Terms of Use

These Terms of Use (“Terms”) are an agreement between you (“you”) and Basil Street Café, Inc. (including without limitation its brands, such as APK) (“Company”, “we”, “us” or “our”) that allows you to use our website as long as you follow the Terms. 

By accessing or using any of our website, content, data, or information supplied to you by the Company (collectively, as applicable, the “Website“), you signify your agreement to (1) all terms and conditions in these Terms, and (2) our privacy policy located on our website (“Privacy Policy”).

 

  1. DESCRIPTION OF WEBSITE

 

Any reference to the “website(s)”, the “web site(s)”, the “site”, “www.eatbasilstreet.com”, or other similar references, shall include any and all pages, subdomains, affiliated domains, brands, products or other areas of our website, or any other affiliated sites or domains owned or operated by or on behalf of us, plus any of the online content, information and Website as made available in or through the Website.. Any reference to “content” shall include all content in all forms or mediums, such as (without limitation) text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Website.

 

  1. ACCESS

 

You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written consent of Company or the respective licensors of the content. Company and its licensors reserve all rights not expressly granted in and to the Website and their content.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

 

III.  YOUR OBLIGATIONS

 

You must comply with the terms of any applicable policies posted in our Website, including any Acceptable Use Policy.

 

You may not:

 

  1. restrict or inhibit any other user from using and enjoying the Website;
  2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
  3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Company) or engage in spamming or flooding;
  4. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
  5. upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto;
  6. resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Website, or access to them;
  7. use email addresses obtained from the Website for solicitation purposes of any kind, directly or indirectly;
  8. use data mining, robots or other similar data gathering and extraction tools;
  9. access (or attempt to access) this site through any automated means (including use of scripts or web crawlers);
  10. make any derivative works based, in whole or in part, on any portion or all of the Website;
  11. use i-frames, webpage frames, or any similar framing, to enclose, capture or distribute any part of the Website;
  12. mirror or cache or store any pages or portions of the Service;
  13. co-brand any portion of the Website;
  14. otherwise imply any relationship with or endorsement of your brands or Website;
  15. use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Website;
  16. portray Company or any company affiliated with it in a negative manner or otherwise portray its Website in a false, misleading, derogatory or offensive manner;
  17. use the Website in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party’s use and enjoyment of the Website;
  18. attempt to gain unauthorized access to any Website or information to which you have not been granted access through password mining or any other process;
  19. post or transmit any photograph or likeness of another person without that person’s consent, if and to the extent necessary under applicable laws;
  20. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Website for commercial purposes (other than as expressly permitted by the Website and by the provider of such information, software or other material); or
  21. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Website which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.

 

Company has no obligation to monitor the Website. However, you acknowledge and agree that Company has the right to monitor the Website electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its customers.   Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.

 

You agree not to copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Website or learned by you from your use of or access to the Website.  You agree not to use the Website to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity. Materials you post to the Website may not contain URLs or links to websites that compete with the Website nor other competitive content or references.

 

We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to our publicly available website(s), subject to the terms hereof, provided that the link does not portray us or our products or Website in a false, misleading, derogatory, or offensive matter, and provided you do not i-frame them or alter the content therein or in any way imply a relationship therewith. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

 

While this Section highlights some of your key obligations, headers and section titles are for convenience only, and you are bound by all the terms of this Agreement.

 

  1. WARRANTIES AND LIMITATIONS OF WARRANTIES.

 

If you are not completely satisfied with the Website, your sole remedy is to cease using the Website. 

 

THE WEBSITE, THE WEBSITE, AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING, ARE PROVIDED “AS IS.”  EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA.   WE DO NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. 

 

VII.  LIMITATIONS OF LIABILITY.

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE WEBSITE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.  

 

You acknowledge that the information on the Website and other Website is provided ‘as is’ for general information only.

 

 

VIII.  MODIFICATIONS TO WEBSITE

 

We reserve the right to modify or discontinue the Website at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc.  In the event of such modification or discontinuation of the Website.

 

  1. OWNERSHIP

 

We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Website, the website and all information, content, and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and our brands and logos, and any data compilations, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Website, and all Website usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Website, including without limitation any aggregated and anonymized data extracted or derived from the Service, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data and other aggregated and anonymized data collected from user data and files. We own the rights to any metadata we collect from or about your use of the Website. Without limiting the generality of the foregoing, we reserve the right to create and market public indexes, analysis or insights created from such data. You agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by us, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent.

 

Unless otherwise stated, all content in our websites or other Website, is our property or the property of third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.

 

Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.

 

  1. INTERNATIONAL USERS

The Website are controlled, operated and administered by us from within the United States. We make no representation that this site is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. is still subject to this Agreement. Access to the Website is expressly prohibited from territories where this site or any portion thereof is illegal. You agree not to access or use any information or materials on the Website in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Website.  Any personal information which we may collect via the Website may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.

  1. THIRD PARTY CONTENT AND WEBSITE

Certain content (including without limitation advertisements) on the Website may be supplied by third parties. Company does not have editorial control over such content. Any opinions, advice, statements, Website, offers, or other information that constitutes part of the content expressed or made available by third parties, including without limitation, suppliers and vendors, advertisers, or any customer or user of the Website, are those of the respective authors or distributors and not of Company or its affiliates or any of its officers, directors, employees, or agents. In many instances, the content available on the Website represents the opinions and judgments of the respective third parties, whether or not under contract with Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Website. Under no circumstances shall Company, or its affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any content or other information obtained through the Website.  

The Website may integrate and/or interact with third party Website, such as via APIs or browser extensions. For example, the Website may leverage APIs from third parties, and/or rely on third party browser extensions, and Company has no affiliation, association, endorsement, or sponsorship by any other third party Website with which it integrates or interacts from time to time (collectively, “Third Party Website”). Company makes no claim, representation or warranty of any kind, type or nature concerning any Third Party Website, nor Company’s or any User’s compliance with any third party terms of service for any such Third Party Website (collectively, “Third Party Terms”).. Each User is solely responsible for their interpretation of Third Party Terms and their actions relevant to compliance thereof. By using the Website, you hereby release Company and waive any and all claims or claim rights that you may have against Company, and release and indemnify Company against any claims that any third party may have against you, including with respect to your use of any Third Party Website, including if accessed or used via our Website, and with respect to Third Party Terms, applicable privacy policies or any other rules or regulations of such third parties.

You understand that when using the Website, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website.

As a convenience to you, Company may provide, in or through the Website, one or more links to third party web sites or Website and/or provide email contacts respecting third parties. Company makes no endorsement of such third parties, nor any representation or warranty regarding anything that takes place between you and any such third parties, including, without limitation, visits to third party web sites, Website, email correspondence with third parties, and business or other transactions with third parties found through the Website. Please understand that such third parties are independent from and not controlled by Company, even if, for example, a Company link or logo appears on a website linked from this website or our other Website. It is up to you to read those third party sites’ applicable terms of use, privacy, and other applicable policies. For example, without limitation, we may outsource operation of certain aspects of our Website to one or more third parties, and they may have access to certain data by virtue of operating such Website, subject to their own policies.

XII.   Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent thereof and believe that any content in our Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Company’s designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at Legal@eatbasilstreet.com. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.

 

  1.     If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Company’s sole discretion.

XIII.      CLASS ACTION WAIVER AND ARBITRATION

 

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US.

 

Except if you opt-out as expressly permitted below, or except to the extent contrary to applicable law (“Excluded Disputes”), you hereby agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these Terms of Use and/or rights of privacy and/or publicity, may, in our discretion, be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. You agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Website. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. 

 

 

XIV.      MISCELLANEOUS.

 

You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the Website, or the transactions contemplated in this Agreement. This Agreement, the Website, and the rights and obligations of the parties with respect to the Website will be subject to and construed in accordance with the laws of the State of Kansas, excluding conflict of law principles. By accessing or using any Website you agree that the statutes and laws of the State of Kansas, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use thereof. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of Leavenworth, Kansas with respect to such matters. This is the entire agreement between you and Company with regard to the matters described herein and govern your use of the Website, superseding any prior agreements between you and Company with respect thereto. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Website must be filed within three (3) months after such claim or cause of action arose or be forever barred. 

Last Updated:  January 2021

Terms and Conditions

If you are not satisfied with the quality of your pizza, we will issue a refund to the credit card used in the purchase, subject to the terms and conditions below.

The Quality Guarantee only applies to a pizza you order and purchase directly from Basil Street Cafe kiosk that is not of satisfactory quality. Examples of unsatisfactory quality include: temperature (cold),

undercooked/overcooked pizza, skimpy toppings, wrong pizza/toppings, and damaged pizza. The Quality Guarantee excludes any issues regarding the delivery time.

To the extent permitted by law, Basil Street Cafe’s liability in relation to any product or service purchased as a consequence of your use of this kiosk is limited to the purchase price paid by you to Basil Street Cafe for the pizza.

Our pizza is intended to be hot and could cause injury if not handled properly. To the extent permitted by law Basil Street Cafe will not be liable for any direct, incidental, consequential or indirect damages, resulting from your access to, or use of, or inability to use this kiosk, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with this paragraph but allows a limitation of a certain maximum extent then our liability is limited to that extent.​

To claim the Quality Guarantee: Call 888-616-9973 or email the information below and identify which kiosk location you ordered your pizza from, the date/time of and reason for the dissatisfied purchase, and the last four digits of your credit card. Please also indicate if a debit card was used. Email all info to: cs@eatbasilstreet.com.

Basil Street Café, Inc.    2100 Geng Road Ste 210     Palo Alto, CA 94303

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