Terms and Conditions

NewAsianVillage restaurant (“NewAsianVillage ”/“we”/”us”/“our”) owns and operates the website located at www.newasianvillage.com (“website”). these terms of use apply to all users of the website, including users who upload any materials to the website, users who use services provided through this website, and users who simply view the content on or available through this website.by using this website you indicate your acceptance of these terms of use. if you do not accept these terms of use, then do not use this website or any of their content or services. these terms of use may be amended or updated by NewAsianVillage from time to time without notice and the terms of use may have changed since your last visit to this website. it is your responsibility to review these terms of use for any changes. your use after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms. any new features that may be added to this website from time to time will be subject to these terms of use, unless stated otherwise. you should visit this page periodically to review these terms of use.if you are accepting these terms of use on behalf of a corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these terms of use on behalf such corporation or entity and to bind such corporation or entity to these terms of use.

Service

The NewAsianVillage service allows users to place orders for products included limited to food (not Alcohol) delivery/pickup, in locations as identified on the Website (the “Service”). You can use the Service from a computer or a personal mobile device. For avoidance of doubt, NewAsianVillage prepare the food and provide delivery/pickup services directly and it will not be liable for the actions or omissions of any third-party independent courier contractors or restaurants that provide services through the Service including without limitation for any issues related to product/food quality or timely delivery.

Registration

By placing an order with us you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.

In order to place orders through the Service (each an “Order”), you may need to create an account on the Website or login as a “Guest” to enter your pickup/delivery and payment information, where you will agree that NewAsianVillage will store your delivery information in order to provide the service to you. By creating an account, you will be able to review your previous orders and enjoy other member features of the Service. You must be the credit card holder in order to place Orders through the Service. Personal information provided by you on registration is handled by us in accordance with the terms of our Privacy Policy.

Processing Orders

Once you submit an Order and your payment has been authorized (credit card, or pay while pickup), your Order will be transmitted to the restaurant you ordered from. Once you have submitted your Order and your payment has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund (except where prohibited by law). You are responsible to ensure that all of your restaurant order details, billing, delivery address, and other relevant personal information is current, complete, and accurate. Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and necessarily mean that your Order has been accepted by the Restaurant. Our Restaurants locations will accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order. However, Restaurants have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.

Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of typically up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

Delivery of Orders

When you place a Pickup or Delivery Order, you may choose the time you would like your Order to be picked up or delivered to you. This time is only an estimate and NewAsianVillage offers no guarantee by this time. NewAsianVillage is not responsible for any delays in receiving your Order for any reason.

Price and Payment

Prices will be as quoted on the Website will have applicable sales taxes and delivery charges calculated at checkout. You will be charged at the time of placing your Order. Payment for Orders will be transacted through our applicable third party payment processor. You consent to the collection and use of your information (including, if applicable, personal information) by such payment processing service as necessary to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree we may charge your payment card for any order placed and for any additional amounts (including any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all of your billing information is current, complete, and accurate. We will provide you with an online and/or emailed billing summary statement which you may review, save, or print at your discretion. This is the only billing statement that will be provided by us.

Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not NewAsianVillage , are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. NewAsianVillage does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will NewAsianVillage be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

Restrictions on User Content and Use of the Service

NewAsianVillage reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

In using the Website, and/or Service You shall not:

1.copy any content unless expressly permitted to do so herein
2.upload, post, email, transmit or otherwise make available any material that:
3.is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
4.You do not have a right to make available under any law or under a contractual relationship;
5.infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
6.is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
7.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
8.contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
9.impersonate any person or entity or misrepresent their affiliation with a person or entity;
10.forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
11.interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
12.intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
13.collect or store personal data about other users or viewers;
14.license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or
15.modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

License of Content to NewAsianVillage and other Users

By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. NewAsianVillage will not be responsible or liable for any use of User Content in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

End User License

Except for User Content, the App, this Website, and the information and materials contained therein, are the property of NewAsianVillage and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Use, NewAsianVillage grants you a non-transferable, non-exclusive, license to (a) use the Website for your use. Nothing in the Terms of Use gives you a right to use the NewAsianVillage names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms of Use.

Feedback

If You provide NewAsianVillage with any suggestions, comments or other feedback relating to any aspect of the Website, and/or Service ("Feedback"), NewAsianVillage may use such Feedback in the Website, Service and/or in any other NewAsianVillage products or services (collectively, "NewAsianVillage Offerings"). Accordingly, You agree that: (a) NewAsianVillage is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to NewAsianVillage , (c) NewAsianVillage (including all of its successors and assigns and any successors and assigns of any of the NewAsianVillage Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any NewAsianVillage Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.

By posting, uploading or transmitting any Feedback, you warrant and represent that you own or otherwise have all necessary intellectual property and moral rights in and to such Feedback including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Feedback.

You are prohibited from posting, uploading or transmitting any Feedback that:

  • breaches any applicable local, national or international law;
  • is unlawful or fraudulent;
  • amounts to unauthorised advertising; or
  • contains viruses or any other harmful programs.

In particular (but without limitation), any Feedback that you submit through the Website must not:

  • contain any defamatory, obscene or offensive material;
  • promote violence or discrimination;
  • infringe the intellectual property rights of another person;
  • breach any legal duty owed to a third party (such as a duty of confidence);
  • promote illegal activity or invade another’s privacy;
  • give the impression that they originate from us; or
  • be used to impersonate another person or to misrepresent your affiliation with another person.

We reserve the right and have the sole discretion to remove or edit at any time any Feedback posted, uploaded or transmitted to the Website that we determine breaches a prohibition detailed above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

The Feedback contained on the Website are for information purposes only and do not constitute advice from us. Feedback reflects the opinions of customers who have ordered through the Website and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Feedback, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.

Advertising

You acknowledge and agree that the Website may contain promotions/advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that NewAsianVillage shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

Disclaimer of representations, warranties and conditions. the website, service, and all materials provided therein are provided "as is." Newasianvilalge specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the service is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Newasianvilalge does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the website in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and newasianvilalge shall not be a party to any transaction that you may enter into with any such third party. Newasianvilalge will not be liable for any type of content exchanged by means of the service. Newasianvilalge will not be liable for any issues related to food orders or deliveries processed through the service.

Limitation of liability. Under no circumstances shall newasianvilalge be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) Your use of or your inability to use this website, or the service, (ii) The cost of procurement of substitute goods, data, information or services, (iii) Errors, mistakes, or inaccuracies in the materials on the website, (iv) Personal injury or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the website or app, (v) Any errors or omissions in any material on the website or any other loss or damage of any kind arising from or relating to your use of the website, or service, (vi) Statement of conduct, product, or Ability of any third-party on the services, or vii) Any other matter relating to the services. These limitations shall apply even if newasianvilalge has been advised of the possibility of such damages. Not with standing anything to the contrary contained herein, newasianvilalge’ liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) Fifty canadian dollars ($50) or (b) Amounts you have paid newasianvilalge in the prior 12 months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.

Indemnification. you shall indemnify and hold newasianvilalge and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service, any interactions or transactions between you and any third-party restaurant or independent courier contractors that provides services through the newasianvilalge service and/or any violation by you of these terms of use, the rights of any third party, or any applicable law or regulation.

Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks; and

Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

Termination

NewAsianVillage may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with NewAsianVillage (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to NewAsianVillage ), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You. You acknowledge and agree that all terminations may be made by NewAsianVillage in its sole discretion and that NewAsianVillage shall not be liable to You or any third-party for any termination of Your access to the Website for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Use by NewAsianVillage shall be in addition to any and all other rights and remedies that NewAsianVillage may have.

Availability & Updates

NewAsianVillage may alter, suspend, or discontinue the Website, and/or Service at any time and for any reason or no reason, without notice. The Website, and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. NewAsianVillage may periodically add or update the information and materials on this Website without notice.

While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

Security

Information sent or received over the Internet is generally unsecure and NewAsianVillage cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. NewAsianVillage will not be liable for any loss or damage arising from your failure to comply with these requirements.

General

These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by NewAsianVillage . If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of NewAsianVillage to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by NewAsianVillage must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without NewAsianVillage ’ prior written consent. We may assign these Terms of Use without restriction. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website, Service, please contact us at: contact@NewAsianVillage .com.

Gift Cards

The following general terms and conditions (the "General Voucher Terms") will apply to all vouchers issued by NewAsianVillage from time to time for use on the Website including vouchers with a credit value ("Vouchers")

1.Vouchers may only be redeemed towards online Pickup Orders from Restaurants and not made through the Website. Vouchers redemption can be done only at the restaurant while pickup food from the Restaurant.

2.Vouchers must be applied to a registered NewAsianVillage online customer account by no later than the deadline specified on the Voucher, and will expire if not applied by this date. The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without our prior written permission. In particular, Vouchers distributed or circulated without our written approval, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.

3.Vouchers may not be used in conjunction with other vouchers or any other discounts or promotions provided or advertised from time to time.

4.Vouchers may not be exchanged for cash.

5.We shall not be liable to any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.

6.We reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.

Reviews

When a review is published it will be identified by the given name you entered when creating your account; no other potentially identifying personal information will be attributed to that post. By providing a review you acknowledge and consent to us using your given name in association with the review. All interactions on this site are governed by our Privacy Policy and Terms of Service. All reviews that we receive are moderated before we publish them. We do this to make sure that reviews don't contain bad language, personal details people have entered by accident, or irrelevant comments.

Effective Date: June 25, 2017