Terms of use
Before using our services, please carefully review these Terms of Use. These terms are important and contain legal disclosures that affect the relationship between you and Karen’s Bistro LLC DBA CaramelCandyApples.com (also referred as “we,” “our,” or “us”) and your use of CaramelCandyApples.com website, mobile application, and services (collectively, the “Site”). These Terms of Use constitute a legal agreement between you and us regarding your use of the Site. By using our Site, you acknowledge that you have read and understood these terms, agree to the Terms of Use, and have the legal capacity to be bound by its terms. Our Site is available to persons over 13 years old. If you are between the ages of 13 years old and 18 years old, please obtain your parent or guardian’s permission to use the Site and review the Terms of Use with your parent or guardian. If you do not agree to these Terms of Use, do not use the Site.
IMPORTANT NOTICE
Please be aware the section below Titled “Dispute Resolution” contains provisions governing how claims you may have against CaramelCandyApples.com are resolved. It contains an arbitration provision and a waiver permitting you to only pursue claims and seek relief against CaramelCandyApples.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. By agreeing to these terms, you agree to the provisions of the Dispute Resolution Section. Please read it.
1. ABOUT CARAMELCANDYAPPLES.COM
CaramelCandyApples.com allows customers to order products and services through CaramelCandyApples.com website and mobile application. CaramelCandyApples.com complies with all applicable laws and safety regulations regarding your order and food preparation. You are advised to contact the company directly should you have any food allergens or questions about your order with the CaramelCandyApples.com.
2. USING CARAMELCANDYAPPLES.COM’S SITE
If you access CaramelCandyApples.com menus and offerings, and place orders as a Guest or through your social media account(s); we collect certain information from you when you place an order through the Site, including, but not limited to, your name, address, phone number, email address, or payment information. Additionally, if you login through your social media account(s), you understand that content that you have provided to and stored in your social media account may become available to us and consent to us having this information. By placing an order through the Site, you consent to us collecting your personal information and keeping it for as long as we deem necessary. You agree that the information you provide is true, accurate, and up-to-date, including all payment information.
CaramelCandyApples.com also partners with delivery service providers to deliver orders to you (when available and selected by
you). CaramelCandyApples.com may share certain information you provide to us with the delivery service providers to complete the delivery of your order. The delivery service providers are independent contractors who are not employed by CaramelCandyApples.com. Each delivery service provider controls the means and method in which its workers deliver orders. Your use of delivery service providers may be subject to the company’s terms of use. Please review the applicable delivery service provider’s terms for more information. CaramelCandyApples.com is not responsible for the services, acts, omissions, or representations of the delivery service providers.
3. PAYMENT
You pay for order(s) placed through the Site. When you place an order, you agree that we may immediately charge your credit card, Google Pay, Apple Pay, Venmo, PayPal, Bitcoin, or other financial account. You agree that all information you submit when you place an order will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend, terminate, or refuse current or future use of the Site.
All payments are non-refundable and final, unless we determine, in our sole discretion, an error was made in your order due to no fault of your own. If we determine an error was made, we may issue a refund or a CaramelCandyApples.com credit. If you have any questions regarding charges relating to your order, please contact us at info@karensbistro.com. If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
Your use of Google Pay, Apple Pay, Venmo, PayPal, and/or Bitcoin may be subject to the terms of use of each respective company. You should review them.
4. CARAMELCANDYAPPLES.COM INTELLECTUAL PROPERTY
The Site contains materials, such as software, code, text, graphics, images, and other materials (collectively, the “Materials”) owned by us or other parties. The Site and Materials are protected under applicable intellectual property laws of the United States and other jurisdictions, including, but not limited to, trademark, copyright, patent, and trade secrets. Provided you are eligible to use the Site and you comply with these Terms of Use, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site for your personal, non-commercial use.
5. YOUR OBLIGATIONS
By using our Site, you agree:
- You will not use the Site for any fraudulent purpose;
- You will not engage in criminal or tortious activity while using the Site;
- You will comply will all applicable laws while using the Site;
- You will not use the Site if you are under 13 years old;
- You will not use any automated means, data scraping, extraction, or other systematic data retrieval from the Site;
- You will not make any unauthorized use of the Site;
- You will not circumvent, disable, or otherwise interfere with the security of the Site;
- You will not deep-link or frame the Site;
- You will not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- You will not use the Site to compete with us;
- You will not harass, annoy, intimidate, or threaten any of our employees or agents in connection with using the Site or services provided;
- You will not make false or misleading statements about the Site or our services.
6. COMMUNICATIONS WITH CARAMELCANDYAPPLES.COM
We and our delivery service providers may communicate with you regarding your use of the Site or delivery of orders. By using our Site, you consent to receive communications from CaramelCandyApples.com, including phone calls, faxes, emails, SMS and MMS text messages, messages through electronic apps or platforms, and any other communications made by and on behalf of CaramelCandyApples.com that may relate to the Site, your order, delivery of your order (if applicable), or these Terms of Use.
You are also encouraged to contact us with any questions or feedback. Please do not send us any confidential information. If you contact us, you grant us a royalty-free, irrevocable, non-exclusive license to use any information you send us, whether feedback, questions, or other communication, for any purpose whatsoever, without contribution or compensation to you, that is not protected under intellectual property law or otherwise protected.
7. REVIEWS AND RATINGS
You may have the ability on the Site to leave reviews or ratings. Your reviews or ratings are subject to these Terms of Use. When posting a review, the following terms apply: (1) you had first-hand experience with the company being reviewed within 10 days of your review; (2) you are not affiliated with competitors of the restaurant; and (3) your post complies with these Terms of Use. You consent to CaramelCandyApples.com using your review(s) or rating(s) in connections with the Site and its services without notification or approval from you, and without contribution or compensation to you. We may remove any rating or review without notice if we determine the review or rating is false or misleading. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
7. TERMS FOR MOBILE APPLICATION USE
We make our services available via our mobile application. We grant you a revocable, non-exclusive, non-transferable right to install and use the mobile application on mobile devices owned or controlled by you. Your use of the mobile application must comply with these Terms of Use. All rights, title, and interest in the mobile application is maintained by us and any third-party code provider. We retain and reserve all rights in the mobile application not expressly granted herein. You agree to comply with all applicable laws relating to use of the mobile application.
You may use the mobile application on an Apple iOS or Android operating systems. As applicable, you use must comply with the Apple App Store or Google Play Store Terms of Service. Neither Apple nor Google is a party to these Terms of Use. Neither Apple nor Google is responsible for the mobile application, including maintenance, trouble-shooting, or any claims arising from your use of the mobile application. You understand and agree that Apple and Google are third-party beneficiaries of the mobile application section of these Terms of Use.
8. EXTERNAL WEBSITES
The Site may contain links to third-party websites (“External Websites”). These are provided as a convenience and are not an endorsement by us. We do not investigate, monitor, or verify the accuracy of External Websites. We are not responsible for and do not assume any liability for any content on the External Websites. You access the External Websites at your own risk and understand these Terms of Use do not govern your use of the External Websites.
9. PRIVACY POLICY
By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. The complete Privacy Policy can be found on this Site under “Privacy Policy.”
10. DIGITAL MILLENNIUM COPYRIGHT ACT
CaramelCandyApples.com respects the intellectual property rights of others. If you believe your copyrighted work has been copied or available on the Site, please immediately notify us at:
Karen’s Bistro LLC
3985 Parkwood Road
STE 109
Bessemer AL 35020
United States
info@karensbistro.com