1. Introduction
Welcome to Phở Queen’s website www.phoqueen.ca. By accessing and using the website, you agreed with Phở Queen’s Terms of Use, and our Privacy Policy. We reserved the rights to change or modify these terms and conditions at any time, such changes shall become effective immediately. Use of www.phoqueen.ca, either by registration or by any other means, is available only to persons who are 18 years of age and above and can enter into a legally binding contract, and/or are not barred by any law for the time being in force. If you access Phở Queen, either by registration on the website or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the information placed on the website on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the website.
2. Refund
If you want to modify or cancel your online order, please contact us at your earliest, if we able to cancel your order, your order will be refunded. Otherwise, no refund will be provided once order is made.
3. Deposits
We may require deposits for some reservations. All deposits are non-refundable.
4. Your Information
“Your Information” is defined as any information you provide to us during the registration, replying, and feedback through discussions or in the course of using any other feature of the website. You agree that you are solely responsible and accountable for Your Information. You agree that information is not:
– Not fraudulent, misrepresent, or mislead.
– Not be defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
– Not infringe any patent, trademark, copyright or other proprietary rights.
– Not violate any law for the time being in force.
– Not impersonate another person.
– Not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of Phở Queen’s server or software.
– Not be patently false and untrue, and written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
– Not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.
– Not distribute viruses or any other technologies that may harm Phở Queen or the interests or property of Phở Queen users.
– Not directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable laws, rules, and regulations.
5. Content
You agree not to copy, modify, or distribute content on our website, Phở Queen’s copyrights or trademarks.
6. Website useage
You agree not to hold Phở Queen or any of its officers, employees, agents responsible or accountable for any of your information and nor shall we, our officers, employees or agents be liable for any misuse, or illegal activity. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the website. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we exclude all implied warranties, of merchantability, fitness or quality of the website and our services.
7. Third Party Content and Services
Phở Queen’s website and the contents available through the website may contain features and functionalities that may link you or provide you with access to third party content or services which is completely independent of Phở Queen, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make investigation of your own if you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Phở Queen shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or any third party, you understand and agree that Phở Queen is under no obligation to become involved. In the event that you have a dispute with one or more other party, you hereby release Phở Queen, its officers, employees, agents and successors in rights from claims, demands and damages, actual and consequential, of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our service.
8. Service Limitations
You acknowledge that Phở Queen may establish limits concerning use of the website, including the maximum number of days that Content will be retained by the website, email messages, or other content that may be transmitted or stored by the website, and the frequency with which you may access the website. You agree that Phở Queen has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the website. You acknowledge that Phở Queen reserves the right at any time to modify or discontinue any portion of the website, or any part thereof, with or without notice, and that Phở Queen shall not be liable to you or to any third party for any modification, suspension or discontinuation of the service.
9. Access to the service
Phở Queen grants you a limited, revocable, nonexclusive license to access the website. This license does not include: (i) any collection, aggregation, copying, duplication, display or derivative use of the website nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Phở Queen. A limited exception to (ii) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the website.
10. Termination of the Service
You agree that Phở Queen, in its sole discretion, has the right(but not the obligation to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the website or any part thereof, immediately and without notice, and remove and discard any content within the website, for any reason, including, without limitation, if Phở Queen believes that you have acted inconsistently with the Terms of Use. Further, you agree that Phở Queen shall not be liable to you or any third-party for any termination of your access to the website.
11. Proprietary Rights
The website is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy content from the website, and agree to abide by any and all copyright notices displayed on the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the website.
12. DISCLAIMER
YOU AGREE THAT USE OF THE PHỞ QUEEN WEBSITE IS ENTIRELY AT YOUR OWN RISK. PHỞ QUEEN WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PHỞ QUEEN DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PHỞ QUEEN WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PHỞ QUEEN DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES RECEIVED THROUGH OR ADVERTISED ON THE PHỞ QUEEN WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PHỞ QUEEN SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PHỞ QUEEN DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PHỞ QUEEN WEBSITE.
13. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PHỞ QUEEN BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PHỞ QUEEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PHỞ QUEEN WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PHỞ QUEEN WEBSITE, FROM INABILITY TO USE THE PHỞ QUEEN WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PHỞ QUEEN WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PHỞ QUEEN SITE OR THE SERVICE OR ANY LINKS ON THE PHỞ QUEEN SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PHỞ QUEEN SITE OR ANY LINKS ON THE PHỞ QUEEN SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Indemnity
You agree to indemnify and hold Phở Queen, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use the website, your violation of the Terms of Use, or your breach of any of the representations.
15. Jurisdiction
This Terms of Use and Privacy Policy shall be governed and construed in accordance with the laws of the Canada and the courts in Niagara Falls, Ontario shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the website.