Terms & Conditions of Use of This Internet Site
HARDEE’S ONLINE SERVICES TERMS AND CONDITIONS OF USE
Please carefully read the below terms and conditions (“Terms and Conditions”) applicable to Hardee's® websites, mobile applications, and other digital or online programs or services (together with all information, pages and subpages hosted thereunder, the "Online Services").
Table of Contents
- 1. Introduction
- 2. Use of Online Services
- 4. Liability Disclaimer
- 5. Right to Change or Modify
- 6. Communications
- 7. Coupons, Promotions, Surveys and Digital Offers
- 8. Mobile Applications
- 9. User Accounts
- 10. Online Ordering
- 11. Delivery Services
- 12. Links to Other Sites
- 13. Links to the Online Services
- 14. Intellectual Property
- 15. Language
- 16. Governing Law and Jurisdiction
- 17. Severability
By accessing, browsing or utilizing the Online Services you are accepting without limitation or qualification, these Terms and Conditions of Hardee's as stated herein, and acknowledge that any other agreement between you and the Hardee's concerning the subject matter herein is superseded by these Terms and Conditions and is of no force or effect. If you access or use Online Services, you accept these Terms and Conditions. If you do not consent to these Terms and Conditions, you should not utilize the Online Services in any manner whatsoever, and unauthorized use of the Online Services may give rise to a claim for damages and/or be a criminal offence. If you have questions regarding these terms and conditions, or feel that Hardee's is not abiding by these Terms and Conditions, please contact us.
2. Use of Online Services.
Material from the Online Services may not be copied or distributed, nor published, uploaded, posted, or transmitted in any way, without the prior written consent of Hardee's, except for as described below and certain limited online interactive activities, as expressly permitted by these Terms and Conditions or otherwise specifically stated by Hardee’s. Modification or use of the materials for any other purpose violates the intellectual property rights of Hardee's, its licensors and/or their respective affiliates. Except as described otherwise, all materials in this site are made available only to provide information and constitute information of a general nature that do not address the circumstances of any particular individual or entity. Although Hardee's makes efforts to ensure that all material on the Online Services is correct, accuracy cannot be guaranteed and no information on the Online Services constitutes a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on the Online Services. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance. Hardee's controls the Online Services from its world headquarters in Franklin, Tennessee, and makes no representation that these materials are appropriate or available for use in other locations. Use of the Online Services is prohibited where such use is in violation of the laws of the State of Tennessee or the United States of America, or in violation of local laws.
You may access and use the Online Services to view information about the products and services offered by Hardee's, access and use features and services for their intended purposes, including, without limitation, ordering and delivery services, or as otherwise expressly authorized by Hardee's. You agree not to access or use the Online Services for any other purpose including, without limitation, any purpose that is prohibited by these Terms and Conditions or that is otherwise unlawful. You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Online Services. Hardee's may, in its sole discretion, terminate or suspend your access to, and/or use of, the Online Services, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that if your authorization to access the Online Services is terminated, you will not thereafter access, or attempt to access, the Online Services, directly or indirectly, until your suspension is removed and we give you express notice thereof.
Certain Online Services may allow you to submit or communicate with Hardee’s via written posts, materials, comments, suggestions, ideas, photos, and other information and materials (“User Content”). By submitting User Content in any form, you expressly grant us a perpetual, unrestricted, irrevocable, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to copy, disclose, reproduce, display, publicly perform, transmit, distribute and otherwise use your User Content, along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else.
By submitting User Content, you further agree: (i) that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Hardee’s; (ii) that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (iii) that you will not impersonate any person or organization, including without limitation, the personnel of Hardee’s, or misrepresent an affiliation with another person or organization; (iv) that any statements that you make about us or any of Hardee’s products, services, or programs in any User Content will accurately reflect your personal beliefs and experiences with us and our products and services; (v) and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Online Services.
Without notice to you, we may use, remove or edit User Content for any reason, including those that violate these Terms and Conditions, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You recognize and agree that when submitting any information, including personally identifiable information, to the Online Services, there is no guarantee of security. Hardee's makes no warranties, express or implied, that the information provided by you shall be free from interception or unauthorized access and in the unlikely event of an interception or unauthorized access despite our efforts, Hardee's shall not be responsible for any damages or liability arising therefrom or in connection therewith.
4. Liability Disclaimer.
Your use of and browsing of the Online Services is at your own risk. Hardee's assumes no liability or responsibility, financial or otherwise, and shall not be liable for any damage, loss or injury resulting from or arising out of your use, access or inability to access this Online Services or your reliance upon the information contained in this site, including, but not limited to, viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of or browsing of the Online Services. Your use of any information or materials on the Online Services is entirely at your own risk, for which Hardee's shall not be liable therefor. It shall be your own responsibility to ensure that any products, services or information available through the Online Services meet your specific requirements. Notwithstanding anything to the contrary set forth in these terms and conditions, in no event shall Hardee's total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to Hardee's, whether or not any such amounts are actually paid, for accessing the Online Services or any of the content thereon.
Without limiting the foregoing, YOU EXPRESSLY UNDERSTAND AND AGREE THAT (A) THE ONLINE SERVICES AND ALL THE CONTENTS THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (B) HARDEE'S, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, (C) HARDEE'S MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY, RELIABILITY, PERFORMANCE, COMPLETENESS, SUITABILITY OR TIMELINESS OF THE ONLINE SERVICES OR ANY ADVICE, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE ONLINE SERVICES, (D) HARDEE'S DOES NOT WARRANT THAT THE ONLINE SERVICES WILL OPERATE ERROR-FREE OR THAT THE ONLINE SERVICES OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE ONLINE SERVICES OR THE CONTENTS THEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HARDEE'S IS NOT RESPONSIBLE FOR THOSE COSTS. IN NO EVENT SHALL HARDEE'S HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE ONLINE SERVICES, EVEN IF HARDEE'S HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
5. Right to Change or Modify.
Hardee's reserves the right to change, modify, amend, adjust, add to, delete from and/or withdraw these terms and conditions and/or the information in the Online Services at any time without notice. Hardee's advises that you check the Online Services frequently to obtain updates, and you expressly agree to be bound by any such updates. The products and services referred to in the Online Services may not be available in your city, town, state or country. Hardee's reserves the right to change, modify and/or withdraw any products and services at any time without notice.
When you access and/or use the Online Services or send electronic mail to Hardee's, you are communicating with Hardee's electronically. In so doing, you consent to receive communications from Hardee's electronically, whether by electronic mail or by posting notices on the Online Services. By accessing the Online Services and/or utilizing any of its features, you thereby agree and acknowledge that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Unless specifically provided otherwise in this Online Services, communications, data and materials you send to the Online Services or to Hardee's, whether by accessing the Online Services, sending electronic mail or otherwise, are sent on a non-confidential basis and without any promises by Hardee's to keep such information confidential. Hardee's shall have the right to use and reproduce such communications or materials for any purpose whatsoever (including, without limitation, to develop, manufacture and/or market products) and without any obligation to pay you compensation for such use or reproduction. Any information you send Hardee's must be legal, truthful and not violate the rights of others.
Certain portions of this Online Services may be populated with User Content as noted in Section 2 above. Hardee's and all parties involved in creating, producing or delivering the Online Services, assume no responsibility or liability which may arise from the User Content, including but not limited to claims for defamation, libel, slander, obscenity, indecency, pornography, profanity, or misrepresentation. For the avoidance of doubt, the posting of, or transmission to, this Website, of any of the following items is strictly prohibited: pornographic, obscene, indecent, profane, defamatory, libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation.
7. Coupons, Promotions and Digital Offers
Coupons which are made available on Hardee’s Online Services may be redeemed at participating restaurants. Some digital coupons may require you to perform specific redemption action within the Online Service. Coupons may not be altered, changed or modified in any way. Copying, sale and Internet auction and re-distribution of coupons in any form is strictly prohibited. All coupons are void where prohibited and redeemable for a limited time.
You may receive digital offers through accessing and/or using the Online Services. Each digital offer may include separate terms and conditions, which you are responsible for reading and understanding. By accessing or redeeming a digital offer, you agree to be bound by those terms. In addition, the following general terms apply to all digital offers:
- Digital offers are available for a limited time as indicated within each offer.
- Digital offers are limited to one use per recipient, unless otherwise stated. Once a digital offer code has been redeemed, it will no longer be available.
- Digital offers may only be redeemed at participating Hardee’s restaurants.
- Digital offers are not transferable and are void where restricted, prohibited or taxed, or if reproduced, altered, purchased, distributed, auctioned, or sold.
- Digital offers are not eligible for cash refunds and have no cash value. Use with other offers may be restricted.
8. Mobile Application
To use the Online Services accessible through either the Hardee’s mobile website or the Hardee’s mobile application (“the Application”), you must have a compatible mobile device and wireless mobile data service. You are responsible for obtaining and paying for such required devices and services, including without limitation all usage charges related thereto. Hardee’s does not warrant that the Application will be compatible with your mobile device.
If you access the Application using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”) they shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions against you but that these third-party beneficiaries are not a party to these Terms and Conditions and are not responsible for the provision or support of the Application. You further agree that your access and use of the Application shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service and you acknowledge that you have reviewed those terms. These Terms and Conditions incorporate by reference the licensed application End User License Agreements (EULA) published by Apple and/or Google. For purposes of these Terms and Conditions, the Application is considered the “Licensed Application” as defined in the EULA and Hardee’s is considered the “Application Provider”. If any of these Terms and Conditions conflict with the terms of the applicable EULA, these Terms shall control. You further acknowledge and agree Apple and/or Google will not be responsible for any claims relating to the Application or your use or possession of the Application.
The Application may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the Application.
If you download the Application, Hardee’s may send you special offers and messages. These in-Application offers and messages are integrated features of the Application and may have specific terms and conditions outlined in the offer. If you do not wish to receive these in-Applications offers and messages, you must delete the Application. If you download the Application and provide permission, we may also push notifications to your device; you can opt out of push notifications in your device’s settings.
9. User Accounts
The Online Services may include services and/or features that allow you to open a user account to enhance such services and/or features (“User Account”). If you choose to sign up for a User Account, you must complete the registration process by providing current, complete, and accurate information as requested. Hardee’s has no responsibility for any loss caused by your failure to input or maintain the currency, completeness, and accuracy of your registration data. The creation of a User Account will require you to choose a user name and password. You are responsible for: (i) maintaining the confidentiality of your user name, password and other account information; and (ii) any and all activities that occur under your account. You agree to: (i) notify us immediately of any unauthorized use of your account; and (ii) not to email, post, or otherwise disseminate any user name, password, or other information that provides you access to the Online Services. Hardee’s is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
10. Online Ordering
Hardee’s Online Services may include the ability to order online from participating franchised restaurants (“Operators”). These Terms and Conditions apply only to orders placed through the Online Services. Ordering may not be available through the Online Services for all restaurant locations and some restaurants do not sell all menu items. Images of menu items on the Online Services may not be identical to what is available or that you may receive from an individual Hardee’s restaurant.
You are responsible for payment of your order by means of a payment option made available through the Online Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. By utilizing online ordering through the Online Services, you authorize Hardee’s to charge the payment method you specify. The Operator of the restaurant identified when you place your order is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order. Hardee’s does not prepare the items you are purchasing from the Operator and the Operator remains responsible for all items that you purchase.
You understand that: (i) the prices for menu items displayed through the Online Services may differ from the prices offered or published by Operators for the same menu items at a restaurant location, and (ii) Hardee’s reserves the right to change the prices displayed through the Online Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, delivery and service fees, or related surcharges. Charges paid for completed orders are final and non-refundable. Hardee’s has no obligation to provide refunds or credits, but may grant them, in our sole discretion.
Minimum order amounts may apply for orders placed through Online Services. Any applicable taxes and fees, delivery and service fees, or other related surcharges due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Online Services. Discounts, coupons and other offers may not be able to be combined with orders placed through Online Services.
11. Delivery Services
Delivery may also be available through the Online Services and/or select third-party delivery services for qualifying orders placed at participating restaurant locations. To determine which Hardee’s locations in your area are participating, simply opt for delivery when placing an online order on one of our Online Services or download the third-party delivery service’s mobile application, input your delivery address, and you will be able to order from participating Hardee's restaurants in your area. When ordering through a third-party delivery service, you understand and agree that you are placing the order and paying that third-party service provider and not Hardee’s or a restaurant Operator. The delivery services, regardless of whether they are place through Online Services or a third party, are provided by the third party, and Hardee’s has no responsibility or liability for the acts or omissions of the third-party delivery service provider. All orders placed through a third-party delivery service are subject to any terms and conditions provided by that service provider at the time of the order.
12. Links to Other Sites
Hardee's does not guarantee that you will receive an alert when you leave the Online Services, and it is your responsibility to determine when you have left the Online Services.
13. Links to the Online Services
Generally, no third party may create a link to the Online Services from another Online Services or document without Hardee's prior written consent. Anyone linking to the Online Services must comply with all applicable laws, the following guidelines and these terms and conditions. With Hardee's prior written consent, a Third Party Site may link to the Online Services, but may not replicate any content contained therein. In addition, any Third Party Site that links to the Online Services may not:
- Create a border or browser environment around Online Services content,
- Imply that Hardee's is endorsing it or its products,
- Misrepresent its relationship with Hardee's,
- Present false information about Hardee's, its products or services,
- Use the Hardee's logo or name or phrases without prior written permission from Hardee's, or
- Contain illegal content, or content that could be construed as distasteful, offensive or controversial and should only contain content that is appropriate for all age groups. 14. Intellectual Property.
All content on the Online Services, including, but not limited to, the "Hardee's" name and logos, any graphic images, audio, video, and text contained thereon, is the exclusive property of Hardee's or its licensors and, except for personal use where indicated, may not be copied, distributed, displayed, reproduced or transmitted in any form or means, whether electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Hardee's.
Nothing contained on the Online Services should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Online Services without the express written permission of Hardee's. Your misuse of the trademarked name or logo of Hardee's, or any menus, labels, or other content of the Online Services, is strictly prohibited. You are also advised that Hardee's will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution. Hardee's reserves all rights pertaining to the Online Services.
All images, designs, icons, logos, photographs and other materials that appear or are accessible on the Online Services, including, but not limited to, the design, layout, look, appearance and graphics ("Online Services Materials"), are copyrights, trademarks and trade dress and/or other intellectual properties owned, controlled and/or licensed by Hardee's The use of Online Services Materials by you or anyone else authorized by you is prohibited unless specifically permitted by these terms and conditions. In addition to violating these terms and conditions, any unauthorized use of such materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You should assume that everything you see, read or access on the Online Services is copyrighted and owned by Hardee's unless otherwise noted, and may not be used except as provided in these terms and conditions without the express written permission of Hardee's. If you believe that your work has been copied and is accessible on this Online Services in a way that constitutes copyright infringement, you may notify Hardee's by providing our copyright agent with the following in writing:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Hardee's to locate the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is infringing and not authorized;
- A statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
- The electronic or physical signature of the copyright owner or a person authorized to act on the copyright owner's behalf.
To submit a notification of claimed infringement, please contact Hardee's designated agent at the following address:
6700 Tower Circle, Suite 1000
Franklin, TN 37067
In case of any inconsistency between these English language terms and conditions and its translation into another language, this English language document controls.
16. Governing Law and Jurisdiction.
These terms and conditions shall be construed and interpreted according to the laws of the State of California, United States of America, without regard to the conflict of law principles or rules and expressly excluding any application of the United Nations Convention on Contracts for the International Sale of Goods. You agree that any legal action arising from or relating in any way to the Online Services will be brought exclusively in the Federal courts located in Nashville, Tennessee or State courts located in Williamson County, Tennessee, and you irrevocably agree to submit to the jurisdiction of such courts. These terms and conditions form the entire understanding and agreement with respect to the subject matter hereof and supersede any and all prior understandings or agreements.
If any term or condition shall, to any extent, be invalid or unenforceable, the remainder of the terms and conditions shall not be affected thereby, nor shall the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable be affected thereby.
These terms and conditions are effective as of July 1, 2021.