Privacy Policy | Happy Kitchen

We value your privacy and are committed to protecting your personal information. This Privacy Policy explains how we collect, use, and disclose your information when you interact with our website and utilize third-party apps integrated with Wix. By using our website, you consent to the practices described in this policy.

Information Collection:- When you place an order or interact with our website, we may collect personal information such as your name, email address, phone number, and delivery address. This information is necessary to process your orders and provide the requested services. We may collect non-personal information about your interactions with our website, such as your IP address, browser type, and operating system. This information is used to analyze trends, improve our website, and enhance user experience.
Third-Party Apps:- To facilitate order processing and other functionalities, we integrate third-party apps provided by Wix. These apps may collect and process your personal information on our behalf. Please refer to the privacy policies of these third-party apps to understand their data collection and processing practices.
Data Storage and Security:- We store your personal information on secure servers provided by Wix and their trusted third-party hosting partners. They implement industry-standard security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. While we strive to protect your personal information, no data transmission over the internet or electronic storage system is 100% secure. Therefore, we cannot guarantee absolute security.
Information Usage:- We use your personal information to process your orders, provide customer support, and communicate with you regarding your orders. We may also use your information to send you promotional emails or messages about our products, services, or special offers if you have provided your consent. You can opt out of these communications at any time.
Information Sharing and Disclosure:- We do not sell, trade, or rent your personal information to third parties, except as necessary to fulfill your orders and provide our services. We may share your information with trusted third-party service providers who assist us in operating our website, delivering orders, or analyzing website usage. These providers are obligated to keep your information confidential.
Compliance with Laws:- We may disclose your personal information if required by law, court order, or governmental regulations to protect our rights or the safety of others.
Cookies and Tracking Technologies:- We may use cookies and other tracking technologies to enhance your browsing experience, personalize content, and analyze website traffic. You have the option to disable cookies through your browser settings, but this may limit some features of our website. External Links:- Our website may contain links to external websites. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review their privacy policies before providing any personal information.
Changes to the Privacy Policy:- We reserve the right to modify or update this Privacy Policy at any time. Any changes will be effective immediately upon posting the revised policy on our website.

If you have any questions or concerns about our Privacy Policy or the protection of your personal information, please contact us at "happykitchen.nyc@gmail.com".

TERMS & CONDITIONS

Section 1: Terms and Conditions of Use

Welcome to the Happy Kitchen website! These Terms of Use govern your access to and use of our website, including all content and services offered through it. By using our website, you agree to these terms. If you do not agree, please refrain from accessing or using our website. Please carefully read these Terms of Use before using our website. These terms apply to all users of the website. By accessing, browsing, or adding content to the website, you indicate your acceptance of these terms. To access and use our website, you must be at least 13 years old. If you do not meet this requirement, please do not access or use our website. We may modify or discontinue the website at any time and without notice. We also reserve the right to terminate a user's account if they violate any of these Terms of Use.

Section 2: Updates to the Terms of Use

We reserve the right to make changes to these Terms of Use ("Updated Terms of Use") at any time, at our sole discretion. We will notify you of any updates by posting the revised Terms of Use on the website. However, we are not obligated to individually inform you of these changes. The updated Terms of Use will become effective as soon as they are published. By continuing to access or use the website after the changes have been made, you are indicating your acceptance of the Updated Terms of Use.

Section 3: Accessing the Website and Account Security

We want to ensure a smooth and secure experience for all users of our website. Therefore, please take note of the following guidelines regarding access to the website and account security:

Website Availability: We strive to maintain uninterrupted access to our website. However, there may be instances when all or certain parts of the website are temporarily unavailable. We reserve the right to withdraw or modify the website or any of its services without prior notice. We will not be held liable for any resulting inconvenience or damages.
Your Responsibilities: To access the website, please ensure that you have made the necessary arrangements, such as a compatible device and internet connection. It is your responsibility to inform anyone using the website through your internet connection about our Terms of Use and ensure their compliance.
Providing Accurate Information: When requested to provide information on the website, please ensure that the details you provide are accurate, up-to-date, and complete. We rely on this information to deliver our services effectively.
Account Security: If you are provided with a username, password, or any other security information, please treat it as confidential and do not share it with others. Your account is personal, and you agree not to grant access to the website or any portion of it to anyone else. Should you suspect any unauthorized access or breach of security, promptly notify us. Additionally, make sure to log out of your account at the end of each session, especially when using a public or shared computer, to protect your personal information from unauthorized access.
Disabling of Accounts: We reserve the right, at our sole discretion, to disable or deactivate any username, password, or other identifier, whether chosen by you or provided by us, without prior notice, for any reason. This action may be taken if we believe you have violated any provision of our Terms of Use. By adhering to these guidelines, we can ensure the security and smooth functioning of our website.

Section 4: Intellectual Property Rights

The Happy Kitchen website, including all its contents, features, and functionalities, is the exclusive property of Happy Kitchen or its licensors and other providers. These materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Happy Kitchen reserves all rights to such intellectual property. You are not allowed to reproduce, distribute, modify, create derivative works, display, mirror, frame, scrape, extract, publicly perform, republish, download, store, decompile, disassemble, or transmit any part of the website or its contents, unless as follows: temporary storage in your computer's RAM while accessing and viewing the materials. Temporary caching by your web browser for display enhancement purposes. Printing or downloading a reasonable number of pages for personal, non- commercial use without further reproduction, publication, or distribution. You must not Modify copies of materials from this site. Use illustrations, photographs, videos, audio sequences, or graphics separately from the accompanying text. Delete or alter any copyright, trademark, or other proprietary rights notices from the materials. If you violate these terms by printing, copying, modifying, downloading, or using any part of the website without authorization, your right to use the website will immediately cease. At our discretion, you may be required to return or destroy any copies you have made. No ownership or interest in the website or its content is transferred to you, and all rights not expressly granted are reserved by the Company. Unauthorized use of the website may breach copyright, trademark, and other laws. We reserve the right to assert authorship of any content posted on the website and object to any unauthorized use, distortion, or modification of such content. The name of the restaurant, restaurant logos, images, appearances, décor, and style, along with related names, logos, product and service names, designs, and slogans, are registered and/or common law trademarks and service marks of Happy Kitchen or its affiliates or licensors. You are prohibited from using these marks without prior written permission from the Company. Additionally, you shall not use any keywords, metatags, hidden text, or equivalents that incorporate these marks. All other names, logos, product and service names, designs, and slogans on the website are trademarks of their respective owners. We take the protection of our intellectual property rights seriously. Therefore, we will take legal action against any unauthorized use or reproduction of our intellectual property, including the content, databases, and other information on the website, that violates copyright, trademark, and other laws at the state, federal, and international levels. This includes laws related to contracts, privacy, and publicity.

Section 5: Intellectual Property Infringement Complaints

If you believe that your intellectual property rights have been violated on our website, please contact us by sending a written notice to "happykitchen.nyc@gmail.com". We take intellectual property concerns seriously and will promptly investigate any allegations of infringement. Upon receiving a complaint regarding infringing information, materials, or content on our website, we will carefully assess the situation. In our sole discretion, we may decide to remove or request the removal of the alleged infringing material from the website. We are committed to maintaining the integrity of intellectual property rights and will take appropriate action to address any valid infringement claims. Please provide detailed information about the alleged infringement in your notice to help us investigate the matter thoroughly.

Section 6: Prohibited Uses

You may use the Website only for lawful purposes and per these Terms of Use. You agree not to use the website. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards outlined in the Terms of Use of applicable Service Partners, as defined in Section 7; To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website or which, as determined by us, may harm the Company or users of the Website or expose them to liability. Additionally, you agree not to: Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; Use any device, software, or routine that interferes with the proper working of the Website; Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; Otherwise, attempt to interfere with the proper working of the Website; or Use any search engine optimization techniques that are contrary to or in violation of the most current guidelines and acceptable practices published by industry- standard search engines, including, but not limited to, Google, Bing, Yahoo!.

Section 6: Prohibited Uses

Our Website is provided for your lawful use and enjoyment, subject to these Terms of Use. To ensure a positive experience for all users, you agree not to engage in any of the following prohibited activities:

Violating Laws: Using the Website in any way that violates applicable federal, state, local, or international laws or regulations This includes laws about data export and software usage.
Harm to Minors: Exploiting or attempting to harm minors by exposing them to inappropriate content or seeking personally identifiable information from them.
Non-Compliant Content: Sending, receiving, uploading, downloading, using, or reusing any material that does not meet the content standards outlined in the Terms of Use of our applicable Service partners
Impersonation: Impersonating the Company, its employees, other users, or any other person or entity, including the use of associated email addresses.
Conduct Limitations: Engaging in any conduct that restricts or inhibits the use or enjoyment of the Website by others or that may harm the Company, Website users, or expose them to liability, as determined by us,

In addition, you agree not to:

Website Interference: Using the Website in a manner that could disable, overburden, damage, or impair its functionality or interfere with others' use of the Website, including real-time activities Unauthorized Access: Using any automated means or manual processes to access, monitor, or copy materials from the Website without our prior written consent.
Disruptive Actions: Using any device, software, or routine that interferes with the proper functioning of the website
Malicious Content: Introducing viruses, worms, logic bombs, or other malicious material that could harm the Website or its users.
Unauthorized Access Attempts: Attempting to gain unauthorized access, disrupt, damage, or interfere with any part of the Website, its server, or any connected server, computer, or database.
Denial-of-Service Attacks: Launching a denial-of-service attack or distributed denial-of-service attack against the website.
Interference with the Website: Attempting to interfere with the proper working of the Website in any way.
Unethical SEO Techniques: Using search engine optimization techniques that violate the most current guidelines and acceptable practices established by industry-standard search engines, including Google, Bing, Yahoo!.

Please be aware that any violation of these prohibited uses may result in the termination of your access to the Website and may expose you to legal consequences. We encourage you to enjoy the Website responsibly and respectfully, ensuring a positive experience for all users.

Section 8: Monitoring and Enforcement; Termination

We have the right to take appropriate legal action, including involving law enforcement if there is any illegal or unauthorized use of the Website. We may also terminate or suspend your access to the Website, in whole or in part, for any reason, including if you violate these Terms of Use. Additionally, we may fully cooperate with law enforcement authorities or court orders that require us to disclose the identity or other information of individuals who post or access materials on the Website. By doing so, you agree to waive any claims and hold harmless the company, its affiliates, licensees, and service providers from any consequences resulting from such investigations or actions taken by these parties or law enforcement authorities. Please note that while we strive to review content, we cannot guarantee the immediate removal of objectionable material once it has been posted. We are not liable for any actions or inactions regarding transmissions, communications, or content provided by third parties. We do not assume responsibility or liability for the performance or nonperformance of the activities described in this section for anyone. We aim to ensure the safety and compliance of our Website, and these measures help us maintain a secure and trustworthy online environment.

Section 9: Reliance on Information Provided

The information presented on our website is intended for general informational purposes only. While we strive to ensure its accuracy, completeness, and timeliness, we cannot guarantee them. You should use this information at your own risk and exercise your judgment. We are not liable for any consequences or damages arising from your reliance on the information provided. Please note that our website may contain content from third parties, including users, licensors, and service providers. The opinions and statements expressed in such content are solely those of the respective individuals or entities. They do not necessarily reflect our views or opinions. We are not responsible for the accuracy or content of materials provided by third parties. It is important to exercise caution and conduct independent verification when relying on any information found on our website.

Section 10: Changes to the Website

We may occasionally update the content on our Website, including these Terms of Use, without prior notice. Please note that the information provided on the Website may not always be complete or up-to-date. Some of the material on the Website may be outdated, and we are not obligated to update it or notify you of any changes to the Terms of Use.

Section 11: Linking to the Website and Social Media Features

You are welcome to link to our website's homepages, as mentioned in Section 1 of these Terms. However, please ensure that your linking is fair, legal, and respectful of our reputation and ownership of the Website, its content, and its services. It is important not to create links or use framing that implies any association, approval, or endorsement from us without our prior written consent. The Website may offer social media features that allow you to: Link certain content on the Website from your website or select third-party websites. Share emails or other communications containing specific content or links to content on the Website. Display or appear to display limited portions of Website content on your website or certain third-party websites. You may use these features solely as provided by us and solely for the associated content. However, please refrain from: Establishing links to or from websites that you do not own charging for access to links leading to our website without our express consent.Collecting fees for placing orders on our websites or affiliate websites without our express consent. Engaging in link schemes or practices that violate the guidelines of industry-standard search engines. Taking any action regarding the Website materials that contradict any other provision of these Terms of Use. Please cooperate with us in promptly discontinuing any unauthorized framing or linking. We reserve the right to revoke linking permissions without prior notice. We may also disable social media features and links at our discretion and without notice.

Section 12: Links from the Website

The Website may contain links to other sites for your convenience. These links, including advertisements such as banner ads and sponsored links, are provided solely as a convenience to you. If you choose to visit any of the linked third-party websites, please be aware that you do so at your own risk. The terms and conditions of use for those websites will apply, and we have no control over their operations, content, or services. We do not endorse or guarantee the accuracy or quality of the content, services, or goods provided on those third-party websites. We are not liable for any damages or injuries resulting from accessing or using such websites, including any issues related to their content or privacy policies.

Section 13: Geographic Restrictions

The owner of the Website is located in the State of New York, United States. We want to clarify that the Website and its content may not be accessible or suitable outside the United States. It is possible that accessing the Website from other countries may be prohibited by local laws. If you choose to access the Website from outside the United States, you do so at your initiative and risk. You are solely responsible for complying with any applicable local laws in your jurisdiction.

Section 14: Terms of Sale and Release

When using certain sections of the Website to purchase items (the "Items") offered by the Company, it's important to understand the terms and conditions. Your use of the Website, including any transactions involving the purchase of Items, is done at your own risk. It is your responsibility to ensure that any transactions comply with applicable laws and regulations. The Company does not have any duty or obligation in this regard. By using the Website, you release the Company, its affiliates, licensors, service providers, and their respective officers, directors, employees, agents, and other representatives (collectively, the "Released Parties") from any claims or disputes arising from your use of the Website, the Items you view or purchase, or any transactions made through the Website. This release covers claims related to defects in the Items, representations, cancellations, returns, or any other issues. You acknowledge that the Released Claims include various legal claims arising from transactions related to the Website, such as breach of contract, negligence, product liability, and statutory claims. By using the Website, you understand that you are giving up all rights and claims against the Company and the Released Parties, whether known or unknown, now or in the future, that are in any way related to your use of the Website. Please be aware of these terms before using the Website and engaging in any transactions.

Section 15: Disclaimer of Warranties, Obligations, and Representations

We want to make it clear that we cannot guarantee or promise that files available for download from the internet or our website will be free of viruses or other harmful code. It is your responsibility to have proper measures in place for virus protection and to ensure the accuracy of data input and output. We will not be held liable for any loss or damage caused by viruses, distributed denial-of-service attacks, or other harmful materials that may infect your computer equipment, programs, data, or other proprietary material due to your use of our website or any services or materials obtained through it. Please be aware that your use of our website, its content, and any services or items obtained through the website is done at your own risk. Our website, its content, and any services or items obtained through the website are provided "as is" and "as available" without any warranties of any kind, either express or implied. Neither our company nor any person associated with the company makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the website. To clarify further, neither our company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted. We also do not guarantee that any defects will be corrected, that our site or the server making it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will meet your needs or expectations. We want you to have a clear understanding of these disclaimers and limitations before using our website and any associated services or materials.

Section 16: Limitation on Liability

We want to be transparent about the limitations of liability when it comes to your use of our website. We, along with our affiliates, licensors, service providers, employees, agents, officers, members, and directors, will not be held liable for any damages arising from your use or inability to use the website, linked websites, content, services, or items obtained through the website or linked websites. This includes any direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, emotional distress, loss of revenue, profits, business, or data. However, if we are found liable for any loss, damage, or cause of action related to our website policies, features, functionalities, or the purchase of a product through our site, our liability will be limited to the amount paid for the use or access of the website or the sale price of the specific product. Please note that some state laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations mentioned above may not be applicable, and you might have additional rights.

Section 17: Indemnification

You are responsible for defending and protecting the Company, its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents (collectively referred to as the Company') from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from your violation of these Terms of Use or your use of the Website. This includes any purchases you make, any external websites you visit through our Website, any transactions facilitated by the Website, any unauthorized use of the Website's content, services, or products, and any information obtained from the Website. In simpler terms, you agree to hold the Company harmless and cover any costs or damages resulting from your actions that breach these Terms of Use or your use of the Website. This includes any legal fees incurred by the Company to enforce this indemnification.

Section 18: Governing Law and Jurisdiction

This section outlines the laws and jurisdiction that apply to the Happy Kitchen website and any disputes related to it. By using our website, you agree to the following:

Governing Law: All matters concerning the website, its content, and these Terms of Use, including any disputes or claims (even non-contractual ones), will be governed by and interpreted per the internal laws of the State of New York, without considering any choice or conflict of law provisions or rules from the State of New York or any other jurisdiction.
Legal Proceedings: Any legal actions or proceedings arising from these Terms of Use or the use of the website will be exclusively brought in the Federal or state courts located in the State of New York. By using our website, you consent to the exclusive jurisdiction and venue of these courts. You also acknowledge that these courts and their location are a convenient forum for any legal matters, and you consent to their jurisdiction and venue. Please note that this section specifies the applicable laws and courts for resolving any disputes related to the website and your use of it.

Section of 19: Time Limit for Filing Claims

Please note that any legal action or claim arising from these Terms of Use or your use of the website must be initiated within one (1) year after the cause of action arises. After this period, the right to file such an action or claim is permanently barred.

Section 20: Waiver and Sever ability

We want to make sure you understand the following important points:- Waiver-If the company chooses not to enforce any part of these Terms of Use, it does not mean that we are giving up our right to enforce them in the future. Any failure to enforce a specific term or condition does not affect our ability to enforce that term or condition or any other terms or conditions outlined in these Terms of Use. Sever ability: If a court or other legal authority finds that any part of these Terms of Use is invalid, illegal, or unenforceable, that particular provision will be removed or limited to the extent necessary. However, the remaining provisions of these Terms of Use will still be valid and enforceable.

Section 21: Entire Agreement

The Terms of Use represent the complete and exclusive agreement between you and the Company regarding the use of the Website. They replace all previous and current understandings, agreements, representations, and warranties, whether written or oral, relating to the Website.

Section 22: Copyright Infringement Notification

If you believe that any content on our website infringes upon your copyrights, you can submit a notification according to the Digital Millennium Copyright Act (DMCA). Please provide the following information in writing to our email address, "happykitchen.nyc@gmail.com":

A physical or electronic signature of an authorized person acting on behalf of the copyright owner Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved.
Identification of the infringing material and sufficient details to locate it
Contact information, including address, telephone number, and email (if available).
A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner or the law.
A statement that the information provided is accurate and that you are authorized to act on behalf of the copyright owner.

Under applicable law, we may investigate the allegation and decide, at our sole discretion, to remove or request the removal of the infringing material from our website. We take copyright infringement seriously and will respond promptly to valid notifications. Please note that false claims may have legal consequences.

Section 23: Miscellaneous

Please take note of the following important information regarding the terms of use and your use of our website:

Notices: Any notices required by applicable law will be considered effective when we send an email to the address you have on file with us or when we publish the notice on the informational page(s) of our website.
Relationship with the Company: Your use of the website does not create a joint venture, partnership, employment, or agency relationship between you and the company. A printed version of the terms of use and related notices will be admissible in legal proceedings to the same extent as other business documents and records.
Misappropriation and Misuse: Any misappropriation or misuse of the content or information on our website will cause us irreparable harm. In such cases, monetary damages alone will not be sufficient compensation. By using the website, you consent to us seeking injunctive relief and other legal or financial remedies against you if you directly or indirectly misappropriate or misuse the content or information.
Contact Information: For inquiries, complaints, or information regarding orders, deliveries, and purchases, please contact us at "happykitchen.nyc@gmail.com".

By accessing and using our website, you acknowledge that you have read and accepted these terms of use. Your continued use of the website is subject to these terms.

Thank-you!

Happy Kitchen Team

HAPPY KITCHEN