The Paradies Shops, LLC on behalf of itself and its affiliates (“Paradies Lagardère”) maintains this and various other associated websites for your personal use (collectively, our “website” or “service”). Your access to and use of our service is subject to these Terms of Use, our Privacy Policy, Accessibility Policy, and any other policy statement linked from this website.
We reserve the right to update these Terms of Use at any time without notice. The most current version of the Terms of Use may be accessed by clicking on the “Terms of Use” hypertext link located at the bottom of our website. By using our website, you accept, without limitation or qualification, these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use our website.
Accuracy and Completeness of Information
Paradies Lagardère will take reasonable steps to ensure that the information contained in our website is accurate and complete. However, we make no warranties or representations about its content, and you should only rely on the information contained in our website after doing your own research or checking with us directly.
Changes to our Website
Paradies Lagardère will periodically revise the information, services and resources contained in our website. We reserve the right to make such changes as and when required, without notice.
Your Use of our Website
You may download content for your non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material from our website in any manner without our prior written permission.
No Unlawful or Prohibited Use
As a condition of your use of the Paradies Lagardère website, you will not use our website for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws. This includes using our content in a way that amounts to a breach of our intellectual property rights or those of any third party.
Copyright and other intellectual property rights
Unless otherwise noted, the graphic images, [layout,] [look and feel,] menus, buttons and text contained in the Paradies Lagardère website are our property. Except as permitted by these Terms of Use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without our prior written permission. We reserve all rights associated with this material, and assert all of our copyright and moral rights.
Trademarks
The Paradies Lagardère features logos, brand identities and other trademarks and service marks (“Marks”) that are the property of, or are licensed to us and our subsidiaries. Nothing contained on our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on our website without our written permission or any such third party that may own a Mark displayed on our website.
Links to Third Party Sites
As a convenience to users, the Paradies Lagardère may link to other sites owned and operated by third parties and not maintained by us. However, even if such third parties are affiliated with us, you acknowledge that we have no control over these linked sites. We are not responsible for the contents of any linked sites and do not make any representations regarding the content or accuracy of material on such sites. Accessing and using such third-party sites is entirely at your own risk.
Disclaimers
THE PARADIES LAGARDÈRE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM OUR WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF OUR WEBSITE OR ANY PORTION OF IT, (D) YOUR USE OF OUR WEBSITE OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH OUR WEBSITE.
Limitation of Liability
Paradies Lagardère will not be liable for any direct, indirect, special, incidental or consequential damages, losses, costs or expenses arising out of or relating in any way to our website, any use of our website, or any use of the information contained in our website, irrespective of the legal basis for the claim. This includes, without limitation, damages for lost profits, loss of goodwill, loss or impairment of data, work stoppage, accuracy of results, or computer failure or malfunction.
Indemnification
You agree to defend, indemnify and hold Paradies Lagardère harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees on a full indemnity basis, arising from or related to your use of our website.
Jurisdiction
Paradies Lagardère maintains and operates our website from Atlanta, Georgia. By using this site, you consent to the jurisdiction of the courts located in Georgia for any action arising from these Terms of Use. Any cause of action or claim you may have with respect to our website must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. Our failure to promptly act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.
Pay My Table Terms of Use
Your access to and use of this website are governed by these Terms of Use (“Terms”) and all applicable laws. By accessing or using the website, you confirm that you are at least 18 years of age, that you have the legal capacity to enter into a binding contract, and that you agree to comply with these Terms. HDS Retail North America, LLC d/b/a Paradies Lagardère, located at 2849 Paces Ferry Road, Overlook I, Suite 400, Atlanta, Georgia 30339 (“Paradies” or “we”), may update or modify these Terms at any time, and your continued use of the Website constitutes your acceptance of any such changes.
1. TRADEMARKS
This website contains trademarks and other proprietary material owned and used by Paradies, protected under national and international laws. They may not be reproduced, copied, displayed, distributed, or transmitted in any form without our prior written permission. The website may also reference the names, brands, or products of the applicable food and beverage retailers (“Retailer”) or other companies. Such references are for identification only and may be trademarks of their respective owners. All images, graphics, buttons, text, designs, layouts, and other content on the website are the exclusive property of Paradies and are similarly protected. Except for personal use, no content from the website may be copied, distributed, or transmitted without our prior written permission.
2. ONLINE PURCHASES
To order food, beverages, and other items (“Menu Items”) through the website, you must provide valid payment card and billing information. All payments are processed by a third-party payment processor who may have their own terms and privacy policies that may apply to your transaction. Paradies is not responsible for the acts, omissions, errors, or services of any such third-party payment processor. The website may also include links to, or integrations with, third-party services, products, or websites. These are provided solely for your convenience. Paradies does not control, endorse, or assume any responsibility for any such third-party services or products, and your use of them is at your own risk. Your information will be collected and used in accordance with Paradies’ Privacy Policy.
Prices are shown clearly during the ordering process. By placing an order, you agree to pay the stated price along with any applicable taxes, and you authorize your payment card to be charged for the total amount displayed at checkout.
Images of Menu Items on the website may not exactly match what is available or what you receive. Paradies may change menu prices, fees, or surcharges shown on the website at any time, and prices may vary by location.
Any questions or concerns about your order should be directed to the applicable Paradies location (see Section 10 Contact Us). All charges for completed orders are final and non-refundable, and Menu Items cannot be returned. Paradies is not obligated to provide refunds or credits, though may do so at its sole discretion.
3. WEBSITE ACCESS
Paradies hereby grants you permission to use our website as set forth in these Terms, provided that: (i) your use of our website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of our website in any medium; (iii) you will not alter or modify any part of our website other than as may be reasonably necessary to use our website for its intended purpose; (iv) you may not access, use, or copy any portion of the website through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms; and (v) you will otherwise comply with these Terms.
To access some features of our website, you are required to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for any transactions and any activity that occurs on your account.
The website is primarily intended for use in the United States. We do not guarantee that use of the website will be available or permitted in any location other than the United States. If you choose to access the website from a location other than the United States, you do so at your own risk.
4. DMCA COPYRIGHT POLICY
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted, or distributed on this website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by:
U.S. Mail Agent: HDS Retail North America, LLC d/b/a Paradies Lagardère Attention: General Counsel2849 Paces Ferry Road, Overlook I, Suite 400 Atlanta, Georgia 30339
Legal.Licenses@Paradies-na.com
Please include the following information in your written notice: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
Unless a notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern. We will notify you if we remove or disable access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice.
We reserve the right, in our sole discretion, to terminate the account or access of any user of this website who is the subject of repeated DMCA or other infringement notifications. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
5. TERMINATION
You agree that Paradies may, in its sole discretion and without prior notice, block and/or terminate your access to our website.
6. DISCLAIMER
THE WEBSITE AND ALL CONTENT MADE AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. PARADIES MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, SAFETY, PREPARATION, OR AVAILABILITY OF ANY MENU ITEMS OR SERVICES OFFERED BY RETAILERS.
WITHOUT LIMITING THE FOREGOING, PARADIES DOES NOT WARRANT THAT: (A) THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THE WEBSITE WILL PRODUCE ANY PARTICULAR RESULTS; (C) INFORMATION DISPLAYED ON THE WEBSITE, INCLUDING PRICES, MENUS, OR DESCRIPTIONS, WILL BE ACCURATE, CURRENT, COMPLETE, OR RELIABLE; (D) ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; OR (E) THE WEBSITE OR ITS CONTENT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIMITATION OF LIABILITY
Paradies, our contractors, suppliers, content providers, and their respective officers, directors, employees, representatives, and agents (collectively, our “Representatives”) are not liable to you or any third party for any losses or damages, under any legal theory, arising from: (a) your use of or reliance on the website, or its content; (b) our performance or failure to perform under these Terms; (c) the conduct of other users or third parties on the website; and (d) your use of any products, websites or services provided by third parties.
Paradies, and our Representatives are never liable to you or any third party for indirect, consequential, incidental, punitive, special, or similar damages (including lost profits, data, goodwill, property, business interruption, or third-party claims) related to these Terms, the website, its content, or information transmitted to or from the website, even if we knew or should have known such damages might occur. If your jurisdiction does not allow certain exclusions or limitations, liability will be limited to the maximum extent permitted by law.
If this limitation of liability or exclusion of warranty is held to be invalid or unenforceable for any reason, the maximum collective liability of Paradies, and any of our Representatives are found liable, to you or any third party for claims connected to these Terms, the website or your use thereof, or the Menu Items shall not exceed $100.
8. INDEMNITY
You agree to defend, indemnify, and hold harmless Paradies, and our Representatives, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (a) content, feedback, data, or information that you submit, post to, or transmit through the website; (b) your access to and use of the content, the website, and the Menu Items available on or through the website; (c) your violation of these Terms; (d) your violation of law or any rights of any third party; and (e) any unauthorized use of a username, password, or account number. We reserve, and you grant us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.
9. GOVERNING LAW; JURISDICTION; CLASS ACTION WAIVER
Governing Law. These Terms and your use of the website as between you and Paradies are governed by and interpreted in accordance with the laws of the state of Georgia, excluding its provisions regarding conflicts of laws and excluding the Convention on Contracts for the International Sale of Goods. In the absence of an amicable agreement, any dispute relating to the validity, interpretation or fulfilment of these Terms will be submitted to the exclusive jurisdiction of the courts in the state of Georgia.
CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR PARADIES WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
10. CONTACT US
Have any additional questions? Contact us.
Adyen Pay by Link Terms and Conditions (B2C)
These terms and conditions apply to this transaction with HDS Retail North America, LLC d/b/a Paradies Lagardère, located at 2849 Paces Ferry Road, Overlook I, Suite 400 Atlanta, Georgia 30339 (“Company”) to use a pay- by – link (“Online Payment Solution“) for any transaction pursuant to which you owe company funds (“Transaction”). By using the Online Payment Solution, you are agreeing to the below listed terms and conditions (“Terms”). Company has the right to change these Terms in its sole discretion at any time without notice.
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