Terms Of Service

Terms of Service

These Terms of Service (the “Terms”) govern your use of any website, mobile or tablet application, including any online service or platform (collectively, the “Services”) of Chefette Restaurants Limited, or any of its companies or brands, including without limitation the CHEFETTE and the BARBECUE BARN (collectively, “CRL”, “we”, “us”), that provides an authorized link to the Services regardless of the restaurant you ultimately visit, as well as our interactions with you on third party platforms.

 

1. Binding Agreement

 

The Terms are a binding legal contract between you and CRL. Please read the Terms carefully before using the Services. Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.

 

We may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms. You must be 13 years or older to use the Services.

 

2. Privacy

 

By using the Services, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.
 

3. Registration and Security

 

You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. CRL has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify CRL of any unauthorized use of your password or username or any other breach of security.

 

4. Prohibited Content and Activities

 

You may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law including but not limited to the Computer Misuse Act of the Laws of Barbados. For example, you may not:

 

• Impersonate any person or entity, or misrepresent your credentials or any information you provide;
• Engage in unauthorized spidering, scraping, or harvesting of content, or use any other unauthorized means to compile information;
• Harvest or otherwise collect or store any information (including personal information) about other users, including e-mail addresses, without the express consent of such users;
• Solicit, collect, transmit, store, or otherwise make available private information or personal information of any third party;
• Use the Services to send commercial electronic messages or install a computer program on another person’s computer system;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services;
• Use any device, software, or program to interfere with the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
• Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is a part of the Services, or use any tools for compromising security (e.g., password-guessing programs, cracking tools, or network probing tools);
• Use another's information, account, or password, except as expressly permitted;
• Take any action that imposes an unreasonable load on our network or infrastructure;
• Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users' computers, devices, or systems;
• For the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services; or
• Engage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
   

5. Intellectual Property

 

All content, including, without limitation, the text, software, scripts, graphics, photos, images, concepts, sounds, music, videos and any other material that are part of the Services other than any content you may submit (collectively, the “CRL Content”) is the property of CRL. You may use the Services and print copies of CRL Content, save and except for that otherwise identified or described, only for noncommercial, informational, personal use, without modification, and only so long as you comply with these Terms.

 

• Copyright and Other Intellectual Property Rights. CRL Content is protected under the copyright laws of the Barbados and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by CRL or its third-party licensors to the full extent permitted under the Barbados Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the CRL Content.

 

• Trade and Service Marks. You acknowledge and agree that all CRL logos and marks as well as other proprietary materials depicted in connection with the Services and the CRL Content are the property of CRL and may not be used commercially without the prior written consent of CRL.
   
• Notice of Infringement. If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:

 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
• Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
• Your name, address, telephone number, and email address, so that we may contact you if necessary;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
   

• Embedding Content. CRL Content cannot be embedded into other web pages without the express written consent of CRL. All use of embedded CRL Content must be for non-commercial purposes only, and may be disabled by CRL at any time and for any reason.

6. Social Media Integration

 

The Services may offer opportunities for you to transmit content via third-party social networking websites and products. Any use of third party social networking features is subject to the terms of use of the applicable third-party website or product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

7. User Submissions

 

Certain areas of the Services may enable you to publicly post comments, send emails, or otherwise submit information to us. You remain fully responsible for the content that you provide in connection with the Services, including information, audio recordings, videos, photographs, documents, or any other materials (“User Content”). In addition to complying with Section 4, you agree not to provide User Content that:

 

• Infringes or violates the copyright, trademark, patent, or other intellectual property right of any person or entity;
• Is false, misleading, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually explicit;
• Violates any person or entity’s right to privacy or publicity;
• Contains advertising or a solicitation of any kind;
• Personally, attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
• Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
• Transmits, stores, or otherwise makes available a virus, Trojan horse, worm, spyware, bot, or other harmful programming routine;
• Makes available material of a commercial nature or sends, causes or permits to be sent commercial electronic messages, including but not limited to advertising, promotions, junk mail, spam, pyramid schemes, chain letters, or solicitations of any kind;
• Violates any applicable law, or advocates illegal activity.

Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any User Content you provide us or others in connection with the Services constitutes a violation of the third party's intellectual property rights, of the third party's right to privacy, or of any other applicable local, provincial, state, national, or international law.

 

If the Services permit you to submit User Content, you may only provide User Content that is original and/or that you have the right to provide. By providing us User Content, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content. You represent that you have obtained all necessary permissions from any person or entity identified in or implicated by your submission (including those shown in photographic or video content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
 

If you are under the age of 13, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.

 

8. Links and Third Party Content

 

The Services may contain links to other websites or online services that are not under the control of CRL. Such links do not constitute an endorsement by CRL of those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.

 

We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that CRL assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by CRL.
 

You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.

9. Online Ordering and Online Payment

 

You may be permitted to participate in certain functionalities of the Services which allow you to use a device to order and pay for certain products from any CRL brand restaurant at or prior to arrival at the participating restaurant location (“Online Ordering”). CRL reserves the right at any time to discontinue Online Ordering or Online Payment, or to change the location of restaurants or markets offering or participating in Online Ordering or accepting Online Payment at any time.

 

For your protection, customers are limited to 2 orders within any hour and an order limit of BBD$400.00 a day. If you wish to place an order totalling more than BBD$400.00 you will need to obtain special permission ahead of placing the order. Please contact (246) 629-3378 or e-mail info@chefette.com to arrange to place large orders. New user accounts (accounts less than 30 days old) will be restricted to a limit of BBD$300.00.

All credit card transactions are processed using the services of a third-party provider. CRL does not collect nor store credit card information in any form on any of our servers.

 

All prices quoted on the Services are in Barbados dollars and all credit card transactions will be processed in Barbados Dollars unless otherwise noted.

 

10. Order fulfilment

 

Online orders are to be collected at the restaurant selected during the ordering process at the specified Pickup time. Online Orders (“the Orders”) are to be collected from the Pickup Counter inside the selected restaurant. An electronic receipt will be presented to you at the end of the online ordering process to the email address provided during registration for the Services.

On attending the selected restaurant, proceed directly to the Pickup Counter as opposed to the cashier and present the electronic receipt, either on a mobile device or in a printed form, to collect the Orders. Failure to present this receipt will result in your inability to collect the Orders.

An Online Order can be cancelled at any time before the cancellation timeframes specified on the electronic receipt. You must follow the instructions on the electronic receipt in order to cancel an Online Order.

The Orders are prepared in time for collection at the Pickup Time stipulated during the ordering process. It is your responsibility to ensure that the Orders are collected timely. CRL is not responsible for replacement of, nor will refunds be granted for, food which is deemed unsatisfactory due to late pickup on your part.

 

11. Refunds

 

It is your responsibility to inspect the Orders, including those including food items, collected at the time of Pickup, whether by you, your agent or otherwise, before leaving the restaurant. In the event that any portion of the Orders comprising food is deemed unsatisfactory at the time of collection, a replacement, or in some cases a refund, may be requested.  You will be required  to speak to a manager on duty at the selected restaurant. There will be no refund or replacement of any aspect of the Orders comprising food after it leaves our premises, after having been checked by you or your agent.

CRL cannot guarantee that every order will be delivered on time. CRL will attempt to contact you before the selected delivery time via one of the contact methods provided (telephone, WhatsApp or e-mail). There will be no refund or replacement of any aspect of the Orders (including the delivery fee) for orders which could not be delivered because CRL was unable to contact you.

If a refund has to be made to your credit card, do note that it may take up to 10 business days for the refund to be processed and may depend on your financial institution.  CRL bears no responsibility for any delays in processing refunds which are attributable to third parties inclusive of your financial institution.

 

12. Termination

 

In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. CRL is not responsible for any error relating to the Services or any other products offered via the Services.

 

Otherwise applicable sections of these Terms shall survive termination. CRL also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all use of the Services, including any of the CRL Content.

 

13. Limitation of Liability

 

To the extent permitted by law, CRL’s liability in relation to any product or service purchased as a consequence of your use of the Services is limited to the lesser of: (a) the replacement of any product purchased; and (b) the purchase price paid by you to CRL’s for the product or service. 

Under no circumstances, including without limitation negligence, will CRL, its affiliates, or any party involved in operating, creating, producing, or delivering the Services be liable for any damage or losses including without limitation direct, incidental, consequential, indirect, special, or punitive damages or lost profits arising out of the Terms or your access, use, misuse, or inability to use the Services, including without limitation any CRL content or User Content, or any sites linked from the Services, however caused, whether in contract, tort, negligence, strict liability, or otherwise, even if CRL has been advised of the possibility of such damage, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line or system failure, or other technologically harmful material that may infect your device, data, or other proprietary material due to your use of our Services or to your downloading of any content on it or on any website linked to it.  Further, CRL will not be liable for the accuracy of the information on the website and holds out no warranties or representations that the information on the website or the Services is current in real time. Any errors on the website or the Services will be corrected when discovered and CRL reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an Online Order has been submitted).

 

To the maximum extent permitted by law, we will not be liable to you for any loss or damage (whether direct, indirect or consequential) howsoever caused, nor will we be in default under these Terms, for failure to observe or perform any of our obligations under these Terms for any reason or cause except if caused by CRL’S gross negligence. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.

 

14. Indemnification

 

You agree to indemnify, hold harmless, and defend CRL, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, wilful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. You shall not settle any such claim without the prior written consent of CRL. These obligations will survive any termination of these Terms.

 

15. Integration, Severability and Waiver

 

These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between CRL and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

 

16. Contact Information

 

Please direct any questions, complaints, or comments related to the Services to info@chefette.com.