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Terms & Conditions

TERMS AND CONDITIONS OF USE FOR ORDERING SERVICES

These terms and conditions apply to all online and contact center (phone call or message) orders placed at:

Fredy’s Tucan

Address: Av. Los Tules #250, Fluvial Vallarta in Puerto Vallarta, Jalisco, México

Phone: +52 322 526 2010

Currency: Mexican pesos (MXN).

Hereinafter referred to as “RESTASURANTE”. These Terms and Conditions apply to our CUSTOMERS who place orders for home delivery or pick up at a branch. Hereinafter referred to as “CUSTOMER”.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT WISH TO COMPLY WITH THEM, WE RECOMMEND THAT YOU DO NOT MAKE USE OF OUR HOME DELIVERY OR PICK-UP SERVICE HEREINAFTER REFERRED TO AS “ORDERING SERVICE”. BY ACCESSING AND/OR USING THE ORDER SERVICE, THE CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS.

Subject to the legal regulations in force, the RESTAURANT may according to its own determination, at any time and in any other way, modify or change these Terms and Conditions of Use. We recommend that you read these Terms and Conditions carefully each time you place an order online or through our contact center.

These Terms and Conditions describe the general terms and conditions for placing orders between the RESTAURANT and the CUSTOMER, as well as the various rights and obligations of the parties.

The application, website and various online ordering technologies are owned and operated by the holder of the license agreement with respect to the use of the application for online ordering. Without prejudice to the general nature of the Terms and Conditions described below and for the avoidance of doubts, the CUSTOMER must also comply with the license agreement to use the online ordering application.

The RESTAURANT will make every effort to ensure that the information on online orders is correct and secure. However, it cannot be infallible and sometimes errors may occur. The CUSTOMER must take appropriate measures to verify all information related to online orders before using them. To the fullest extent permitted by applicable law, RESTAURANT disclaims all representations or warranties of any kind, whether express or implied, with respect to any aspect related to online ordering, including, but not limited to, the availability of the application, website or contact center for ORDER SERVICE.

RESTAURANT may revise, at any time, information related to the ORDERING SERVICE and reserves the right to make such changes without obligation to notify former, current or future CUSTOMERS. In no event shall the RESTAURANT be liable for any indirect, special, incidental or consequential damages resulting from the use of any information contained herein and/or related to the process of using the ORDERING SERVICE.

By using the ORDERING SERVICE, the CUSTOMER acknowledges and agrees that use of the application, website and/or the ORDERING SERVICE is at the CUSTOMER’S sole risk and to the fullest extent permitted by applicable law, and in no event shall THE RESTAURANT be liable for any direct, indirect, incidental, special, consequential or punitive damages, losses, costs or expenses, or lost profits as a result of the use or inability to use this ORDERING SERVICE and/or any applications and/or materials on any site linked to this ORDERING SERVICE (including, without limitation, viruses or other errors, defects or malfunctions in computer transmissions or network communications), even if the RESTAURANT has been advised of the possibility of such problems. In addition, the RESTAURANT accepts no responsibility for changes to the content of the web site or ORDERING SERVICE application by unauthorized third parties. All express or implied representations or warranties are excluded to the fullest extent permitted by applicable law.

The ORDERING SERVICE on your application or website may include content, information or links to third parties or third party websites. The RESTAURANT is not responsible for the content of such websites or the content of any third party promotion or sponsorship or compliance with these regulations. Links may be accessed at the user’s own risk, and the RESTAURANT is not responsible for and does not guarantee the content, completeness or accuracy of these links or web pages that reference this online ordering application. The CLIENT agrees to hold harmless and exempt the RESTAURANT from any liability resulting from the use by The CLIENT of information from third parties or from the use of any third party website.

Except as expressly stated, all information related to the ORDERING SERVICE (including, but not limited to, images, buttons and text) is owned and/or made available with the permission of the holder of the license agreement with respect to the use of the ORDERING SERVICE and is copyrighted and may not be copied, distributed or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of the ORDERING SERVICE.

Except as expressly stated, all information related to the ORDERING SERVICE (including but not limited to images, buttons and text) is owned and/or made available with the permission of the licensee of the license agreement with respect to the use of the ORDERING SERVICE and is copyrighted and may not be copied, distributed or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of the licensee.

The content related to specific products (e.g. food), the layout and appearance of text in the ORDERING SERVICE and/or the online ordering process, trademarks and any other content are proprietary and protected in accordance with applicable legal regulations and may not be used in any manner without the express written consent of the RESTAURANT.

The CUSTOMER does not obtain any license or right in relation to the information relating to online ordering and/or the application.

If you choose to place an online order through the ORDERING SERVICE, you must provide full contact details and/or create an account, and you may be required to accept cookies. You must keep your details confidential and must not disclose them to anyone. The RESTAURANT reserves the right to suspend the use of the ORDERING SERVICE and/or the online ordering process if you violate the Terms and Conditions.

The CUSTOMER acknowledges and agrees that all orders are treated as an express intent to purchase the products and/or services mentioned for the agreed online prices and The RESTAURANT we consider this to be a firm offer on your part to purchase such products and services. Any modification must be in writing, otherwise it shall not be binding on either party.

Acceptance of any order for any of the products and/or services shall be entirely at the discretion of the RESTAURANT. Acceptance of an order by The RESTAURANT may occur upon receipt of an on-screen message and/or an e-mail notification and/or a message confirming your order.

The RESTAURANT reserves the right to refuse any service, to suspend your access to the ORDERING SERVICE and/or the online ordering process, to remove or edit any content, or to accept your orders in its sole discretion and without prior notice.

The RESTAURANT ORDERING SERVICE is to be used only by persons over the age of 18 (eighteen) or the minimum legal age permitted by law or otherwise under the supervision of an adult or guardian.

All products and/or services provided through the ORDERING SERVICE are on an “as is” and “as available” basis, and RESTAURANT expressly excludes any warranties, conditions, representations or other terms relating to the ORDERING SERVICE or the content or products displayed therein, whether express or implied, unless otherwise expressly stated.

Product images are for presentation purposes only. Products ordered may differ (e.g. color, shape, etc.) from the photos available on the website. The RESTAURANT is not responsible in any way if the description of the products is not complete.

Delivery orders are also subject to the following conditions:

Your address is part of the delivery area defined by the RESTAURANT;

RESTAURANT’s online availability to accept online orders;

Your order may be subject to a minimum order condition.

You may pay using any of the methods listed on our checkout screen. The CUSTOMER must ensure that, if ordering using a credit or debit card, the card is valid on the date the order is placed. The RESTAURANT cannot refund money from orders paid online. Contact us directly to resolve any dispute regarding any payment or refund request.

You may be automatically directed to an online listing that refers to the physical location of the RESTAURANT closest to The CUSTOMER. Please note that prices, minimum amount restrictions and maximum cash restrictions vary from location to location. In addition, if you place an order online, the price charged may be different from the price of the Products if they had been ordered in-store or by phone.

The online order once placed can no longer be modified or cancelled through the website or offline via a phone call to the RESTAURANT. In any event, if you wish to cancel or make a complaint about your order, please call the RESTAURANT, details of which are included in the confirmation email sent to the CUSTOMER when placing the order and The RESTAURANT will endeavor to assist you.

We will do our best to provide you with the products you have ordered as close as possible to the delivery/pick-up time requested by The CUSTOMER, but we cannot guarantee, in all cases the exact delivery time. Delivery time may be affected by adverse weather or transit conditions. In this way we can protect the safety of our couriers. Delivery service may be temporarily suspended in selected areas due to bad weather or unforeseen circumstances.

The CUSTOMER agrees to accept delivery of the Products at the agreed time and place of delivery. If you have elected to have the Products delivered, the RESTAURANT will deliver the order to the main entrance of the delivery address, but any delivery made within the delivery address will be made only if the driver and The CUSTOMER agree to this. If you are not present to collect delivery of the Products to the address indicated in your order, The RESTAURANT will not refund the price paid for your order and will charge you for the full value of your order.

The risk related to the Products shall pass to the CUSTOMER upon delivery. Any software service/software program is used and/or downloaded at your own risk. If you are in any doubt and do not know whether the software service/software program to be used and/or downloaded is suitable for your computer, we recommend that you seek specialist advice before using and/or downloading it.

The CUSTOMER is responsible for maintaining the confidentiality of his/her personal data, password and payment details. The CUSTOMER agrees to take full responsibility for all its activities in connection with online orders (application).

You may not assign, sublicense or otherwise transfer your rights set forth in these Terms and Conditions. If any provision of this Agreement is and/or becomes invalid, illegal, ineffective or unenforceable, this shall not affect the validity or enforceability of the other contractual provisions, which shall continue to be valid and produce legal effects as if the invalid, illegal, ineffective or unenforceable provision would not have been part of this agreement.

These Terms and Conditions do not affect your legal rights.

The RESTAURANT’s trademarks, as well as the trademarks of other persons, but also their related properties, are protected against copying and simulation in accordance with national and international laws and may not be reproduced or copied without the express written consent of the RESTAURANT.

To the fullest extent permitted by law, the RESTAURANT excludes any liability arising from the supply of products and, in particular, shall not be liable for any loss or damage resulting, directly or indirectly, from or in connection with delay after the estimated time of delivery or collection; any situation beyond the control of the RESTAURANT in terms of consequences and which the RESTAURANT could not avoid by exercising reasonable care or any indirect or unforeseen loss suffered or borne by the CUSTOMER or other parties. In any event, the RESTAURANT’s liability to the CUSTOMER shall not exceed the total price charged for the relevant products and/or services.

TUCAN REWARDS

The 50 MXN that the user receives when registering in Tucan Rewards is NOT combinable with other promotions and offers.

The Tucan Pesos redemption is not combinable with other promotions and offers.

The redemption of Tucan Pesos is only possible through the Mobile Application or the online service website, logging in with the user and password previously registered and confirmed (confirmation by email).

The 5% direct discount when presenting a loyalty card when consuming at Fredy’s Tucan restaurants is not applicable in groups or tables larger than 6 people.

PROMOTIONS AND DISCOUNTS

All promotions are valid only for home delivery or “pick up” (pick up at restaurant). These promotions are NOT valid for restaurant consumption.

The initial 20% discount applies only when the first order is placed through the Mobile Application or the FredysTucan.com Website.

The 50% discount only applies to a single ordered unit specified in the message. The unit on which the discount will be applied will be the lowest value unit in the order.

All promotions and discounts are not combinable in the same order and are limited to one promotion or discount per day, per user. It is also not combinable with the redemption of Tucan Pesos from the Tucan Rewards program.

The Terms and Conditions shall be governed by and construed in accordance with applicable law and any dispute arising out of or in connection with them shall be resolved by the competent courts having jurisdiction over the seat of RESTA.

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