Terms of Service

Please read these Terms of Service carefully before using the website located at cafe-starbird.click or any services offered by Starbird Chicken. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Starbird Chicken ("Company," "we," "us," or "our"), governing your access to and use of the website cafe-starbird.click (the "Website"), including all content, functionality, and services offered on or through the Website.

By visiting our Website, creating an account, placing an online order, subscribing to our newsletter, or using any feature of our digital or in-person services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age or have the legal capacity to enter into a binding contract under applicable law;
• You have the authority to enter into this Agreement on behalf of yourself or the entity you represent;
• Your use of the Website and services complies with all applicable federal, state, and local laws and regulations.

If you are using our Website or services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to both you individually and that entity.

2. Description of Services

Starbird Chicken operates as a food service business providing customers with the ability to browse our menu, place online food orders, schedule pickup or delivery, and engage with our brand through digital and in-person channels. Our services include, but are not limited to:

2.1 Online Ordering

We provide an online ordering platform through cafe-starbird.click that allows customers to browse our menu items, customize orders, select pickup or delivery options, and process payments electronically. Online orders are subject to product availability, operating hours, and applicable delivery zones.

2.2 Menu and Food Products

Starbird Chicken offers a variety of food and beverage products including chicken dishes, sides, sauces, and complementary menu items. All food products are prepared in accordance with applicable United States food safety regulations, including standards established by the U.S. Food and Drug Administration (FDA) and local health department requirements. Menu items, prices, and availability are subject to change without prior notice.

2.3 Loyalty Programs and Promotions

We may offer loyalty programs, promotional discounts, coupons, or special offers from time to time. These programs are subject to their own specific terms and conditions, which will be provided at the time of enrollment or offer. Promotional offers may be subject to expiration dates, geographic restrictions, and minimum purchase requirements.

2.4 Customer Account Services

Users may have the option to create an account on our Website to facilitate faster ordering, track order history, manage preferences, and access exclusive offers. Account creation is voluntary but may be required for certain features of the Website.

2.5 Catering and Special Orders

We may offer catering services for events, corporate functions, or large group orders. Catering services are subject to advance booking requirements, minimum order quantities, and additional terms communicated at the time of booking. Catering inquiries should be directed to [email protected].

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing orders;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or security breach;
• Use the Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances;
• Promptly update your account information to keep it accurate and current;
• Pay all charges and fees associated with your orders in a timely manner;
• Review all allergen and nutritional information made available by us before ordering if you have dietary restrictions or food allergies.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our Website or services:

• Fraudulent Activities: Submitting false, misleading, or fraudulent orders, payment information, or personal details; using stolen credit cards or payment methods; engaging in chargebacks or payment fraud;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other Users' accounts; using automated bots, scrapers, or other unauthorized means to access or collect data from the Website;
• Interference: Uploading or transmitting viruses, malware, or other harmful code; engaging in activities that interfere with, disrupt, or impair the functionality of the Website or our servers;
• Misuse of Content: Reproducing, distributing, modifying, or creating derivative works of any Website content without our prior written consent; using our intellectual property for commercial purposes without authorization;
• Harassment: Using the Website to harass, threaten, intimidate, or harm any individual, including our staff or other customers;
• Spam and Solicitation: Sending unsolicited commercial communications, chain letters, or spam through any feature of the Website;
• Resale: Purchasing our products for the purpose of unauthorized resale or commercial redistribution without prior written consent;
• Impersonation: Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Illegal Activities: Using the Website or services for any illegal purpose or in violation of any applicable law, regulation, or government order.

Violation of any of the prohibited activities listed above may result in immediate termination of your account, cancellation of pending orders, and potential legal action. We reserve the right to cooperate with law enforcement authorities in investigating suspected illegal activities.

4. Intellectual Property Rights

4.1 Ownership

The Website and all of its content, features, and functionality, including but not limited to text, graphics, logos, photographs, images, audio clips, video clips, digital downloads, data compilations, software, and the compilation and arrangement thereof, are owned by Starbird Chicken, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Trademarks

The name "Starbird Chicken," our logo, taglines, and all related names, logos, product and service names, designs, and slogans are trademarks of Starbird Chicken or its affiliates. You must not use any such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

4.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with ordering food products and services from us. This license does not include any right to:

• Modify, adapt, translate, or create derivative works based on any Website content;
• Sublicense, sell, rent, lease, transfer, assign, or otherwise exploit the Website or its content;
• Use any automated data collection methods, data mining, robots, or similar data gathering and extraction tools on the Website;
• Download (other than page caching) any portion of the Website or its content, except as expressly permitted by us.

4.4 User-Submitted Content

If you submit any reviews, comments, photographs, or other content to the Website or our social media platforms ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices for menu items displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices displayed are exclusive of applicable taxes unless otherwise stated. Sales tax will be calculated and added to your order total at checkout in accordance with applicable federal, state, and local tax laws.

5.2 Payment Methods

We accept the following payment methods for online orders: major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other electronic payment methods as indicated at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

5.3 Order Confirmation

Upon successful placement of your order, you will receive an order confirmation via email. This confirmation constitutes an acknowledgment that we have received your order but does not constitute acceptance of the order. We reserve the right to refuse or cancel any order at any time for reasons including product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you have concerns about the quality or accuracy of your order, please contact us at [email protected] within 24 hours of receiving your order. Refunds or credits may be issued at our sole discretion on a case-by-case basis. Delivery fees and tips, where applicable, may be non-refundable.

5.5 Third-Party Delivery Services

Where orders are fulfilled through third-party delivery platforms, the payment terms, refund policies, and service fees of those third-party providers will apply. We are not responsible for the payment policies or practices of third-party delivery services.

6. Disclaimers and "As-Is" Basis

6.1 Website Availability

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STARBIRD CHICKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Warranty of Accuracy

We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components, that defects will be corrected, or that the Website or the servers that make it available are free of harmful components. We do not warrant or make any representations regarding the accuracy, reliability, completeness, or timeliness of any content on the Website, including menu descriptions, nutritional information, allergen data, or pricing.

6.3 Food Allergen Disclaimer

While we make reasonable efforts to provide accurate allergen and nutritional information, our food products are prepared in facilities that handle common allergens including but not limited to wheat, eggs, dairy, soy, peanuts, tree nuts, fish, and shellfish. Cross-contamination may occur. Customers with severe food allergies should exercise caution and contact us directly at [email protected] before placing an order. We are not responsible for any adverse reactions resulting from failure to disclose dietary restrictions or allergies.

6.4 Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Starbird Chicken. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party websites you visit.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STARBIRD CHICKEN, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES;
• ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY DAMAGES ARISING FROM FOOD ALLERGIC REACTIONS WHERE ALLERGEN INFORMATION WAS MADE AVAILABLE BUT NOT REVIEWED BY THE CUSTOMER;
• ANY DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT ON THE WEBSITE;
• ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ALL CASES, STARBIRD CHICKEN'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

This limitation of liability reflects a fair allocation of risk and is an essential element of the basis of the bargain between you and Starbird Chicken.

8. Indemnification

You agree to defend, indemnify, and hold harmless Starbird Chicken, its affiliates, licensors, service providers, employees, agents, officers, directors, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or services in a manner not authorized by these Terms;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights;
• Your violation of any applicable federal, state, or local laws, regulations, or ordinances;
• Any User Content you submit, post, or transmit through the Website;
• Any misrepresentation made by you in connection with your use of the Website or services;
• Your negligence or willful misconduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate fully with our defense of such claims and not to settle any such claim without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and applicable state law, without regard to conflict of law provisions.

You agree that any legal action or proceeding relating to your access to, or use of, the Website or services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby consent to the personal jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts and to the venue of such courts.

In accordance with the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, we are committed to fair and honest business practices. Our food labeling and product descriptions comply with applicable FDA regulations under the Federal Food, Drug, and Cosmetic Act (FD&C Act). If you are a California resident, additional rights may be available to you under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), as detailed in our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will make good faith efforts to resolve the dispute within thirty (30) days of receipt of your written notice describing the nature and basis of the claim and the relief sought. If we cannot resolve the dispute informally within this period, either party may proceed to formal dispute resolution as described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND INCLUDES A WAIVER OF CLASS ACTION RIGHTS.

Except for disputes relating to the enforcement of our intellectual property rights or small claims court matters eligible under applicable rules, you and Starbird Chicken agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Website or services, shall be resolved by binding arbitration on an individual basis, rather than in court.

Arbitration shall be conducted by a nationally recognized arbitration organization under its applicable consumer arbitration rules. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding. Each party shall bear its own costs and fees, except as otherwise required by applicable law or the arbitration rules.

10.3 Class Action Waiver

YOU AND STARBIRD CHICKEN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

10.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin the infringement of intellectual property rights or to prevent irreparable harm pending the outcome of arbitration.

10.5 Opt-Out

You may opt out of the arbitration agreement by sending written notice to [email protected] within thirty (30) days of first agreeing to these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other provisions of these Terms shall continue to apply, and any disputes will be resolved in accordance with Section 9 (Governing Law and Jurisdiction).

11. Term and Termination

11.1 Term

These Terms of Service are effective upon your first access to or use of the Website and shall remain in full force and effect for as long as you continue to access or use the Website or maintain an account with us, unless earlier terminated in accordance with this Section.

11.2 Termination by You

You may terminate your account or discontinue use of the Website at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for orders already placed.

11.3 Termination by Us

We reserve the right to suspend or terminate your account and access to the Website, with or without notice, at our sole discretion, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Failure to pay for services or products ordered;
• Our decision to discontinue the Website or services;
• Any conduct that we determine, in our sole discretion, is harmful to other users, us, or third parties.

11.4 Effect of Termination

Upon termination, your right to access and use the Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

12. Changes to Terms

We reserve the right to modify, amend, or update these Terms of Service at any time in our sole discretion. When we make changes, we will:

• Post the revised Terms on the Website at cafe-starbird.click with an updated "Last Updated" date;
• Send an email notification to registered account holders at the email address associated with their account for material changes;
• Display a prominent notice on the Website for a reasonable period following material changes.

Your continued use of the Website or services after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must immediately cease using the Website and services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. The date of the most recent revision is always indicated at the top of this page.

13. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

In the event that any provision is found to be unenforceable, the parties agree that the court or arbitrator shall have the authority to modify such provision to the minimum extent necessary to make it enforceable, or to sever the unenforceable provision and replace it with a valid, enforceable provision that most closely reflects the original intent and purpose of the original provision.

No waiver by Starbird Chicken of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Starbird Chicken to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Starbird Chicken with respect to your use of the Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings with respect to the same subject matter.

14.2 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to by us in writing. No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.

14.3 Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without our prior written consent. We may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. These Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.4 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government actions, labor disputes, supply chain disruptions, power outages, or internet service provider failures. In such circumstances, we will make reasonable efforts to notify you and resume services as soon as practicable.

14.5 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or franchise relationship between you and Starbird Chicken. You are an independent party transacting business with us on an arm's-length basis.

14.6 Notices

All legal notices to Starbird Chicken under these Terms must be sent in writing via email to [email protected]. We may provide notices to you via email to the address registered with your account or by posting prominently on the Website. Such notices shall be deemed received upon sending (for email) or upon posting (for Website notices).

14.7 Accessibility

Starbird Chicken is committed to making our Website and services accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable accessibility standards. If you experience any difficulty accessing our Website or require accommodation, please contact us at [email protected] and we will make good faith efforts to assist you.

15. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, your use of the Website, or our products and services, please contact us using the information below:

Our customer service team endeavors to respond to all inquiries within two (2) to three (3) business days. For urgent matters relating to food safety, allergic reactions, or order emergencies, please indicate the urgency clearly in the subject line of your email.

For complaints that cannot be resolved informally through our customer service team, please refer to Section 10 (Dispute Resolution) for information on formal dispute resolution procedures.