BY ACCESSING, VISITING, BROWSING, AND/OR USING ANY WEBSITE OR MOBILE SITE OR SOFTWARE APPLICATION WHICH NOVA MEDITERRANEAN GRILL LIMITED LIABILITY COMPANY (Hereinafter "Nova Grill", "we", "us", or "our") OWNS, OPERATES OR LICENSES (the "Site"), YOU INDICATE YOUR CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS (the "Terms of Use") WHICH INCORPORATES THE TERMS AND CONDITIONS OF NOVA GRILL PRIVACY NOTICE ("Privacy Policy") HEREIN BY REFERENCE.
These Terms of Use constitute the entire agreement between you and Nova Grill, and supersede any and all other, whether written or oral, agreements, representations and understandings. If you do not fully agree to accept any of these Terms of Use, please immediately stop, and do not access or use the Site again.
We reserve the right, in our sole and absolute discretion, to change or remove (temporarily or permanently) any part of these Terms of Use without notice to you. It is your responsibility to check these Terms of Use periodically for changes and removals, and you confirm that we shall not be liable to you for any such change or removal. The most current version of the Terms of Use will supersede all previous versions, and your continued use of or access to the Site after any changes to these Terms of Use constitutes your acceptance of such changes.
The Site is intended and designed for use only by persons who are age 18 or older or the minimum legal age as permitted by the law or otherwise under the supervision of an adult or guardian. If you are under 18 years of age, then please do not use the Site.
We respect the privacy of our users and created a policy that explains rights and responsibilities of users regarding to their personal information disclosed on the Site. Please review our Privacy Policy at https://www.novagrill.com/privacy
WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THIS SITE. HOWEVER, WE ASSUME NO LIABILITY OR RESPONSIBILITY AS TO THE ACCURACY, VALIDITY, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THE SITE.
All copyright, trademarks and all other intellectual property rights in the Site and its content, including without limitation the Site design, text, graphics and all software and source codes connected with the Site, are owned by or licensed to Nova Grill or otherwise used by Nova Grill as permitted by law. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. The content on the Site is provided to you for non-commercial and personal use only, and none of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Use. You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use.
Throughout the Site, we may include content, information or links to third party sites or resources. Because we have no control over such third party sites and resources, you acknowledge and agree that we do not endorse such sites and resources, and we are not responsible or liable for the availability of such external sites and resources, or for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource. If you visit any third party site or resource via a link on this Site you do so at your own risk.
In addition, you may not create a link to any page of this Site without our prior written consent. A link to our Site does not mean that Nova Grill endorses or accepts any responsibility for the content or the use of such linking website or resource. By linking to this Site in breach of our Terms of Use, you shall indemnify us for any loss or damage suffered to this Site as a result of such linking.
If you decide to order online using the online ordering application, you may be asked to provide your personal information including but not limited to your name, address, email address, phone number and/or credit card information. You can pay by any of the methods listed in our checkout screen. If you choose to pay by a credit card, please make sure all payment information are in complete and your card is valid on the date of your order. You are responsible for maintaining the confidentiality of your personal information that you use during checkout and must not disclose it to anyone.
Upon placing an order online, you should wait for our response to your order request with an on-screen message which usually takes up to three minutes and/or a confirmation email to the email address you provided. If we are unable to accept your order for any reason, we may confirm your order manually by calling the phone number you provided during checkout. The acceptance of any order for any of the products and/or services shall be at the entire discretion of Nova Grill and we reserve the right to alter charges and/or your initial orders.
Please note that you may need to set your browser to accept third party cookies depending on the device and browser in order to use the online ordering feature of the Site. Our prices, minimum spent restrictions and delivery charges may be different on the Site than when you order in store, by phone and/or online on a non-Nova Grill owned website. The product photos on the Site are for presentation only, and may be different (e.g. color, form, etc.) than the product you will receive. We are not liable in any way if the description of products is not complete.
If you choose the products to be delivered to the address you provided during checkout, your orders are subject to: (i) minimum amount of purchase requirements; (ii) your address falling in our defined delivery service area; (iii) fee for delivery service and applicable sales tax; (iv) our availability for accepting orders. Delivery service may be temporarily unavailable in selected areas due to bad weather or unforeseen circumstances. We reserve the right to refuse delivery service and you agree that we may cancel your order in our sole and absolute discretion.
If we accept your order, we will provide you an estimated delivery time of your products with an on-screen acceptance message and/or a confirmation email to the email address you provided upon placing your order. We will do our best to deliver your products on or before the estimated delivery time but we cannot guarantee delivery within this time frame due to unforeseen circumstances such as bad weather and traffic conditions. This is to ensure the safety of our delivery drivers.
You agree to accept delivery of the products at the agreed time and place of delivery. If you are unable to present to accept delivery of the goods at the address provided, your order will be cancelled and you will still be charged for the full amount of your order. If there is no special instruction given during checkout, we deliver your products to the main entrance of the address provided by you during checkout. If you request your products delivered to a location further than the main entrance of the delivery address, such as a location in a private property, it is up to our drivers to accept to deliver your products to such location. You agree to make arrangements about specific delivery locations in case our drivers require you to do so.
We may call or send text messages to the phone number provided by you about your order or if we are unable to reach you to complete delivery. Voice, messaging and data rates may apply from your carrier. By providing your phone number to order online, you certify that you are the owner or authorized user of that phone number and you approve such applicable charges from your carrier. You hereby consent to receive phone calls and text messages from and/or on behalf of Nova Grill as a part of our services at the phone number provided by you during checkout.
Online orders once placed cannot be modified or cancelled either through the Site or offline by calling the restaurant. We do not provide refunds for orders that are paid online with a credit card. However, if you wish to settle any payment dispute or refund claim, you may contact us directly at our restaurant phone number with the details of your orders that are included in the confirmatory e-mail sent to you upon placing your order.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. TO THE FULLEST EXTENT PERMITTED BY LAW, NOVA GRILL, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, OPPORTUNITY, DATA, PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. NOVA GRILL MAKES NO WARRANTY THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE WHICH MAY BE HARMFUL OR DESTRUCTIVE. NOTHING IN THESE TERMS OF USE SHALL BE CONSTRUED SO AS TO EXCLUDE OR LIMIT THE LIABILITY OF NOVA GRILL FOR DEATH OR PERSONAL INJURY AS A RESULT OF THE NEGLIGENCE OF NOVA GRILL OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS.
IN NO EVENT SHALL NOVA GRILL, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF NOVA GRILL OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, NOVA GRILL LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Nova Grill, its officers, directors, employees, contractors, agents, licensors, and service providers harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Nova Grill arising out of any breach by you of these Terms of Use or other liabilities arising out of your use of this Site.
If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such part of Terms of Use shall be severed and the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.
We reserve the right to terminate your access to all or any part of the Site, refuse any service, remove or edit any content or reject your order at any time, in our sole discretion, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Site. All provisions of this Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may also, in the future, offer new services and/or features through the Site. Such new features and/or services shall be subject to these Terms of Use. If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Pennsylvania and you hereby submit to the exclusive jurisdiction of the state of Pennsylvania courts.
