Terms & Conditions
The following terms and conditions shall govern all use of the internet site, kungfuplaza.com website and all content, services and products available through the website, including, but not limited to, the customer area (collectively referred to as the “Site”). These terms and Conditions will also govern the behavior of the website visitor(collectively referred to as “User”).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site, order any product(s) or use any of our services. If these terms and conditions are considered an offer by KungFu Plaza Restaurant, acceptance is expressly limited to these terms http://www.kungfuplaza.com is available only to individuals who are at least 13 years old.
International Visitors and Users
This Website can be accessed from locations around the world. Kung Fu Plaza Restaurant makes no representations that our Website or the Materials available through it are appropriate for use at other locations outside the United States of America and the state of Nevada. Access to our Website from locations where our Website or any of its Materials are illegal is prohibited. If you access our Website from a location outside the United States, you are responsible for compliance with all local and or international laws.
Customer area account
You are responsible for maintaining the security of your customer area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify KungFu Plaza Restaurant in writing of any unauthorized uses of your account or any other breaches of security. KungFu Plaza Restaurant will not be liable for any acts or omissions by You, an agent acting on behalf of You, Your Spouse, or any immediate family member, and or household member, including any damages of any kind incurred as a result of such acts or omissions.
Contribution to website
If you leave comments anywhere on the Site, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:
- Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
- The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content
- The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
- The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals, entities, or governments foreign and domestic including the United States of America, nor does it incite the overthrow of such governments, and does not violate the privacy or publicity rights of any third party.
- The Content abides by all laws governing the State of Nevada, The United States of America, and all its governing territories and bodies.
- By submitting Content to KungFu Plaza Restaurant for inclusion on our Site, you grant KungFu Plaza Restaurant a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, KungFu Plaza Restaurant has the right (though not the obligation) to, in KungFu Plaza Restaurant sole discretion (i) refuse or remove any content that, in KungFu Plaza Restaurant reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in KungFu Plaza Restaurant sole discretion. KungFu Plaza Restaurant will have no obligation to provide any monetary compensation and or refund of any amounts previously paid under these circumstances.
What information do we collect?
We may collect personally identifiable information from you in a variety of ways, including but not limited to, information about your browsing activities, through online forms for ordering products and services, and other instances where you are invited to volunteer such information, including, but not limited to, when you register on our site, place an order on our site, browsing our site, or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, Paypal, or credit card information.
What do we use your information for?
Any of the information we collect from you may be used to personalize your experience, improve our website, improve customer service, process transactions, send periodic emails. The email address you provide for order processing, will only be used to send you information and updates pertaining to your order. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Payments and refunds
Responsibility of website visitors
By operating the Site, KungFu Plaza Restaurant does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, factual, useful or non-harmful. Any opinions expressed by contributors to the Site are solely theirs and do not represent the actual opinions and beliefs of Kung fu Plaza Restaurant, its affiliates, associates, or governing body. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. KungFu Plaza Restaurant disclaims any responsibility for any harm resulting from the use by visitors of the Site.
Do we disclose any information to outside parties?
We may at times barter, sell, trade, or otherwise transfer to outside marketing partners, your personally identifiable information, in order to provide products or services you've requested. This does include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other third parties for marketing, advertising, or other uses.
Copyright infringement and DMCA policy
As KungFu Plaza Restaurant asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify KungFu Plaza Restaurant in accordance with common DMCA (Digital Millennium Copyright Act) policies. KungFu Plaza Restaurant will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material in a reasonable amount of time. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of KungFu Plaza Restaurant or others, KungFu Plaza Restaurant may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination KungFu Plaza Restaurant will have no obligation to provide a refund of any amounts previously paid to KungFu Plaza Restaurant. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Third party links
Our site may contain links to third party sites. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. However, we seek to protect the integrity of our site, our brand KungFu Plaza Restaurant, and the integrity of this establishment and welcome any feedback about these sites.
This Agreement does not transfer from KungFu Plaza Restaurant to you any KungFu Plaza Restaurant or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely KungFu Plaza Restaurant. KungFu Plaza Restaurant logo, and all other trademarks, service marks, graphics and logos used in connection with KungFu Plaza Restaurant, or the Site are trademarks or registered trademarks of KungFu Plaza Restaurant KungFu Plaza Restaurant licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any KungFu Plaza Restaurant or third-party trademarks.
KungFu Plaza Restaurant reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes, which may include the act of clearing your browsers history, including the cache in order to display the most updated material from the server that our Site utilizes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. KungFu Plaza Restaurant may also, in the future, offer new services, products, and or features through the Site (including, the release of new products, material and resources). Such new products, material and or services shall be subject to the terms and conditions of this Agreement.
KungFu Plaza Restaurant may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a customer account, such account can only be terminated by KungFu Plaza Restaurant if you materially breach this Agreement and fail to cure such breach within 7 (seven) days from KungFu Plaza Restaurant notice to you thereof; provided that, KungFu Plaza Restaurant can terminate the Site immediately as part of a general shut down of our service, or routine maintainence. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of warranties
The Site is provided "as is". KungFu Plaza Restaurant and its suppliers and licensors hereby disclaim all warranties of any kind, express, written, or implied, including, without limitation, the warranties of merchantability, timeliness, fitness for a particular purpose and non-infringement. Neither KungFu Plaza Restaurant nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that it is your responsibility to ensure that the food order you create is complete, accurate, and meets your specific dietary and nutritional needs. If you have NOT experienced Asian food in the past including but not limited to Thai, Chinese, Indian, Vietnamese, and Japanese food products, it is highly recommended that you consult a physician before ordering, consuming our products, since it may that contain ingredients which includes but not limited to spices, herbs or any other exotic ingredients that might cause an unwanted Physical reaction, especially in our Spicy products. We are not liable or responsible for any lost or stolen products once ownership has been transferred. Upon using our services, we give no representations or warranties, express or implied, that the use of our service is complete, accurate or free from errors or omissions.
Limitation of liability
In no event will KungFu Plaza Restaurant, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to KungFu Plaza Restaurant under this agreement. KungFu Plaza Restaurant shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. KungFu Plaza Restaurant shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.
General representation and warranty
You agree to indemnify and hold harmless KungFu Plaza Restaurant, Far East Food & Entertainment Inc its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between KungFu Plaza Restaurant and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of KungFu Plaza Restaurant, or by the posting by KungFu Plaza Restaurant of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the United States of America, and the state of Nevada. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; KungFu Plaza Restaurant may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Changes to our terms and privacy policies
From time to time Kung Fu Plaza Restaurant may make changes and or adjustments to this policy. Changes will be made at our sole discretion. Site's users are encouraged to check this policy for such changes. Your continued use of this site following changes to this policy constitutes your acceptance of the changes.
You may Contact us in writing by Postal Mail to:
Kung Fu Plaza Restaurant 3505 S. Valley View Blvd. Las Vegas, NV 89103 U.S.A.
For an immediate response, Please call us at:
(702)-247-4120 between 11:00 am to 11:00 pm PST seven days a week.
Any questions about this policy should be addressed to us via our contact form.
These terms of service have been last modified on March 28th, 2012