KFC Guyana — Terms of Use & Privacy Policy

Terms of Use

These Terms of Use ("Terms") govern your use of the Kentucky Fried Chicken International Holdings LLC, YUM! Restaurants International Inc., YUM! Brands Inc and Beharry Restaurant Operations Inc. (collectively "We", "Our" or "Us") Guyana web sites on which they appear, and your use of the features therein. This website is used and operated by Beharry Restaurant Operations Inc. ("KFC Guyana"). KFC Guyana, where the context so permits or requires, shall include Kentucky Fried Chicken International Holdings LLC, YUM! Restaurants International Inc., and YUM! Brands Inc.

KFC Guyana may revise the information, services and the resources contained in this web site from time to time and we reserve the right to make such changes without obligation to notify past, current or prospective visitors. Your use of this web site indicates your acceptance to these terms of use. KFC Guyana does not undertake to keep this web site updated. KFC Guyana is not liable to you or anyone else if errors occur in the information on this web site or if that information is not up to date.

Publishing information about a product on this web site does not ensure its availability. Products are advertised subject to availability. Price information is subject to change without notice.

Personal Information

KFC Guyana collects personal information about you when using this Web site including:

• (a) your name, email address, delivery address and phone number;
• (b) location data, data about your device (including device ID and type of device), social ID (where you log in to the App through Facebook) and IP address; and
• (c) payment details.

When your visit this web site, read emails or otherwise engage with KFC Guyana through a computer or mobile device, we and/or our third party partners may automatically collect information about you access and use this web site and use our products including data for advertising.

This information is collected for the following purposes:

• (a) create your account;
• (b) provide you with services;
• (c) provide notifications to you through email or your electronic device;
• (d) market our products and services to you;
• (e) improve the user experience; and
• (f) achieve the purposes otherwise set out in herein and in other official documents of KFC Guyana including its privacy policy.

If you do not provide this information, we may not be able to provide you with some or all of the services.

This information allows us to improve your customer experience. For example, we may use this information to enhance and personalize your user experience, to monitor and improve services and for other internal purposes.

We, or our third party partners, may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit a KFC restaurant; (b) provide custom, personalized content and information, including targeted content and advertising; (c) diagnose or fix technology problems; (d) detect or prevent fraud or other harmful activities, and (e) otherwise to plan for and enhance our services.

We may disclose your personal information to third parties that help us deliver our services, including franchisees (to process orders) and delivery service providers (to deliver your order to you), or as required or otherwise permitted by law.

We may combine the information that we hold about you with information about you collected from or held by other trusted partners or from public sources. We do this in order to enable the development of consumer insights about you so that we and those other trusted companies can serve you better. This includes being able to better understand your preferences and interests, personalize your experience, enhance the products and services you receive, and to tell you about products and services. We may also use trusted service providers to undertake the process of creating these consumer insights.

When you provide your personal information to us, you consent to the collection use, storage and disclosure of that information as described herein and other official documents of KFC Guyana including its privacy policy.

No Warranty / Limitation on Liability

KFC GUYANA strive to ensure that the information contained in this web site is accurate and reliable. However, KFC GUYANA and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, KFC GUYANA make no representations about the reliability of the features of this Site, the KFC GUYANA Content (defined below), Submitted Content (defined below), or any other Site feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. KFC GUYANA are not responsible for the information, data, text or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of KFC GUYANA, and KFC GUYANA do not endorse and have no control over Submitted Content. Submitted Content is not necessarily reviewed by KFC GUYANA prior to posting and KFC GUYANA make no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. KFC GUYANA make no representations regarding the amount of time that any KFC GUYANA Content or Submitted Content will be preserved.

KFC GUYANA disclaim any warranty of any kind, whether expressed or implied, as to any matter whatsoever relating to this web site, including without limitation the merchantability or fitness for any particular purpose. KFC GUYANA are not liable or responsible for any damages or injuries caused by use of this web site (such as viruses, omissions or misstatements).

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KFC GUYANA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL KFC GUYANA BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND KFC GUYANA'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES.

In no event shall KFC GUYANA's total liability for all damages, losses, and causes of action exceed United States five dollars (USD $5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.

Communicating with KFC Guyana

On certain areas of our Site, you may be given the ability to contact us by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about our products, to register for a particular sweepstakes or contest, or to participate in our interactive forums, like chat rooms and message boards. The information that you provide to us through this Site is governed by our Privacy Policy.

These areas are designed to give our users the ability to contact us with questions or concerns, to engage in dialogue with us and other Site users, or to take advantage of other features we may provide from time to time. They are not intended for, and should not be used to, submit unsolicited ideas. It is company policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or similar materials from outside parties. By entering the Site you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. It is KFC GUYANA's policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other similar materials. Nevertheless, should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.

KFC Guyana Property

This web site contains many valuable trademarks owned and used by KFC Guyana and its subsidiaries and affiliates throughout the world. These trademarks are used to distinguish KFC GUYANA's quality products and services. The text, graphics and html code contained in this web site are the exclusive property of KFC GUYANA Corporation. ("KFC GUYANA Content"). KFC GUYANA Content is protected from reproduction and simulation under national and international laws and except where otherwise noted, is not to be copied, distributed, displayed, reproduced or transmitted in any form, by any means, without the prior express written permission of KFC Guyana.

Third party content, such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by KFC GUYANA subject to license or subject to the fair use provisions of Trinidad & Tobago copyright or trademark law or made permissible under other applicable law.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process page and follow the instructions at that area.

User-Submitted Content

On certain areas of our Site you may be able to submit text, files, images, photos, videos, sounds, musical works, works of authorship, and other materials and content ("Submitted Content"). You have no ownership rights in your account or other access to the Site or features therein, and KFC GUYANA may delete all Submitted Content at any time, with or without notice, if KFC GUYANA deem that you have violated these Terms, the law, or for any other reason. KFC GUYANA assume no liability for any information removed from our Site, and reserve the right to permanently restrict access to the Site or for features therein.

By posting, displaying, publishing or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to KFC GUYANA may be used by KFC GUYANA anywhere, anytime, and for any reason whatsoever subject to following terms:

• You hereby grant to KFC GUYANA a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content, as well as the right to sublicense Submitted Content to third parties, including other users, for use on other platforms, such as for use on mobile phones, in video or music software computer programs.
• You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site.
• You agree that your Submitted Content is gratuitous and made without restriction, and will not place KFC GUYANA under any obligation. You agree that KFC GUYANA are free to disclose the ideas contained in the Submission, including, for example, ingredient or menu item suggestions, on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Submission, KFC GUYANA do not waive any rights to use similar or related ideas previously known to KFC GUYANA, or developed by its employees, or obtained from sources other than you. Your posting of Submitted Content is further subject to the following posting rules:
• You may not post any content that, as determined in KFC GUYANA's sole discretion, is unlawful, harmful, tortuous, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate.
• You may not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of KFC GUYANA. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libellous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
• You may not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing website visitors to a location for more information about a product or service.
• You may not post any software, files or links to other sites, and you may not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You may not modify in any way any specifications, technology or application codes provided to you by KFC GUYANA or as embedded in the Submitted Content unless expressly authorized in writing by KFC GUYANA.
• You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of any account you have been permitted to create on this Site and for the confidentiality of your password. KFC GUYANA does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact Beharry Resturant Operation Inc 191 Charlotte Street Georgetown, Guyana.

Web Site Access

KFC GUYANA hereby grant you permission to use the Site as set forth in this Terms of Use, provided that: (i) your use of the Site as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without KFC GUYANA's prior written authorization; (iii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

Indemnification

You agree to indemnify and hold KFC GUYANA, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorney's fees, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of Submitted Content.

Hyper-links

The KFC GUYANA web site may link to sites not maintained by or related to KFC GUYANA. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this web site or KFC GUYANA. KFC GUYANA have not reviewed the sites hyper-linked to or from this web site and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. KFC GUYANA make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to or from this web site. Furthermore, KFC GUYANA do not implicitly endorse third-party sites hyper-linked to or from this web site.

Text Messaging Notice

If you choose to participate in any KFC promotion that may involve the use of text messaging (either sending or receiving), KFC GUYANA will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).

Miscellaneous

These terms, constitute the entire agreement between you and KFC GUYANA and govern your use of the KFC GUYANA web sites and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and KFC GUYANA with respect to the KFC GUYANA site and services. Both you and KFC GUYANA acknowledge and agree that no partnership is formed and neither of you nor KFC GUYANA has the power or the authority to obligate or bind the other.

The failure of KFC GUYANA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavour to give effect to the parties' original intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

Software that may be available in connection with this site is subject to United States export controls. No software may be downloaded from this site or otherwise exported or re-exported in violation of Trinidad & Tobago laws. Downloading or using the software is at your sole risk.

The failure of KFC GUYANA to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of KFC GUYANA, shall not be deemed a breach of this Agreement. If KFC GUYANA fail to act with respect to your breach or anyone else's breach on any occasion, KFC GUYANA are not waiving its right to act with respect to future or similar breaches.

The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement.

If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

This site is operated by KFC Guyana and the following terms and conditions ("Terms and Conditions") govern your use of this site and the information services contained herein Additional terms and conditions of use applicable to specific areas of this site may also be posted in such areas and, together with these Terms and Conditions, govern your use of those areas. These Terms and Conditions, together with any such additional terms and conditions as well as the Privacy Policy are referred to as this "Agreement". KFC Guyana reserves the right, in its sole discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the site. Your use and continued use of the site constitutes your binding acceptance of this Agreement, including any changes or modifications made as permitted above. If at any time this Agreement becomes unacceptable to you, you should immediately cease all use of this site.

Restriction of Liability

KFC Guyana will not be liable for any damages or injuries caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Under no circumstances shall KFC Guyana be liable for any damages resulting from the use of this site or the Materials (as defined below), including without limitation, indirect, special, consequential, incidental or punitive losses, damages or expenses or lost profits or savings.

Restrictions on Use

Except as stated herein, all information and materials contained in this site including the design of this site, the text, graphics, logos, images, icons, interfaces and the selection, assembly and arrangements thereof (the "Materials") are the sole property of KFC Guyana, its affiliates, subsidiaries, assigns and related companies or the respective owners of such Materials. You may not use the Materials except as specifically contemplated herein. Modification or use of the Materials for any other purpose will violate the intellectual property rights of the respective owners of such Materials. You may not use the Materials on any other website. You agree to prevent any unauthorized use of the Materials. You may not resell, redistribute, decompile, reverse engineer, disassemble or otherwise convert any Materials from this site to a human perceivable form. Except as specifically provided herein, you may not copy, distribute, republish, upload, post, or transmit Materials from this site in any way without KFC Guyana's prior written consent. The Materials in this site are provided for lawful purposes only, and you may not use this site in any manner which is contrary to any applicable local, provincial, national, international and foreign laws which govern your use of this site. You may not use this site in any manner which could damage, disable, overburden or impair this site or interfere with any other party's use and enjoyment of this site.

Disclaimer

THE MATERIALS IN THIS SITE ARE PROVIDED IN GOOD FAITH ON AN "AS IS" BASIS AND WITHOUT WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. KFC GUYANA DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE OR ANY OF THE MATERIALS. KFC GUYANA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE AND THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE AND THE MATERIALS WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KFC GUYANA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT KFC GUYANA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE DISCLAIMERS CONTAINED HEREIN SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM OR RELATED TO YOUR USE OF THIS SITE AND THE MATERIALS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD KFC GUYANA, ITS EMPLOYEES, DIRECTORS AND RELATED ENTITIES HARMLESS FROM AND AGAINST ALL LIABILITIES, COSTS AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY VIOLATION OF THIS AGREEMENT BY YOU.

Your use of the Materials contained herein is at your sole risk. Any information and data is provided on an as is basis and to the extent permitted by law, we make no representations, warranties or guarantees about the site (including any information). KFC reserves the right to change any of the material on the site at any time.

Trademark Information

KFC, all logos, registered trademarks and other logos and/or slogans used in this site are used under license from KFC International, LLC. All trademarks are the property of the respective trademark owners. Yum! Restaurants International Company. All Rights Reserved.

Governing Law and Jurisdiction

These Terms are governed by the Laws of the Co-operative Republic of Guyana, without regard to its conflict of law principles. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of you or KFC GUYANA in connection with your use of the KFC GUYANA site or your Submitted Content, shall be governed by, and construed in accordance with, the Laws of the Co-operative Republic of Guyana.

In the event of any dispute or controversy arising from this site, you expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Co-Operative Republic of Guyana. If any part of the Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.

This Agreement constitutes a binding agreement between you and KFC GUYANA, and is accepted by you upon your use of the site. This Agreement constitutes the entire agreement between you and KFC GUYANA regarding the use of the site and the features therein. By using this site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by the terms and conditions herein.