Last Revised: August 1st, 2016

Welcome to the Wix Restaurants Terms of Service, brought to you by phovinaburien.com!

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These terms, together with the Wix Restaurants Privacy Policy (“Privacy Policy”, and collectively – the “Terms”), set forth the entire terms and conditions governing your use of the Wix Restaurants service (the “Service”), and constitute a binding and enforceable legal contract between Wix.com Ltd. (together with its affiliated companies worldwide, “Wix”, “us” or “we”) and anyone who accesses or uses the Service (“Customer” or “you”) - so please read them carefully.

You may use the Service only if you fully agree to the Terms - and by using the Service you signify and affirm your informed consent to the Terms. If you do not read, fully understand and agree to the Terms, you must immediately avoid or discontinue all use of the Service.

1. The Wix Restaurants Service

1.1.

The Service is designated to allow visitors and customers of participating restaurant websites (each, a “Participating Restaurant”) to easily place orders from such Participating Restaurants (each, an “Order”), to manage their Orders and to otherwise interact and engage with Participating Restaurants online.

1.2.

Your use of the Service and placement of Orders from any Participating Restaurants may be done solely at your own risk and responsibility. We encourage you to carefully review the information provided by Participating Restaurants on their websites, including their menus and any legal terms set by them, and to contact the Participating Restaurants directly for any additional information you require before placing an Order from them through the Service.

1.3.

Each Participating Restaurant is solely responsible for the information and content available on its websites, for its menus, offerings, products and services (and for the pricing thereof), and for accepting and fulfilling Orders placed via the Service.

1.4.

Wix is not a party to any interaction or transaction between you and any Participating Restaurant. We are not responsible for, and do not in any way endorse, warrant, verify, investigate, screen or monitor, any Participating Restaurant’s website, offerings, products, services or practices; their accuracy, quality, availability, suitability, reliability, or compliance with any applicable laws, regulations or standards (including those pertaining to food or beverage preparation, sale, marking, delivery or marketing, and those pertaining to data privacy and security); or the satisfactory processing or fulfillment of any Order you place via the Service.

1.5.

Please note that parts of the Service may be offered in their BETA version, and are undergoing BETA testing. You understand and agree that the Service may still contain software bugs, suffer disruptions and/or communication interruptions, and not operate as intended or designated. For example, such interruptions may result in delays or even non-transmittal of your Orders (or the Participating Restaurant’s ability to receive and fulfill your Orders). Your use of the Service at this BETA stage signifies your agreement to participate in its BETA testing.

1.6.

While we hope to avoid such instances, Wix may, at any time and at its sole discretion, change, suspend, disable access to or remove the Service or your access thereto without any liability to you or any other party. For more information, please see Section ‎9 below.

2. Customer Account

2.1.

The Service enables Customers to place one-time Orders as “Guests”, to sign-up and create a personal account on the Service (“Customer Account”) or log into and connect their social media user accounts, such as Facebook or Google (“Connected Account”) to the Service. By creating a Customer Account, you will be able to quickly submit your contact information (as available via your Connected Account), save your details, preferences, Order history and additional information on the Service, and use it in future Orders you make through the Service from any Participating Restaurants. For more information regarding the information collected and saved under your Customer Account, please see the Privacy Policy.

2.2.

You must provide accurate and complete information when using the Service (including when you create your Customer Account), to which you are the sole and exclusive rightsholder. Without limitation, you may only connect your own Connected Account to the Service, and only provide your own (or your company’s) contact and billing details as well as those of any other person who lawfully authorized you to provide their details, including true and valid name, physical address, billing details and any other details necessary for the fulfillment of your Orders. By providing us details of any person or company that is not yourself, you hereby represent and warrant to Wix, and acknowledge that Wix is relying upon such representation and warranty in providing you with the Service, that you lawfully hold a right and appropriate authority and/or proxy, to provide such details.

2.3.

Please note that if anyone other than yourself accesses your Customer Account, they may perform any actions available to you, make changes to your Customer Account, place Orders in your name (and if you opted to save your payment method details – at your expense) and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your Connected Account confidential, and to only allow people you trust (if any at all) to access it or any device connected to it - as you will be solely and fully responsible for all activities that occur under your Customer Account (including for any Orders placed via your Customer Account, and for any other representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

3. Payments

3.1.

The Service enables Participating Restaurants to accept payments for online Orders through certain third party payment methods and services (“Third Party Payment Services”), by selecting and integrating such methods and services directly into the Participating Restaurant’s website. The selection of the Third Party Payment Services may either be communicated to you by the Participating Restaurant or not, at Participating Restaurant’s discretion and responsibility.

3.2.

You acknowledge and confirm that payment for an Order may be made through Third Party Payment Services, chosen by the respective Participating Restaurant, from which you are placing an Order, and as such, the processing of such payment may also be subject to additional legal terms provided by such Third Party Payment Services and/or credit card issuer, and/or to additional fees or commissions set by them, as applicable. All prices and fees for any Order are determined solely by the Participating Restaurants and/or their selected Third Party Payment Services, without Wix’s involvement, review or approval. Wix does not charge any additional fees or commissions from Customers placing or managing their Orders via the Service.

3.3.

If you choose to save your payment details and/or preferences in your Customer Account for future Orders, Wix may retain such details and use them in accordance with the Privacy Policy.

4. Your Obligations

4.1. You represent and warrant that:

4.1.1.

you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Terms (including any person or entity on behalf of which you intend to place an Order);

4.1.2.

you are not a resident of (or will use the Service in) a country that the U.S. government has embargoed for use of any services similar to the Service, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;

4.1.3.

your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

4.1.4.

you understand that Wix does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use of the Service, or your compliance therewith;

4.1.5.

any information provided by you, including your or anyone else’s contact or billing information, is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or share, or for Wix and/or the Participating Restaurant to use or possess in connection with the Service;

4.1.6.

you have obtained all consents and permissions required under all applicable laws, regarding the possession, transmission and disclosure of any personal information and/or billing information by you to Wix and/or any Participating Restaurant, and you will adhere to all laws applicable thereto.

4.2. You undertake and agree to:

4.2.1.

fully comply with all applicable laws and any other contractual terms which govern your use of the Service (and any related interaction or transaction), including those specific laws applicable to you in your geographical location(s);

4.2.2.

be solely responsible and liable with respect to any of the uses of the Service which occur under your Customer Account, and for any of your Orders (including for any consequences of placing Orders and/or sharing any personal information and/or billing information through the Service);

4.2.3.

regularly and independently save and backup any information submitted and/or saved by you through the Service (such as your Order history or payment details), at your discretion and risk;

4.2.4.

receive from time to time promotional messages and materials from Participating Restaurants you ordered from, by mail, e-mail or any other contact form you may provide us with. If you wish not to receive such promotional materials or notices – please just notify the Participating Restaurant(s), at any time.

4.3. You agree and undertake not to:

4.3.1.

copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Service and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Wix’s prior written and specific consent and/or as expressly permitted under the Terms;

4.3.2.

publish and/or make any use of the Service on any website, media, network or system other than those provided by Wix, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around the Service, except as expressly permitted by Wix, in advance and in writing;

4.3.3.

use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Service to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Service;

4.3.4.

act in a manner which might be perceived as damaging to Wix’s reputation and goodwill or which may bring Wix into disrepute or harm;

4.3.5.

purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Wix or Wix’s trademarks, brand assets and/or variations and misspellings thereof;

4.3.6.

​Impersonate any person or entity or provide false information on the Service, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any action you take or message or transmittal you send to Wix and/or any Participating Restaurant and/or Third Party Payment Services in connection with the Service;

4.3.7.

​reverse look-up, trace, or seek to trace another user of the Service, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about users of the Service without their express and informed consent;

4.3.8.

disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Service, the account of another Customer, or any other systems or networks connected to the Service, by hacking, password mining, or other illegitimate or prohibited means;

4.3.9.

probe, scan, or test the vulnerability of the Service or any network connected to the Service;

4.3.10.

upload to the Service or otherwise use it to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

4.3.11.

take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Service or Wix’s systems or networks connected to the Service, or otherwise interfere with or disrupt the operation of the Service, or the servers or networks that host it or make it available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

4.3.12.

use the Service in connection with any form of spam, fraud, scam, phishing, or any other illegal or immoral conduct

4.3.12.

violate, attempt to violate, or otherwise fail to comply with any of the Terms or any laws or requirements applicable to your use of the Service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Customer Account and/or any services provided to you – with or without further notice to you, and without any refund of amounts paid on account of or with respect to any such services.

5. Intellectual Property

5.1. Ownership:

You acknowledge and agree that the Service (including any content or material contained therein, any underlying software code, interfaces, layouts, graphics, “look and feel” and functionality) and any and all copyrights, patents, designs, trademarks, service marks and any and all other worldwide intellectual property therein and thereto, are owned by, or licensed to, Wix. Your use of the Service confers no title or ownership in the Service and/or any other products or services offered by Wix, and may in no way be deemed as a sale or assignment of any rights therein.

5.2. Grant of License:

Subject to your full and irrevocable acceptance of and compliance with the Terms and any applicable law, Wix hereby grants you a non-exclusive, non-transferable and limited license, to access and use the Service for placing Orders from Participating Restaurants.

5.3. Feedback and Suggestions:

If you provide us with any suggestions, comments or other feedback relating to the Service or any other Wix services or products (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Wix. By providing such Feedback to Wix, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Wix any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

6. Disclaimer of Warranties

6.1.

We provide the Service on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Service (or any part, feature or content thereof) is complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools (or that it will remain as such at any time), or comply with any laws applicable to you or any Participating Restaurant utilizing the Service (including in any jurisdiction in which you or such Participating Restaurant reside or operate), or that its operation will be free of any viruses, bugs or other harmful components or program limitations.

6.2.

We make no representation or warranty that any or all features, functionalities or content of the Service are appropriate for use or will be fully available in any specific geography. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right, at any time and in our sole discretion, to limit the availability and accessibility of the Service to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service.

6.3.

Wix may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any Participating Restaurant’s website, Customer Account and/or Orders placed via the Service, at any time and for any reason, with or without notice

6.4.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Wix be considered as a party to any engagement or transaction between any Customer and Participating Restaurant(s) and/or Third Party Payment Services, does not in any way endorse any Participating Restaurant, Third Party Payment Services and/or Customers, and assumes no liability for any products, services, Orders and/or transactions made available and/or placed by anyone through or in connection with the Service or any other products or services offered by Wix, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with accessing, using and/or relying on any information, content or action available through or made in connection with the Service.

6.5.

You acknowledge that there are risks in using the Service and/or connecting and/or dealing with any Participating Restaurant and/or Third Party Payment Services through or in connection with the Service, and that Wix cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Participating Restaurants (and their products or services) and/or Third Party Payment Services, breach of warranty and/or contract, violation of rights, and any consequent claims.

7. Limitation of Liability 

7.1.

To the fullest extent permitted by law in each applicable jurisdiction, Wix, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content, whether originating from Wix, a Participating Restaurant, Third Party Payment Services or others; (2) any personal injury, health issues, bodily or emotional distress, or property damage related to your use of the Service and/or your Orders; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Service; (5) the use or display of any information or content posted, transmitted, or otherwise made available via or in connection with the Service; and/or (6) events beyond the reasonable control of Wix, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or any actions or non-performance of third parties (including any Participating Restaurant or Third Party Payment Services).

7.2.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Wix’s services to you, and such limitations will apply even if Wix has been advised of the possibility of such liabilities.

8. Third Party Services

8.1.

You agree to defend, indemnify and hold harmless Wix, its officers, directors, shareholders, employees, affiliates, agents, licensors and business partners, from and against any and all claims, damages, losses, liabilities, penalties, settlements, costs, debt and expenses (including attorneys’ fees) arising from: (1) your actual or alleged violation of any term of these Terms or any applicable law; (2) your use or misuse of the Service; (3) your failure to pay for any Order you place via the Service; and/or (4) any other type of claim that your actions and/or inactions violated the rights or otherwise caused any damage to a third party.

8.2.

You acknowledge and agree that we will have the right to seek damages from you if you use the Service for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the Terms, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

 

9. General

9.1. Governing Law & Jurisdiction:

The Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any and all claims and disputes relating to the foregoing shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

9.2. Changes & Updates:

We may change the Service and/or these Terms (or any part thereof) from time to time, at our sole discretion and without any notice to you. Notwithstanding the foregoing, substantial changes to the Terms will be first notified on the Service and/or by sending you an e-mail to the e-mail address that is registered with us (if any). Such substantial changes will take effect not less than thirty (30) days after such notice was first provided via any of the aforementioned methods. All changes to any of the Terms shall be in writing, and shall become effective as of the “Last Revised” date stated therein. Your continued use of the Service subject to the revised Terms, after the Last Revised date, will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms are changed to comply with any legal requirements or the requirements of any Third Party Payment Services, such changes (whether or not substantial) may take effect immediately, or otherwise at such a time as required by law or such Third Party Payment Services, with or without any prior notice to you.

9.3. Termination:

We may terminate the Service, the Terms and/or your Customer Account at any time and for any reason by notifying you. We or any other Participating Restaurant and/or Third Party Payment Services may suspend the Service (or its availability for such Participating Restaurant and/or Third Party Payment Services) at any time, with or without cause. Once your Customer Account is terminated, we may permanently delete it and any data associated therewith.

9.4. Notices:

We may provide you with notices in any of the following methods: (1) via or within the Service, including by a banner or pop-up; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Wix’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

9.5. Relationship:

The Terms, and your use of the Service, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Wix and you. Furthermore, you acknowledge that the availability of the Service via any Participating Restaurant’s website does not create and shall not be construed to create any form of partnership or other relationship between Wix and such Participating Restaurant, and no Participating Restaurant has the right to make any representations, warranties or commitments on Wix’s behalf – and in no event may any such representations, warranties or commitments bind Wix in any way.

9.6. Entire Agreement:

These Wix Restaurants Terms of Service, together with the Privacy Policy and any other legal or fee notices provided to you by Wix in writing, shall constitute the entire agreement between you and Wix concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Wix and you, including those made by or between any of our respective representatives or any Participating Restaurant, with respect to any of the Service. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Wix in entering into these Terms.

9.7. Assignment:

Wix may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Wix. Any attempted or actual assignment thereof without Wix’s prior explicit and written consent will be null and void.

9.8. Severability & Waivers:

If any provision of the Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

9.9. Interpretation:

Any heading, caption or section title contained herein, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

9.10. Customer Service Contact:

If you require assistance or customer support regarding any Participating Restaurant or an Order you placed, please contact the Participating Restaurant directly

To get in touch with Wix’s Customer Service, please use any of the options listed below:

9.10.1.

Go to Wix Help Center which is available at: http://www.wix.com/support/html5/

9.10.2.

Send an email message to: support@wix.com

9.10.3.

By Phone: (U.S. Number) 1-800-6000-WIX (1-800-600-0949) during normal business hours (Monday – Friday, between 8AM - 5PM PST)