Term and Condition PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.

1. Ownership of Platform; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the NyAsianFood web site located at www.NyAsianFood.net (the “Site”) and the mobile applications (the “APP”, collectively with Site, the “Platform”). The Platform is the property of NyAsianFood, Inc. (“NyAsianFood”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND NYASIANFOOD PRIVACY POLICY; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

NyAsianFood reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, NyAsianFood grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

2. NyAsianFood Privacy Policy

The NyAsianFood Privacy Policy (https://nyasianfood.com/privacy-policy/) governs the use of information collected from or provided by you at the Platform. In the event that there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern. With respect to any individual (for example, the alternative pick up person) whose personal information is provided by you to NyAsianFood, you represent to NyAsianFood that you have obtained all necessary consents for the processing of such personal information contemplated by the Services you are using and by the NyAsianFood Privacy Policy.

3. Access to the NyAsianFood Service

You acknowledge and hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder. You further acknowledge and agree to comply with all laws applicable to your activities on the NyAsianFood Platform and with the terms of this Agreement.

You accept and agree that it is your sole responsibility to obtain all necessary equipment and services (including, but not be limited to all data, telephone and other charges) to access the NyAsianFood Service and the Platform.

4. Accounts, Passwords and Security

To use the NyAsianFood Service or the Platform, you are required to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidential. You agree to notify NyAsianFood immediately of any unauthorized use of your account or password, or any other breach of security. NyAsianFood reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.

5. Use Restrictions

The content on this Platform, such as text, graphics, interfaces, images, photographs, illustrations, trademarks, trade names, service marks, logos, software, information and other materials (“Contents”) is owned, controlled or licensed by or to NyAsianFood, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. “NyAsianFood”, all NyAsianFood logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of NyAsianFood or otherwise proprietary to NyAsianFood and may not be used by you for any reason other than as expressly permitted. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, no part of the Platform and no Content may be copied, reproduced, distributed, encoded, uploaded, republished, downloaded, modified, publicly displayed, translated, posted or transmitted in any form or by any means (including “mirroring”) without the prior written consent of NyAsianFood or its licensors.

NyAsianFood authorizes you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use provided that you do not (i) remove any proprietary notice language in all copies of such documents, and (ii) make any additional representations or warranties relating to such documents. Any special rules for the use of other items provided on the Platform may be included elsewhere within the Platform and shall be incorporated into these Terms of Use by reference. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not use the Platform for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of NyAsianFood or others. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform. You may not attempt to gain unauthorized access to the Platform through hacking, password mining or any other means. NyAsianFood reserves the right, in its sole discretion, to terminate your access to the Platform, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

You may not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of NyAsianFood, including any NyAsianFood account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

6. NyAsianFood Service Interruptions

You acknowledge that from occasionally the NyAsianFood Service or this Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) periodic maintenance procedures or repairs; (ii) equipment malfunctions; or (iii) causes beyond the reasonable control of NyAsianFood.

7. Promotions and Promotional Codes

From time to time, NyAsianFood may create public or account-specific promotional codes that may be redeemed for purchases or offers on the Platform, subject to any additional terms and conditions for such promotional code (each a “Promo Code”). These Promo Codes shall be void where prohibited. You acknowledge and agree that a Promo Code: (i) must be used for the intended recipients/account and purpose, and in a lawful manner; (ii) shall only be used pursuant to the specific terms that NyAsianFood establishes for such Promo Code; (iii) may not be duplicated, sold or transferred in any manner, or made available to the general public or recipients that were not intended or permitted by NyAsianFood (whether posted to a public forum or otherwise), unless expressly permitted by NyAsianFood; (iii) may be disabled by NyAsianFood at any time for any reason without liability to NyAsianFood; (v) is not valid for cash; and (vi) may expire prior to your use. In the event that NyAsianFood reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms and condition, or these Terms of Use, NyAsianFood reserves the right to withhold or deduct credits or other offers or benefits obtained through the use of Promo Codes by you or any other user and suspend your account without any liability.

8. Disclaimers

NYASIANFOOD DOES NOT PROMISE THAT THE PLATFORM OR ANY CONTENT, SERVICE OR FEATURE OF THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. YOU EXPRESSLY AGREE THAT USE OF THE NYASIANFOOD SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE NYASIANFOOD SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PLATFORM IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NYASIANFOOD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE NYASIANFOOD SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE NYASIANFOOD SERVICE; NYASIANFOOD DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. NYASIANFOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE NYASIANFOOD SERVICES. NYASIANFOOD DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

EXCEPT WHERE PROHIBITE BY LAW, IN NO EVENT SHALL NYASIANFOOD, ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “NYASIANFOOD PARTIES”) BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE NYASIANFOOD SERVICE, OR THE INTERNET. NYASIANFOOD’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE NYASIANFOOD SERVICE AND THE PLATFORM AND TO TERMINATE THIS AGREEMENT. NYASIANFOOD RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER.

10. Indemnity

You agree to defend, indemnify, and hold NyAsianFood Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements or expenses (including attorney’s fees) made by any third party out of or in connection with your use of the Service, Platform or Contents, or your violation of these Terms of Use.

11. Void Where Prohibited

NyAsianFood administers and operates the Platform from its location in Plainview, New York, USA. Although the Platform is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Platform are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Any offer for any feature, product or service made on the Platform is void where prohibited. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer, Limitation of Liability, Use Restrictions, Indemnity, Applicable Laws, and Entire Agreement.

12. Applicable Laws

This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with NyAsianFood or relating in any way to your use of the Service or the Platform resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving NyAsianFood Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred. You and NyAsianFood agree that, by entering into this agreement, you and NyAsianFood are waiving the right to a trial by jury.

13. Severability and Non-Waiver

If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

14. Entire Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of NyAsianFood on this Platform, these Terms of Use, the Customer Agreement and the NyAsianFood Privacy Policy, constitute the entire agreement between you and NyAsianFood with respect to the use of the Service, Platform and Contents.

15. Feedback and Information

Any feedback you provide at this site or to NyAsianFood shall be deemed to be non-confidential. NyAsianFood shall be free to use such information on an unrestricted basis.