Terms and Conditions
RESTRICTIONS ON USE
Material from this Site and any other World Wide Web site owned, operated, licensed, or controlled by ITF. or any of its related, affiliated, or subsidiary companies (together, “ITF”) may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of ITF EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates ITF and/or Romacorp, Inc. intellectual property rights. The material on this Site is provided for lawful purposes only.
OBLIGATIONS OF SITE VISITORS
You agree not to do any of the following while visiting or using the Site or any services provided by or through the Site:
restrict or inhibit any other user from using and enjoying the Site;
impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of ITF;
post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity;
post or transmit comments containing harassing or offensive language or engage in disruptive activities online;
post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters” or any other form of solicitation on the Site or through the Site;
post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights;
post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking or distribution of counterfeit software;
solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
access or use password protected, secure or non-public areas of the Site without authorization;
frame, repackage, or otherwise re-distribute any portion of the Site; or
THE MATERIAL ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ITF MAY MAKE CHANGES TO THIS SITE AT ANY TIME. THIS SITE AND THE MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ITF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ITF DOES NOT WARRANT THAT THIS SITE, THE FUNCTIONS CONTAINED ON THIS SITE OR THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THIS SITE, THE MATERIALS ON THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ITF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THIS SITE OR THE MATERIALS ON THIS SITE RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL ITF BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR THE MATERIALS, PRODUCTS OR SERVICES OFFERED ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ITF, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THIS SITE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ITF TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION RELATED TO THIS SITE, THE MATERIALS ON THIS SITE OR YOUR ACCESS OR USE OF THIS SITE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
THIRD PARTY WEBSITES AND DOWNLOADABLE MATERIALS
This Site contains downloadable materials as well as links to external sites. ITF is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that ITF cannot and does not guarantee or warrant that files or software of any kind, from any source, that are available for downloading through this Site or through third party websites linked to this Site, will be free of infection, viruses, worms, Trojan Horses or other code or defects that contain or incorporate contaminating or destructive properties.
ITF or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from this Site and all other ITF websites including all related documentation and all copies thereof (together, the “Materials”). ITF may terminate this agreement immediately without notice at any time in ITF sole discretion. Upon termination, you must destroy all Materials.
COPYRIGHT ACT AGENT
We respect the intellectual property rights of others, and require that the people who use this Site do the same. If you believe that your work appears on this Site and has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and Horses or other code or defects that contain or incorporate co A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
International Trading Franchises LLC
Attn. Marketing Manager
Office 601, Block A, Al Shoala Building
Port Saeed, Deira
Dubai, United Arab Emirates 15018
The following is a non-exclusive list of trademarks that are used on this Site and that are owned by Romacorp, Inc.: Romacorp, Inc.®; Tony Roma’s®; Tony Roma’s Ribs, Seafood, Steak®; Tony Roma’s®; Rib Grill Express®; America’s Rib Grill®; Tony Roma’s A Place for Ribs®; Tony Roma’s Riblings®; Best Ribs in Americ®a; Tony Roma’s Famous for Ribs®. All other trademarks used on this Site, including, but not limited to other trademarks used on this Site that may be owned by Romacorp, Inc., are the property of their respective owners.
TERMS AND CONDITIONS FOR ONLINE ORDERING
(hereinafter referred to as the “Restaurant” or “We” or “Us”)
These Terms and Conditions apply to you as a client for online ordering (hereinafter referred to as “you” or the "user” or the “client”)
PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD NOT ACCESS AND/OR USE THE ONLINE ORDERING (HEREINAFTER NAMED “ONLINE ORDERING APPLICATION”). ACCESS AND/OR USE OF THE ONLINE ORDERING BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Subject to applicable legal regulations in force, We may, in our discretion, from time to time amend or otherwise modify the Terms and Conditions of Use. We recommend that You carefully read, each time you order online, the Terms and Conditions as they may affect your rights.
These Terms and Conditions describe the general online ordering terms and conditions between Us and You and different rights and obligations of the Parties.
For the sake of clarity, these Terms and Conditions apply (also) in case of online ordering through the application (hereinafter referred to as the “online ordering application” or the “application“; the applications is the online ordering application used by the Client to place its order for different products and/or services (hereinafter referred to as the “products” and/or “services”).
The online ordering application is owned and operated by the licensor of the license agreement regarding the use of the application in order to order online.
Without affecting the generality of the present Terms and Conditions and for the sake of clarity You must also respect the license agreement regarding the use of the application in order to order online.
The Restaurant shall make all the necessary diligences to ensure that the information in relation with the online ordering is accurate and reliable. However, this cannot be infallible and errors may sometimes occur. You should take appropriate steps to verify all information in relation with the online ordering before using it. To the maximum extent permitted according to the applicable law, the Restaurant disclaims any warranty or representation of any kind, whether express or implied, as to any matter whatsoever relating to the online ordering, including without limitation the availability of the online ordering application.
The Restaurant may from time to time revise the information in relation with the online ordering application and/or process and reserves the right to make such changes without any obligation to notify any past, current or prospective clients. In no event shall the Restaurant be liable for any indirect, special, incidental or consequential damages arising out of any use of the information contained herein and/or in relation with the online ordering process.
By ordering online, you acknowledge and agree that the use of the online ordering application and/or processes at your own risk and the maximum extent permitted according to the applicable law, in no circumstances, shall We be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this online ordering and/or any application and/or material on any site linked to this online ordering application (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if We have been advised of the possibility of such damage. In addition, no liability can be accepted by Us in respect of any changes made to the content of the online ordering application and/or process by unauthorized third parties. All express or implied warranties or representations are excluded to the maximum extent permitted according to the applicable law.
The online ordering application and/or process may include content, information or links to third parties or third party sites. The Restaurant is not responsible for the content of any such sites or neither for the content of any third party advertising or sponsorship nor for compliance of such with any regulations. The links may be accessed at the user's own risk and the Restaurant makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to this ordering online application. You agree to hold harmless and relieve the Restaurant from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.
Except otherwise expressly mentioned, all the information in relation with the online ordering application (including without limitation the images, buttons and text) are property and/or available with the permission of the licensor of the license agreement regarding the use of the application in order to order online and holds usage rights over them and, may not be copied, distributed, or reproduced or transmitted in any form or by any mean, electronic, mechanical, photocopying, recording or otherwise, without its prior written permission.
The content referring to specific products (e.g. food items), arrangement and texts layout of the online ordering application and/or process, the trademarks, and any other content, are proprietary and are protected according with the legal regulations in force and cannot be used in any way without the express written permission of the Restaurant.
The Client does not obtain any license or right regarding the information in relation with the online ordering and/or application.
If you decide to order online using the online ordering application, you may be asked to provide full contact details and/or to create an account and you may need to accept cookies. You must keep your data confidential and must not disclose it to anyone. The Restaurant reserves the right to suspend the use of the online ordering application and/or process if you breach the Terms and Conditions.
You acknowledge and agree that all orders are treated as an express intention to purchase the nominated products and/or services for the agreed online prices and We treat this as an binding offer from you to purchase such products and services. Any variations must be in writing, otherwise they will not be binding on either party.
The acceptance of any order for any of the products and/or services shall be at the entire discretion of the Restaurant. Our acceptance of an order may occur when you receive an on-screen message and/or email notification and/or an SMS, confirming your order.
The Restaurant reserves the right to refuse any service, terminate your access to the online ordering application and/or process, remove or edit any content or accept your order/s in its sole discretion and without prior notice to you.
The Restaurant's online ordering application must only be used by persons over the age of eighteen (18) years, or the minimum legal age as permitted by the law or otherwise under the supervision of an adult or guardian.
Any products and/or services provided through the online ordering application are done so on an "as is" and "if available" basis and the Restaurant expressly excludes any warranties, conditions, representations or other terms with respect to the online ordering or the content or products displayed on it, whether express or implied, unless expressly stated to the contrary.
The pictures of the products are for presentation only. The ordered products may have differences (e.g. color, form, etc.) towards the photos existing on the site. The Restaurant is not liable in any way if the description of products is not complete.
Delivery orders are also subject to: i)Your address falling in the defined delivery area of the Restaurant; ii)Availability of the restaurant being online for accepting online orders; iii) Your Order may be subject to a minimum amount per order;
You can pay by any of the methods listed in our checkout screen. Please make sure that if your order is placed using a credit or debit card, the card is valid on the date of your order placement. The Restaurant may provide no refunds to the orders paid online. Contact Us directly to settle any payment dispute or refund claim.
You may be automatically directed to an online listing referring to Your nearby Restaurant service location. Please note that prices, minimum spend restrictions and maximum cash spend restrictions vary from location to location. In addition, if you order on-line, the price charged may be different to the price for the Products had they been ordered in-store or by telephone.
The online order once placed cannot be modified or cancelled either through the website or offline by calling the restaurant. Anyhow, if you wish to cancel or complain about your order, please call your local restaurant service location, details of which will be included in the confirmatory e-mail sent to you upon placing your order and We can see how we can help you.
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.
Risk in the Products shall pass to the Client on delivery. Any software service/software is used and/or downloaded at your own risk. If you are in any doubt as to the suitability of the software service/software to be used and/or downloaded for your computer it is recommended that you obtain specialist advice before using and/or downloading it.
You are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities in relation with the online ordering (application).
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. In case any provision of this agreement is and/or becomes void, illegal, invalid or inapplicable, it shall not affect the validity or the applicability of the other contractual clauses, which shall continue to be in force and to produce legal effects as if the void, illegal, invalid or inapplicable clause was not part of this agreement.
This Terms and Conditions do not affect your statutory rights.
The Restaurant trademarks, as well as the related trademarks of others and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of the Restaurant.
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/and or services.
This terms and Conditions shall be governed by and construed in accordance with the laws of the country in which the Restaurant is headquartered and the Restaurant and any dispute arising out of or in connection with these shall be settled by the competent courts from the headquarter of the Restaurant, excluding the possibility of reference to conflict of laws.