TERMS & CONDITIONS
ResNet Communications Ltd Terms & Conditions These are the Terms and Conditions(“Terms”) of this web site, (the “Website”), which is brought to you by ResNetCommunications Ltd and its Restaurant Partners, (OHO to GO). By registering as a user of thisWebsite (“User” or “you” or “your”) or by placing an Order through this Website, you agree to be bound to these Terms.The user of this Website: Individuals who order from OHO(“Customer”). These Terms will use the word “Customer” or “you” or “your” to mean aCustomer. This Website provides Customers with information about OHO, and permits eachCustomer to place an order (each, an “Order”) for food or other things (the “Goods”) withOHO Restaurants, who fill the Order to the Customer (the “Service”).1. Registering withUs.a. Each Customer must provide the following information to register with us or to place an Order:-Name (no pseudonyms or made-up names). Email address.b. Each Customer must provide their own valid credit or debit card information when they choose to pay by credit card for the order online. c. Each Customer shall be given an alias (“User ID”) and password (“Password”) to access your account (“Account”) or you can login via social accounts including Facebook, Twitter etc. Unless and until you tell us otherwise, we will assume that any person using your Account is authorised to do so on your behalf.d. EachCustomer must be 18 years of age or older.e. We may, in our sole discretion, verify the information you provide to us. We may, in our sole discretion, restrict use of the Website until we verify your information.2. Orders, Cancellations & Refunds.All Orders are placed on the Website. b. After your Order has been transmitted to an OHORestaurant, the Restaurant may contact you regarding your Order at the email address or phone number you provided. If you do not confirm an Order or respond to the Restaurant, the Restaurant may cancel the Order, and the price will be refunded to your credit or debit card used to place the Order.c. If you cancel an order once it has been completed on the website, you may be charged the full amount for that order in the event that the reason for cancellation is outside the control of the restaurant and all other contractual obligations have been performed.d. If a refund is due for a mutually agreed reason, please email@example.com to request this. Refunds are issued within a reasonable timescale, and are normally processed within 3-10 working days.3. User Conduct.a. You agree to use theWebsite in a manner that is consistent with these Terms and compliance with all applicable laws and regulations.b. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or Website, except as expressly permitted by these Terms.c. You agree to comply with all local, state, provincial, country and/or regional laws that may be applicable to your use of the Website and your use of theInternet.d. By becoming a registered User, you consent to the inclusion of your data in our database. Your data includes records of all Orders requested through the Website.e. We may refuse Service, or restrict, suspend or terminate your Account at any time, for any reason or no reason, in our sole discretion. We may also use technical means to block Users or others from visiting or using the Website.f. You acknowledge that the Website (including but not limited to text, sound, photographs, graphics, pictures or other material contained in any communication, advertisements, or messages, whether by us or our advertisers or partners, including the Restaurants and software) are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use the Website and the Goods and Service as expressly authorised by us, our advertisers and partners, as the case may be.g. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or Service, either in whole or in part.h. ResNet Communications Ltd. reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing or other unlawful activity on the Website or otherwise.Furthermore, ResNet Communications Ltd. may disclose your contact and other information,
RESNET COMMUNICATIONS LTD., ITS AFFILIATES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS, AND THE RESTAURANTS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES ARISING OUT OF THE SERVICES, THE ORDERS,THE GOODS OR THE WEBSITE.b. RESNET COMMUNICATIONS LTD., ITS AFFILIATES,OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THE RESTAURANTS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT RESULT FROM USING THE SERVICES, ORDERS OR GOODS PROVIDED BY OR THROUGH THE WEBSITE, OR RELIANCE ON OR USE OF INFORMATION, SERVICES,ORDERS, GOODS OR SERVICES, WHETHER OR NOT PROVIDED ON OR THROUGH THE WEBSITE.c. YOU ACKNOWLEDGE AND AGREE THAT RESNET COMMUNICATIONS LTD., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS, AND THE RESTAURANTS NEITHER ENDORSE THE CONTENT OF ADVERTISEMENTS OR THIRD PARTIES’ WEB CONTENT, NOR ASSUME RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF MATERIAL CONTAINED THEREIN, OR ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM, OR ANY FRAUD OR OTHER LIABILITY FACILITATED THEREBY.d. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NEITHER OHO THAI FOOD GROUP. NOR ANY OF ITS USERS, SERVICE PROVIDERS,LICENSORS, OFFICERS OR EMPLOYEES, NOR ANY RESTAURANTS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, RESULTING FROM THE USE OR THE INABILITY TO PLACE THE ORDERS OR USE THE GOODS OR SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IFSUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.e.UNDER NO CIRCUMSTANCES SHALL RESNET COMMUNICATIONS LTD., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, ORTHE RESTAURANTS BE HELD LIABLE FOR ANY DELAY OR FAILURE OR DISRUPTION OF THE ORDERS OR SERVICES DELIVERED THROUGH THE WEBSITE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER, TELECOMMUNICATIONS OR ANY OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS,INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS,FIRES, FLOOD, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.f. RESNET COMMUNICATIONS LTD., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, ANDTHE RESTAURANTS SHALL NOT BE HELD RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, WHICH HINDER YOUR ACCESS TO THE WEBSITE OR THE SERVICES.7. Intellectual Property.By registering with or providing Content to the Website, you grant to us a non-exclusive, royalty-free, transferable, irrevocable and perpetual right to use and reproduce the information, data and content that you provide to us from time to time, such as dining feedback or reviews of Restaurants, other text, photographs, or graphics (collectively, “Content”) for use on the Website. We reserve the right, in our sole discretion, to refrain from displaying any Content on the Website. We may delete or dispose
of any Content at any time for any reason or for no reason.8. Copyright InfringementClaims.We are committed to complying with copyright and related laws, and we expect you and all other Users of the Website to comply with such laws as well. Using our Website to transmit (whether by email, uploading, posting, or otherwise) any information or items without the express permission of the owner of such information or items or to engage in any activity that infringes any copyright or any other right of a third party violates these legal provisions. You represent and warrant to us (a) that you own, or are otherwise lawfully authorised to use, any files, data, text, or other information that you may transmit to or through our Website, and (b) that any use of the files, data, text, or other information supplied by you does not violate these legal notices and will not cause injury to any person or entity. If you believe that your work has been copied on our Website, or any of our other systems or networks in a way that constitutes infringement under the Copyright Act, please provide the following information to us for receipt of notification of claimed infringement (to ensure that your notification complies with the requirement of the Digital Copyright Act):- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;- A description of the copyrighted work that you claim has been infringed;-A description of where the material that you claim is infringing is located on the Website;-Your address, telephone number, and email address;- A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. You may forward your copyright claim to: By Mail: RESNET COMMUNICATIONS LTD. Attn: ResNet Communications Ltd Beacon SouthQuarter, Sandyford, Dublin 18 By Phone: +353 1 444 1753 By E-mail:firstname.lastname@example.org Indemnification.You hereby agree to indemnify, defend and hold harmlessRESNET COMMUNICATIONS LTD., its affiliates, partners, officers and employees, and theRestaurants, from any and all allegations, losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from any use of the Website by you or any other person using your Account, including but not limited to any display of your information on theWebsite, the placing of any Orders, or from any breach of these Terms. You hereby further agree to defend, indemnify and hold RESNET COMMUNICATIONS LTD., its affiliates, officers and employees, and the Restaurants, harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from any breach of any representations and warranties made by you to RESNET COMMUNICATIONS LTD.10.General.a. RESNET COMMUNICATIONS LTD. and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.b. RESNET COMMUNICATIONS LTD.shall have the right to assign its obligations and duties under these Terms and/or in any agreement relating to the Services, Orders or Goods to any person or entity at any time.c.RESNET COMMUNICATIONS LTD. reserves the right to modify or replace these Terms, and such changes are effective upon posting on the Website. Your continued use of theWebsite after any changes to these Terms constitutes an affirmative acknowledgement that you agree to the current version of the Terms.d. RESNET COMMUNICATIONS LTD.reserves the right to modify some or all its functional features or discontinue the Service, theWebsite and other services with or without any notice to you. RESNET COMMUNICATIONS LTD. shall not be liable to You or any third party should it exercise its right to modify or discontinue the Website or the Service.11. UK RestaurantsAll prices listed for UK restaurants are in GDP/Sterling and the user will be charged in GDP/Sterling. All prices listed for IE restaurants are in EUR/Euro and the user will be charged in Euro.These Terms shall be governed by the law of the UK, without reference to any conflicts of law provisions. The Uniform Computer Information Transactions Act and the European Union Convention on Contracts for theInternational Sale of Goods shall not apply to these Terms.