Terms and Conditions of Use (UK)
Legal Notice: Terms and Conditions of Use
Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using any CFA Online Services
These Terms and Conditions of Use (“Terms and Conditions of Use”) apply to your access to, and use of, any Chick‑fil‑A (UK) Ltd. (“Chick‑fil‑A”) website and online service or program where these Terms and Conditions of Use are posted or linked (“CFA Online Services”). These Terms and Conditions of Use are a legal and binding agreement between you and Chick‑fil‑A, and, as applicable, its subsidiaries, affiliates, and related entities (“Affiliates”) (Chick‑fil‑A and its Affiliates are referred to herein, as the context may require, as “we”, “us”, or “our”). These Terms and Conditions of Use govern your use of the CFA Online Services, which includes the programs, offers, content, information, services, and features made available through the CFA Online Services. By downloading, accessing, or using the CFA Online Services, you acknowledge that you have read and agree to be legally bound by the Terms and
Conditions of Use. If you do not agree to these Terms and Conditions of Use, then you may not access or use the CFA Online Services. Your use of the CFA Online Services is at your risk. If you are dissatisfied with the CFA Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the CFA Online Services.
Modifications to These Terms and Conditions of Use
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 CFA Online Services, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms and Conditions of Use. Your continued access to or use of the CFA 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.
Use of CFA Online Services
The CFA Online Services and all content, information, and other materials featured, displayed, contained, and available on the CFA Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, “Materials”) are owned by or licensed to Chick‑fil‑A and its Affiliates and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the CFA Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the CFA Online Services or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
You agree to abide by all additional terms, conditions, and restrictions included within the CFA Online Services, the Materials, and/or the programs, features, and services.
Subject to applicable law, Chick‑fil‑A may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any CFA Online Service, or any portion thereof; (2) change, revise, or modify the CFA Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the CFA Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the CFA Online Services, in whole or in part ; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.
User Conduct
You agree to use the CFA Online Services, the Materials, and the programs, features and services in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to, without limitation:
- modify, adapt, translate, or reverse engineer any portion of the CFA Online Services or the Materials;
- use the CFA Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- use the CFA Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
- frame or mirror any portion or feature of the CFA Online Services;
- use the CFA Online Services or any feature for the purposes of sending, uploading, posting, displaying, or transmitting commercial electronic messages, including advertisements, chain letters, spamming, junk mail, solicitations, or any other promotional materials;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the CFA Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the CFA Online Services or the Materials; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the CFA Online Services;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the CFA Online Services or with any other person’s use or enjoyment of the CFA Online Services;
- transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
- circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Chick‑fil‑A;
- forge headers or otherwise manipulate identifiers;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Chick‑fil‑A, its Affiliates, or any other person or entity.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the CFA Online Services, the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.
Submissions
We do not intend to accept or receive any materials, remarks, suggestions, ideas, photos, stories and/or other information communicated or submitted to us through CFA Online Services, via phone, or otherwise (“Submissions”). Such Submissions will be considered non-confidential and non-proprietary.
Programs and Promotions
Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, “Promotions”) made available through the CFA Online Services may be governed by rules and/or terms that are additional to these Terms and Conditions of Use. By participating in any such Promotion, you will become subject to any such additional Promotions terms. Chick‑fil‑A urges you to read the applicable Promotions terms.
Trademark Information and Ownership of Intellectual Property
Chick‑fil‑A® and Eat Mor Chikin® are registered service marks of CFA Properties, Inc. (“CFA Properties”) in the European Union. Chick‑fil‑A is a licensee of CFA Properties. The absence of a trademark notice or legend indicating the registration or ownership by CFA Properties anywhere in the text of the CFA Online Services does not constitute a waiver of CFA Properties’ trademark or other intellectual property rights concerning that trademark or service mark used or referenced on the CFA Online Services.
The CFA Online Services, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the CFA Online Services (collectively, the “Chickfil-A Intellectual Property”) are owned by or licensed to CFA Properties, Chick‑fil‑A, or others with all rights reserved unless otherwise noted. We do not permit third parties to use Chick‑fil‑A Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.
Nothing contained on the CFA Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Chick‑fil‑A Intellectual Property without our prior express written permission. You are strictly prohibited from using any Chick‑fil‑A Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that CFA Properties and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Electronic Communications
When you visit the CFA Online Services or, you are communicating with us electronically and you agree that we may respond to you electronically. We will communicate with you about these Terms by posting notices on the CFA Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.
No Warranties
Except where prohibited by law, Chick‑fil‑A makes no representations or warranties regarding the CFA Online Services and the Materials.
WE DO NO WARRANT THAT THE CFA ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE DO NO WARRANT THAT THE CFA ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE CFA ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THE CFA ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE CFA ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitations of Liability
IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE CFA ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE CFA ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR THE LIMITATION OF LIABILITY IN CONTRACTS, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
Indemnification
You agree to indemnify, defend, and hold harmless Chick‑fil‑A, its Affiliates, its Providers, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your (or anyone acting under your password or username) activities in connection with the CFA Online Services, and the Materials, programs, offers, features, and services made available through the CFA Online Services.
International Users and Choice of Law
The CFA Online Services are controlled, operated, and administered by us and our service providers from offices within the United Kingdom and United States. We make no representation that Materials on the CFA Online Services are appropriate or available for use at other locations outside of the United Kingdom and United States, and access to them from jurisdictions or territories where their contents are illegal is prohibited. You may not use the CFA Online Services or export the Materials in violation of applicable export laws and regulations. If you access the CFA Online Services from locations outside of the United Kingdom or United States, you are responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by, and construed in accordance with, the applicable laws of England and Scotland, and any dispute, proceedings or claim shall be heard within the jurisdiction of your residence.
No Agency Relationship
Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the CFA Online Services, create any partnership, joint venture, employment, or other agency relationship between Chick‑fil‑A, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.
Violation of these Terms and Conditions of Use and Remedies
You agree that Chick‑fil‑A may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the CFA Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. Subject to applicable law, you also agree that (i) any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Chick‑fil‑A; and (ii) monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If Chick‑fil‑A takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable legal and attorneys’ fees and costs of such action, in addition to any other relief granted to Chick‑fil‑A. You agree that Chick‑fil‑A will not be liable to you or to any third party for termination of your access to the CFA Online Services as a result of any violation of these Terms and Conditions of Use.
Entire Agreement, Claims Limitations, and Severability
These Terms and Conditions of Use, together with any other applicable terms included within the CFA Online Services, and/or the Materials, programs, offers, features, and services made available through the CFA Online Services, as each is currently posted on the CFA Online Services, constitute the entire agreement between us and you with respect to your use of the CFA Online Services and the Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Subject to applicable law, any cause of action you may have arising out of or relating in any way to the CFA Online Services must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, an arbitrator or a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.
Last Updated
Terms and Conditions of Use last updated on October 1, 2019.