment information.
We also partners with delivery service providers to deliver orders to you (when available and selected by you). We may share certain information you provide to us with the delivery service providers to complete the delivery of your order. The delivery service providers are independent contractors who are not employed by us. Each delivery service provider controls the means and method in which its workers deliver orders. Your use of delivery service providers may be subject to the company’s terms of use. Please review the applicable delivery service provider’s terms for more information. We are not responsible for the services, acts, omissions, or representations of the delivery service providers.

Payment

You pay for order(s) placed through the Site. When you place an order, you agree that we may immediately charge your credit card, Google Pay, Apple Pay, Venmo, PayPal, Bitcoin, or other financial account. You agree that all information you submit when you place 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 current or future use of the Site.
All payments are non-refundable and final, unless we determine, in our sole discretion, an error was made in your order due to no fault of your own. If we determine an error was made, we may issue a refund. If you have any questions regarding charges relating to your order, please contact us by telephone at 703-365-8100.
Your use of Google Pay, Apple Pay, Venmo, PayPal, and/or Bitcoin may be subject to the terms of use of each respective company. You should review them.

Your Obligations

By using our Site, you agree:

• You will not use the Site for any fraudulent purpose;
• You will not engage in criminal or tortious activity while using the Site;
• You will comply will all applicable laws while using the Site;
• You will not use the Site if you are under 13 years old;
• You will not use any automated means, data scraping, extraction, or other systematic data retrieval from the Site;
• You will not make any unauthorized use of the Site;
• You will not circumvent, disable, or otherwise interfere with the security of the Site;
• You will not deep-link or frame the Site;
• You will not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
• You will not use the Site to purchase alcohol if under the age of 21;
• You will not use the Site to compete with us;
• You will not harass, annoy, intimidate, or threaten any of our employees or agents in connection with using the Site or services provided;
• You will not make false or misleading statements about the Site or our services.

Communications with us

We and our delivery service providers may communicate with you regarding your use of the Site or delivery of orders. By using our Site, you consent to receiving communications from us, including phone calls, faxes, emails, SMS and MMS text messages, messages through electronic apps or platforms, and any other communications made by and on behalf of us that may relate to the Site, your order, delivery of your order (if applicable), or these Terms of Use.
You are also encouraged to contact us with any questions or feedback. Please do not send us any confidential information. If you contact us, you grant us a royalty-free, irrevocable, non-exclusive license to use any information you send us, whether feedback, questions, or other communication, for any purpose whatsoever, without contribution or compensation to you, that is not protected under intellectual property law or otherwise protected.

Reviews and Ratings

You may have the ability on the Site to leave reviews or ratings. Your reviews or ratings are subject to these Terms of Use. When posting a review, the following terms apply:

• You had first-hand experience with the restaurant being reviewed within 15 days of your review;
• You are not affiliated with competitors of the restaurant;
• Your post complies with these Terms of Use.

You consent to us using your review(s) or rating(s) in connections with the Site and its services without notification or approval from you, and without contribution or compensation to you. We may remove any rating or review without notice if we determine the review or rating is false or misleading. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

Extrnal Websites

The Site may contain links to third-party websites ("External Websites"). These are provided as a convenience and is not an endorsement by us. We do not investigate, monitor, or verify the accuracy of the External Websites. We are not responsible for and do not assume any liability for any content on the External Websites. You access the External Websites at your own risk and understand these Terms of Use do not govern your use of the External Websites.

Privacy policy

Before you continue using our website, we advise you to read our privacy policy [link to privacy policy] regarding our user data collection. It will help you better understand our practices.

Age restriction

You must be at least 13 (thirteen) years of age before you can use this website. By using this website, you warrant that you are at least 13 years of age and you may legally adhere to this Agreement. We assumes no responsibility for liabilities related to age misrepresentation.

User accounts

As a user of this website, you may be asked to register with us and provide private information.
You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

Termination

These Terms of Use shall remain in full force and effect while you use the Site. We reserve the right, in our sole discretion, to terminate your use of the Site for any reason, including violation of these Terms of Use, fraudulent, criminal, or illegal behavior, or for no reason at all. We reserve the right to terminate your use of the Site without prior notice or liability. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Applicable law

By visiting this website, you agree that the laws of the United States, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between us and you, or its business partners and associates.

Dispute Resolution

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court [location] and you consent to exclusive jurisdiction and venue of such courts.

• Binding Arbitration and Jury Waiver
  If a dispute arises between You and us relating to your use of the Site, you agree that all claims will be resolved through binding arbitration governed by the Federal Arbitration Act (“FAA”). By agreeing to arbitration, you do not have the right to litigate your claim(s) in court or to have a jury trial. Discovery and appeal rights may also be limited in arbitration. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in Overland Park, Kansas, unless otherwise agreed. A Kansas court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Notwithstanding the foregoing, each party retains the right to seek injunctive relief relating to intellectual property rights in a Kansas court of competent jurisdiction. If this provision is found to be illegal or unenforceable, then neither you or us will elect to arbitrate any claim. Instead, claims shall be decided by a Johnson County, Kansas court of competent jurisdiction, and you agree to submit to the personal jurisdiction of that court.
• Class Action Waiver
  You acknowledge and agree that any claim or dispute in any arbitration or proceeding shall be brought on an individual basis only, and not as a class action or collective action, and 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 and not an arbitrator.

Limitations of Liability

We 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 the site, including, but not limited to lost profits, loss of business, loss or inaccuracy of data of any kind, regardless of whether us was advised, had other reason to know, or in fact knew of the possibility thereof.
To the fullest extent permitted by law, the Restaurant excludes all liability arising out of its supply of the Products and in particular shall not be responsible for any loss or damage, arising directly or indirectly out of or in connection with delay beyond the estimated delivery or pickup time; any circumstances over which the Restaurant had no control of the consequences and which the Restaurant could not avoid by the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by the Client or others. In any event, the Restaurant’s liability to the Client shall not exceed the total price charged for the relevant products or services.
We will aim to provide you with your ordered products as close as possible to your requested delivery/collection time but we cannot guarantee the delivery time in all the cases. Delivery time may be affected due to bad weather or traffic conditions. This is to ensure the safety of our riders. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances.
The Client agrees to accept delivery of the Products at the agreed time and place of delivery. If you have chosen for the Products to be delivered, the Restaurant will deliver the order to the main entrance of the delivery address but any deliveries carried into the delivery address will only be made if the driver and you consent to this. If you are not present to take delivery of the goods at the address given in your order, then We will not refund you the price for your order and will charge you for the full amount of your order.

Indemnification

You agree to indemnify us and its affiliates and hold us harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

Miscellaneous

• Relationship.
  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.
• Governing Law.
  Except for the Arbitration Agreement, which is governed by the FAA, the Agreement will be governed by Kansas law, without regard to conflict of law principles.
• Entire Agreement.
  This Terms of Use and any policies posted on the Site constitute the entire agreement between us and you with respect to your use of the Site, and supersedes all previous or contemporaneous agreements, whether written or oral.
• Right to Update Terms and Agreement.
  You acknowledge and agree that we has the right to update and modify these Terms of Use at any time in its sole discretion by posting updated Terms the Site. You may not amend the Terms of Use unless such amendment is signed by an authorized representative of us.
• Severability.
  If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
• Force Majeure.
  We will not be liable for any loss, damage, failure, or delay in performance under these Terms of Use due to causes beyond our reasonable control.

Contact us

If you have any questions about this Privacy Policy, please contact us at Privacy@bobog.com or Phone:703-365-8100. Thank you.