FLANIGAN’S ENTERPRISES, INC.
TERMS AND CONDITIONS
IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON FLANIGAN’S LIABILITY AND OTHER PROVISIONS AFFECT YOUR LEGAL RIGHTS.
This application and other websites, (collectively, the “Online Services”), owned, operated or controlled by Flanigan’s Enterprises, Inc. or any of its related, affiliated or subsidiary companies, (together “Flanigan’s”), including its franchise partners, are for your personal use only. Your installation, access to and use of the Online Services are subject to the following Terms and Conditions, including the Privacy Policy. Flanigan’s reserves the right to update the Terms and Conditions, as well as the Privacy Policy at any time. If we make any changes or additions to the Terms and Conditions and/or the Privacy Policy, we will notify you by posting the changes here. Changes are effective as of the date on which they are posted.
AGREEMENT FOR USE
By using these Online Services, you accept, without limitation or qualification, these Terms and Conditions and the Privacy Policy. If you do NOT agree, you must immediately stop using these Online Services and request that Flanigan’s close any Online Services account that you may have created. You can request account deletion by contacting us at customer@flanigans.net.
You warrant that you possess the legal authority to use the Online Services and agree to be financially responsible for your use of the same, as well as for use of your account by others, including without limitation minors residing with you. You agree to supervise all use of the Online Services by minors under your name and/or account. You warrant that all information supplied by you and/or members of your household in using the Online Services is true and accurate.
For any ordering or other services for which fees may be charged, you agree to abide by the terms and conditions of purchase imposed, including but not limited to payment of all amounts when due and compliance with all restrictions regarding availability of rates, products or services. You will also be responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Online Services.
Please note that the content of the Online Services is not directed to children under the age of 13, and you understand that you must be at least 13 years old to use the Online Services, unless otherwise provided that you must be older.
WIRELESS RESERVATIONS
Functionality is not guaranteed with all types of mobile devices in using the Online Services. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may be charged by your mobile carrier/service provider.
RESTRICTIONS ON USE
You acknowledge that Flanigan’s retains all rights all rights in the content included in the Online Services, including all trademarks, service marks, designs, logos, graphics, icons, images, audio or video content, data, software or text. Any use of such content without the express written consent of Flanigan’s is prohibited; however, Flanigan’s grants you a limited, non-transferable, revocable license to use and access the Online Services for personal and non-commercial purposes in accordance with these Terms and Conditions and the Privacy Policy. You agree not to modify, reproduce, distribute, commercially exploit or reverse engineer such content or the Online Services.
You agree not to: (i) copy, display, modify, reproduce or otherwise transfer any or all of the content to any third party without the prior written consent of Flanigan’s; (ii) interfere with or disrupt networks connected to the Online Services; (iii) use or attempt to use any device, software or routine which interferes with the proper functioning of the Online Services or any transactions being offered through the Online Services; (iv) transmit files, data or other material containing a computer virus, corrupted data, worms, “Trojan Horses” or other instructions or design that would erase data or programming or cause the Online Services or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (v) deliver any communication to or through the Online Services which violates any local, state, federal or international law; (vi) deliver any communication to or through the Online Services that contains defamatory, libelous, abusive or obscene material; or (vii) deliver any communication to or through the Online Services that will infringe upon the rights of any third party.
Flanigan’s may choose to modify the Online Services without notice or liability to you. Further, in its sole discretion and without notice to you, Flanigan’s may terminate your access to the Online Services at any time including, but not limited to if Flanigan’s believes that you have violated these Terms and Conditions and/or applicable law. Upon termination, these Terms and Conditions shall continue to apply to your prior use of the Online Services.
ONLINE ORDERS
In certain instances, the Online Services may permit you to place orders with our restaurants online. While Flanigan’s products and services are available in many of our locations, product availability, pricing and menu selection may vary by location. To purchase our products, you must provide valid payment card and billing information. Flanigan’s may use third party providers to process your payments to restaurants and in doing so, Flanigan’s or our providers may verify that your payment card is valid.
When you purchase items through the Online Services, you agree to pay the price stated at the time of your order, including any applicable taxes. Your payment card will be billed when you check out online or if you do not provide payment information online, your purchase will be completed in-store when picking up your order. Upon any such purchase, you may receive a notification once your order has been accepted. By purchasing products through the Online Services, you represent and warrant that you are capable of entering into a contract under applicable law and that you understand the restaurant fulfilling your order is responsible for the products provided. The Online Services shall be used only for legitimate purchases for you or other people for whom you are legally authorized to act. The overuse or abuse of the Online Services may result in your being denied access to the same.
Please note that any offers or promotions you receive through the Online Services may be subject to certain terms including, but not limited to limited availability in participating restaurants only. Generally, these deals are not transferable and cannot be redeemed for cash.
PRIVACY
Any information about you collected by Flanigan’s through your use of the Online Services shall be subject to the Privacy Policy. Please read the Privacy Policy for more information on how Flanigan’s collects, uses and shares your personal information.
With regard to marketing communications, you may receive from us, we provide in each email the option to unsubscribe from future emails. Your profile in certain Online Services can also be accessed to manage your communication preferences. Alternatively, you may be able to manage your communication preferences within the settings of your device. Please note that you are responsible for the security for the security and function of your device, as well as standard text messaging fees imposed by your wireless carrier’s rate plan. You understand that you must specifically opt out of any communications you are receiving from our franchise partners.
SUBMISSIONS
You represent that all remarks, suggestions, ideas, graphics or other information communicated by you to Flanigan’s through these Online Services (together the “Submission”) is your own. Flanigan’s will not be required to treat any Submission as confidential. Flanigan’s will not be liable for any ideas used in its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the future Flanigan’s operations with such Submissions. Without limitation, Flanigan’s will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Flanigan’s will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit and you, not Flanigan’s have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
MONITORING
Flanigan’s shall have the right, but not the obligation to always monitor the content of the Online Servies, including chat rooms and forums that are or may hereafter be included as part of the Online Services to determine compliance with the Terms and Conditions and/or any operating rules established by Flanigan’s, as well as to satisfy any applicable law, regulation or government request. Without limiting the foregoing, Flanigan’s shall have the right, but not the obligation to remove any material that Flanigan’s, in its sole discretion finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation comments that contain the following:
• Hate speech – language that degrades others on the basis of gender, race, national origin, religion, sexual orientation or disability;
• Personal attacks – language that is threatening, intimidating, defamatory, libelous or encourages others to cause injury or property damage to any person;
• Invasion of privacy – phone numbers, e-mail addresses, physical addresses or other personal information;
• Off topic – opinions and arguments unrelated to the article to which the comments are attached or to comments of other readers;
• Advertising – solicitations or advertising of any kind, including comments or links that are aimed at promoting other products or services;
• Copyright/Plagiarism – comments that appear to violate copyright laws; or
• Offensive – offensive language or images, including but not limited to nudity.
RESTRICTION OF LIABILITY
FLANIGAN’S WILL NOT BE LIABLE FOR ANY LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE INDIRECTLY OR DIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES (INCLUDING ANY CONTENT OR MATERIALS INCLUDED IN THE SAME) EVEN IF AN AUTHORIZED FLANIGAN’S REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. FLANIGAN’S WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, UNAUTHORIZED ACCESS, LINE FAILURE OR ANY INFORMATION RECEIVED BY USERS OF THE ONLINE SERVICES. The above limitation or exclusion may not apply to the extent that applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages. Flanigan’s’ total liability for all losses, damages and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will not be greater than the amount paid by you to access the Online Services.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Flanigan’s against any and all claims, damages, losses, costs (including reasonable attorney’s fees), and expenses arising directly or indirectly from (i) your breach of these Terms and Conditions or violation of applicable law; (ii) your activities in connection with the Online Services; and/or (iii) infringement of a third party’s property or privacy rights in connection with your Submissions.
DISCLAIMER
THE MATERIALS IN THESE ONLINE SERVIES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. THE MATERIAL IN THESE ONLINE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FLANIGAN’S MAY MAKE CHANGES OR IMPROVEMENTS TO THE ONLINE SERVICES AT ANY TIME. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLANIGAN’S DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FLANIGAN’S DOES NOT WARRANT THAT FUNCTIONS CONTAINED IN THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA OR INFORMATION (INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION) YOU SUBMIT WOULD BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, OR THAT THESE ONLINE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLANIGAN’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIALS IN THESE ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT FLANIGAN’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF THE ONLINE SERVICES AND YOU AGREE THAT YOUR SOLE REMEDY AGAINST FLANIGAN’S FOR ANY PROBLEMS WITH THE ONLINE SERVICES IS TO DISCONTINUE USE OF THEM. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
ARBITRATION, JURISDICTION, JURY AND CLASS ACTION WAIVERS
Except as described otherwise, all materials in the Online Services are made available only to provide information. Flanigan’s makes no representation that these materials are appropriate or available for use in locations other than the United States or where the Online Services are otherwise offered. If you use the Online Services from other locations, you are responsible for compliance with applicable local laws.
Any claim you may with respect to the Online Services must be commenced within one (1) year after the claim or cause of action arises. You agree that any claim you may have with Flanigan’s related to the Online Services will be resolved solely by arbitration and that said arbitrator shall have exclusive authority to resolve any such dispute(s). Any such arbitration shall be final and binding and administered by American Arbitration Association before a single arbitrator in a location determined by American Arbitration Association in accordance with its rules or as mutually agreed. The arbitrator shall apply Florida law and render a decision based on the terms, conditions and agreements referenced in effect.
Notwithstanding the foregoing, if this provision is found to be wholly unenforceable and neither party is entitled to arbitrate such dispute(s), you agree that all claims related to the Online Services must be brought in the state or federal courts located in Broward County, Florida. Should you file any administrative or legal claims without arbitrating and Flanigan’s brings a successful motion to compel arbitration, you must pay the fees (including reasonable attorney’s fees) incurred by Flanigan’s in court. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act.
BOTH YOU AND FLANIGAN’S AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. FURTHER, NO CLAIMS MAY BE MADE ON A CLASS OR REPRESENTATIVE BASIS AS YOU AND FLANIGAN’S HEREBY WAIVE THE RIGHT TO ASSERT CLAIMS IN ANY CLASS OR REPRESENTATIVE ACTION.
The failure of Flanigan’s to act with respect to a breach of the Terms and Conditions by you or others does not constitute a waiver and shall not limit any party’s rights with respect to such breach or any subsequent breaches.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Online Services are copyrighted property of Flanigan’s, its subsidiaries, affiliates or a Flanigan’s licensor, as applicable. All contents are protected by United States copyright laws. Trademarks and/or service marks owned by Flanigan’s may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as and if provided for elsewhere on the Online Services. Any rights not expressly granted herein are reserved.
COPYRIGHT INFRINGEMENT
While Flanigan’s respects the intellectual property rights of others, we do not normally monitor or screen information submitted by you through the Online Services. If you believe that your copyright work is being infringed by content in the Online Services, you can notify Flanigan’s in writing at the address below or my e-mail. You must include the following: (i) your name and contact information; (ii) identification of the infringed copyrighted work through a URL or copy of the work; (iii) a detailed description of the Online Services content you believe infringes the copyrighted work, and (iv) a signed statement that you believe in good faith, under penalty of perjury, that such use is unauthorized, that the information provided is accurate and that you are the true copyright owner or authorized representative of the owner of such works.
Flanigan’s Enterprises, Inc., 5059 N.E. 18th Avenue, Fort Lauderdale, Florida 33334 Attn: Legal Dept.
customer@flanigan.net
THIRD PARTY LINKS
All third party websites linked herein shall be subject to the policies disclosed on such websites. Flanigan’s disclaims any liability and shall not be responsible for any services or products offered by any such third parties or the privacy practices of such websites. The inclusion of links to other websites are provided solely as a convenience to you and for informational purposes only. Flanigan’s has not reviewed all information on these other websites and the inclusion of these websites in no way indicates Flanigan’s endorsement, support or approval of the content, advertising, products, services, policies or materials on or available from such websites. If you decide to access other websites, you do so at your own risk. Other websites may include links to the Online Services. The inclusion of such links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Online Services.
FRANCHISE PARTNERS
Please note that our restaurants are sometimes operated by independent franchise partners and that such partners are solely responsible for legal compliance with respect to the products offered and the operation of such restaurants.
MISCELLANEOUS
The Terms and Conditions and Privacy Policy constitutes the entire agreement between you and Flanigan’s with respect to your use of the Online Services. If any part of the Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. The Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law. Flanigan’s may revise the Terms and Conditions and/or the Privacy Policy at any time by updating this posting.
If you need to contact us for any reason regarding the Terms and Conditions and/or the Privacy Policy, including in order to exercise any of the rights set forth herein, you may do so by emailing customer@flanigans.net or mailing correspondence to the following address:
Flanigan’s Enterprises, Inc.
5059 N.E. 18th Avenue
Fort Lauderdale, Florida 33334
This document was last updated on October 5, 2024.