PLEASE READ THESE TERMS AND CONDITIONS PRIOR TO USING THIS WEBSITE
This is the website (“Website”) of Monark Asian Bistro (“Monark”). By use of this Website you represent that you have reviewed and understand the terms and conditions set forth below and that you agree, without limitation or qualification, to be bound by the terms and conditions herein (“Agreement”).
1. Modifications. This Agreement may be modified at Monark’s sole discretion without notification. Your continued use of this Website shall constitute your consent to any changes. It is your responsibility to review the Terms of Service each time you access Monark’s Website
2. Use of this Website. You acknowledge and warrant that any information you may post, transmit, or submit to Monark’s Website does not. (i) infringe on your rights; (ii) infringe on any third party’s rights, including without limitation intellectual property rights and confidential or proprietary information; and (iii) give rise to civil or criminal liability. Additionally, you acknowledge and warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the Website or to any other user.
3. Termination or Restriction of Access. Your rights to access this Website may be terminated or restricted at any time at the sole discretion of Monark. Monark is not obligated to provide advance notice or reasons for the termination or restriction.
4. Intellectual Property Rights. All intellectual property displayed or otherwise accessible through this website are owned by Monark and third-party content suppliers. The intellectual property on this Website is protected under all applicable copyright and trademark laws of the United States and else other jurisdiction in the world. You agree not to print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this Website, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the foregoing, you may access this website and for your personal, non-commercial use. Nothing in this Agreement shall be construed as granting you a license for anything other than your personal use to access the Website.
5. Content. Monark does not warrant or guarantee the accuracy of any content on this website or that any content is up to date, including without limitation any descriptions, photographs and prices. Monark reserves the right to change and deviate from any menu items, descriptions and prices on the Website at any time without prior notice to you.
6. Hyperlinks. This Website may contain links to other websites that are operated by third-parties and not under the control of Monark. You agree that Monark shall not be responsible for all liabilities that may arise with respect to such third-party websites, which you may access at your own risk. Monark makes no representations or warranties regarding access to or content contained within websites accessible through hyperlinks on this Website.
7. Orders and Payment. When you submit an order through a link on this Website, your order is deemed an offer to Monark. Monark reserves the right to refuse your offer at any time and for any reason, including but not limited to. (a) the availability of the products ordered (Monark specifically reserves the right to revise or cease to make available any of its products at any time); and (b) if the products are incorrectly described or priced on the Website. In the event that your order is cancelled, you shall receive a confirmation of the cancellation. Additionally, if your order is cancelled following payment, Monark will reimburse you for the full amount paid.
The third-party service provider must approve all purchase made using a credit card.
You agree not to resell any products purchased under this Agreement, nor to transfer any of your rights hereunder without the prior written consent of Monark.
8. Food Delivery. Monark does not deliver any food. Food delivery is provided through a third-party food delivery service (“Delivery Service”) and its contractors who have an agreement with such Delivery Service. Monark does not make any warranty or guaranty regarding its food after it is ordered through the Website and picked up by individual who are contracted by the Delivery Service. Monark is not responsible for any act or omission of any individual who delivers food on behalf of a Delivery Service.
9. Errors. Please notify us any errors in your order that is delivered. When notifying us, please include your name, order number, date, time a detailed description of your issue, and a photograph. We will review your comments, but that does not obligate Monark to issue any refund or exchange any items that you ordered. In the event Monark provides you with a refund, it will be issued to the same credit card that was used for the original purchase.
10. Disclaimer. TO THE FULLEST EXTENT POSSIBLE UNDER LAW, USE OF THIS WEBSITE IS AT YOUR OWN RISK, AND MONARK HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARD TO THE WEBSITE AND ANY ORDER YOUR PLACE THROUGH THE WEBSITE. THIS WEBSITE IS PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, AND VIRUSES OR BUGS. THIS WEBSITE MAY NOT BE UP TO DATE, AND CANNOT BE RELIED UPON IN ANY WAY. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO ACCESS OR DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU AGREE TO DO SO AT YOUR OWN RISK.
11. Limitation of Liability. YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES THAT ARISE FROM LAW OR OTHERWISE BASED ON YOUR ACCESS TO OR YOUR ORDERS MADE THROUGH THIS WEBSITE. IN NO EVENT SHALL MONARK OR ITS OFFICERS, REPRESENTATIVES, EMPLOYEE, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED. MONARK AND ITS OFFICERS, REPRESENTATIVES, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, ANY COMPUTER RELATED DAMAGE, OR LOSS OF DATA. MONARK HEREBY EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. THE LIMITATIONS HERE SHALL APPLY EVEN IF MONARK, ITS OFFICERS, REPRESENTATIVES, EMPLOYEES, OR AGENTS WERE INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVEMENTIONED DAMAGES. MONARK’S MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND MONARK.
12. Indemnification. You agree to defend, indemnify, and hold harmless Monark and its officers, directors, employees, representatives, and agents from any claims, lawsuits, actions, liabilities, costs, including attorneys’ fees, or any other damages that arise from your misuse of this Website or the breach of any of the provisions of this Agreement.
13. Force Majeure. You agree that Monark will not be in default of its obligations due to events that are out of its control ("Force Majeure Event") including but not limited to unpreventable accidents, vandalism, riots or civic commotion, delays due to traffic, power outages, computer errors, interruption of internet connections, government orders limiting activities due to pandemics and epidemics, strikes or lockouts, terror attacks, inclement weather, and any other acts of God.
14. Miscellaneous. This Website, any use of this Website, and any dispute relating thereto to or to the orders place through the website or based on information from the Website shall be governed and construed by the laws applicable to the State of California, without regard to conflict of law rules. Both Monark and you agree that any dispute shall take place in the exclusive jurisdiction of Riverside County, California.
This Agreement and the Privacy Policy shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.
Should any provision of this Terms of Use and Shipping Policy be deemed void, invalid or unenforceable, such provision shall be severed from the Agreement, but shall not affect the validity of the other provisions. Any provision severed based on the foregoing reasons shall be replaced with one that most closely reflects of the purpose and intent of such void, invalid or unenforceable provision.