Terms and Conditions for Nobu’s Online Services (USA)
Last updated: March 23, 2018
IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”). THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON NOBU’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Nobu Group , which controls and operates the online services from its headquarters at 40 West 57th St, Suite 320, New York, NY 10019. By accepting these terms, you also understand and consent to Nobu’s Privacy Statement, which is incorporated into, and part of, this agreement. Our Privacy Statement describes how we collect, use and share information.
By accepting these terms, you understand and agree that, as stated in Section 9, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.
The online services are not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the online services. If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that Nobu close any online services account that you have created. You can request account deletion by sending an email to email@example.com; please include the email address of the account that you want deleted.
1. About the online services.
Availability of products and services. Nobu’s products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide.
Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE ONLINE SERVICES WHILE DRIVING OR WHILE BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. Nobu does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone OS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.
Nobu’s right to update or terminate the online services. You understand and consent that (with or without notice) Nobu may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Nobu mobile app that you have installed on your device.
Updates to these terms. Nobu may also update these terms at any time and at its sole discretion. If Nobu makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Nobu close any online services account that you have created. To close your account, you can email us at firstname.lastname@example.org.
Links to job opportunities from the online services. Nobu and all restaurants are equal opportunity employers committed to diverse workforces. The online services may provide links to job opportunities posted by Nobu or restaurants. These opportunities are with the restaurant alone and not with Nobu Group. This means that the restaurant that posted the opportunity is alone responsible for setting the job requirements, all hiring decisions, and all other employment related matters in its business. Neither Nobu Group receives a copy of any application you submit to a restaurant, neither controls whether you receive an interview or are hired, and neither controls employment policies and practices.
How to contact us. If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit www.noburestaurants.com/contact.
2. Our information practices and communications with you.
Nobu Privacy Statement. These terms incorporate Nobu’s Privacy Statement as part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.
How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from Nobu. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Nobu. Nobu may use the information you have provided to us to communicate with you in accordance with Nobu’s Privacy Statement.
Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account.
Additional information on text messages. When you opt in to any of our text message programs, you understand that such text message programs are separately governed by Nobu’s Text Messaging Program Terms & Conditions. You understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code or visit www.noburestaurants.com/contact or email us at email@example.com. For more information, please visit Nobu Text Messaging Program Terms & Conditions.
3. Menu prices
Nobu Group makes every effort to ensure that the prices and items listed on our menus are up to date and correct. However, the prices and items listed on our web site menus are NOT guaranteed and are subject to change without notice.
When menu and/or price changes are made, those changes may not be immediately reflected on this web site. We post to this web site as often and as quickly as possible, but sometimes these posts may be delayed for some reason or another. In that case, Nobu Group reserves the right to change menu selections, and/or the prices that accompany those items, as they appear on the menus at the restaurant.
It is important that our customers who visit our web site know and understand this policy/practice, since Nobu Group will not adjust menu items or prices at the time orders are made, even if they conflict with our web site menus and/or prices. We do guarantee that all items and prices that appear on our menus at the restaurant are accurate, though it may occur that some items on the menu may be unavailable on occasion.
If any inconvenience on our customer’s part has occurred as a result of the delay of these web site postings, we apologize, and we will attempt to update our menu and prices more diligently in the future.
You have the possibility of receiving deals through the online services. The following general terms apply to the deals: (1) the deal may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; (2) serving times apply (e.g., certain deals may be available only at certain serving times); (3) unless otherwise stated each deal expires on redemption; (4) only one deal can be used per restaurant visit; (5) deals are not transferable; and (6) there is no cash alternative. In addition there may be specific terms that apply to the deal which are stated on the app next to the deal. Not all deals may be combined with orders.
5. Ownership and Licenses for the online services.
Nobu intellectual property ownership. Any and all rights in the online services are and shall remain the exclusive property of Nobu or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Nobu’s or its licensors’ rights.
Your license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Nobu reserves all other rights.
Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Nobu or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
6. User submissions and unsolicited ideas.
User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Nobu through the online services (together, “submissions”). You understand that by submitting any information to Nobu through the online services, you grant Nobu a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Nobu will not be required to treat any submissions as confidential.
Unsolicited ideas. It is Nobu policy not to consider unsolicited ideas. While we appreciate your taking the time to consider Nobu, we’re unable to review new ideas from outside the Nobu System. You expressly waive any and all claims against Nobu and all other Members of the Nobu System in connection with Nobu consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.
7. Copyright notice.
Nobu will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to Nobu at: 40 West 57th St, Suite 320
New York, NY 10019, Attn: DMCA copyright administrator, 212.757.3374 or by email to firstname.lastname@example.org.
What to include in your infringement notice. Please include the following information in your notice to us, along with your full name, address, telephone number and email address:
1. A detailed description of the copyrighted work that you believe has been infringed.
2. A detailed description of the content on the online services that you believe infringes the copyrighted work, including information reasonably sufficient to permit Nobu to locate the alleged infringing content (e.g., the page on the online services where the alleged infringing content is located).
3. The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.”
8. Acceptable uses and restrictions for the online services.
Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:
a) Use the online services for any purpose that is unlawful or prohibited by these terms;
b) Delete or change any copyright, trademark, or other proprietary notices;
c) Attempt to obtain ownership or title to the online services, including the content;
d) Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
e) Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
f) Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
g) Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations; you also represent and warrant that you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties;
h) Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
i) Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, Nobu network or any user accounts associated with the online services.
9. Limitations on liability and disclaimers.
Limitations on Nobu’s liability. NEITHER NOBU NOR ANY OTHER MEMBERS OF THE NOBU SYSTEM SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT NOBU’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY NOBU’S OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. Nobu reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
Nobu provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. NOBU PROVIDES THE ONLINE SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. NOBU DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOBU DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST NOBU AND ALL OTHER MEMBERS OF THE NOBU SYSTEM FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Nobu does not endorse and is not associated with any of these third party services. NEITHER NOBU NOR ANY OTHER MEMBERS OF THE NOBU SYSTEM HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.
Events beyond our control. NEITHER NOBU NOR ANY OTHER MEMBERS OF THE NOBU SYSTEM HAVE ANY RESPONSIBILITY for NOBU’S FAILURE TO PERFORM any of ITS obligations under these terms caused by or related to any event beyond Nobu’s reasonable control. If such an event occurs, then Nobu’s obligations under these terms will be suspended for the duration of the event; and Nobu may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
How we settle disputes. You agree that: (1) any claim or dispute (whether in contract, tort, or otherwise) you may have with Nobu or any other Members of the Nobu System arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Nobu or other Members of the Nobu System; (4) the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services; (5) the arbitrator shall apply New York law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) no claims shall be arbitrated on a class or representative basis as you and Nobu hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Nobu; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Nobu under this provision; (7) you and Nobu empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable; (8) in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $100 USD, Nobu agrees to pay any such administrative, arbitrator and filing fees exceeding $100 on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Nobu will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Nobu nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of New York County, New York or the United States District Court for the Southern District of New York. Further, BOTH YOU AND NOBU AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Nobu are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website at http://www.jamsadr.com.
10. Apple Applications
These terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”). If you are using the online services through Apple application (“Apple Application”), you also acknowledge and agree:
• Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact Nobu, not Apple, using the above Support Services details;
• except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and Nobu (and not between you, or anyone else, and Apple); and
• in the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
· Nobu makes no representation that the online services are appropriate or available outside of the United States. If you use the online services from other locations you are responsible for compliance with applicable local laws.
· These terms will be governed and interpreted pursuant to the laws of New York, notwithstanding any principles of conflicts of law.
Although these terms govern the online services as between Nobu and you only (and neither Apple nor any other Members of the Nobu System are parties to these terms), Apple and all other Members of the Nobu System are third party beneficiaries under these terms and will have the right to enforce against you those rights that Nobu holds under these terms to the extent such terms may pertain to them; there are no other third beneficiaries under these terms.
· The terms are written in English (US). Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English (US) version controls.
· On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all rights of Nobu and other Members of the Nobu System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers, and all of Section 9 (“How we settle disputes”).
· Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
· If Nobu fails to insist that you perform any of your obligations under these terms, or if Nobu does not enforce its rights against you, or delays in doing so, that will not mean that Nobu has waived its rights against you and will not mean that you do not have to comply with those obligations.
· Nobu may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if Nobu agrees in writing