LAST UPDATED: November 15th, 2020
- YOUR CONTRACT WITH RAISING CANE’S
- ACCOUNTS, PASSWORD, AND SECURITY
To access the Digital Services or the Content (defined below), you may be asked to provide certain personal details or other information to register and create an account. It is a condition of your use of the Digital Services that all information you provide is correct, current, and complete. You further agree to maintain and update your account information, as needed, to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account username and password. You should not permit others to use your account and you may not use anyone else's account at any time. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
We reserve the right to withdraw, amend, disable, or suspend the Digital Services and any service or material we provide through the Digital Services, in our sole discretion with or without notice. We will not be liable if for any reason all or any part of the Digital Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Digital Services to users, including registered users, if any.
- ADDITIONAL TERMS
- ORDERING FOOD ONLINE
Minimum order amounts may apply to online food ordering. There may be limits on the dollar values and number of orders that may be placed through the Digital Services. Any applicable fees, taxes and other amounts due in connection with your order will be identified when you place your order. You are responsible for payment of your order by means of a payment option made available through the Digital Services at the time of ordering. We use third-party providers and may accept various third-party services to process payments. You understand and agree that, when you register a payment card on the Digital Services, that Raising Cane’s or its third-party service providers may verify that the payment card you registered is valid. You authorize Raising Cane’s or its third-party service providers to process the order amount to the payment card you selected when you submitted your order.
The Raising Cane’s restaurant identified when you place your order is responsible for fulfilling your food order and for any questions or other communications regarding your order. If you have any issues or questions specific to your order, you should address them with the Raising Cane’s restaurant where you placed your order. Once you place your order, you may not be able to cancel it, depending on the time you have set for your order on the Digital Services. You may receive a notification within the applicable Digital Services that the Raising Cane’s restaurant has accepted your order and is preparing it. You may need to enable push notifications and location services on your Device (defined below) in order for food ordering to function properly, or to enable certain aspects of online ordering. For example, we may offer a feature on our mobile app that allows you to let the restaurant know you are approaching the restaurant location, to ensure that your order is prepared fresh for you.
Every participating restaurant location may not have all menu items identified through the Digital Services. Images of products and packaging on the Digital Services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your Device’s display of colors or factors such as the ingredients used, the supplier, and the region of the country. Discounts, coupons and other offers may not be available with online ordering.
- ONLINE RETAIL ORDERING
- MOBILE, MESSAGING, AND LOCATION-BASED FEATURES
- Mobile Features.
The Digital Services may offer certain features and services via your mobile device (“Device”). Features and services may include the ability to access the Digital Services’ features, upload content to the Digital Services, receive messages from the Digital Services, and download applications to your Device (collectively, “Mobile Features”). You agree to receive communications we may send through Mobile Features for which you are registered. Further, we may collect information related to your use of the Mobile Features. If you have registered via the Digital Services for Mobile Features, then you agree to notify Raising Cane’s of any changes to your wireless contact information (including phone number) and update your accounts on the Digital Services to reflect the changes. If the Digital Services include push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Digital Services are running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or app settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
- Text Messages: You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. Such consent is not required to purchase any product or service aside from the text subscription itself. For each subscription, as applicable, follow the instructions provided in order to terminate (i.e., opt-out) that subscription. Subsequent or different subscriptions will be unaffected by an opt-out.
You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Except for purchase of premium text programs to which you subscribe for a fee, your consent to receive text messages is not a condition of any purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are 18 years of age or older or have obtained parental consent. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them in the Contact Us section below.
- Email Messages: You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Digital Services, such as administrative and service announcements. These transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
- Location-Based Features.
- Terms Applicable for Apple IOS
The terms in this section 7(d) apply to the extent that you access a mobile application on an Apple device using Apple iOS.
(iii) You acknowledge that Raising Cane’s, and not Apple, is responsible for providing the Digital Services and Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Digital Services.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Digital Services.
(vii) Further, you agree that if the Digital Services, or your possession and use of the Digital Services, infringes on a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(ix) When using the Digital Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Digital Services.
(x) Your use of real time route guidance on the Digital Services (if any) is at your sole risk. Location data may not be accurate.
- PROPRIETARY INFORMATION
- RESTRICTIONS ON USE
You may use the Digital Services only for your personal, non-commercial purposes. You agree not to use any Digital Services or Content in any way that violates any applicable federal, state, local, or international law or regulation. You may not use any Digital Services, or any of the Content and material owned, licensed, or controlled by Raising Cane’s for any other purpose, including any unpermitted commercial purpose, unless we provide prior written consent to such use.
You agree not to:
- decompile, reverse engineer, disassemble, modify, reduce the Digital Services to human perceivable form or create derivative works based upon the Digital Services or any part thereof;
- disable any licensing or control features of the Digital Services;
- “frame” the Digital Services or any portion thereof or otherwise cause the Digital Services or its contents to appear to be provided by anyone except Raising Cane’s;
- merge the Digital Services or Content with another program or create derivative works based on the Digital Service or Content;
- remove, obscure, or alter any notice of the copyright or other proprietary legends on the Digital Services or Content;
- sublicense, assign, translate, rent, lease, lend, resell for profit, distribute, or otherwise assign or transfer Content or access to the Digital Services to others;
- use the Digital Services by means of any automated program, expert system, electronic agent or “bot,” and give any person or entity access to the Digital Services or Content;
- utilize any “scraping,” copying, republishing, licensing, or selling the data, information, or other Content on or from the Digital Service;
- hyperlink to the Digital Services;
- use, or allow the use of, the Digital Services in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or
- otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Digital Services.
In addition, you are prohibited from “co-branding” the Digital Services without our prior written consent. ("Co-branding" means displaying a name, logo, trademark or other means of attribution or identification of any party in a manner reasonably likely to give a user the impression that the other party has the right to display, publish, or distribute the Digital Service or its Content.) You will cooperate fully with Raising Cane’s in causing any unpermitted or unauthorized activity of yours or a third party authorized by you to cease immediately. To the extent that such unpermitted or unauthorized use continues after notice from Raising Cane’s, you agree to pay or reimburse us for any and all costs associated with ending or terminating such use.
You agree not to impersonate or attempt to impersonate the Raising Cane’s, a Crewmember, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- CONFIDENTIAL INFORMATION AND TRADE SECRETS
Certain information provided to you by Raising Cane’s through non-public portions of the Digital Services may be confidential or trade secret information. You may use or disclose such information only to the extent necessary for the purpose it was disclosed to you. You may not use the Digital Services to circumvent the terms of any confidentiality agreement or in any other manner that is not consistent with the business purpose of the Digital Services. When reasonable, you must return or destroy such information when you have fulfilled such purpose.
- THIRD-PARTY SERVICES, CONTENT, AND WEBSITES
RAISING CANE’S MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT OF THIRD-PARTY WEBSITES OR CONTENT THEREOF. ALL THIRD-PARTY SERVICES, CONTENT THEREOF, AND LINKS THERETO ARE PROVIDED TO YOU “AS-IS” “WHERE IS,” AND WE SPECIFICALLY DISCLAIM ANY WARRANTIES WITH REGARD TO COMPLETENESS OR ACCURACY OF THESE LINKS OR THE WEBSITES THAT ARE LINKED TO THIS WEBSITE. THE INCLUSION OF ANY LINK TO OR CONTENT OF A THIRD-PARTY WEBSITE DOES NOT NECESSARILY IMPLY RAISING CANE’S ENDORSEMENT OF OR AFFILIATION WITH THAT WEBSITE.
Some Digital Services may allow you to send stories, anecdotes, content, comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information to Raising Cane’s through the Digital Services (together, “Submissions”).
You hereby grant to Raising Cane’s the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions, and to incorporate any Submissions into other works in any form, media, or technology now known or later developed. In addition, you grant to Raising Cane’s the unconditional, perpetual, and irrevocable right to use your name, persona and likeness in connection with any of your Submissions as set forth herein.
You are fully responsible for your Submissions. You represent and agree that any statements you make about us or any of our products, services, or programs in any Submission accurately reflect your personal beliefs and experiences with us and our products and services, and any opinions submitted are true to the best of your knowledge.
- COPYRIGHT INFRINGEMENT NOTIFICATION
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials available on the Raising Cane’s Digital Services infringe upon your copyright, then you (or your agent) should send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
If you believe in good faith that your work has been improperly reproduced on Raising Cane’s Digital Services, then please provide us with the following information: (1) your name, address, telephone number, email address; (2) an electronic or physical signature of the copyright owner of the exclusive right or of the person authorized to act on behalf of the owner; (3) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (4) the applicable Raising Cane’s Digital Services and identification or a description of where the alleged infringing material is located within such Digital Services; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices should be sent to:
Raising Cane's Restaurants, LLC
6800 Bishop Road
Plano, TX 75024
We suggest that you consult with a legal advisor before filing a notice or counter-notice. Please note that there may be penalties for false claims under the DMCA.
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, (i) THE DIGITAL SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RAISING CANE’S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DIGITAL SERVICES AND CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT AND WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; (ii) RAISING CANE’S MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE DIGITAL SERVICES OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED; (iii) RAISING CANE’S IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS; AND (iv) YOU ASSUME TOTAL AND SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES AND CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, IN NO EVENT SHALL RAISING CANE’S, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND SUPPLIERS BE RESPONSIBLE OR LIABLE FOR PERSONAL INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA, LOST BUSINESS OPPORTUNITIES AND/OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES OR CONTENT, OR UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL SERVICES OR CONTENT OR RAISING CANE’S SERVERS, OR ANY PERSONAL, FINANCIAL OR OTHER INFORMATION STORED THEREON OR IN TRANSIT THERETO, WHETHER BASED IN TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER RAISING CANE’S WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES OR CONTENT IS TO STOP USING THE DIGITAL SERVICES OR CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
- MANDATORY BINDING INDIVIDUAL ARBITRATION
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.
- Arbitration Agreement with Class Action Waiver
- Arbitration Procedures
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding against Raising Cane’s, you must serve Raising Cane’s registered agent for service of process at. Each franchisee agrees that Raising Cane’s may accept service of process on its behalf.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.
The arbitration shall take place in Plano, Texas or at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- GOVERNING LAW
- NOT A SECURITY OFFER
None of the communications made through the Digital Services should be construed as an offer to sell any franchise; nor is any such communication directed to residents of any jurisdiction requiring registration of the franchise before it is offered or sold in the jurisdiction. No franchises will be sold to any resident of any such jurisdiction until the offer has been exempted from the requirements of, or duly registered in and declared effective by, such jurisdiction and the required Franchise Disclosure Document (if any) has been delivered to the prospective franchisee before the sale in compliance with applicable law. If you have any questions concerning the registration status of franchises in your jurisdiction, please contact email@example.com or call 1.866.55.CANES.
- CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT DISCLOSURE STATEMENT
The California Transparency in Supply Chains Act of 2010 Disclosures
Raising Cane’s Support of Human Rights in Our Business Practices
We are committed to social responsibility, both as an employer and in how we do business. Our goal is to ensure human rights are upheld for all involved in our supply chain, and that individuals experience safe, fair, and non‐discriminatory working conditions. Raising Cane’s is committed to complying with the law and conducting all activities in accordance with the highest ethical standards.
Overview of Raising Cane’s actions to support human rights
Raising Cane’s recognizes fair labor practices as being an inherent part of human rights, and Raising Cane’s key actions in support of human rights include:
- Raising Cane’s prohibits human trafficking and slavery in its supply Although Raising Cane’s does not engage in third party verification to evaluate and address risks, all complaints filed through Raising Cane’s hotline (described below) are promptly and thoroughly investigated and handled as appropriate.
- Raising Cane’s requires its suppliers to adhere to Raising Cane’s standards with respect to all aspects of business At this time, audits are not conducted.
- Raising Cane’s requires suppliers that provide materials to our business to agree to act in accordance with all applicable international, federal, state, and local laws and regulations.
- Because Raising Cane’s believes in fair labor practices as being an inherent part of human rights, Raising Cane’s maintains internal accountability standards for its employees and/or Raising Cane’s provides a toll-free, confidential hotline for Raising Cane’s employees and business invitees to report all potential issues and concerns. Each report is investigated by Raising Cane’s. Raising Cane’s also requires its employees to adhere to Raising Cane’s policies and procedures, however, training on slavery and human trafficking is not provided at this time.
Raising Cane’s maintains a Business Ethics Policy and Employment Policies that include maintaining a professional, safe, and humane work environment for our Crewmembers, contractors, and visitors. Raising Cane’s will not use physical or psychological disciplinary tactics. Additionally, Raising Cane’s will not subject Crewmembers to threats of violence, sexual harassment, or psychological abuse. Raising Cane’s will not use forced labor, including imprisonment, indentured, bonded, or any other form of compulsory labor, nor will it use persons younger than 16 years of age in any of its restaurants or offices.
Raising Cane’s will meet all legal requirements for wages and benefits where it conducts its business and will meet industry standards. Raising Cane’s will provide workers with a safe and healthy work environment in compliance with all applicable laws and regulations.
Raising Cane’s will update this notice to reflect improvements and progress in preventing and addressing potential human rights violations in our supply chain, particularly in the areas of slavery and human trafficking.
- CONTACT US
Web form: www.hicanes.com
Phone: 833.HI.CANES (833.442.2637)
Write Us at: RAISING CANE’S, 6800 Bishop Rd., Plano, TX 75024