OC Swag Shop Policy
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from the Orange Chicken Swag Shop at http://www.orangechickenlove.com/swag or other websites operated by Panda Restaurant Group, Inc. or an affiliate or subsidiary thereof that sells merchandise (the "Website"), as part of the buying and selling process, Panda Restaurant Group, Inc., its subsidiaries, and affiliated companies (collectively, "We" or "Panda") collect the Personal Information you give us such as your name, address and email address (collectively, the "Personal Information")
When you browse the Website, We also automatically receive certain website usage information, including the number and frequency of visitors and users to the Website. Website usage information also includes the domain names and/or corresponding IP addresses (a numerical identifier for a computer on the Internet) of those who visit the Website.
SECTION 2 - CONSENT
When you provide us with Personal Information for purposes relating to a transaction, including, without limitation, to verify your credit card, place an order, arrange for a delivery or return a purchase, We imply that you consent to our collecting it and using it for transaction-related purposes or our internal purposes (including improving content and navigation on the Website and in the development of new features and services).
E-mail marketing: If you click "yes" on the applicable opt-in checkbox, you consent to receiving emails about our Website, new Panda products and offerings, news alerts, and other marketing materials.
If after you opt-in to e-mail marketing you change your mind, you may opt-out by following the opt-out instructions that will appear on the marketing e-mails.
SECTION 3 - DISCLOSURE
We may disclose your Personal Information to enforce our Terms of Service or share such information with i) the issuer of a criminal or civil subpoena; ii) governmental authorities when legally required to do so; or iii) governmental authorities investigating a crime.
SECTION 4 - SHOPIFY
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more information, please read Shopify’s Terms of Service at https://www.shopify.com/legal/terms or Privacy Statement at https://www.shopify.com/legal/privacy .
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose the Personal Information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information. We are required to provide to them for your purchase-related transactions.
For these providers, please read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your Personal Information, We take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, We follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
We employ cookie technology to help visitors move faster through the Website. When a visitor accesses our website and takes advantage of certain features, we place several cookies on that visitor's computer. A cookie is a string of information sent by a website and stored on your hard drive or temporarily in your computer's memory. This allows the website to recognize you as you move through the website without having to keep asking you for your username and password. We also employ cookie technology to store usernames and passwords to make the login process easier and faster. Most Internet Browsers allow you to erase, block or give you a warning before a Cookie is stored. You will be able to visit most of the areas on our websites without a cookie being stored. Further information about cookies can be found at http://www.microsoft.com/info/cookies.htm.
SECTION 8 - AGE OF CONSENT
Child privacy law states you cannot provide us with Personal Information if you are under the age of 13. If you do provide us with Personal Information, you represent that you are at least 13 years old. We do not knowingly request, solicit or collect Personal Information from any person we know to be under the age of 13. In the event that we receive actual knowledge that we have collected or received Personal Information from anyone under the age of 13, we will immediately delete that information from our database as soon as practicable. If a parent or guardian becomes aware that his or her child has provided Personal Information or otherwise made posts to this Site, the parent or guardian should contact us so that we can delete such information.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any Personal Information We have about you, register a complaint, or simply want more information, please send an email to email@example.com.
TERMS OF SERVICE
By visiting the Orange Chicken Swag Shop at http://www.orangechickenlove.com/swag or other websites operated by Panda Restaurant Group, Inc. or an affiliate or subsidiary thereof that sells merchandise (the "Website") and/ or purchasing something from the Website, you engage in our (“Service”) and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc, which provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof), with or without notice, at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Merchandise purchased through the Website (the "Merchandise") is subject to exchange only according to our Return Policy. Please view the Return Policy at http://orangechickenlove.com/oc-swag-shop-policy for more information.
We have commercially reasonable efforts to display as accurately as possible the colors and images of our products that appear at the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of the Merchandise to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Return Policy at http://orangechickenlove.com/oc-swag-shop-policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the foregoing prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; EXCLUSION OF CONSEQUENTIAL/INCIDENTAL DAMAGES
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Panda Restaurant Group, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Panda Restaurant Group, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW / DISPUTE RESOLUTION / LIMITATION ON LIABILITY
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any claim, issue or dispute, arising with respect to the Services will be conclusively resolved without right of appeal by binding arbitration conducted in California according to the commercial arbitration rules of the American Arbitration Association. Before commencing arbitration, the parties agree to use good faith efforts to negotiate a business resolution for no less than thirty (30) days after the claim, issue or dispute arises. To the extent any claim related to the Services is permitted to be brought in any court, I agree that: (a) such action shall be filed exclusively in the federal or state courts of Los Angeles County, California and I hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action; (b) such action shall be resolved individually, NOT as part of a class action; (c) any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred, but NOT attorney’s fees; and (d) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek punitive, incidental, or consequential damages (other than actual out of pocket expenses), and/or any and all rights to have damages and/or other damages multiplied or otherwise increased.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
PANDA EXPRESS RETURN POLICY
Merchandise purchased through the Orange Chicken Swag Shop at http://www.orangechickenlove.com/swag or other websites operated by Panda Restaurant Group, Inc. or an affiliate or subsidiary thereof that sells merchandise (the "Merchandise"), is not eligible for returns, exchanges, or credits, except if there is a quality concern (as described below) with the Merchandise. Please note that no Merchandise will be accepted at Panda Express restaurant locations for returns, exchanges, or credits. If you have a quality concern issue with the Merchandise, please follow the steps below:
We guarantee the quality and workmanship of the Merchandise for fifteen (15) days from the day you receive your order. If you have a quality concern, please send an email to the Shop Team at email@example.com, and the Shop Team will issue a return authorization number (RA#) if the Merchandise is found to be defective and/or not delivered as ordered. Merchandise will not be accepted without a RA#. Defective Merchandise or Merchandise that was not delivered as ordered will be exchanged and we will send you the proper replacement Merchandise promptly after we receive the defective and/or incorrect Merchandise from you. Shipping charges incurred to send the defective or incorrect Merchandise back to us and to send replacement Merchandise to you will be borne by us.
We will not accept returns on Merchandise that is delivered as ordered and is free from defects. We will not issue refunds or issue credit for defective Merchandise, only exchanges.
Shop Team is available Monday through Friday 8AM to 5PM Pacific.
- All exchange requests must be made within fifteen (15) days of receipt.
- Please ensure that Merchandise is returned in “NEW” condition. Merchandise that has been used will not be eligible for exchange.
- Please include a copy of the packing slip included with your order in your shipment.
- Please send the defective Merchandise via a traceable carrier, and keep the tracking number with you.
- See more at: http://www.orangechickenlove.com/oc-swag-shop-policy#sthash.xA4TxQ89.dpuf