IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”) RELATING TO USE OF THE ON-LINE SERVICES OF CENTURY CAPITAL LTD (“TEXAS CHICKEN’S”, “WE”, “OUR” OR “US”). THEY CONTAIN LIMITATIONS ON TEXAS CHICKEN’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

 

By installing, accessing or using the mobile app, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service, (“Texas Chicken™’s”, “we”, “our” or “us”) in Pakistan. These Terms of Use govern your use of the Texas Chicken™ Online Services, which includes the programs, offers, content, information, services, and features made available through the Texas Chicken™ Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the Texas Chicken™ Online Services.

We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the Texas Chicken™ Online Services, along with the date on which it was most recently updated. Your continued access to or use of the Texas Chicken™ Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.

The online services are not intended to be used by, or targeted to, anyone under the age of 16. You must be at least 16 years old to use the online services. If you are at least 16 but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.

If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that Texas Chicken™ close any online services account that you have created. You can request account deletion by sending an email to info@texaschickenpk.com, please include the email address of the account that you want deleted.

Texas Chicken is the exclusive licensee of the intellectual property used in the online services that belongs to its franchisor and licensor, Cajun Global LLC (“Cajun”)

  • 1. About the online services.

    Availability of products and services. Texas Chicken™ products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.

    Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE ONLINE SERVICES WHILST DRIVING OR WHILST BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.

    You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. Texas Chicken™ does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.

    Texas Chicken™ right to update or terminate the online services. You understand and consent that (with or without notice) Texas Chicken™ may update, modify or terminate the online services (or your access to them) from time to time, including pushing updates to (or removing functionality or access from) any Texas Chicken™ mobile app that you have installed on your device

    Texas Chicken™ may also update these terms at any time and at its sole discretion. If Texas Chicken™ makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms on online services. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Texas Chicken™ close any online services account that you have created. To close your account, you can email us at info@texaschickenpk.com.

    How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section on the online services or you can always send us an email at info@texaschickenpk.com.

  • 2. Online Order Terms.

    By using or reading any page on (Mob App) (collectively, "Sites"), you agree to the terms and conditions contained therein, namely, the Web Order Terms, Website Terms and Privacy Policy (collectively, "Terms & Conditions"). If you do not agree, you should not use the Sites.

    • To facilitate order processing, condiments are assigned based on a standard allocation. Additional condiments/sauces may be charged as displayed on the website.
    • Cash payment shall be made at point of delivery of food. We are unable to provide a refund, or accept a change or cancellation or an order made, once the order has been confirmed or payment has been made.
    • Although we will try our best to deliver your food orders within the indicated timeframe, to help ensure the safety of our Texas Chicken™ riders, delivery times may be affected due to bad weather and/or traffic conditions. No liability shall attach as a result of any such delay.
    • Texas Chicken™ delivery service is subject to availability. We reserve the right to reject any order
    • The Web Order Terms, and any disputes arising from the Web Order Terms, shall be governed by Pakistan law. You agree to submit to the exclusive jurisdiction of the courts of the Pakistan regarding any such dispute.

    We may vary the Web Order Terms from time to time and any use or continued use of the Site shall be deemed acceptance of these Web Order Terms. These Web Order Terms, together with the Website Terms, the Privacy Policy and any other policies which you may consent to, constitute the entire agreement between you and ourselves with respect to your use of the Site.

    Century Capital will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. Century Capital will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence of Century Capital or an authorized Century Capital representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Century Capital total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.

  • 3. Our information practices and communications with you.

    Texas Chicken™ Privacy Statement. These terms incorporate Texas Chicken™’s Privacy Statement as part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.

    How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from Texas Chicken™. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Texas Chicken™. Texas Chicken™ may use the information you have provided to us to communicate with you in accordance with Texas Chicken™ Privacy Statement

    Opting out of communications generally. You have a choice on how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Whilst we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from other developmental licensees or partners of Texas Chicken™ Corporation, or from Texas Chicken™ Corporation itself, then you will need to opt out from them directly.

    Additional information on text messages. When you opt in to any of our text message programs, you understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code or visit info@texaschickenpk.com.

  • 4. Offers

    You have the possibility of receiving offers through the online services. The following general terms apply to the offers: (1) the offer may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times); (3) unless otherwise stated each offer expires on redemption; (4) only one offer can be used per restaurant visit; (5) offers are not transferable; and (6) there is no cash alternative. In addition there may be specific terms that apply to the offer which are stated on the app next to the offer. Not all offers may be combined with orders.

    About the products in the online services. All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country and the season of the year.

    About the prices in ordering. Prices include local taxes and government fees as required under the law of Pakistan including VAT from the date of implementation of that tax in Pakistan. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of the product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.

    Refunds and your consumer rights. If you desire to seek a refund for any reason, including if the products are unsatisfactory or for other reasons, please contact the restaurant where you purchased the product regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.

  • 5. Ownership and Licenses for the online services

    Texas Chicken™ intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of Texas Chicken™ or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Texas Chicken™ or its licensors’ rights.

    Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Texas Chicken™ reserves all other rights.

    Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Texas Chicken™ or licensors. The following trademarks used herein are owned by Century Capital and its affiliates: (please mention if any are available)

    The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

  • 6. User submissions and unsolicited ideas

    User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Texas Chicken™ through the online services (together, “submissions”). You understand that by submitting any information to Texas Chicken™ through the online services, you grant Texas Chicken™ a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Texas Chicken™ will not be required to treat any submissions as confidential

    Unsolicited ideas. It is Texas Chicken™’s policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Texas Chicken™, we’re unable to review new ideas from outside the Texas Chicken™’s system. You expressly waive any and all claims against Texas Chicken™ and Members of the Texas Chicken™ System in connection with Texas Chicken™ consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future. Please see Texas Chicken™ FAQs for more information.

  • 7. Acceptable uses and restrictions for the online services.

    Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:

    • a) Use the online services for any purpose that is unlawful or prohibited by these terms;
    • b) Delete or change any copyright, trademark, or other proprietary notices;
    • c) Attempt to obtain ownership or title to the online services, including the content;
    • d) Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
    • e) Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
    • f) Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
    • g) Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations;
    • h) Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
    • h) Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;

  • 8. Limitations on liability and disclaimers.

    Limitations on Texas Chicken™’s liability. NEITHER TEXAS CHICKEN NOR ANY OTHER MEMBERS OF THE TEXAS CHICKEN SYSTEM SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT TEXAS CHICKEN’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY TEXAS CHICKEN’S OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. Texas Chicken™ reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

    Texas Chicken™ provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. TEXAS CHICKEN PROVIDES THE ONLINE SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TEXAS CHICKEN DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TEXAS CHICKEN DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST Texas Chicken™ AND ALL OTHER MEMBERS OF THE Texas Chicken™ SYSTEM FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

    Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Texas Chicken™ does not endorse and is not associated with any of these third party services. Texas Chicken™ HAS AND ALL OTHER MEMBERS OF THE Texas Chicken™ SYSTEM HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.

    Events beyond our control. TEXAS CHICKEN AND OTHER MEMBERS OF THE TEXAS CHICKEN SYSTEM HAVE NO RESPONSIBILITY for TEXAS CHICKEN’S FAILURE TO PERFORM any of ITS obligations under these terms caused by or related to any event beyond Texas Chicken™’s reasonable control. If such an event occurs, then Texas Chicken™’s obligations under these terms will be suspended for the duration of the event; and Texas Chicken™ may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

  • 9. Apple Applications

    These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through Apple application (“Apple Application”), you also acknowledge and agree:

    • Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact Texas Chicken™, not Apple, using the above Support Services details;
    • except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and Texas Chicken™ (and not between you, or anyone else, and Apple);
    • except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and Texas Chicken™ (and not between you, or anyone else, and Apple

    If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.

  • 10. Miscellaneous.

    · Texas Chicken™ makes no representation that the online services are appropriate or available worldwide (please specify whether or not it is and/or if its availability is restricted to certain countries). If you use the online services from other locations you are responsible for compliance with applicable local laws.

    These terms will be governed and interpreted pursuant to the laws of Pakistan notwithstanding any principles of conflicts of law.

    Although these terms govern the online services as between Texas Chicken™ and you only (and although Apple is not a party to , and no other Members of the Texas Chicken™’s System are parties to, these terms), Apple and other Members of the Texas Chicken™ System are third party beneficiaries under these terms and will have the right to enforce against you those rights that Texas Chicken™ holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.

    The terms are written in English and Arabic. Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between any translations, the English version controls.

    Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities

    This is the entire agreement between the parties relating to the use of this site. Terms and Conditions could be revised at any time by updating this posting.

    Texas Chicken™ products and services are available in many parts of the world. However, the Texas Chicken™ site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Texas Chicken™ Pakistan. Texas Chicken™ Pakistan is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Texas chicken Pakistan.

    On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all of rights of Texas Chicken™ and other Members of the Texas Chicken™’s System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well all restrictions on use, all limitations on liability and disclaimers

    Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.

    If Texas Chicken™ fails to insist that you perform any of your obligations under these terms, or if Texas Chicken™ does not enforce its rights against you, or delays in doing so, that will not mean that Texas Chicken™ has waived its rights against you and will not mean that you do not have to comply with those obligations.

    Texas Chicken™ may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Texas Chicken™ agrees in writing

  • 11. Links to Other Sites.

    We may offer links to sites that are not operated by Century Capital. If you visit one of these linked sites, you should review their privacy and other policies. We are not responsible for the policies and practices of other companies, and any information you submit to those companies is subject to their privacy policies.

  • 12. Other Texas Chicken™ Web Sites

    All Texas Chicken™ web sites will adhere to this privacy policy. The policies of some Texas Chicken™ sites may vary, however, because of local customs, practices or laws or due to circumstances unique to that site.

  • 13. Franchisee Web Sites

    Many Texas Chicken™ restaurants are owned and operated by franchisees, who are independent businessmen and women. Some franchisees also operate web sites. In many cases, franchisee sites follow this privacy policy. However, please review the privacy policy of each site to determine the privacy policies of that site.

  • 14. Termination.

    Century Capital or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Century Capital sites, and (b) all related documentation and all copies and installations (together the "Materials"). Century Capital may terminate this agreement immediately without notice if it finds, in its sole judgment, that you have breached any term or condition of this agreement. Upon termination, you must destroy all Materials.

  • 15. Changes to our Privacy Policy

    Century Capital or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Century Capital sites, and (b) all related documentation and all copies and installations (together the "Materials"). Century Capital may terminate this agreement immediately without notice if it finds, in its sole judgment, that you have breached any term or condition of this agreement. Upon termination, you must destroy all Materials.