TERMS AND CONDITIONS
IMPORTANT: READ THESE TERMS OF USE (“Terms”) AND PRIVACY POLICY (“Privacy Policy”, see link in section 9 below), BEFORE USING THE www.mangia.nyc WEBSITE (“WEBSITE”). YOUR USE OF THE WEBSITE WILL INDICATE YOUR ACCEPTANCE OF THE PRIVACY POLICY AND ALL OF THE FOLLOWING TERMS. If the Terms and the Privacy Policy are not acceptable to you, do not use this Website. Mangia Hospitality Group (“the Company”, “our”) reserves the right to modify or discontinue this Website and the Terms at any time with or without notice to users.1. Limitations on Use: This Website is owned and operated by the Company and is for the user’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services (“Materials”) obtained from the Website, except that the user may view the Website content in its present form and the user may download on any single computer one (1) copy of the Materials for personal, noncommercial home use, provided user keeps intact all copyright, trademark and other proprietary notices. The use of any Materials on any other website or networked computer environment is expressly prohibited. The user recognizes that unauthorized use of the Website content may subject user to civil or criminal liability.
The Materials and the Website are the property of the Company or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by the Company to protect its contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on the Website, the Website is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained in the Website. Permission to use the copyrighted content of the Website for commercial purposes must be obtained through the prior written consent of the Company. The Company may withhold its consent for use of the copyrighted content for commercial purposes and will strictly enforce its intellectual property rights under the copyright laws.
The Website is protected under United States trademark law. The trademarks, trade names, logos, service marks, product names and company names (the “trademarks”) appearing on the Website are registered and unregistered trademarks of the Company. All other trademarks, logos, service marks, product names and company names on the Website are the property of their respective owners. Under no circumstances should anything appearing on the Website be construed as granting by implication, estoppel or otherwise any form of license or authorization to use, reproduce or distribute the trademarks displayed on the Website. Licenses to use trademarks appearing on the Website may be obtained through the Company prior written consent. However, the Company may withhold its consent. Misuse of trademarks or any Materials comprising the Website is strictly prohibited. By using the Website, you agree to abide by any and all trademark and service mark notices, information or restrictions contained on the Website. Any copied or downloaded content must retain all trademark and service mark notices. The Company will strictly enforce its intellectual property rights under the trademark laws.
The Materials published on the Website may include inaccuracies or typographical errors. The Company does not warrant or make any representations regarding the use or the results of the use of the Materials in the Website in terms of their correctness, completeness, accuracy, timeliness, reliability or otherwise.
The Company makes no representations or warranties about the Website or the suitability of the Materials contained on the Website for any purpose. THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN “AS-IS” BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF TITLE, NO WARRANTY OF NON-INFRINGEMENT AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE MATERIALS. THE COMPANY MAKES NO WARRANTY OR GUARANTY THAT THE WEBSITE OR THE MATERIALS ARE ERROR-FREE, THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM THE WEBSITE OR THE MATERIALS THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE WEBSITE OR THE MATERIALS OR ANY PORTION OF THIS WEBSITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
IN NO EVENT WILL THE COMPANY OR ITS RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE OR UNAVAILABILITY OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE OR THE MATERIALS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold the Company and its officers, directors, equity holders, employees and agents harmless from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by the Company in connection with your violation of a third party’s rights) arising from or related to your use of the Website or your violation of these terms of service or any third party’s rights.
The Website may contain links to third-party Websites. The links are provided solely as a convenience to you and are not an endorsement by the Company of the content contained in such third-party websites. The Company does not control or guarantee the accuracy or integrity of the content located on linked third-party websites. The Company is not responsible and assumes no liability for the information, content or software of linked third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk.
As a condition to use of the Website, you agree to the terms of our Privacy Policy. Information collected about you as you use the Website is subject to the Privacy Policy, which may be updated from time to time without notice to you and is hereby incorporated from time to time without notice to you and is hereby incorporated by reference. The most current version of the Privacy Policy is available here.
You acknowledge that, in providing the Materials on the Website, the Company has relied upon your agreement to be bound by the Terms and the Privacy Policy. If any provision of the Terms is invalid or unenforceable under applicable law, it is to that extent deemed omitted and the remaining provisions will continue in full force and effect. No waiver of any term of the Terms shall be deemed a continuing waiver of such term or any other term. Your agreement to the Terms shall not be construed or deemed to create any partnership, joint venture, agency, franchise or other form of agreement or relationship than expressly set forth herein. The Terms and performance hereunder shall be governed by and interpreted in accordance with the laws of the State of New York without regard to conflicts of laws provisions, and applied to agreements entered into and completely performed in the State of New York. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the Terms or Privacy Policy shall be an appropriate state or federal court located in New York County, State of New York. You agree to submit to jurisdiction and venue in any state or federal court located in New York County, State of New York. The Terms and Privacy Policy constitute the entire agreement between you and the Company with respect to use of the Website (“Agreement”).
Due to unforeseen circumstances in Manhattan, Mangia reserves the right to have an allowance of 30 minutes window of delivering orders earlier or later. If a precise delivery time is required, then additional charges may apply.
This agreement is only assignable by the Company.
PRIVACY POLICY
The Mangia.nyc website is operated by Mangia Hospitality Group (“Mangia”, “us”, “our”, “we”). This online privacy policy (“Privacy Policy”) tells you about the information Mangia collects through the services available on our web site, www.Mangia.nyc (the “Web Site”). In addition, it explains how we use that information and how you can opt out of certain uses of information we may collect. By using our services and accessing our Web Site, you are consenting to the information collection and use practices described in this Privacy Policy, as modified from time to time by us. If this Privacy Policy is not acceptable to you, please do not use this Web Site. If we decide to materially change our Privacy Policy, we will post a new policy on our Web Site. Therefore, we encourage you to check the date of our Privacy Policy whenever you visit this Web Site for any updates or changes.
INFORMATION ABOUT YOU
We collect several types of information about you via our Web Site. We collect “personal information,” which generally is information such as your first and last name, home address and e-mail address that can be used to identify you individually. We also collect “non-personal information,” which is information about you that does not itself identify you individually. Examples of non-personal information include age range and gender. We also collect “aggregate information,” which is information that helps us understand how people use our Web Site, for example, which pages are visited. The information we collect depends on what services you use on our Web Site. The following is a more detailed explanation of these types of information as well as when and how we collect and use them.
PERSONAL INFORMATION, REGISTRATION AND TRANSACTIONAL DATA
When you register on our Web Site, we may collect various kinds of personal information, including your first and last name, e-mail address, home address, home phone number, personal interests regarding our food. We also collect and store access information related to your account, including username and user password. When you make purchases from our Web Site, we may collect purchasing information such as product orders, shipping address(es) and credit card information.
CUSTOMER SERVICE CORRESPONDENCE
We may collect information that identifies you individually, such as your first and last name, home address, e-mail address, phone number and fax number when you submit comments, questions or suggestions to our Customer Service Department.
USE OF YOUR PERSONAL AND NON-PERSONAL INFORMATION
Except as disclosed in this Privacy Policy, we do not sell, rent, lease or disclose information that identifies you individually or makes it possible for other parties to contact you directly without your consent. Unless we have your permission or are required by law, we only share your personal information with other Mangia entities business partners who are acting on our behalf for the uses described below. Such Mangia entities and business partners are governed by this policy with respect to the use of this data and are bound by confidentiality agreements requiring them to protect this data. We may, however, use, sell, disclose or otherwise dispose of personal information we collect in the following circumstances:
DATA INTEGRITY
Mangia processes personal information only for the purposes for which it was collected and in accordance with this policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed in connection with the uses set out in this policy.
INTERNAL ANALYSIS AND PROMOTIONS
We may use information about you for statistical, design or operational purposes such as to estimate our audience size, to measure aggregate traffic patterns and/or to and understand demographics, customer interest, purchasing and other trends among our users and customers. We may also use your personal information for the marketing and/or promotion of Mangia, including its products and services. We may outsource all of these tasks to third parties on a confidential basis.
TRANSACTION PROCESSING
We may use your personal information to create a convenient and easy-to-use online reservation service or shopping process that includes an online “shopping cart” that allows you to track selected products and proceed through purchase. We may also share transactional information with entities as is necessary to process credit card payments or other purchasing or delivery systems.
OFFERS FROM SUBSIDIARIES
We may send you (or arrange to have sent to you) our marketing and promotional information. We do not share your personal information with unrelated outside third parties unless such disclosure is required for transaction processing as mentioned above.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose personal information:
(a) to conform with the law, respond to claims or comply with legal process served on Mangia (e.g., a lawful subpoena, warrant or court order);
(b) to enforce or apply our policies or agreements (including to initiate, render, bill and collect for amounts owed to us);
(c) to protect and defend our or our users’ rights or property, the Web Site, our employees, users or the public, including fraudulent, abusive or unlawful use of our Web Site; or
(d) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
CHOICE
Mangia will not use or share your personal information in ways unrelated to the uses described above without first notifying you and offering a choice. We will also provide you the opportunity to opt-out at any time of certain or all contact from Patina. If you have any difficulty exercising your choices, please send your request by email to info@mangia.nyc or by mail at Mangia, 44 West 55th Street, New York, NY 10019 United States.
We will not share your personal information with third parties that are not acting on our behalf and governed by this policy without your permission.
COMPANY SALE
Information collected through our Web Site is considered a trade secret of Mangia. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets.
AGGREGATE INFORMATION
We collect aggregate information about you and your use of our Web Site whenever you visit us online (See “Information About You” above). For instance, we may collect various forms of “click stream” information such as entry and exit points for our Web Site (i.e., referring URLs or domains), site traffic statistics, page views, impressions, and operating system and browser type. In addition, when you request pages on our Web Site, our servers automatically log your IP addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the internet.
We also use third-party software that tracks traffic directed to the Web Site from affiliate web sites and the purchases that result from this traffic. This information is aggregated and is not tied to an individual purchase.
This aggregate information generally will not identify you or be correlated to you individually for external purposes. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all aggregate information provided that such information does not reveal your identity. When we share such information with other companies, it is not traceable to any particular user, and will not be used to contact you. If we do correlate any aggregate information to you, such information will be treated like any other personal information under this statement.
LINKS TO OTHER SITES
Please be aware that we provide links to third-party web sites as a service to our users, and that we are not responsible for the content or information collection practices of those pages. Please note that these web sites’ privacy policies may differ from those of Mangia. We encourage you to review and understand their privacy practices before providing them with information.
CHILDREN
Our Web Site is intended for a general audience. However, it is not designed nor intended to collect personal information from children under the age of 13. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act, children under the age of 13 should not provide any personal information on this Web Site. We ask that parents supervise their children while online.
SECURITY
Mangia is committed to safeguarding and securing your personal information. To maintain data accuracy, prevent unauthorized access to or disclosure of, and ensure the appropriate use of your personal information, we have put in place physical, electronic and managerial procedures. When we ask for credit card data, it is transferred over a Secured Sockets Layer (SSL) line provided you are using an SSL-enabled browser such as Microsoft Internet Explorer or Netscape Navigator. This ensures that your information is encrypted as it travels through the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know that you are in “secure mode” when the padlock or key icon in the lower-right-hand or lower-left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the Web Site address will change from “http” to “https.”
OPTING OUT OF PROMOTIONAL MATERIALS
As noted above, we may use your e-mail address and other contact information provided to us through the Web Site to send promotional materials to you. If you do not want to receive such promotional information, you can change your privacy preference and remove yourself from our e-mail list at any time.
ACCESS AND ACCURACY
Mangia strives to keep your personal information accurate. We will provide you with access to your personal information, including making reasonable efforts to provide you with online access to your subscription or registration data so that you may review, update or correct your information at the Web Site. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections. To access your personal information, return to the web page where you originally entered the Web Site and follow the instructions on that web page. If you cannot access your information on the web page, please telephone us at (212) 980-6363 for assistance, or send you request to info@mangia.nyc.
We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical or for which access is not otherwise required. We will provide information access and correction free of charge, except if doing so would require a disproportionate effort.
CONTACTING US
If you have any questions about this Privacy Policy or the practices of Mangia, please contact us by email at info@mangia.nyc or by mail at Mangia, 422 Madison Avenue, floor 4, New York, NY 10017, United States.
GUARANTEE AND RETURN POLICY
We are sure you will be delighted with your selections, as we have prepared and chosen our products with outstanding quality in accordance with our uncompromising standards. We do not offer refunds on perishable goods. Please inspect your e-shop order before placing your orders. If there is any problem with your e-shop order, you must contact us within 24 hours of receipt. If items have run out, our chefs will proceed with choosing similar items. Notes and changes that are off the menu are not guaranteed that will be followed. We have the right to change the menu and its descriptions at the last minute without any notice. The pictures are indicative and they do not necessarily reflect the final presentation of our offerings. Credit cannot be granted if unsatisfactory items are discarded or consumed. This applies to all orders placed for catering or individual delivery orders. Using our e-shop or placing orders with Mangia means that you accept our terms and conditions.
