As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that the Terms include the following material terms:
- your use of the tsobtsobe.com web site may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage, messaging and overage, which are your sole responsibility;
- the tsobtsobe.com web site is provided “as is” without warranties of any kind and G-13 Project Inc. (“Tsob-Tsobe!”)’s liability to you is limited;
- if you have an tsobtsobe.com web site account, you may receive coupons when using the tsobtsobe.com web site which can only be used on the tsobtsobe.com web site within thirty (30) days of receipt of the coupon.
- you may receive text messages from or on behalf of tsobtsobe.com web site as a part of the tsobtsobe.com web site at the cell phone number(s) provided by you to tsobtsobe.com web site, and you consent to receiving such text messages.
- disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND tsobtsobe.com website ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Dispute and Arbitration Section below for the details regarding your agreement to arbitrate any disputes with tsobtsobe.com web site; and
Please note that if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the tsobtsobe.com web site, and your parent or legal guardian must read and agree to these Terms prior to your using the tsobtsobe.com website. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the tsobtsobe.com website usage.
The Website is owned and operated by G-13 Project Inc. (“Tsob-Tsobe!”), and is currently hosted in the United States. G-13 Project Inc. (“Tsob-Tsobe!”) reserves the right to modify or discontinue, temporarily or permanently, and at any time, the tsobtsobe.com web site (or any part thereof) with or without notice. You agree that G-13 Project Inc. (“Tsob-Tsobe!”) shall not be liable to you or to any third party for any modification, suspension or discontinuance of the tsobtsobe.com web site.
Please note that G-13 Project Inc. (“Tsob-Tsobe!”) may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website. G-13 Project Inc. (“Tsob-Tsobe!”) may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, occasionally there may be information on the tsobtsobe.com web site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and G-13 Project Inc. (“Tsob-Tsobe!”) reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
The Website is a first-party marketplace for customers (“Customers”) to view, discuss, and place orders for food and beverages, and pick- up and/or delivery services in connection therewith of Tsob-Tsobe! restaurant.
ORDERING AND PAYMENT
When you place an order through the tsobtsobe.com web site, you will be given a choice of payment options, which may include via credit card using either our credit card processor, Amazon Payments Inc., and direct cash on demand payment to Tsob-Tsobe! restaurant. If you pay for your purchase via credit card, we will ask for a valid credit card, as applicable, which will be billed through our credit card processor or Amazon Payments Inc., for the purchase price of the applicable order, and “Tsob-Tsobe!” will be the name that appears on the credit card statement, as applicable.
When do you deliver?
We deliver 20 minutes to 1 hour from the of order. Delivery time varies depending on holidays or weekends.
Where do you deliver to?
Zip codes we deliver to in Brooklyn, NY: 11224, 11235, 11214, 11223, 11229, 11234, 11204, 11210, 11230, 11218
How do you deliver?
We deliver by car.
Cost of delivery?
Online order delivery is free of charge.
How to track an order that’s been delivered?
Please call us.
Pick up option?
Online orders can be picked up at the restaurant in the timely manner, food ordered but not picked up, or picked up very late cannot be returned or refunded.
Tsob-Tsobe! restaurant takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Tsob-Tsobe! restaurant directly. Order cancellations can be done by phone no later than 5 minutes after placing the order.
USER REPRESENTATIONS, WARRANTIES AND COVENANTS
By using the Website, you represent, warrant, and covenant that:
- all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information;
- you will keep your password confidential and will be responsible for all use of your password and your account;
- you are not a minor in the jurisdiction in which you reside, or if you are a minor, that you are above the age of 13 and that you have received the permission of your parents or legal guardian to use the Website; and
- your use of the Website does not violate any applicable law.
CONTRIBUTIONS (IN THE FORM OF PRODUCT REVIEWS)
You are entirely responsible for the content of, and any harm resulting from, your use of and uploading of your Contributions. When you publish or post a Contribution, you thereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize G-13 Project Inc. (“Tsob-Tsobe!”), the Website, and all uses thereof, to use your Contributions as necessary to exercise the licenses granted by you under these Terms;
- your Contribution is not (in all cases as determined by G-13 Project Inc. (“Tsob-Tsobe!”) in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- your Contribution does not constitute, contain, install or attempt to install or promote your Contribution does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on G-13 Project Inc. (“Tsob-Tsobe!”)’s or others’ computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
- your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
- your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation; and
- your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by G-13 Project Inc. (“Tsob-Tsobe!”) in its sole and absolute discretion.
By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to G-13 Project Inc. (“Tsob-Tsobe!”) an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, modify, reformat, translate, excerpt (in whole or in part), create derivative works of and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.
G-13 Project Inc. (“Tsob-Tsobe!”) has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.
G-13 Project Inc. (“Tsob-Tsobe!”) may accept, reject, or remove any Contributions, including restaurant reviews in its sole and absolute discretion, but G-13 Project Inc. (“Tsob-Tsobe!”) has absolutely no obligation to screen or delete Contributions, even if someone considers a particular Contribution to be objectionable or inaccurate. If you are posting a review of Tsobe-Tsobe! restaurant on its Website, your review must comply with the following criteria: (1) you should have firsthand experience with the restaurant; (2) you are not affiliated with any competitors of the restaurant; (3) you will not make any conclusions as to the legality of the restaurants products, services, or conduct; and (4) your review must comply with the other Contribution representations, warranties, covenants, and other agreements in these Terms. Reviews are not endorsed by G-13 Project Inc. (“Tsob-Tsobe!”) (including its Website), and do not represent the views of G-13 Project Inc. (“Tsob-Tsobe!”) or of any affiliate or partner of G-13 Project Inc. (“Tsob-Tsobe!”). G-13 Project Inc. (“Tsob-Tsobe!”) does not assume liability for any review or for any claims, liabilities or losses resulting from any review.
SUBMISSIONS AND FEEDBACK
In addition to the rights granted by you with respect to your Contributions, you acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Website (“Submissions”) provided by you to or via the Website are non-confidential and G-13 Project Inc. (“Tsob-Tsobe!”) (as well as any designee of G-13 Project Inc. (“Tsob-Tsobe!”)) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Website is for personal, noncommercial use only (unless specifically endorse or approved by G-13 Project Inc. (“Tsob-Tsobe!”)). You may not access or use the Website for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by Tsob-Tsobe! restaurant. Additionally, the following uses and activities of and with respect to G-13 Project Inc. (“Tsob-Tsobe!”), including the Website are prohibited:
- criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by G-13 Project Inc. (“Tsob-Tsobe!”);
- systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, any collection, compilation, database or directory;
- engaging in unauthorized framing of or linking to the Website;
- transmitting chain letters or junk email;
- using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user;
- engaging in any automated use of the Website, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected or linked thereto;
- attempting to impersonate another user or person;
- using the username of another user;
- selling or otherwise transferring your profile;
- using any information obtained from the Website in order to harass, abuse, or harm another person;
- using the Website as part of any effort to compete with G-13 Project Inc. (“Tsob-Tsobe!”), the Website or to provide services as a service bureau;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
- attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- harassing, annoying, intimidating or threatening any G-13 Project Inc. (“Tsob-Tsobe!”) employees;
- displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
- deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Website (including any content therein and thereof); and
- using the Website in any manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
As between you and G-13 Project Inc. (“Tsob-Tsobe!”), all of the content included in and as a part of the Website (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “G-13 Project Inc. (“Tsob-Tsobe!”) Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to G-13 Project Inc. (“Tsob-Tsobe!”), and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. G-13 Project Inc. (“Tsob-Tsobe!”) reserves all rights in and to the Website and the G-13 Project Inc. (“Tsob-Tsobe!”) Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website; the license granted hereby does not include any resale or commercial use of the Website, or the G-13 Project Inc. (“Tsob-Tsobe!”) Content. If you download or print a copy of the G-13 Project Inc. (“Tsob-Tsobe!”) Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. 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 G-13 Project Inc. (“Tsob-Tsobe!”) Content or enforce limitations on use of the Website or the G-13 Project Inc. (“Tsob-Tsobe!”) Content therein.
THIRD PARTY WEBSITES AND CONTENT
The Website may contain, or you may be sent through the Website links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by G-13 Project Inc. (“Tsob-Tsobe!”) (including the Website), and G-13 Project Inc. (“Tsob-Tsobe!”) (including the Website) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that G-13 Project Inc. (“Tsob-Tsobe!”) (including the Website) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or as may otherwise relate to any applications that you use or install from the Website. Any purchases you make through Third Party Websites will be through and from the applicable third party, and G-13 Project Inc. (“Tsob-Tsobe!”) (including the Website) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.
G-13 Project Inc. (“Tsob-Tsobe!”) reserves the right but does not have the obligation to:
- monitor the Website for violations of these Terms;
- take appropriate legal action against anyone who, in G-13 Project Inc. (“Tsob-Tsobe!”)’s sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities;
- in G-13 Project Inc. (“Tsob-Tsobe!”)’s sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms or any applicable policy of G-13 Project Inc. (“Tsob-Tsobe!”), the Website;
- in G-13 Project Inc. (“Tsob-Tsobe!”)’s sole and absolute discretion, remove from the Website or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Website’s systems; and
- otherwise manage the Website in a manner designed to protect the rights and property of G-13 Project Inc. (“Tsob-Tsobe!”) and others and to facilitate the proper functioning of the Website.
DATA AND TEXT MESSAGE RATES
You may be able to access the tsobtsobe.com through your mobile device or cellphone. If we are is unable to reach you to complete delivery, we may send you a text message. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data and messaging plans to understand any relevant costs incurred by your use of the tsobtsobe.com website. We are not responsible for any fees charged by your data or cellphone carrier.
You hereby consent to receive text messages from or on behalf of G-13 Project Inc. (“Tsob-Tsobe!”) at the cell phone number(s) provided by you to tsobtsobe.com website. You also agree that such text messages may be generated using an automatic telephone dialing system. You must notify us immediately if the cell phone number(s) you have provided to G-13 Project Inc. (“Tsob-Tsobe!”) are changed or disconnected.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Website. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Website.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, G-13 Project Inc. (“Tsob-Tsobe!”) RESERVES THE RIGHT TO, IN G-13 Project Inc. (“Tsob-Tsobe!”)’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND G-13 Project Inc. (“Tsob-Tsobe!”) MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN G-13 Project Inc. (“Tsob-Tsobe!”)’S SOLE AND ABSOLUTE DISCRETION.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
Your use of the tsobtsobe.com website is subject to any and all additional terms, policies, rules, or guidelines applicable to the tsobtsobe.com website or certain features of the tsobtsobe.com website that we may post on or link to on the tsobtsobe.com website (the “Additional Terms”), such as end- user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the tsobtsobe.com website. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL G-13 Project Inc. (“Tsob-Tsobe!”) OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, G-13 Project Inc. (“Tsob-Tsobe!”)’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO G-13 Project Inc. (“Tsob-Tsobe!”) FOR ORDER PLACED BY YOU THROUGH THE G-13 Project Inc. (“Tsob-Tsobe!”) WEBSITE DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION INITIALLY ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold G-13 Project Inc. (“Tsob-Tsobe!”), its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, and agents (collectively, the “G-13 Project Inc. (“Tsob-Tsobe!”) Indemnitees”) harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of your Contributions, your use of the Website, including, without limitation use in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations, warranties, or covenants set forth in these Terms. Notwithstanding the foregoing, G-13 Project Inc. (“Tsob-Tsobe!”) reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify an G-13 Project Inc. (“Tsob-Tsobe!”) Indemnitee, and you agree to cooperate, at your expense, with G-13 Project Inc. (“Tsob-Tsobe!”)’s defense of such claims. G-13 Project Inc. (“Tsob-Tsobe!”) will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You may be offered coupons if you order from G-13 Project Inc. (“Tsob-Tsobe!”) Website. In order to receive coupons, you must have a valid tsobtsobe.com website account. Unless required by law, such coupons are non-transferrable and are not redeemable for cash or any other consideration. ANY COUPONS WILL EXPIRE THIRTY (30) DAYS AFTER THE ISSUE DATE. If your tsobtsobe.com website account is terminated prior to the expiration date, any unexpired coupons remaining in your tsobtsobe.com website account will be terminated and cannot be redeemed unless as required by law. You are responsible for the unauthorized use of your coupons.
If at any time, G-13 Project Inc. (“Tsob-Tsobe!”) offers gift cards, the following terms shall apply: (1) gift cards cannot be combined with cash, (2) gift cards are redeemable only with online payments; (3) gift cards are not redeemable for cash, (4) lost, stolen or damaged gift cards may be replaced only with valid proof of purchase and to the extent of the remaining gift card balance appears in G-13 Project Inc. (“Tsob-Tsobe!”)’s records, (5) gift cards are not a credit or debit card, (6) there are no expiration dates and no fees for purchased gift cards, and (7) expiration dates or other terms may apply to promotional or service credit gift cards not purchased directly by a consumer.
U.S. EXPORT CONTROLS
Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms constitutes the entire agreement between you and G-13 Project Inc. (“Tsob-Tsobe!”) regarding the tsobtsobe.com Website. The failure of G-13 Project Inc. (“Tsob-Tsobe!”) to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operates to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. G-13 Project Inc. (“Tsob-Tsobe!”) may assign any or all of its rights and obligations to others at any time. G-13 Project Inc. (“Tsob-Tsobe!”) shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond G-13 Project Inc. (“Tsob-Tsobe!”)’s reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the Website, please contact G-13 Project Inc. (“Tsob-Tsobe!”) as set forth below.
G-13 Project Inc. (“Tsob-Tsobe!”)
2817 Coney Island Ave
Brooklyn NY 11235