Terms and Conditions

TERMS AND CONDITIONS 

 
 

INTRODUCTION

As used in these TERMS AND CONDITIONS OF USE, “Byram Bay Bistro” “we,” “us,” or “our” refers to the restaurant and its affiliates. The Byram Bay Bistro provides our website and/or mobile apps (collectively, the “Websites”) for your use, subject to these Terms and Conditions of Use and all applicable laws and regulations. Please read these Terms and Conditions of Use carefully. By accessing and/or using the Websites, you fully and unconditionally accept and agree to be bound by these Terms and Conditions of Use, including binding arbitration. If you do not agree to these Terms and Conditions of Use, please do not visit or use the Websites. Byram Bay Bistro reserves the right to revise these Terms and Conditions of Use, so please check back periodically for changes. Your continued use of the Websites following the posting of any changes to these Terms and Conditions of Use constitutes your acceptance of those changes. All changes are effective immediately when we post them and apply to the use of the Websites thereafter.

USE OF THE WEBSITES

Byram Bay Bistro maintains the Websites for your informational and non-commercial personal use. The Websites are owned and operated by Byram Bay Bistro or its affiliates and are for the user’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any text, graphics, sound, downloads, software, including source and binary code, information, content, documents, products or services (collectively, the “Content”) obtained from the Websites. Your use of the Websites for any other purpose is permissible only upon the express prior written consent of Byram Bay Bistro. The Content and the Websites are the property of Byram Bay Bistro or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by Byram Bay Bistro to protect its contractual, statutory and common law rights in the Content.

WEBSITE MODIFICATIONS

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Websites at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

LINKS TO OTHER WEBSITES OR MOBILE APPS

The Websites may include links to third-party websites or mobile apps. Byram Bay Bistro does not control and does not make any representations regarding and is not responsible for the content, quality, safety, accuracy, or privacy policies of any linked website or mobile app. The inclusion of any link on the Websites does not imply our endorsement of it. If you decide to access third-party websites, you do so at your own risk.

RESERVATIONS AND TRANSACTIONS

All reservations and transactions made through the Websites are subject to Byram Bay Bistro’s acceptance, which is in our sole discretion. Without limitation, this means that Byram Bay Bistro may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

ELECTRONIC COMMUNICATIONS

By using the Websites, you consent to receiving electronic communications and notices from Byram Bay Bistro. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

INTELLECTUAL PROPERTY

All copyrightable Content, the selection, compilation, arrangement, and presentation of all materials and Content, and the overall design of the Websites are copyrighted by Byram Bay Bistro, or are licensed to Byram Bay Bistro, and are protected by law. All rights are reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark, or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Websites may also contain content that is owned by third parties, including our partners and advertisers. You may use such third-party content only as expressly authorized by the applicable owner.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that the Content or other materials posted on the Websites violate your intellectual property rights, please contact Byram Bay Bistro at info@byrambaybistro.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Websites; (4) your address, telephone number, and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent, or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.

TRADEMARK PROTECTION

The Websites are protected under United States trademark law. The trademarks, trade names, logos, service marks, product names, and company names (collectively, the “Trademarks”) appearing on the Websites are registered and unregistered trademarks of Byram Bay Bistro and its affiliates. All other marks, logos, product names, and company names on the Websites are the property of their respective owners.

PRIVACY POLICY AND USE OF INFORMATION SUBMITTED

Any information submitted on or collected through the Website is subject to our Byram Bay Bistro Privacy Policy (Privacy Policy”), the terms of which are incorporated into these Terms and Conditions of Use and which may be updated without notice to you. As a condition of your use of the Websites, you agree to the terms of our Privacy Policy.

PASSWORD SECURITY

If you have a username and/or password for access to non-public areas of the Websites, you are solely responsible for maintaining the confidentiality and use of the username and/or password. Further, you are responsible for all activities that occur in connection with your username and/or password. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within the Websites through the use of your username and/or password. You agree to notify us immediately of any unauthorized access to or use of your username and/or password or any other breach of security.

NO WARRANTY

While we use our reasonable efforts to maintain the accuracy and reliability of the Websites, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Websites or for problems with the Websites operation. Your access and use of the Websites are at your own risk.

LIMITATION OF LIABILITY

IN NO EVENT SHALL BYRAM BAY BISTRO, ITS RELATED OR AFFILIATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITES, ANY INFORMATION PROVIDED BY THE WEBSITES OR ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITES.

INDEMNITY

You agree to indemnify and hold Byram Bay Bistro and its related companies and each of their respective directors, officers, employees, and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Websites or your violation of any law or the rights of any person.

BINDING ARBITRATION

You agree that any controversy or claim arising out of or relating to the Websites or use of the Websites or these Terms and Conditions of Use may only be settled by binding arbitration.

DISPUTES

These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms and Conditions of Use regarding a claim not subject to binding arbitration must be brought in the federal court in the District of New Jersey or the state courts located in New Jersey.

GENERAL

If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, that provision must be construed consistent with applicable law, and the remaining provisions must be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope of such section.

Terms of service for SMS Communications

If you provide your phone number and consent to receive text messages, the following terms apply:

Consent for SMS Communication: Information obtained as part of the SMS consent process will not be shared with third parties 

  • SMS privacy policy and terms and conditions: By providing your phone number, you agree to receive SMS communication from Byram Bay Bistro for updates regarding orders, events, or other important information.

  • Types of SMS Communication: If you have consented to receive text message from Byram Bay Bistro you may receive text messages related to:


    • Customers and Guests: Updates regarding your orders, deliveries, or promotional and informational updates
    • Job Applicants: Information about your application status, onboarding materials, or other employment-related updates.

    Standard Messaging Disclosures:

    • Message and data rates may apply. Rates are contingent upon the mobile carrier. For Specific rate information, please contact your current carrier. Message frequency varies based on our interaction. You may receive approximately 5-10 messages per day related to your requests.
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    • Opt-in Method: Customers will Opt-in for SMS messaging from (Byram Bay Bistro) through a form on our website located at (https://byrambaybistro.com/contact/), this agreement for SMS will not be shared with third parties for marketing purposes.
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    • Opt- Out Method: Customers will be able to Opt-out for SMS messaging  from (Byram Bay Bistro)by replying STOP at any time once opted-out you will receive no further SMS communication. They can opt back in at any time by replying START.
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    • For assistance, text “HELP” or visit our website www.byrambaybistro.com
    • If you want to obtain more information check our Privacy Policy and Terms of Service.

    • CONTACT US

If you have any questions about these Terms and Conditions of Use, please contact us at info@byrambaybistro.com or call us at (973) 810-2061.