DEFINITIONS AND CONTENTS OF TERMS
Definitions
In these Terms, the below terms have the following meaning:
Service(s): the products and/or services that are offered by Five Guys on the Website for purchase, including food and beverages
Terms: these Terms of Use Website
Us/We/Five Guys: FGE International B.V., a company with is registered office in Amsterdam, the Netherlands, at the address (1019 GM) Piet Heinkade 55, with trade register number 61334790. Contact details are available on the Website
Website: this Five Guys website and any Five Guys mobile application/mobile website through which you access the Website
You: the person that accesses and/or uses the Website and/or the Services
Contents Terms
Article 1: Definition and Contents of Terms
Article 2: Applicability Terms
Article 3: Access Website and Services
Article 4: Rights to Website
Article 5: Disclaimer
Article 6: Limitation of Liability
Article 7: Miscellaneous
APPLICABILITY TERMS
These Terms, together with our Privacy Policies, set out the terms and conditions on the basis of which Five Guys provides access to, and Services through, the Website.
These Terms apply to your access and/or use of the Website and Services through the Website. From the moment that you access the Website, you are bound by these Terms.
These Terms may be amended from time to time. The amended version will then be posted on the Website. You are deemed to be aware of, and bound by, any such revisions to these T&C upon the publication of the revised T&C on the Website. Therefore, please check these Terms regularly.
Processing your personal data submitted via the Website, is governed by and subject to our Privacy Policies – which can be found and reviewed on the Website - and the agreement between Five Guys and a third party provider that operates and manages part of the Website and/or Services. The Privacy Policies may be amended from time to time. Therefore, please check them regularly.
ACCESS WEBSITE AND SERVICES
You are responsible for making all arrangements necessary for you to have access to the Website and the Services. You are also responsible for ensuring that all persons who access the Website or Services through your Internet connection and/or your internet device/mobile application, are aware of these Terms and that they comply with them.
Access to the Website and/or availability of its Services may be suspended (temporarily) and without notice. Five Guys cannot be held liable or responsible in this respect.
RIGHTS TO WEBSITE
All industrial and intellectual property rights – including trademark- and copyrights - in this Website and in material published on it (including, without limitation, text, logo, trademark, photographs and graphical images) are the exclusive property of Five Guys or Five Guys' licensors. Five Guys retains all its rights in this respect.
Any use of extracts from this Website or any materials and information thereon, including to copy, reproduce or publish such information or materials, other than for personal and non-commercial use and only to the extent explicitly permitted under applicable legislation, is strictly prohibited.
No part of this Website may be copied, reproduced or stored in any other website or included in any public or private electronic retrieval system or service, unless with Five Guys’ prior written permission. It is prohibited to alter or amend the Website and the Services.
DISCLAIMER
The Website and the Services are provided as is and as available. Five Guys uses its best efforts that the Website is available twenty-four (24) hours a day and accessible without interruptions, error and virus free. Five Guys or any of its third-party partners cannot, however, be held liable if the Website or any part thereof, is unavailable or has an error- and/or virus at any time and/or for any period.
Five Guys uses if best efforts that information on the Website is and remains correct. Five Guys, however, cannot guarantee that such information is accurate, up to date or complete. You can, therefore, not derive any rights from or rely on that information.
Five Guys makes no, and disclaims all, representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, fitness for a particular purpose, or availability of the Website or parts thereof and the Services, or that the Website will be uninterrupted or error- and/or virus free. Five Guys does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the Website, remains solely with you, to the maximum extent permitted under the laws of the Netherlands.
You are responsible for the security of your password that you used to register with this Website (if you chose to create an account). Unless in case Five Guys negligently discloses your password to a third party, Five Guys will not be liable for any (unauthorized) transaction entered into using your name and password.
LIMITATION OF LIABILITY
Five Guys, and any of our group companies, the officers, directors, employees, shareholders or agents of any of them, cannot be held liable or responsible, and exclude all liability and responsibility, for costs, damages and claims of third parties, including you, including - without limitation - any direct, indirect, or consequential loss or damages, or any loss of income, profits (whether in each case of a direct or indirect nature, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, whether in tort, contract or otherwise, even if foreseeable) in connection with the Website or in connection with the use, and/or inability to use, the Website or its Services or any websites linked to this Website, errors- and viruses, and/or the result of use of this Website and/or use of the materials or information on this Website, and/or any use of any services offered by third party partners of Five Guys. This exclusions of liability does not apply in case of intent or willful misconduct of Five Guys or its managing board, or if otherwise not allowed under mandatory applicable laws.
Five Guys cannot in any case be held liable, and excludes any liability, for (relying on and/or using) information on the Website, also in the event that this information is NOT correct, up to date and/or complete.
Notwithstanding the other provisions in these T&C, in the event that Five Guys, and any of our group companies, the officers, directors, employees, shareholders or agents of any of them, can be held liable and such liability is proven and attributable to it, this liability is limited to: (i) EUR 500 per incident; or (ii) should Five Guys decide and be able to apply to and claim under its insurance, the amount that the insurance pays out in connection with the incident not including the excess of Five Guys under the relevant insurance.
MISCELANEOUS
The specific terms and conditions governing the purchase of a Services, are provided on the ordering part of the Website.
If any provision of these Terms is held invalid or unenforceable for any reason but would be valid and enforceable if appropriately modified, then such provision will apply with the modification necessary to make it valid and enforceable. If such provision cannot be so modified, then you and Five Guys agree that such invalidity will not affect the validity of the remaining provisions of the Terms.
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
Any questions about these Terms can be directed at Five Guys, by using the contact details as published on the Website. Five Guys aims to respond as soon as possible, but at least within two weeks from receipt of the request.
These Terms are construed in accordance with, and governed by, the laws of the Netherlands. Any disputes arising here from, are subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.
Version August 2020
