ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.
The Web Site and Application are intended solely to provide information, materials and data (the “Information”) regarding Viva Chicken, its business, restaurants and services.
Before using certain areas of the Web Site or Application (including the registration of your Account), you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept,” “I Agree,” “Okay,” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a click-through agreement. To the extent there is a conflict between these Terms and any click-through agreement, the click-through agreement will govern.
Access to the Web Site and Application
No person under the age of eighteen (18) is authorized to access or use the Web Site or Application. User access to, and use of, the Web Site and Application is subject to all applicable laws and regulations. Use of the Web Site and Application is void where prohibited. By using the Web Site and Application, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority and capacity to enter into this Agreement and abide by the Terms.
Viva Chicken grants you a limited, non-transferable right of access and use for non-commercial purposes the Web Site and Application. Such access shall enable you to use the Web Site and Application for informational purposes. This right of access shall not include any resale or commercial use of the Web Site, Application or their contents; any derivative use of the Web Site, Application or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Viva Chicken or our affiliates without our prior express written consent.
We make no guarantees regarding the availability of the Web Site or Application. Furthermore, we reserve the right, within our sole discretion, to discontinue the Web Site and Application. You agree that we will not be liable to you for any such discontinuance or modification of the Web Site and Application. Any rights not expressly granted by these Terms are reserved by us.
You are under no obligation to use or continue to use the Web Site or Application and may temporarily or permanently cease using the Web Site or Application without notice to Viva Chicken. Any use of the Web Site, Application, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Web Site, Application or any portion thereof.
Programs and Promotions
Viva Points Rewards Program
The Viva Points Rewards program is operated by Viva Chicken and is subject to these Viva Points terms and conditions (the “Viva Points Terms”). Eligibility is limited to persons residing in the United States who are eligible to use the Application, download the Application, and register an Account. Accounts are limited to one individual per Account. Rewards may only be redeemed at participating Viva Chicken restaurants.
Your participation in Viva Points is personal and non-transferable. Your Viva Points status and/or any individual rewards may not be purchased, sold, bartered, brokered or otherwise transferred. Rewards and other offers made through Viva Points are promotional offers. You understand and agree that no portion of your payment for purchases qualifying for any Viva Points rewards constitutes consideration paid for any rewards. Rewards may have certain restrictions including expiration dates and time-limited redemption periods. Please review all applicable terms upon receipt.
You must use the Application or if placing an order through the Web Site, be signed in to your Account, to complete the qualifying purchase or activity in order for that purchase or activity to count towards your Viva Points rewards.
You may opt-out of Viva Points at any time, for any reason by cancelling your Account by contacting Viva Chicken at firstname.lastname@example.org. If you cancel your account, any unredeemed rewards will automatically expire and will no longer be available for redemption. Upon cancellation, your Account shall immediately cease and you may no longer receive rewards. Viva Chicken has no obligation to refund you for any unredeemed rewards or benefits following cancellation.
Viva Chicken reserves the right to suspend or terminate, at Viva Chicken’s sole and absolute discretion, any Account if Viva Chicken believes that the Account holder has violated these Viva Points Terms or applicable law or acted in a manner harmful to Viva Chicken or our customers.
Viva Chicken reserves the right to terminate the Viva Points program, or any or all benefits under the Viva Points program, at any time, for any reason. In the event Viva Chicken elects to terminate Viva Points program, Viva Chicken will provide a notice of termination in accordance with these Terms, as they may be modified or amended from time to time.
Please visit the Viva Points FAQ for more information.
For purposes of these Terms, the term “Application” shall refer to and consist of the following: (i) the Viva Chicken software applications, together with any software code, scripts, interfaces, graphics, displays, text, documentation and other components; and (ii) any updates, modifications or enhancements. You acknowledge that Viva Chicken may from time to time issue upgraded versions of the Application and may automatically electronically upgrade the version of the Application that you are using.
Viva Chicken may provide you the ability to order online from participating Viva Chicken restaurants. These Terms only apply to orders placed through the Web Site or Application. Ordering may not be available through the Web Site or Application for all restaurant locations, and some restaurants do not sell all menu items. Images of menu items on the Web Site or Application may not be identical to what is available or that you may receive from a specific restaurant.
You are responsible for payment of your order by means of a payment option made available through the Website or Application at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. Viva Chicken, or its authorized payment processor, will charge, and you authorize such party to charge, the payment method you specify in connection with the submission of your order. The selected restaurant identified when you place your order is solely responsible for preparing and fulfilling your order and for any questions or other communications regarding your order.
You understand that the prices for menu items displayed through the Web Site or Application may differ from the prices offered or published for the same menu items at any individual restaurant location, and Viva Chicken reserves the right to change the prices displayed through the Web Site or Application at any time. Prices for menu items do not include applicable taxes and fees. Charges paid for completed orders are final and non-refundable. Viva Chicken has no obligation to provide refunds or credits, but may grant them, in our sole discretion.
Minimum order amounts may apply for orders placed through the Web Site or Application. Any applicable taxes and fees due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Web Site or Application. Discounts, coupons and other offers may not be able to be combined with orders placed through the Web Site or Application.
Third Party Delivery Services
Order delivery may also be available through select third-party delivery services identified on the Website or Application. When ordering through a third-party delivery service, you understand and agree that you are placing the order with that third-party service provider and not Viva Chicken or any individual restaurant. The delivery services are provided by the third party, and Viva Chicken has no responsibility or liability for the acts or omissions of the third-party delivery service provider. All orders placed through a third-party delivery service are subject to any terms and conditions provided by that service provider at the time of the order.
Restrictions on Your Use
All content within the Web Site and Application, and any materials made available for downloading, if any, are the property of Viva Chicken and/or its affiliates or other third parties. The Web Site and Application and portions of the Web Site and Application are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Web Site and Application that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Web Site and Application.
To the extent applicable, when accessing the Web Site and Application, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Web Site and Application. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Web Site and Application. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Intellectual Property Ownership
Any and all intellectual property rights associated with the Web Site and Application, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Viva Chicken or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site and Application in any way without the express written consent of Viva Chicken or the express written consent of the appropriate third party, as applicable. Except as provided herein, Viva Chicken does not grant to you any express or implied rights to Viva Chicken or any third party’s Intellectual Property.
The Web Site and Application may provide or include links to other world wide web sites or resources. While Viva Chicken attempts to provide links only to third-party Web Sites that comply with all applicable laws and regulations and Viva Chicken’s standards, please understand that the content on these third-party Web Sites is subject to change without notice to Viva Chicken. Because we have no control over such sites and resources, you acknowledge and agree that Viva Chicken is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT VIVA CHICKEN SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
Viva Chicken prohibits caching of any portion of the Web Site and Application and any unauthorized hypertext links to the Web Site and Application. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your Web Site to the Web Site and Application, you must contact Viva Chicken to discuss mutually agreeable terms for such hyperlink.
Exclusion of Warranty
VIVA CHICKEN MAKES NO WARRANTY OF ANY KIND REGARDING THE WEB SITE AND APPLICATION AND/OR ANY MATERIALS PROVIDED ON THE WEB SITE AND APPLICATION, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. VIVA CHICKEN DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEB SITE AND APPLICATION AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. VIVA CHICKEN DOES NOT WARRANT THAT THE WEB SITE AND APPLICATION, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER VIVA CHICKEN, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE WEB SITE AND APPLICATION OR (2) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
Limitation of Liability
VIVA CHICKEN ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR APPLICATION OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE OR APPLICATION. IN NO EVENT SHALL VIVA CHICKEN BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE WEB SITE AND APPLICATION OR CONTENT FOUND THEREIN.
Although the Web Site and Application are accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. Viva Chicken makes no representation that materials on the Web Site and Application are appropriate or available for use in other locations. Those who choose to access the Web Site and Application from other locations do so on their own initiative and are responsible for compliance with local laws.
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
US Government Rights
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Choice of Law; Arbitration Clause and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights
These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of North Carolina as applied to contracts made and to be performed entirely within North Carolina, without giving effect to the state’s conflicts of law statute.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, YOU AND VIVA CHICKEN AGREE (A) TO WAIVE YOUR AND VIVA CHICKEN’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS, OR THE SERVICES, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND VIVA CHICKEN’S RESPECTIVE RIGHTS TO A JURY TRIAL. Instead, you and Viva Chicken agree to arbitrate Disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court) conducted by the American Arbitration Association (“AAA”) under the arbitration rules in effect at the time the arbitration is initiated (the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.
Unless the parties agree otherwise, the arbitration will be conducted in Charlotte, North Carolina. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the AAA Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL.
You and Viva Chicken agree that these Terms affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
YOU AND VIVA CHICKEN EACH AGREE TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PURSUE ANY DISPUTES ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
Indemnity and Release
By using the Web Site and Application, you agree to indemnify Viva Chicken and its partners, officers, employees and agents and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of the Web Site and Application. By using the Web Site and Application, you are hereby agreeing to release Viva Chicken and its partners, officers, employees and agents from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Web Site and Application.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Viva Chicken with respect to the Web Site and Application and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Viva Chicken with respect to the Web Site and Application. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
Changes to the Terms
We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Web Site and Application, and any use of the Web Site or Application after such revisions have been posted signifies your consent and agreement to the modified Terms.
Gift Card Terms and Conditions
Last Updated: March 23, 2021
Viva Chicken Gift Cards are not redeemable for cash except as required by applicable law.
1. General Terms. The following terms and conditions govern the offering of Gift Cards (as defined below) by Viva Chicken and are an important part of the Viva Chicken Terms and Conditions.
2. How to get a Gift Card. Viva Chicken offers gift cards (“Gift Cards”) that can be purchased at any participating Viva Chicken restaurant location or via the Web Site. Purchasing or redeeming a Gift Card constitutes your acceptance of these Gift Card Terms and Conditions. From time to time, Viva Chicken may distribute promotional QR Code Gift Cards (“Promotional Gift Cards”) via email to Viva Chicken customers.
3. Redeeming Gift Cards. Gift Cards may be redeemed at any participating Viva Chicken restaurant location or via the Web Site. Promotional Gift Cards may be limited to in-store redemption only.
4. Gift Card Account. The balance of a Gift Card can be reviewed by the purchaser or holder of the Gift Card by visiting the Viva Chicken Web Site here.
5. Not for Third Party Promotional Use. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
6. Restrictions. Balances on multiple Gift Cards cannot be combined into a combined balance on one or more new Gift Cards. Gift Cards cannot be reloaded or recharged. Except as expressly allowed by Viva Chicken, Gift Cards may not be transferred for value or resold. Except to the extent required by applicable law, Gift Cards cannot be redeemed for cash or checks and Gift Card balances cannot be transferred to credit card accounts or accounts of other means of payment. Viva Chicken reserves the right to reject the redemption of Gift Cards and request alternative forms of payment and take legal actions, if Viva Chicken reasonably believes that Gift Cards are abused or used or obtained fraudulently.
7. Risk of Loss. The title and risk of loss for Gift Cards passes upon electronic transmission of the Gift Card by Viva Chicken to the purchaser of the Gift Card. Viva Chicken has no obligation to replace lost or stolen Gift Cards, but you can report lost or stolen Gift Cards by Viva Chicken at email@example.com.
8. No expiration date or fees. Unless otherwise disclosed at the time of purchase, Gift Cards have no expiration date and Viva Chicken charges no fee in connection with the purchase (except for the selected purchase price of the Gift Card) or redemption of Gift Cards.
9. Limitation of Liability. GIFT CARDS ARE PROVIDED BY VIVA CHICKEN FREE OF ANY WARRANTY, EXPRESS OR IMPLIED. VIVA CHICKEN IS NOT RESPONSIBLE FOR THE QUALITY, LEGALITY, OR ANY OTHER ASPECT OF THE ITEMS PURCHASED WITH THE GIFT CARD.
You may have other or additional rights in connection with your purchase or redemption of Gift Cards under the laws and regulations of the jurisdiction in which you reside and nothing in this Section restricts such rights you may have.