Aloha Online Ordering - TermsOfUse

[Skip to Content]

TERMS OF USE

Please read these Terms of Use carefully before using the bosschicken.com site or any web site owned, operated, licensed or controlled by BOSS RESTAURANTS, LLC. (the "Site"). By using the Site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. BOSS RESTAURANTS, LLC., reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time, and you agree to be bound by such modifications, alterations or updates. BOSS RESTAURANTS, LLC. reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Site or to change, suspend or discontinue all or any aspect of the Site, including the availability of any feature, database, information or content, at any time and without prior notice or liability. You are not authorized to use this Site in any jurisdiction where the terms of these Terms of Use are not enforceable.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

This Site is controlled and operated by BOSS RESTAURANTS, LLC., 4445 N. Mesa Street, Suite 100, El Paso, Texas 79902. The phone number is (888) 997-4992. All material on this Site, including but not limited to images, illustrations, audio clips, and video clips ("Content"), is protected by copyrights which are owned and controlled by BOSS RESTAURANTS, LLC., or by other parties that have licensed their material to BOSS RESTAURANTS, LLC. ("Copyrights"). From time to time, Content on the Site such as coupons are intended to be downloaded or printed for your personal use. You may download or copy such Content for personal use only, provided that you maintain any copyright or other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission. Otherwise, the Site or Content may not be framed, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the Content or use of the Content for any other purpose is a violation of the Copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such Content on any other Web site or networked computer environment is prohibited.

REGISTRATION

To use portions of the Site, you must be registered and provide personal data including email and/or other contact information. You agree to provide true and accurate information in connection with your registration and to promptly notify BOSS RESTAURANTS, LLC. of any changes in the registration information. This Site is not intended for use by persons under the age of 13. By registering with BOSS RESTAURANTS, LLC. or using the Site, you agree that, to the extent set forth in these Terms of Use and subject to the limitations set forth therein, we may disclose information you provide or that we obtain concerning your use of the Site. You are fully liable for all use of the Site accessed through your registration information, including any use by a user not authorized by you who accesses the Site using your registration information. You should promptly notify BOSS RESTAURANTS, LLC. of any unauthorized use of your registration information or other breach of security.

INFORMATION COLLECTION AND USE

We collect the following personal information from you:

Contact Information such as name, email address, mailing address, phone number
Billing Information such as credit card number, and billing address


We use this information to:

Complete event reservations
Send you an order confirmation
Send you a newsletter
Send you marketing communication
Send you requested product or service information
Send product updates or warranty information
Respond to customer service requests
Administer contests and sweepstakes you entered, and notify you if you won
Respond to your questions and concerns
Improve our website and marketing efforts
Conduct research and analysis

PRIVACY

BOSS RESTAURANTS, LLC. respects the privacy of the visitors to its Site. As a general policy, no personal information is automatically collected from visitors to its Site. However, certain non-personal information of visitors is recorded by the standard operation of BOSS RESTAURANTS, LLC. Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Safari, Firefox, Internet Explorer), the type of operating system (e.g., Mac OS, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., Cox, AT&T, Verizon). By having this information, Web pages optimized for a particular visitor's computer are automatically available to that visitor. Other uses of this information include internal review of the number of visitors to the Site but only in an aggregate and non-personally identifiable form. BOSS RESTAURANTS, LLC. knows e-mail addresses and other personally identifiable data about visitors to this Site only when voluntarily submitted. Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by BOSS RESTAURANTS, LLC., and not sold or otherwise transferred outside the company. Additionally, data may be collected during the transmission of online invitations and or referral communications. Each individual responsible for this data entry hereby confirms permission to submit such data and grants BOSS RESTAURANTS, LLC, the rights to use all entered information for future marketing efforts and overall consumer research. This information is used to better understand visitors' use of the Site and to support transactions made on the Site. However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We may from time to time use e-mail addresses and other personally identifiable information to contact visitors who communicate with us, such as receiving our e-mail newsletters or being notified if they have won one of our contests. Each e-mail newsletter always contains instruction on how to discontinue receipt of the newsletter. Many Web sites, including this one, place a "cookie" in the browser files of your computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable someone to relate a user's use of the Site to information that the user has specifically and knowingly provided, BOSS RESTAURANTS, LLC. does not do this. Under special circumstances BOSS RESTAURANTS, LLC may, and you authorize it to, disclose personally identifiable information without your consent if it believes, in its sole discretion, it is reasonable to do so to satisfy laws (such as the Electronic Communications Privacy Act, as amended) or government regulations, comply with legal process or law enforcement requests, commence legal actions to protect BOSS RESTAURANTS, LLC.’s rights or property.

BOSS RESTAURANTS, LLC. takes reasonable precautions to protect against the loss, misuse and alteration of the information under its control. While it attempts to ensure the integrity and security of its network and systems, BOSS RESTAURANTS, LLC. cannot guarantee that its security measures will prevent third-party "hackers" from illegally obtaining this information. BOSS RESTAURANTS, LLC. is not responsible for any breach of its security or for the actions of any third parties that may obtain any personal information. You are prohibited from violating or attempting to violate security for or otherwise interfering with the operation of the Site.

SURVEYS

We may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address) and demographic information (such as ZIP code). We use this information to notify contest winners and award prizes, to monitor site traffic or personalize the site (in the case of anonymous information collected in surveys), to send participants an email newsletter, or contact if there are issues. We may use a third-party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: sales, identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  • Comply with a legal obligation; or
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at (800) 879-8729 
  • Visiting www.bosschicken.com

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account. 

If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Fee

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

GEOLOCATION DATE

Our mobile optimized website does ask you for, access or track any location based information so that we may enhance your experience on our website (e.g., locating a nearby Boss Chicken or identifying special offers that may be of interest to you, or personalizing your interactions with us). For most mobile devices, you are able to withdraw your permission for us to acquire this information on your location through the device settings. If you have questions about how to disable your mobile device's location services, we recommend you contact your mobile device service provider or the device manufacturer. If you would like us to delete location information we have collected, please contact us at the email or postal address listed below. Please note that the website may not function properly following deletion, and that we may be required by law to retain certain information.

INDEMNIFICATION

You agree to indemnify, defend, and hold BOSS RESTAURANTS, LLC. harmless from and against any and all claims from third parties arising out of or in any way related to and any and all claims, losses, damages and expenses (including attorneys' fees) resulting from your use of the Site or breach of these terms and conditions, regardless of the form of action. You agree that any supplier of any portion of Content shall be entitled to enforce its rights against you as though that supplier is a party to these terms and conditions.

A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY

Although the Site is a general audience site, BOSS RESTAURANTS, LLC. makes a special effort to encourage children to consult with their parents before accessing the Site. However, BOSS RESTAURANTS, LLC. believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. BOSS RESTAURANTS, LLC. does not intentionally collect or use personal information from users that we have reason to believe are under 13 years of age. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association home page.



SERVICE PROVIDERS

We may provide your personal information to companies that provide services to help us with our business activities such as processing your payment or offering customer services. These companies are authorized to use your personal information only as necessary to provide these services to us.

Third Party Partner

Information Shared/Collected

Purpose

Partner's Privacy Policy

NCR

First name, last name, billing address, credit card number, credit card expiration date, credit card CVV and phone number.

This information is used to collect payment from a customer who wishes to order pizza online and pick it up from a Boss Chicken restaurant. The transactional data is transmitted through Boss Chicken’s NCR Point of Sale server.

http://www.ncr.com/privacy

Heartland 

First name, last name, billing address, credit card number, credit card expiration date, and credit card CVV.

This information is used to guarantee that the website visitor is able to successfully place a deposit for the party they wish to host at a Boss Chicken restaurant. The transactional data is not stored on or transmitted through any servers belonging to Boss Chicken.

https://www.firstdata.com/en_us/privacy.html


LINKED SITES

BOSS RESTAURANTS, LLC. is not responsible for the content of any linked sites posted on the Site. The linked sites are for your convenience only and you access them at your own risk. BOSS RESTAURANTS, LLC. has not investigated the content of such information, opinions or recommendations, and does not warrant or guarantee the accuracy of such information or necessarily endorse any such opinions, recommendations, websites, individuals, organizations or companies.

DISCLAIMER AND LIMITATION OF LIABILITY

The Site and any Content are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, BOSS RESTAURANTS, LLC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BOSS RESTAURANTS, LLC. does not warrant that the Site or the functions contained in the Content will be uninterrupted or error- free, that defects will be corrected, nor the server that makes them available are free of viruses or other harmful components. BOSS RESTAURANTS, LLC. does not warrant or make any representations regarding the use or the results of the use of the Site or the Content in terms of their correctness, accuracy, reliability, or otherwise. You (and not BOSS RESTAURANTS, LLC.) assume the entire cost of all necessary servicing, repair or correction. UNDER NO CIRCUMSTANCES SHALL BOSS RESTAURANTS, LLC. OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THIS WEBSITE AND ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE WEBSITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF BOSS RESTAURANTS, LLC. IS ADVISED OF THE POSSIBILITY THEREOF. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. IF YOU BECOME DISSATISFIED WITH THIS WEBSITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND BOSS RESTAURANTS, LLC. AND THE WEBSITE WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION. To the extent that the Site allows you to submit notes, message/billboard postings, ideas, suggestions, concepts or other materials ("User Materials"), you agree and represent that you are the owner of the User Materials or you have obtained written permission from the owner to submit the User Materials and that submission, publication, distribution or use of the User Materials does not infringe any rights of any third party. You agree not to upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Site (e) interferes with or disrupts the Site, (f) harass another user or (g) otherwise violates any applicable law. Any User Materials submitted will become the property of BOSS RESTAURANTS, LLC. and you assign such rights to BOSS RESTAURANTS, LLC. throughout the universe, and BOSS RESTAURANTS, LLC. shall be entitled to use the User Materials for any type of use forever including in any media whether now known or hereafter devised. When you submit User Materials to the Site, you agree that BOSS RESTAURANTS, LLC. has the right to publish the User Materials for any type of use as outline above including promotional and advertising purposes. You agree to indemnify BOSS RESTAURANTS, LLC. and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing agreements, representations, and warranties.

IDEMINIFICATION

You agree to indemnify, defend, and hold BOSS RESTAURANTS, LLC. harmless from and against any and all claims from third parties arising out of or in any way related to and any and all claims, losses, damages and expenses (including attorneys' fees) resulting from your use of the Site or breach of these terms and conditions, regardless of the form of action. You agree that any supplier of any portion of Content shall be entitled to enforce its rights against you as though that supplier is a party to these terms and conditions.

AGREEMENT TO CONTACT US

We are eager to offer the best customer experience possible. Please contact our Guest Relations team prior to your bank to allow us to resolve any issues or concerns with our services. If you are not satisfied with your experience, we will work to make it right or refund your money.  You can reach us by email at [email protected]. We are available from Monday-Friday 8:30am-5:30pm. Expect a 72 hours response time for email inquiries.

EMAIL & POSTINGS RECEIVED

In connection with using the Site, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. BOSS RESTAURANTS, LLC. does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error. You agree that you will not post any threatening or libelous e-mails or material on this Site that would be considered a violation of any law. BOSS RESTAURANTS, LLC. will fully cooperate with any law enforcement authorities or court order requesting or directing BOSS RESTAURANTS, LLC. and reserves the right to disclose the identity of anyone posting any such e-mails or materials.

You and we agree to each waive any right to jury trial. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

CHANGES TO THIS POLICY

We may update this privacy policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on this site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

JURISDICTIONAL ISSUES

Unless otherwise specified, the Content in the Site is presented solely for the purpose of entertainment and promotion for general audiences. This Site is controlled and operated by BOSS RESTAURANTS, LLC. from its offices within the state of Texas, United States of America. BOSS RESTAURANTS, LLC. makes no representation that Content on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or BOSS RESTAURANTS, LLC. brings to enforce this agreement or, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in El Paso, Texas, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by BOSS RESTAURANTS, LLC.

If you have questions or complaints regarding our privacy policy or practices, please contact us at:

BOSS RESTAURANTS, LLC.
4445 Mesa Street, Suite 100,
El Paso, Texas 79902
Or contact us at [email protected]