IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”). THEY CONTAIN LIMITATIONS ON Texas Chicken ™’s LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
By installing, accessing, entering, or using any websites, mobile applications, email newsletters, subscriptions, or other digital features where these terms are posted or referenced (collectively referred to as the "Online Services"), you are entering into a binding agreement with Al Yousra General Trading Company ("Texas Chicken," "we," or "us") in Iraq. These Terms of Use govern your use of the Texas Chicken™ Online Services, which includes the programs, offers, content, information, services, and features made available through the Texas Chicken™ Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the Texas Chicken™ Online Services.
We reserve the right to update, change, amend, or revise these Terms and Conditions of Use at any time. Any changes will become effective upon being posted on Texas Chicken’s Online Services, along with the date of the most recent update.
Your continued access to or use of Texas Chicken's Online Services, programs, and offers after any such changes indicates your acceptance of the amended Terms and Conditions of Use. It is your responsibility to regularly review the Terms and Conditions of Use for updates.
The Online Services are not intended for use by, or targeted at, anyone under the age of 16. You must be at least 16 years old to use the Online Services. If you are a minor under the law, you must review these terms with your parent or guardian to ensure they understand and agree to them before you can use the Online Services.
If you, your parent, or your guardian do not agree to these terms, you must immediately stop using the Online Services and request Texas Chicken to close any Online Services account you have created. You can request account deletion by emailing s.sarbast@tciraq.com. Please include the email address associated with the account you wish to delete.
Texas Chicken is the exclusive licensee of the intellectual property used in the Online Services, which belongs to the franchisor and licensor, Cajun Global LLC (“Cajun”).
1- About The Online Services.
Product and Service Availability: Texas Chicken products and services are available in various parts of the world. However, the Online Services may describe products and services that are not available globally.
Road Safety Rules: Wherever you use the Online Services, you must adhere to traffic laws as well as all applicable rules and regulations. You are prohibited from using the Online Services while driving, sitting behind the wheel, or in control of a moving, stationary, or parked vehicle. For safety reasons, you should only use the Online Services when it is legal and safe to do so.
Responsibility for Your Devices and Accounts: You are responsible for the devices and accounts you use. You are also responsible for any hardware, software, and services required to use the Online Services. Texas Chicken does not guarantee that the Online Services will work fully on any specific device or software. Additionally, you are responsible for any fees, charges, and taxes associated with sending messages and data in connection with your use of the Online Services, including when we communicate with you via text messages, email, or other means you choose. You are only permitted to use the Online Services on devices you own or control, and only with a licensed operating system (e.g., Apple’s iOS for Apple devices). If you create an account for the Online Services, you are responsible for securing your account and for all activities conducted under that account. You may only use one account for the Online Services and must ensure that your account information is accurate at all times.
Texas Chicken’s Right to Update or Terminate the Online Services: You understand and agree (with or without notice) that Texas Chicken has the right to update, modify, or terminate the Online Services (or access to them) from time to time, including by sending updates (or removing their functionality or access) to any Texas Chicken mobile applications you have downloaded to your devices.
Updates to These Terms:Texas Chicken reserves the right to update these terms at any time at its discretion. If Texas Chicken makes significant changes to the terms, we will notify you by appropriate means, such as posting the new terms on the Online Services. If you do not agree with the modified terms, you must cease using the Online Services and request that Texas Chicken close any Online Services account you have created. To close your account, you can send an email to us at s.sarbast@tciraq.com
How to Contact Us: If you have any questions or comments regarding the Online Services, please refer to the "Contact Us" section related to the Online Services, or you can always reach us by sending an email to s.sarbast@tciraq.com
2- Online Order Terms.
Online Order Terms: All products are subject to availability at the nearest restaurant. If an item is unavailable at the time you place your order, we will notify you and refund the full amount of your order using your original payment method. Delivery through the mobile app is available in delivery areas, and our app will notify you if our system determines that you are within or outside the delivery zone. If, during delivery, the customer is not available at the specified address, the ordered meals should not be delivered elsewhere. In such cases, Texas Chicken will assume all legal responsibilities arising from the order being delivered to an address where the customer is not present.
Order Instructions:The product images and packaging on the Online Services are for illustrative purposes only and may not match the product or packaging you receive from the restaurant. Differences may arise due to factors such as, but not limited to, your device’s color display, the ingredients used, suppliers, and the country or region.
Unless there are exceptional circumstances, we will ensure the delivery of your orders within the timeframes specified in the final order confirmation. However, we do not accept responsibility for any delays due to weather conditions, traffic congestion, or any event of force majeure.
- Delivery fees vary depending on location and food delivery apps.
- Delivery prices vary by restaurant.
- A minimum order amount is required according to food delivery apps.
- Special requests can be made in the "Notes" section on unified platforms.
- The order timing depends on the operating hours of the stores within the delivery area.
- Meal prices may vary if they include additions such as side dishes and drinks.
- Online payment transactions are accepted.
- To facilitate the ordering process, spices are assigned based on standard customization. Additional charges may apply for spices/sauces as shown on the website.
- Cash payment is required upon food delivery. We are unable to issue refunds, or accept changes or cancellations to an order once the order is confirmed or paid.
- While we will make every effort to deliver your food orders within the specified time frame, to ensure the safety of our Texas Chicken shipments, delivery times may be affected by weather conditions and/or traffic. No liability will be incurred for any such delays.
- Texas Chicken delivery service is subject to availability.
- The terms of the web order and any disputes arising from the web order terms are governed by the laws of Iraq. You agree to submit to the exclusive jurisdiction of the courts of Iraq in relation to any such disputes.
We may change the web order terms from time to time, and any continued use of the site will be considered as acceptance of these web order terms. These web order terms, along with the site terms, privacy policy, and any other policies you may agree to, constitute the entire agreement between you and us regarding your use of the site.
Texas Chicken is not responsible for any damages or injuries resulting from — but not limited to — any performance failures, errors or omissions, interruptions or defects, delays in operation or transmission, computer viruses, or communication line failures. Texas Chicken will not be liable for any damages or injuries, including — but not limited to — special or consequential damages arising from the use or inability to use the materials on this site, even if there is negligence on the part of Texas Chicken or if an authorized representative of Texas Chicken has been advised of the possibility of such damages, or both. The above limitation or exclusion does not apply to you to the extent that applicable law does not allow such a limitation or exclusion of liability for incidental or consequential damages. Texas Chicken’s total liability for all your losses, damages, and causes of action, whether contractual or tortious (including but not limited to, negligence or otherwise), will not exceed the amount you paid to access this site.
3- Return And Cancellation Policy
The Texas Chicken Privacy Statement is included in these terms as part of the agreement. The Privacy Statement outlines our information practices, including how we collect, use, and share information.
How We Communicate with You:Through the online services, you can choose to receive emails or text messages sent to the mobile number you provide to Texas Chicken, through which you will receive notifications. By selecting any communication method, you understand and agree that you will receive marketing, business, and other messages from Texas Chicken. Texas Chicken has the right to use the information you provide to communicate with you in accordance with the Texas Chicken Privacy Statement.
Choosing to Opt-Out of Communication Channels: We give you the option to choose how you communicate with us. You can generally view your preferred communication methods and instructions for opting out in the profile section of the online services you use. You may also be able to change your preferred communication methods using your device settings. Additionally, our communication channels may include an opt-out option. You understand and agree that you may need to manage your preferred communication methods separately for each communication channel. For example, if you choose not to receive marketing emails, you will still receive marketing text messages if you opt to receive them. While we strive to provide suitable options for managing your preferred communication methods, you may need to adjust them individually for each online service. Please note that for account-related matters and transactional communications, the only way to stop correspondence will be to close your online service account. Finally, if you receive messages from non-developmental licensors or Texas Chicken partners, or from Texas Chicken itself, you will need to opt out directly from them.
Additional Information About Text Messages: When you choose to opt-out of any of our text message programs, you understand and agree to continue receiving automated text messages from the system. You also understand and accept that your consent is not required for making any purchases. If you wish to withdraw your consent and unsubscribe, please send a text message with the word "STOP" to s.sarbast@tciraq.com
4- Offers.
You may receive offers through the online services. The following general terms apply to these offers: (1) The offer may only be available through the specific online service, applicable to the listed product, subject to availability, and valid at participating restaurants only until the expiration date. (2) Service hours apply (e.g., offers excluding breakfast may not be available during breakfast hours). (3) Unless stated otherwise, each offer expires upon redemption. (4) Only one offer may be used per visit to the restaurant.(5) Offers are non-transferable.(6) No monetary compensation is provided. Additionally, certain specific terms may apply to the offer and will be listed in the app alongside the offers. Not all offers may be linked to orders.
When you purchase products directly from restaurants. When redeeming offers, you redeem them directly at the participating restaurant, and the contract for supplying the products is between you and the restaurant that accepts your order. The restaurant from which you receive your products is responsible for preparing and providing the products on our behalf. You also understand and agree that you are purchasing directly from the restaurants, not from Texas Chicken or any other members of the Texas Chicken system, and you agree that no other member of the Texas Chicken system will be held responsible for any issues related to or arising from any products you purchase from us through the order.
About the products in the online services: All products are subject to availability at the restaurant from which you will pick up your order. Some restaurants may not sell all products. The images of the products and their packaging on the online services are only examples and may not match the product and packaging you receive from the restaurant. Differences may be due to how your device displays colors or other factors such as the ingredients used, the supplier, the region, and the season of the year.
About the products in the online services: All products are subject to availability at the restaurant from which you will pick up your order. Some restaurants may not sell all products. The images of the products and their packaging on the online services are only examples and may not match the product and packaging you receive from the restaurant. Differences may be due to how your device displays colors or other factors such as the ingredients used, the supplier, the region, and the season of the year.
Refund rights and consumer rights: If you wish to request a refund for any reason, including dissatisfaction with the product or other reasons, please contact the restaurant from which you purchased the product regarding the refund of any amount owed to you. Your legal rights in this regard will not be affected by anything stated in these terms.
5-Ownership and Licensing of Online Services.
The intellectual property rights of Texas Chicken, including all rights in the online services, remain the exclusive property of Texas Chicken or its licensors. For clarification, "online services" includes any and all content of the online services, such as, but not limited to, texts, images, graphics, logos, headers, key codes, pictures, audio clips, video clips, data, and other materials (collectively referred to as "content"), as well as any part of the online services. The online services are licensed, not sold to you. Nothing in these terms is intended to waive or grant any such rights to you. You are prohibited from taking any action that may jeopardize, limit, or interfere with the rights of Texas Chicken or its licensors.
Your license to use the online services: subject to these terms, grants you a personal, non-exclusive, non-transferable, and non-revocable license to use the online services solely for your personal use and for non-commercial purposes, in accordance with these terms. For clarification, "use" includes the right to access, interact with, and display the services. No licenses or rights are granted to you implicitly or otherwise, except for the licenses and rights expressly stated here. Texas Chicken retains all other rights.
Trademark Information: The trademarks and all visual elements, including the look and feel displayed on the online services, are distinctive and protected trademarks or trade dress of Texas Chicken or its licensors. The online services may include names, trademarks, and service marks owned by third parties.
6- Displaying User Data on the Site and Unsolicited Ideas.
Some online services may allow you to submit comments, feedback, suggestions, ideas, photos, images, inquiries, complaints, or other information submitted to Texas Chicken through the online services (collectively referred to as "User Data"). You understand that by submitting any information to Texas Chicken through the online services, you grant Texas Chicken a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to use, extract, distribute, sublicense, modify, translate, create derivative works from, publicly display, and publicly perform the User Data, including for commercial or any other purpose, without your approval or compensation to you or any other person. Texas Chicken is not obligated to treat any submission of User Data as confidential.
Texas Chicken's policy is not to consider unsolicited ideas. While we appreciate that you take time to think about Texas Chicken, we cannot review new ideas outside of the Texas Chicken system. You explicitly waive any and all claims against Texas Chicken and members of the Texas Chicken system regarding the review, use, or development of any product, idea, or materials similar or identical to your submitted data, either currently or in the future. For more information, please refer to the Texas Chicken FAQs.
7- Acceptable Uses and Restrictions
Regarding the online services (including content), you and others are prohibited from the following:
a. Using the online services for any illegal purpose or any purpose prohibited by these terms.
b. Removing or altering any copyright, trademark, or other proprietary notices.
c. Attempting to gain ownership or title to the online services, including content.
d. Using, copying, distributing, republishing, disclosing, uploading, commenting on, or sending the online services or content in any commercial manner.
e. Renting, leasing, selling, sublicensing, lending, translating, merging, quoting, customizing, assigning, incorporating, or combining the online services into any other programs or services.
f. Separating, disassembling, decompiling, or reverse-engineering the online services or creating derivative works based on the online services.
g.Transferring, providing, broadcasting, or re-broadcasting the online services in violation of laws or regulations concerning embargoes, commercial sanctions, or other technology control regulations.
h. Using or operating any unauthorized automated technology or system to access the online services or extract content from the online services, including but not limited to robots, spiders, screen scrapers, or offline readers.
i. Attempting to disrupt, damage, overload, or harm unauthorized access to the online services, or any accounts used in connection with the online services.
8.Limiation On Liability And Discalimers
Limitations on Texas Chicken’s liability. NEITHER TEXAS CHICKEN NOR CAJUN SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT TEXAS CHICKEN’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY TEXAS CHICKEN’S OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. TEXAS CHICKEN RESERVES ALL LEGAL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS OR AS ALLOWED BY LAW.
Texas Chicken provides the online services “AS-IS” and without any warranties: The online services may include inaccuracies or errors. TEXAS CHICKEN PROVIDES THE ONLINE SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TEXAS CHICKEN DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TEXAS CHICKEN DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST TEXAS CHICKEN AND CAJUN SYSTEM FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Third party services: The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “Third Party Services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Texas Chicken does not endorse and is not associated with any of these Third Party Services. Texas Chicken HAS AND ALL OTHER MEMBERS OF THE Texas Chicken SYSTEM HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICE
Events beyond our control: Texas Chicken and other members of the Texas Chicken system have no responsibility for Texas Chicken’s failure to perform any of ITS obligations under these terms caused by or related to any event beyond Texas Chicken’s reasonable control. If such an event occurs, then Texas Chicken’s obligations under these terms will be suspended for the duration of the event; and Texas Chicken may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
9- Apple Application
These terms supplement the terms and conditions of Apple Inc. ("Apple") (available on the website:http://www.apple.com/legal/itunes/us/terms.html#service)), including the End User License Agreement for the licensed application included in these terms ("Apple’s Terms"). By using the online services through accessing the application ("Apple Applications"), you also acknowledge and agree to the following:
- Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact Texas Chicken, not Apple, using the above Support Services details;
- except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and Texas Chicken (and not between you, or anyone else, and Apple); and
- n the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
10- Miscellaneous
- Texas Chicken will not make any representations regarding the suitability or availability of the online services outside of Iraq. If you use the online services from other locations, you are responsible for complying with the applicable local laws.
- These terms are governed by and interpreted in accordance with the laws of Iraq, regardless of any conflicting legal principles.
- Although these terms apply only to the online services between Texas Chicken and you (and, consequently, Apple is not a party to these terms, nor is any other member of the Texas Chicken system), other members of the Texas Chicken system are considered third-party beneficiaries under these terms and will have the right to enforce the rights held by Texas Chicken against you under these terms to the extent that these terms concern them; there are no other third-party beneficiaries under these terms.
- These terms are available in both Arabic and English. Any translation of the terms into another language is for convenience only, and to the extent that there is no conflict with any translations, the English version shall prevail
- Evidence of unlawful use of this site will be provided to the relevant law enforcement authorities.
- This is the entire agreement between the parties regarding the use of this site. The terms and conditions may be amended at any time by updating this notice.
- The products and services of Texas Chicken are available in most parts of the world, but the Texas Chicken website may describe some products and services that are not available worldwide. This site may be linked to other sites that are not operated by Texas Chicken, and therefore Texas Chicken is not responsible for the content of those sites. The presence of such links to those sites does not imply endorsement by Texas Chicken of those sites.
- When these terms end or your right to use the online services is revoked, all rights granted to you under these terms will cease. However, these terms will continue to apply to your prior use of the online services and anything related to or arising from such use. Upon termination, all rights of Texas Chicken and members of the Texas Chicken system, including all intellectual property rights and ownership rights and licenses granted under these terms, as well as all usage restrictions and all liability limitations and disclaimers, shall remain in effect.
- All terms and conditions in these terms are severable and enforceable separately. If any of them is deemed illegal, invalid, or unenforceable, the remaining terms and conditions will continue to be valid and enforceable.
- If Texas Chicken does not insist that you comply with your obligations under these terms, or if there is a delay in enforcing Texas Chicken's rights against you, this will not imply a waiver of Texas Chicken's rights nor indicate your non-compliance with these obligations.
- Texas Chicken has the right to assign its rights and obligations under these terms to another entity, but this will not affect your rights or our obligations under these terms. You may assign your rights or obligations under these terms to another person only with the written consent of Texas Chicken.
11- Links To Other Sites
We may offer links to sites that are not operated by Texas Chicken. If you visit one of these linked sites, you should review their privacy policies and other policies. We are not responsible for the policies and practices of other companies, and any information you provide to those companies is subject to their privacy policies.
12- Other Texas chicken Web Sites
All Texas Chicken web sites operated by Texas Chicken will adhere to this privacy policy. However, the policies of some Texas Chicken sites may vary due to local customs, practices, laws, or circumstances unique to that site.
13- Franchise Website
Many Texas Chicken restaurants are owned and operated by franchise companies, which are independent businessmen and businesswomen. Some franchise entities also operate websites. In many cases, franchise websites follow this privacy policy. However, please review the privacy policy of each site to determine the specific privacy practices of that site.
14- Termination
Texas Chicken or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Texas Chicken sites, and (b) all related documentation and all copies and installations (together the "Materials"). Texas Chicken may terminate this agreement immediately without notice if it finds, in its sole judgment, that you have breached any term or condition of this agreement. Upon termination, you must destroy all Materials.
15- For changes to our privacy policy
This privacy policy is effective as of 1 February, 2020. From time to time, it may be necessary for Texas Chicken to change this privacy policy. If we change our policy, we will post the revised version here, so we suggest that you check here periodically for the most up-to-date version of our privacy policy. Rest assured, however, that any changes will not be retroactively applied and will not alter how we handle previously collected information.