Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at cafe-starbirdchicken.rest (the "Website") or any services offered by Starbird Chicken ("Company," "we," "us," or "our"). By accessing or using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of our Website and services immediately.

1. Acceptance of Terms

By visiting, browsing, or using the Website at cafe-starbirdchicken.rest, placing an order, or otherwise engaging with any service offered by Starbird Chicken, you ("User," "Customer," or "you") enter into a legally binding agreement with Starbird Chicken governed by these Terms of Service and any additional policies or guidelines incorporated herein by reference, including but not limited to our Privacy Policy.

These Terms apply to all visitors, users, customers, and any other parties who interact with our Website or services. Your continued use of the Website after any modifications to these Terms shall constitute your acceptance of such changes. If you are accessing or using our services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you as an individual and the entity you represent.

You must be at least eighteen (18) years of age to use our Website and services without parental or guardian supervision. By using our Website, you represent and warrant that you meet this age requirement or that you have obtained the necessary parental or guardian consent.

2. Description of Services

Starbird Chicken is a food service business that operates a restaurant and related food and beverage services. Through our Website located at cafe-starbirdchicken.rest, we offer the following services:

• Online Menu Browsing: Users may browse our current menu offerings, including food and beverage items, pricing, nutritional information (where available), and seasonal specials.
• Online Ordering: Users may place orders for pickup or delivery through the Website or through authorized third-party delivery platforms integrated into our service ecosystem.
• Reservations and Catering Inquiries: Users may submit requests for reservations, group dining, or catering services via our Website.
• Promotional Offers and Loyalty Programs: We may, from time to time, offer promotional discounts, coupon codes, loyalty rewards, or special event information accessible through our Website.
• Customer Support: Users may contact our customer support team through the Website for inquiries, complaints, or feedback related to our food and services.
• Informational Content: Our Website provides general information about our business, locations, operating hours, contact details, and company news.

We reserve the right to modify, expand, limit, or discontinue any aspect of our services at any time, with or without prior notice. Starbird Chicken does not guarantee the continuous, uninterrupted availability of any particular menu item, promotion, or service feature.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or submitting any form on our Website.
• Maintain the security and confidentiality of any account credentials, including usernames and passwords, and notify us immediately of any unauthorized access or suspected breach of security.
• Use our Website and services only for lawful purposes and in compliance with all applicable federal, state, and local laws, including but not limited to the laws of the United States.
• Respect the rights and privacy of other users and third parties when interacting with any community or review features on our Website.
• Comply with all applicable food safety regulations when picking up orders, including ensuring proper food handling practices after collection.
• Pay all amounts due for orders placed through our Website in a timely manner using an accepted payment method.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities when using our Website or services:

Violation of any of the above prohibitions may result in immediate termination of your access to our Website and services, cancellation of pending orders, and, where appropriate, referral to law enforcement authorities.

4. Intellectual Property Rights

All content available on or through our Website, including but not limited to text, graphics, logos, photographs, audio clips, digital downloads, data compilations, software, trade names, trademarks, service marks, product names, and any other proprietary materials (collectively, "Content"), is the exclusive property of Starbird Chicken or its licensors and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable statutes and regulations.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and its Content solely for personal, non-commercial purposes in connection with our food and restaurant services. This license does not include the right to:

• Reproduce, modify, distribute, display, or create derivative works based on our Content without prior written authorization;
• Use any meta tags or other hidden text utilizing our name or trademarks without our written consent;
• Frame or mirror any portion of our Website on any other website or platform; or
• Systematically download or store Website Content to create a collection, compilation, database, or directory.

Any unauthorized use of our intellectual property is a violation of these Terms and may also constitute a violation of applicable trademark, copyright, privacy, and other laws, which could expose you to civil and criminal liability. All rights not expressly granted in these Terms are reserved by Starbird Chicken.

If you believe that any content on our Website infringes upon your intellectual property rights, please contact us immediately at [email protected] with a detailed description of the alleged infringement so that we may investigate and take appropriate action.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes, including sales tax where required by law. Delivery fees, service charges, and gratuity (where applicable) will be disclosed prior to the completion of your order. We reserve the right to change pricing at any time without prior notice, provided that such changes will not affect orders that have already been confirmed.

5.2 Payment Methods

We accept the following forms of payment for online orders:

• Major credit and debit cards (Visa, Mastercard, American Express, Discover)
• Digital wallets and mobile payment platforms (as available)
• Gift cards or promotional credits issued by Starbird Chicken
• Other payment methods as may be made available from time to time

By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees. All payment transactions are processed through secure, PCI-DSS compliant third-party payment processors. We do not store your full payment card information on our servers.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. However, if your order is incorrect, significantly different from what was described, or if there is a demonstrable quality issue, please contact us immediately at [email protected]. We will evaluate each complaint on a case-by-case basis and may, at our sole discretion, offer a replacement, store credit, or partial refund. Orders may be cancelled without charge only if cancellation is requested before preparation has commenced.

5.4 Promotional Codes and Discounts

Promotional codes, discount offers, and loyalty rewards are subject to specific terms and expiration dates as communicated at the time of issuance. Promotional codes may not be combined with other offers unless expressly stated. We reserve the right to revoke any promotional offer in the event of fraud, abuse, or technical error.

6. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND ALL SERVICES, CONTENT, PRODUCTS, AND INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

STARBIRD CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied Warranties: Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• Accuracy: Any warranties that the information or content on our Website is accurate, complete, reliable, current, or error-free;
• Availability: Any warranties that our Website will be available, uninterrupted, timely, or free from errors, viruses, or other harmful components;
• Third-Party Services: Any warranties regarding the performance, reliability, or accuracy of third-party services, platforms, or applications linked to or integrated with our Website, including third-party delivery platforms;
• Nutritional Information: While we endeavor to provide accurate nutritional and allergen information, we make no warranty regarding the complete accuracy of such information due to variations in ingredients, preparation methods, and supplier changes. Users with dietary restrictions or food allergies should inquire directly with our staff before ordering.

Nothing in these disclaimers shall limit or exclude any liability that cannot be lawfully limited or excluded under applicable United States federal or state law, including consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.).

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STARBIRD CHICKEN, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, business opportunities, or anticipated savings;
• Loss of goodwill or reputation;
• Loss of data or information;
• Cost of procurement of substitute goods or services;
• Personal injury or property damage arising out of your access to or use of our Website or services;
• Any unauthorized access to or use of our servers or any personal information stored therein;
• Any errors, mistakes, inaccuracies, or omissions in any content on our Website;
• Any interruption or cessation of transmission to or from our Website.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF STARBIRD CHICKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS WHERE CERTAIN LIMITATIONS OF LIABILITY ARE NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL CASES, STARBIRD CHICKEN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS OR IN CONNECTION WITH OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID TO STARBIRD CHICKEN FOR THE SPECIFIC ORDER OR SERVICE GIVING RISE TO THE CLAIM DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Starbird Chicken and its affiliates, owners, officers, directors, employees, agents, contractors, licensors, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that the Indemnified Parties may incur or suffer arising out of or relating to:

• Your access to or use of our Website or services in violation of these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your infringement or misappropriation of any intellectual property right, privacy right, or other right of any third party;
• Any content you submit, post, or transmit through our Website, including any fraudulent, misleading, or harmful content;
• Your negligence, willful misconduct, or fraudulent conduct;
• Any dispute between you and any third party, including third-party delivery services or payment processors; or
• Any breach of your representations, warranties, or obligations under these Terms.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them, or to your use of our Website or services, shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Starbird Chicken operates, without regard to any conflict of law principles that would require or permit the application of the laws of any other jurisdiction.

You agree that any legal action or proceeding arising under or relating to these Terms that is not subject to mandatory arbitration as described in Section 10 shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

Our services and Website are operated from within the United States. We make no representation that the content or services are appropriate or available for use in other countries. If you access our services from outside the United States, you do so at your own initiative and are responsible for compliance with all applicable local laws.

These Terms shall be subject to applicable federal consumer protection regulations enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.), and to the extent you are a resident of California, your rights may also be governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) with respect to personal information, as further detailed in our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms or our services informally by contacting Starbird Chicken at [email protected]. We will use good faith efforts to resolve your concern within thirty (30) days of receiving your written notice. The notice must describe the nature of your claim and the relief you are seeking.

10.2 Binding Arbitration

If a dispute cannot be resolved through informal negotiation within the thirty (30) day period, you and Starbird Chicken agree to submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in English and shall take place in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND STARBIRD CHICKEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Exceptions to Arbitration

Notwithstanding the agreement to arbitrate, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm, including to protect intellectual property rights. Nothing in this Section shall be construed to limit either party's right to seek such relief in a court of law.

10.5 Small Claims Court

Either party may elect to bring an individual claim in small claims court if the claim qualifies under the rules of such court and is within the jurisdictional limits of the applicable small claims court, provided the matter remains in that court and proceeds on an individual (non-class) basis.

11. Term and Termination

11.1 Duration

These Terms of Service shall remain in full force and effect for as long as you access or use our Website or services, unless earlier terminated in accordance with the provisions set forth herein.

11.2 Termination by You

You may terminate your relationship with us and discontinue your use of our Website and services at any time by ceasing to access or use the Website. If you have created an account with us, you may request deletion of your account by contacting us at [email protected]. Please note that termination of your account does not relieve you of any payment obligations incurred prior to termination.

11.3 Termination by Us

We reserve the right, at our sole discretion and without liability to you, to:

• Suspend or terminate your access to our Website and services, with or without notice, for any reason, including but not limited to a breach of these Terms;
• Remove or disable any account, content, or feature at any time for any reason;
• Modify, suspend, or discontinue any aspect of our Website or services at any time.

11.4 Effect of Termination

Upon termination of these Terms or your access to our services, all licenses and rights granted to you under these Terms shall immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and 12 (Severability).

12. Changes to Terms

Starbird Chicken reserves the right to modify, update, or revise these Terms of Service at any time and for any reason, at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where required by applicable law or where we deem it appropriate, provide additional notice such as a prominent notification on our Website or an email to registered users.

Your continued access to or use of our Website or services following the posting of revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for any updates. If you do not agree with any revised Terms, you must immediately discontinue your use of our Website and services.

We will not retroactively apply changes to these Terms to disputes that arose before the effective date of the updated Terms, unless required to do so by applicable law.

13. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Starbird Chicken, including third-party food delivery platforms, social media networks, payment processors, and mapping services. These links are provided for your convenience and information only.

Starbird Chicken has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites or services. We do not endorse or make any representations about third-party websites or services. Your use of any third-party website or service is governed by that party's own terms and conditions and privacy policies, and we encourage you to review those documents carefully. We shall not be liable for any damages or losses arising from your use of any third-party website or service.

14. Food Safety and Allergen Notice

Starbird Chicken takes food safety seriously and strives to comply with all applicable federal, state, and local food safety regulations, including standards established by the U.S. Food and Drug Administration (FDA) and applicable state health departments. However, you acknowledge and agree that:

• Our food products are prepared in a commercial kitchen environment where common allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish, may be present.
• We cannot guarantee that any menu item is completely free from cross-contamination with allergens due to shared cooking equipment and preparation surfaces.
• Customers with food allergies, dietary restrictions, or specific health conditions should consult with our staff directly before placing an order.
• Nutritional and allergen information provided on our Website is for general informational purposes only and may not reflect exact values due to natural variations in ingredients and preparation.

By ordering from Starbird Chicken, you assume full responsibility for any adverse reactions resulting from failure to disclose known allergies or dietary restrictions to our staff prior to ordering.

15. Privacy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated herein by reference and forms part of these Terms of Service. Our Privacy Policy describes how we collect, use, store, and share your personal information. By using our Website, you consent to the collection and use of your information as described in our Privacy Policy. For users who are residents of California, additional rights may apply under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), as further detailed in our Privacy Policy.

16. Severability

If any provision or portion of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable under applicable law, that provision shall be deemed severed from these Terms to the minimum extent necessary to make the remaining Terms valid and enforceable. The invalidity or unenforceability of any particular provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

Furthermore, in the event that a provision is found unenforceable as written, the court or arbitrator is authorized to modify such provision to the minimum extent necessary to make it enforceable, consistent with the original intent of the parties as expressed in these Terms. The parties agree that any such modified provision shall be deemed a part of these Terms as if originally included herein.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any additional policies or agreements expressly incorporated herein, constitute the entire agreement between you and Starbird Chicken with respect to your use of our Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any default shall not constitute a waiver of any subsequent default. No waiver by Starbird Chicken of any term, condition, or provision in these Terms shall be deemed a further or continuing waiver of such term, condition, or provision or a waiver of any other term, condition, or provision.

18. Force Majeure

Starbird Chicken shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government-mandated closures or restrictions, strikes or labor disputes, supply chain disruptions, internet or telecommunications failures, power outages, civil unrest, terrorism, or any other event of force majeure. In such circumstances, our obligations under these Terms shall be suspended for the duration of the event, and we will make reasonable efforts to notify you and to resume normal operations as soon as practicable.

19. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of Starbird Chicken. Any attempted assignment in violation of this Section shall be null and void. Starbird Chicken may freely assign or transfer these Terms or any of our rights or obligations hereunder to any successor entity, including in connection with a merger, acquisition, sale of assets, or operation of law, without restriction and without notice to you. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

20. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, our services, or any aspect of your experience with Starbird Chicken, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries promptly and professionally.

For matters relating to disputes or legal notices, please ensure that all correspondence is submitted in writing to our email address above, with the subject line clearly indicating the nature of your inquiry (e.g., "Legal Notice," "Terms of Service Inquiry," "Dispute Notice").