Welcome to Cathedral Bistro (‘BISTRO’), your preferred mobile application for dining. We created these Terms of Service (‘Terms’) to protect you and make ordering pizzas and great food easy. By accessing or using the services and products from Cathedral Bistro, LLC (‘we,’ ‘us,’ and ‘our’), you agree to these Terms
By registering for BISTRO you affirm that you are 18 years of age or the applicable age of majority. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them. If you register or otherwise use BISTRO, you agree to: (a) provide accurate and current information when requested; (b) maintain and update such information so that it is accurate and current at all times; (c) not share your password or unique ID or let anyone else access your account other than in those situations permitted under these Terms, or do anything else that might jeopardize the security of your account; (d) not use a username with the intent to impersonate another person or in a manner that infringes another person’s rights; (e) not use a username that is obscene or vulgar; and (f) immediately notify us of any unauthorized use of your password or any other breach of security related to BISTRO. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR BISTRO ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD. Your use of BISTRO is subject to all applicable policies which we may provide from time to time at http://www.cathedralbistro.com/terms (hereinafter collectively referred to as ‘the Policies’) and you agree to comply with the Policies. You assume all risk associated with use of BISTRO and each user does so at his/her own risk and is responsible for compliance with applicable local laws.
BISTRO is provided for free, but any food ordered through the App or directly with BISTRO will be charged the applicable prices.
3. Text Messaging and Telephone Calls
You agree that Cathedral Bistro, and its subsidiaries, representatives, affiliates, officers, and directors, may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with BISTRO, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from BISTRO at any time, either by replying STOP or by contacting firstname.lastname@example.org. If you do not choose to opt out, BISTRO may contact you as needed or desired.
You agree that BISTRO may contact you using any of the phone numbers you provided in connection with a BISTRO account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.
4. User Conduct
Please help keep BISTRO as safe as possible for all users. By using BISTRO, it is your responsibility to know, understand, and abide by our rules of use. These rules are not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of BISTRO and to take such responsive measures as we see fit. Cathedral Bistro reserves the right to add to or amend this list of rules at any time. Accordingly, you agree not to use BISTRO to: (i) violate any local, state, national, or international law or regulation; (ii) post, email, transmit, upload or otherwise make available content of any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another’s privacy, hateful, or racially or ethnically discriminatory, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (v) breach or circumvent any security or authentication measures (including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software contained on BISTRO; (vii) remove any copyright, trademark, or other proprietary notations from any Content (as defined below) or User Submissions (as defined below) of other users; (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (x) interfere with or disrupt BISTRO or servers or networks connected to BISTRO, or disobey any requirements, procedures, policies, or regulations of networks connected to BISTRO; or (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, ‘robots,’ ‘spiders,’ ‘offline readers,’ etc., that accesses BISTRO in a manner that sends more request messages to BISTRO servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
5. Ownership; Restrictions On Use
All right, title, and interest in and to BISTRO are and will remain the exclusive property of Cathedral Bistro, LLC and its licensors. All Content on BISTRO, including without limitation, text, software, graphics, photos, sounds, music, videos, interactive features, and the like (‘Content’) and the ‘Cathedral Bistro’ word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through BISTRO that constitute trademarks, tradenames, service marks or logos (‘Marks’) are owned by or licensed to Cathedral Bistro, LLC and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. By using BISTRO, you acknowledge and agree that BISTRO is for personal use only. You may not copy or otherwise duplicate information from BISTRO for any use whatsoever, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
You understand that use of BISTRO may result in charges to you for the services or goods you receive (‘Charges’). Cathedral Bistro will enable your payment of the applicable Charges for services or goods obtained through your use of BISTRO. Charges will include applicable taxes where required by law. Charges may include other applicable fees, product return fees, cancellation fees, estimated or actual tolls, and/or surcharges.
All Charges and payments will be enabled by BISTRO using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Cathedral Bistro may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Cathedral Bistro.
As between you and Cathedral Bistro, Cathedral Bistro reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of BISTRO at any time. Cathedral Bistro will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Providers behalf.
If you think a correction should be made to any Charge you incurred, you must let Cathedral Bistro know in writing within 30 days after the Charge took place or Cathedral Bistro will have no further responsibility and you waive your right to later dispute the amounts charged.
7. Content Availability
BISTRO provides its users with access to Cathedral Bistro menu offerings. The availability of these offerings may change from time to time, for a number of reasons (including limitations related to food products and available Internet bandwidth). As a result, we do not guarantee that any offerings will be available or remain available on BISTRO for any period of time.
Mobile Networks. If you access BISTRO through a mobile network, your network or roaming provider s messaging, data, and other rates and fees will apply. Downloading, installing, or using certain BISTRO features may be prohibited or restricted by your network provider and not all BISTRO features may work with your network provider or device.
Your right to use BISTRO automatically terminates if you violate these Terms or any rules or guidelines posted in connection with BISTRO. We reserve the right, in our sole and absolute discretion, to terminate your access to all or part of BISTRO, for any reason, with or without notice.
9. Links or Third Party Applications/Devices Links
BISTRO may contain links to third party websites or interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by us. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION.
Devices. If you access BISTRO using an Apple iOS or Android-powered device, then Apple Inc. or Google, Inc., respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of BISTRO. You agree that your access to BISTRO using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
10. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF BISTRO IS AT YOUR SOLE RISK. BISTRO IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CATHEDRAL BISTRO, LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO BISTRO (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through BISTRO or the content of any websites linked to BISTRO and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of BISTRO or the Content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from BISTRO; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through BISTRO by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any offerings made available on or through BISTRO.
11. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CATHEDRAL BISTRO, LLC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE ELSE’S) USE OF BISTRO.
12. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Cathedral Bistro, LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Cathedral Bistro, LLC, its subsidiaries, affiliates, officers, directors, employees, consultants, co-branders, other partners, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your feedback or any other Content) you (or anyone using your account) submit, post, or transmit on or through BISTRO; (b) your (or anyone using your account’s) use of BISTRO; (c) your (or anyone using your account’s) violation of these Terms; or (d) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. Cathedral Bistro, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Cathedral Bistro, LLC in asserting any available defenses.
These Terms shall be construed and enforced in accordance with the laws of the State of Texas without regard to any choice of law or conflict of laws principles, regardless of where you live. You will resolve any claim, cause of action, or dispute you have with us arising from or relating to these Terms or BISTRO exclusively in a state or federal court located in Dallas County, Texas. You agree to submit to the personal jurisdiction of the courts located in Dallas County, Texas for the purpose of litigation of all such claims or causes of action. In exchange for your agreement to litigate all matters in state or federal court located in Dallas County, Texas, BISTRO hereby agrees to participate in non-binding, pre-litigation mediation of any dispute; provided, however, such mediation occur in Dallas County, Texas before a mutually agreeable licensed attorney certified by the State of Texas as a mediator.
By using BISTRO, you agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).
16. Additional Terms for Apple iOS Applications
The following additional terms and conditions apply with respect to our applications designed for use on an Apple iOS-powered mobile device obtained by you from the iTunes Store (‘iOS App’). You agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for our iOS App, BISTRO, or any Content. You agree that your use of our iOS App will be subject to the Usage Rules in Apple’s then-current App Store Terms of Service. The parties agree that Apple shall have no obligation to provide maintenance and support services with respect to our iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for our iOS App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to our iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of BISTRO. You agree that we, and not Apple, are responsible for addressing any claims of you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to us as provider of BISTRO. You agree that, in the event of any third party claim that our iOS App or your possession and use of that iOS App infringes such third party’s intellectual property rights, we, not Apple, will be responsible for the investigation, defense, settlement, and discharge of such claim. The license granted to you for the Licensed Application shall be limited to a non-transferable license to use BISTRO on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that BISTRO may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. The parties agree that Apple and its subsidiaries are third party beneficiaries to the Terms applicable to your use of our iOS App. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms applicable to your use of our iOS App against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Entire Agreement. These Terms, together with any other rules or guidelines posted in connection with BISTRO constitute the entire and exclusive and final statement of the agreement between you and us with respect to BISTRO and supersedes any prior agreements, oral or written, between you and Cathedral Bistro, LLC. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The Terms outlined herein which, by their nature, require them to survive termination of your use of BISTRO, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of BISTRO.
Assignment. These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without consent from you. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable). The email address for notices being sent to Cathedral Bistro, LLC is Support@cathedralbistro.com.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of BISTRO or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Compliance with Third Party Regulations: You must comply with applicable third party terms of agreement when using BISTRO, e.g., you must not be in violation of your wireless data service agreement when using BISTRO.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail, or postings on BISTRO; provided, however, that this Section places no requirements on Cathedral Bistro, LLC not already expressly set forth herein.
19. Modifications to Service
We may, in our sole and absolute discretion, change these Terms temporarily or permanently with or without notice. Your continued use of BISTRO constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using BISTRO. You agree that Cathedral Bistro, LLC shall not be liable to you or any third party for any modification, suspension, or discontinuance of BISTRO.
20. Our Proprietary Rights
All title, ownership, and intellectual property rights in and to BISTRO are owned by Cathedral Bistro, LLC or its licensors. You acknowledge and agree that BISTRO contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Cathedral Bistro, LLC, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on BISTRO, in whole or in part.
Please report any violations of the Terms to Support@cathedralbistro.com. You also may contact Cathedral Bistro at 8103 Rasor Blvd., Ste. 110, Plano, TX 75024-0366.
Apple, the Apple logo, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
Last updated: October 11, 2021