Aloha Online Ordering - TermsOfUse

TERMS OF USE AND PRIVACY POLICY

Welcome to the website and/or the Online Ordering Application of Which Wich® Superior Sandwiches (collectively, the “Site”). By using the Site, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to the Terms of Use, please do not use the Site. Which Wich may from time to time modify or revise the Terms by updating the Site. Please periodically check the terms of use for changes. Your continued use of the Site constitutes your agreement to follow and be bound by the Terms of Use, including any changes we have made.

Proprietary Rights and Restrictions

This Site and its content, including without limitation all informational text, headers, custom graphics and button icons, photographs, audio, video, messages, files, documents, sound, images, or other materials (collectively, the “content”) are the property of Which Wich, Inc. and/or its affiliates or licensors (collectively “Which Wich”). The Site is protected by U.S. and international copyright laws. The Site and its contents are intended solely for personal, noncommercial use by the users of our Site.

The content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the content, use of the content on any website or networked computer environment, or use of content for any purpose other than personal, noncommercial use is a violation of the copyright, trademark, and other proprietary rights in the content and is strictly prohibited.

Links

The Site may contain links to websites operated by other parties. The linked sites are not under the control of Which Wich, and Which Wich is not responsible for the content available on any other websites linked to ours. You acknowledge and agree that your access or use of any linked site is at your own risk.

Submissions

We appreciate your comments, feedback, and remarks. By submitting content to the Site, including remarks, suggestions, ideas, graphics, or other information you communicate to us, the submission will become our property, including future rights associated with such submissions. You acknowledge that you are responsible for the material you submit, and you have full responsibility for the message, including reliability, appropriateness, originality, and copyright permission.

Collection and Use of Personal Information

You do not have to provide any information to us in order to use our Site. The only information we collect from you is information you choose to submit to us. This includes comments, feedback forms, and requests for information.

Some areas of the Site require registration for use. In those instances, we require that you register with us only the information that is necessary or helpful for valid business purposes or to comply with applicable law. You must complete the registration process by providing us with current, complete, accurate information as prompted by the form(s). You further agree to maintain or promptly update any registration information in order to keep it true, accurate, and correct.

We will use your personal information only to the extent necessary to fulfill our business needs, and in any event in accordance with applicable data protection legislation. Such use may include marketing communications, delivering or completing requested services or transactions, and analyzing a series of transactions.

From time to time, our Site may utilize cookies to collect information. A cookie is a small element of data that a website can send to a web browser, which is then stored on the browser user’s computer. Information stored in a cookie may include, among other things, access times, the sites visited, IP address, and domain name. This cookie data helps us determine how many people visit the Site, where they are from and what pages they view. This information, together with data stored in server logs, may be used to track trends in our Site traffic to help us improve the Site.

Disclosure of Personal Information

We will not sell, rent or lease your personally identifiable information to third parties. We may disclose your information to our affiliates, and to certain third parties, including service providers or subcontractors necessary to support the uses described herein, but such disclosure will always be consistent with the purposes for which the information was provided. Whenever we do this, we require that our third-party suppliers and service providers agree to maintain the confidentiality of the personal information we provide to them.

Which Wich is concerned about the safety and privacy of all its users, particularly children. Which Wich will not knowingly collect information from users under the age of 13. If you are under the age of 13, please do not provide us with any personal information.

E-mail Submissions

E-mail submissions may not be secure over the internet. Please consider this fact before e-mailing any personal or confidential information.

Contacting You

Occasionally, we may send you e-mail communications to provide information or offers that we think may be of interest to you. You may choose to opt out of receiving additional e-mail from us by following the “unsubscribe” procedures in the e-mail you may receive.

Employment Opportunities

Any positions listed on this Site may include opportunities with locations owned and operated by our franchisees, as well as locations owned and operated by Which Wich. The positions and franchise locations may be subject to different terms and conditions including but not limited to benefits, employment policies, etc. We accept no responsibility or liability with respect to the terms and conditions of employment with a franchised restaurant. Any postings on this Site do not represent an offer for employment. Any offer must be made by an authorized representative of Which Wich for company-operated locations, or franchisees for franchise-operated locations.

Franchise Opportunities

Some materials on this Site describe Which Wich’s franchise program. They do not constitute an offer or sale of a franchise. Such offering is only commenced by delivering you a Franchise Disclosure Document in compliance with applicable law, including, without limitation, the Federal Trade Commission’s guidelines on franchising and various state laws regulating the sale of franchise opportunities.

Catering, Retail, and Gift Cards

We may use third-party service providers to facilitate online food ordering, retail shopping, or gift card ordering services that we make available through the Site. The information you submit while placing an online food order, retail shopping order, or gift card order, including your name, address, phone number, and credit card information, may be collected by our third-party service providers. Which Wich will not share this information with other third parties. We require that our online food ordering, retail shopping, and gift card service providers maintain your information on a secure server and use industry-standard technology and security procedures for all payment processing. The products and services that we and our service providers offer are entirely voluntary for you to use. It is your choice to purchase these products and to participate in our feedback surveys.

Our Limitations

We will take appropriate steps to safeguard your personal information to reduce the risk of its disclosure or use in violation of our privacy policy. However, due to constantly changing laws and technology, we cannot ensure that your personally identifiable information will not be disclosed to third parties in ways not described in this policy. We may disclose such information to third parties as we believe necessary or appropriate in connection with any merger or consolidation with or sale of our assets. We may also be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement, or other government officials as we believe necessary or appropriate to address or resolve inquiries or problems concerning our privacy policy and collection of our customers’ personal information.

Governing Law, Indemnification

You agree that the Terms of Use are governed by the laws of the State of Texas (notwithstanding any conflict of law principles). If any provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by Which Wich. No waiver by either party for any breach or default hereunder shall be a waiver of any preceding or subsequent breach or default. The section headings are for convenience only.

You agree to indemnify, hold harmless, and release us, and each of our respective subsidiaries, affiliates, agents, licensees, employees, and third parties against any and all claims, damages, cost, and expenses (including attorney’s fees) arising from and related to your use of the Site, and any content contained in the Site and/or any transaction you enter into with a third party based on information or contacts obtained from the Site.

No Agency Relationships

The franchisees of Which Wich Franchise, Inc. have no agency relationship with Which Wich Franchise, Inc. or any of its affiliates. Each entity acts independently of one another.

Policy Revisions and Updates

These Terms of Use and Privacy Policy will continue to be reviewed and revised as changes occur in Which Wich business and technology or to laws that affect our policies. All information collected is subject to the Privacy Policy in effect at the time of use. Changes will be posted on this Site with an updated effective date. Please check our Site periodically to see the current policy.

Last revision date: February 2013