Terms & Conditions
WELCOME TO TIANA CUISINE
Tiana Cuisine ., a Lagos corporation with its principal place of business at [10 Ojodu Abiodun Street, Ojodu Berger Lagos], (collectively, "the Company”) makes information, products and services available on Websites (each individually, the “Site”) and mobile applications (together, the “Services”), subject to the following terms of use (the “Terms”).
BY ACCESSING THE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE OR SERVICES.
“You” or “your” means you personally or any entity on whose behalf you access the Site. The Company reserves the right to change the information, products, services, prices, and promotions mentioned on the Site or Services at any time in its sole discretion.
Your use of the Site and Services may be subject to additional terms and conditions provided by the Company. Such additional terms and conditions include, but are not limited to, our Privacy Policy and the Additional App Terms of Use, found in Paragraph 14 below (the “Additional Terms”). If there is any conflict between the Additional Terms and these Terms, the Additional Terms shall prevail with respect to the subject matter of such Additional Terms.
The Company reserves the right to change these Terms, and provide you with notice of such change by posting the revised draft of the Terms on the Site or within the Services or by other reasonable means. You can determine when these Terms were last revised by referring to the “LAST UPDATED” line at the bottom of these Terms. Your continued use of the Site or Services after any changes to the Site or Services will indicate your acceptance of the changes and Terms.
The Company reserves the right to seek all remedies available by law and in equity for any violation of the Terms. Any rights not expressly granted herein are reserved by the Company. The Company may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction the Company chooses, in the Company‘s sole discretion.
1. Eligibility
If you are using this Site or the Services on behalf of a legal entity, you represent that you are authorized to accept these Terms on behalf of such entity. You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Site or the Services under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use this Site or the Services or transmit or otherwise submit personally identifiable information to the Company.
2. Terms Applicable to Legal Entities
The following terms and conditions apply specifically to any legal entity that is subject to these Terms: you agree to require each of your employees or agents to be bound by these Terms, and you agree to remain responsible and liable for all acts and omissions of your employees or agents in connection with the Site or Services.
3. Information Submitted Through the Site or Services
The information you submit to and through the Site or Services is governed by the Company's Privacy Policy, which is linked above. You represent and warrant that the information you provide in connection with your use of the Site or Services is true, accurate, and complete and will remain so for all incidents of use. You agree that if any information that you provide becomes false, inaccurate, obsolete or incomplete, the Company may terminate your access to and use of the Site or Services.
4. Registration: User Names and Passwords
You may be required to register with the Company in order to access certain areas of certain of our Sites or Services. Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of any password you may use to access such Site or Services and agree not to transfer your password or user name, or otherwise transfer your use of or access to the Site or Services, to any third party. You are fully responsible for all interaction with the Site or Services that occurs in connection with your password or user name. You agree to notify the Company immediately of any unauthorized use of your password or user name or any other breach of security related to your account or such Site or Services, and to ensure that you log off/exit from your account with the Site or Services (if applicable) at the end of each session. The Company is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Proprietary Rights
The information, logos, images and materials available through the Sites or Services, are the property of the Company and are protected by copyright and other intellectual property rights and laws. You may not use, copy, print, display, reproduce, publish, license, post, transmit, modify, distribute, or create derivative works of, the Site, Services or information or images posted thereon, without the express prior written authorization of the Company.
6. Disclaimer of Warranties
THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SITE OR SERVICES, ANY PRODUCTS AND SERVICES CONTAINED ON THE SITE OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. THE SITE, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7. Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, ANY PRODUCTS AND SERVICES AVAILABLE THROUGH A SITE, ANY PRODUCT, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE A SITE OR FROM ANY PRODUCT AND/OR OTHER CONTENT POSTED ON THE SITE BY THE COMPANY OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY TO ACCESS AND USE A SITE.
NOTHING IN THIS SECTION 7 SHALL LIMIT THE COMPANY‘S LIABILITY TO YOU FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAWS.
8. Links
SOME OF THE LINKS ON THE SITE OR SERVICES WILL LET YOU LEAVE THE SITE OR SERVICES. THE LINKED WEBSITES ARE NOT UNDER THE CONTROL OF THE COMPANY AND THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE. THE COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THE COMPANY OF ANY LINKED WEBSITES. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
9. Conduct
While using the Site or Services you will comply with all applicable laws and regulations. In addition, the Company expects users of our Site and Services to respect other users. Your use of the Site and/or Services is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to a Site. You agree that you will not post, transmit, or otherwise make available, through or in connection with any Site:
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Anything that is (a) threatening, harassing, degrading or hateful; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent or otherwise objectionable; or (e) protected by copyright, trademark or other proprietary right without the express prior consent of the owner of such right.
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Any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.
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Any virus, worm, Trojan horse or other computer code, file, or programme that is harmful or invasive or may or is intended to damage or hijack the operation of any hardware or software.
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Any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letter”, “pyramid scheme” or investment opportunity, or any other form of solicitation.
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Use the Site or Services for any fraudulent or unlawful purpose.
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Harvest or collect personally identifiable information about other users of the Site or Services.
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Impersonate any person or entity, including a representative of the Company; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that the Company endorses any statement you make.
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Interfere with or disrupt the operation of a Site or Services or the servers or networks used to make the Site or Services available.
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Restrict or inhibit any other person from using the Site or Services (including by hacking any portion of the Site or Services).
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Use the Site or Services to advertise or offer to sell or buy any goods or services without the Company's express prior written consent.
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Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Site or Services (including any content, product, service and other materials available through any Site).
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Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or Services, except as and solely to the extent expressly authorized under applicable law overriding any of these restrictions.
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Remove any proprietary rights notice, including copyright or trademark notices, from the Site or Services or content provided on the Site or Services.
10. Reviews and Comments
Users of the Site or Services may make statements, in the form or reviews or other comments, concerning the Site or Services or content thereon. The Company and its employees, officers, directors, shareholders, or agents, are not responsible for any opinions or statements made by third parties. The Company and its employees, officers, directors, shareholders, or agents are not responsible for any information or materials made available through such statements. Under no circumstances will the Company and its employees, officers, directors, shareholders, or agents, be liable for any loss or damage caused by any party‘s reliance on such statements.
11. Statements and Information Provided by You
By posting or transmitting content, including reviews and statements, to the Company (each, a “Submission”), you acknowledge that such Submission is yours and yours alone, is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to the Company a perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, right and license to use, reproduce, adapt, publish, and display (whether publicly or otherwise), transmit and distribute such Submission.
The Company reserves the right to alter, remove, or refuse to post any Submission and disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate any Site; to protect the Company and its employees, officers, directors, shareholders, or agents, and the Site's users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
12. Rules for Promotions
Any promotions (collectively, “Promotions”) made available through the Site or Services may be governed by rules that are separate from these Terms. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.
13. Additional App Terms of Use
The mobile application or “app”, included herein by use of the term “Services”, may include features and functionality in addition to that found on the Site, including: voice and email messages notifications sent to users‘ mobile devices to notify users as to order status, collection of order data, and tracking of information involving orders and user preferences. You hereby consent to the delivery of notifications due to your use of the Services. All collection of data is pursuant to our Privacy Policy, linked above.
14. Termination
The Company may terminate your access to the Site or Services if the Company believes that you have violated these Terms.
15. Governing Law and Forum
You agree to the non-exclusive jurisdiction of Lagos, or an appropriate federal court located in Berger Ojodu, Lagos for any action or claim arising out of or related to these Terms, without regard to applicable conflict of law provisions. The United Nations Convention on the International Sale of Goods is specifically excluded from these Terms.
16. Indemnification
You agree to defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a regulatory organization, state or federal securities agency or commission, (collectively, an “Action”) against Company and its employees, officers, directors, shareholders, or agents (each, an “Indemnitee”) to the fullest extent permitted by law arising out of or in connection with: (1) an assertion that the information, content, or other materials provided or made available by you, or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libellous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under these Terms; (3) your unlawful and/or unauthorized use of, or activities in connection with this Site, including the information, content, services, and/or products provided on the Site; and (4) any Submission provided by you to the Site or Services. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys' fees incurred in defending and/or resolving such Action. The foregoing indemnities shall survive expiration or termination of these Terms.
17. Claims of Copyright Infringement
If you believe in good faith that materials on the Site or Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the Digital Millennium Copyright Act. Notices and counter notices with respect to the forum should be sent to the Company at:
By Mail:
By Email: [support@tianacuisine.com]
18. Miscellaneous
These Terms and any Additional Terms contain the entire agreement between you and the Company with respect to the Site and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site or Services. Any failure to enforce any provision of these Terms or such Additional Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms or such Additional Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms or such Additional Terms and will not affect the validity and enforceability of any remaining provision.
19 Notices
Notices to the Company under these Terms shall be sufficient only if in writing and transmitted via personal delivery or delivered by a major commercial rapid delivery courier service or by certified or registered mail, return receipt requested, to:
[10 Ojodu Abiodun Street, Ojodu Berger Lagos]
Notices to you may be made via posting to the Site or Services, by e-mail, or by regular mail, in the Company's discretion.
Privacy Policy
WELCOME TO TIANA CUISINE
Tiana Cuisine, corporation with its principal offices at [10 Ojodu Abiodun Street, Ojodu Berger Lagos] (the “Company”, “we”, “us” and/or “our”), makes information, products, and services available, including on our Websites (the “Site(s)”), subject to the following Privacy Policy (the “Privacy Policy”). The Privacy Policy applies to all Company products and services, including any mobile applications that link to or display the Privacy Policy and/or the Site(s) (together, the “Services”). This Privacy Policy does not apply to third party websites or services, including those of restaurants doing business with the Company. This Privacy Policy is incorporated by reference into the Company‘s Terms of Service.
If you do not agree with the terms of this Privacy Policy, do not use the Site(s) or Services.
INFORMATION WE MAY COLLECT:
“Personal Information” means information that may be used to easily identify you, such as: your first and last name, street address, city, state, zip code, GPS location (for mobile applications), email address, phone number, fax number, Site user name, credit card information, and electronic signature. Personal Information does not include information that has been de-specified such that it does not allow a third party to easily identify you.
“Usage Information” means certain information that may not be readily used to identify you that we or our third-party service providers may collect through a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the Services. Usage Information may include, but is not limited to, food order data and history, gratuity amounts, delivery locations, browser type, device make, and operating system you are using, the URL that referred you to the Services, all of the parts of the Services with which you interact, the time you use the Services, how and on what device you use one of our mobile applications (an “App”) or other functionality of the App itself, and any third-party applications in which you use the Services. We may use such Usage Information, but if we associate Usage Information with your Personal Information, we will treat it as Personal Information.
HOW WE MAY COLLECT YOUR INFORMATION:
From You. We may collect Personal Information when you register for the Services, purchase products or services, subscribe to any communications from us, or voluntarily provide it to us in another manner.
Customer Support. We may collect Personal Information through your communications with our customer support team.
Social Media Connection. We may collect Personal Information from social media websites when you connect to any of your Company accounts using your social media account.
Automatic Data Collection. We and third parties that provide functionality for our Services may collect Usage Information by use of automatic data collection technologies such as cookies, server logs, and other technology. This Usage Information may be used to allow the Services to provide you with a customized user experience, such as to store past orders or past restaurants used and reviewed, and provide more relevant advertising.
HOW WE MAY USE YOUR INFORMATION:
Internal and Service-Related Usage. We may use information, including Personal Information, for internal and service-related purposes, and may provide it to third parties, such as restaurants and their drivers, to allow us or such third party to provide the Services.
Communications to Provide Service. We may use the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance.
Marketing. We do not rent, sell or share your Personal Information with non-affiliated people or companies, such as ad networks, for their direct or indirect marketing purposes, but we may use Personal Information and Usage Information for our own marketing purposes. We may use your Personal Information and other information to communicate with you by email, text messages, or push messages to provide you with information we think may be of interest to you. We will send you text messages only with your consent, which we will ask for at the time you provide us with your mobile telephone number, and you may opt out of emails by using the opt-out mechanism provided.
Aggregate Data. We may de-identify and aggregate data collected through the Services and use it for any purpose. This information will not identify you individually.
HOW WE MAY DISCLOSE YOUR INFORMATION:
Vendors and Service Providers. We may share any Personal Information or Usage Information we receive with vendors and service providers retained in connection with the provision of the Services.
Social Networking and Other Website Services. You may utilize the Services in connection with third-party services and social networking websites, such as Facebook and Twitter, in which case we may share information, including Personal Information, with such third parties. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose any information, including Personal Information, if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours‘, ours‘ or others‘ rights, property, or safety.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information, including Personal Information, may be transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.
With Your Consent. We may also disclose your Personal Information with your permission. Note that information you post to the Site(s), such as questions or reviews, may be publicly visible and we cannot be responsible for the privacy of any content you post to such spaces.
HOW WE SECURE YOUR INFORMATION:
We take steps to ensure that your Personal Information is treated securely in accordance with industry standards and with this Privacy Policy. The Internet cannot be guaranteed to be entirely secure, however, and therefore we cannot ensure or warrant the security of any information you provide to us or accept liability for unintentional disclosures.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system‘s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.
CHILDRENS‘ PRIVACY:
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Services is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at [10 Ojodu Abiodun Street, Ojodu Berger Lagos]. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child‘s account.
INTERNATIONAL TRANSFERS:
If you‘re located outside Nigeria and choose to provide your Personal Information to us, we may transfer your Personal Information to Nigeria and process it here. By providing your Personal Information, you consent to any transfer and processing in accordance with this Privacy Policy.
UPDATE YOUR INFORMATION OR POSE A QUESTION OR SUGGESTION:
If you have any questions or concerns about this Privacy Policy or the use of your information, or to modify or update any information we have received, please contact [support@tianacuisine.com].
LINKS TO OTHER SITES:
Our Site(s) may contain links to other web sites and services operated by third parties. The Company assumes no responsibility for the privacy policies, practices or information found on or through any third party websites.
BUSINESS TRANSITION INCLUDING MERGER OR ACQUISITION:
If the Company undergoes a business transition such as a merger, being acquired by another company, or selling a portion of its assets, your Usage Information and Personal Information may become part of the assets transferred.
CHANGES TO OUR PRIVACY POLICY AND PRACTICES:
Posting of Revised Privacy Policy. We may update this Privacy Policy to reflect changes in our business and to our information practices. If we make any change in how we use Personal Information, we will notify you by placing a prominent notice on the Services prior to the change becoming effective.*