Terms & Conditions
Version Date: January 22, 2018
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY
ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE)
AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS
AGREEMENT, OR TO MODIFICATIONS THAT KABUKI MAY MAKE TO THIS AGREEMENT IN THE
FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE KABUKI SERVICES
OR THE WEBSITE.
THE SECTION BELOW ENTITLED “DISPUTES” CONTAINS AN AGREEMENT TO RESOLVE DISPUTES IN BINDING ARBITRATION AND TO WAIVE YOUR PARTICIPATION IN CLASS ACTION CLAIMS. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS.
You are responsible for maintaining the confidentiality of your kabuki account and password information. You agree to monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account, including use by minors. Should you suspect that any unauthorized party may be using your password or account, you will notify the Company immediately. By using the Website, you represent and warrant that you are of legal age to form a binding contract with kabuki. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.
ORDERING AND PAYMENT
All ordering is performed online or through Kabuki’s app. Customers are billed directly by Kabuki for their orders, and “Kabuki” will be the name that appears on your payment records. Kabuki reserves the right to charge additional fees depending on the size of order and distance between the restaurant and the delivery point.
You may receive text message alerts about each order placed on the Website or app, and by placing orders, you agree to receive such text alerts. Standard data and message rates may apply to these communications. Please contact your mobile phone carrier for details.
Customers may also receive emails following receipt of a delivered order soliciting feedback related to that order. If you do not wish to receive subsequent emails, you may unsubscribe by clicking the link provided in the email.
Kabuki takes customer satisfaction very seriously. In the case of problems with your food order, please contact Kabuki and we will try to assist you. Inappropriate cases, if you have already been billed by Kabuki, Kabuki may issue a full or partial store credit or gift card. For example: if you did not receive your order or received an incorrect order, you may be issued a full store credit or gift card; if part of your order is missing, we may issue a partial store credit or gift card. In every event, we will do our best to ensure your satisfaction.
You may cancel your order and receive a store credit or gift card if the restaurant has not commenced cooking your food at the time you request the cancellation. Determination of whether the restaurant has commenced cooking the food is at the sole discretion of Kabuki.
If at any time, Kabuki offers gift cards, the following terms shall apply: (1) gift cards are redeemable only with online payments; (2) gift cards are not redeemable for cash (except as may be required by law), (3) lost, stolen or damaged gift cards may be replaced only with valid proof of purchase and to the extent of the remaining gift card balance appears in Kabuki’s records, (4) gift cards are not a credit or debit card, (5) there are no expiration dates and no fees for purchased gift cards, and (6) expiration dates or other terms may apply to promotional or service credit gift cards not purchased directly by a consumer.
PROMOTIONAL OFFERS AND DISCOUNTS
Any promotional offer, price, discount, coupon, or similar the opportunity offered by us to you or other persons from time to time will be subject to the terms, conditions, and expiration dates presented with that offer.
This program is intended to help Kabuki users tell their friends and family via digital and social channels about our great service.
CORPORATE REWARDS/POINTS PROGRAM
Certain corporate customers may be eligible to participate in Kabuki’s Corporate Rewards Program (“Rewards Program”) and earn Rewards Points (“Points”) in connection with your use of the Services. Participation in the Rewards Program is at the sole discretion of Kabuki. Participants earn Points by placing orders on the Website. 1 Points are earned at each dollar amount food order. For example, if you order $100 worth of food, participants would earn 100 Points, Points can be redeemed for free food. Points cannot be redeemed or exchanged for real money or used in any other way outside of the Services. Points will expire 1 year from the date they are earned. Points are only redeemable when a Member’s account is current.
Kabuki may amend, modify, restrict, or eliminate the Rewards Program and Points in its sole and absolute discretion at any time and without notice to you. Kabuki does not have any liability or obligation to you in connection with its right to operate the Rewards Program in its sole discretion. Rewards Program is only available to residents of the United States.
By using Kabuki Services, you represent and warrant that:
a. all registration information you submit is truthful and accurate;
b. you will maintain the accuracy of such information;
c. you will keep your password confidential and will be responsible for all use of your password and account;
d. you are not a minor in the jurisdiction in which you reside; and
e. your use of the Kabuki Services does not violate any applicable law or regulation.
You agree that you will not access or use the Website for any other purposes other than that for which Kabuki makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Kabuki. Prohibited activity includes, but is not limited to:
a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
b. advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Kabuki;
c. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Kabuki;
d. making any unauthorized use of the Kabuki Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
e. engaging in unauthorized framing of or linking to the Website;
f. transmitting chain letters or junk email to other users;
g. using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
h. engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
i. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
j. attempting to impersonate another user or person;
k. using the username of another user;
l. selling or otherwise transferring your profile;
m. using any information obtained from the Website in order to harass, abuse, or harm another person;
n. using the Kabuki Service as part of any effort to compete with Kabuki or to provide services as a service bureau;
o. deciphering, decompiling, disassembling or reverse-engineering any of the software comprising or in any way making up a part of the Website;
p. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
q. harassing, annoying, intimidating or threatening any Kabuki employees or agents engaged in providing any portion of the Kabuki Services to you;
r. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
s. deleting the copyright or other proprietary rights notice from any contribution or Kabuki Content; and
t. using the Website in a manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Kabuki Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Kabuki, and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Kabuki Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Kabuki graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Kabuki in the U.S. and/or other countries. Kabuki’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kabuki. Kabuki Content on the Website 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. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Kabuki is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Kabuki Content and to download or print a copy of any portion of the Kabuki Content to which you have properly gained access solely for your personal, non-commercial use. Kabuki reserves all rights not expressly granted to you in and to the Website and Kabuki Content and Marks. If you download or print a copy of the Kabuki 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 Website or features that prevent or restrict use or copying of any Kabuki Content or enforce limitations on use of the Website or the Kabuki Content therein.
THIRD-PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Kabuki Service) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third-Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and Kabuki takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Kabuki reserves the right but does not have the obligation, to:
a. monitor the Website for violations of this Agreement;
b. take appropriate legal action against anyone who, in Kabuki’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
c. in Kabuki’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Kabuki policy;
d. in Kabuki’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Kabuki’s systems;
e. terminate the accounts of repeat infringers; and
f. otherwise, manage the Website in a manner designed