terms & conditions + privacy policy

Welcome to Zao Asian Cafe, where we are dedicated to providing an exceptional online and mobile experience for all of your needs.   To ensure a seamless experience, we have outlined the following terms and conditions that apply to all online orders and payments.  These terms are designed to provide clarity and transparency, setting clear expectations for both parties.

Please scroll down to find our terms & coniditions as well as our privacy policy.

terms & conditions

By placing and order with us, you agree to the terms and conditions outlined below.  These terms govern the process from order placement to delivery and final payment.  Please take a moment to read through these terms and conditions.  They contain an arbitration agreement, jury and class action waivers, limitations on Zao Asian Cafe’s liability and other provisions affecting your legal rights.

Online/App/Web Ordering and Mobile Ordering & related payments are accepted at select participating Zao Asian Cafe restaurants, some of which may offer one and not the other. All capitalized terms used in these Mobile Order and Payment Terms and not defined herein shall have the respective meanings assigned to them in the Terms of Service. 

PLEASE READ CAREFULLY. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION, YOU ARE NOT PERMITTED TO USE THE SERVICES.

1. Binding Agreement

The Terms are a binding legal contract between you and Zao Stores, LLC (collectively, “Zao Asian Cafe”). Your use of the Services means that you; (a) warrant and represent that you are a legal resident of one of the 48 continental United States or the District of Columbia and have reached the legal age of majority in your state of residence; and (b) warrant and represent that you will comply with all applicable laws while using the Services. Do not use the Services if you do not accept the Terms.

Please visit this page frequently to review the Terms and to understand the terms and conditions that apply to your continued use of the Services. We may modify the Terms at any time. Your use of the Services after we post modifications to the Terms means that you accept the modified Terms.

1. General

All services may not be available for all Zao Asian Cafe restaurant locations. Some restaurants may not sell all menu items, and certain menu items may be subject to limited availability, or availability that is limited to certain times of the day. Images of menu items on the Services may not be identical to what you receive.

When using the Services for Mobile Ordering, you must select the participating Zao Asian Cafe restaurant, and the approximate time of pick-up. Please select your location and pick-up time carefully, as once you have confirmed your order, it cannot be canceled.  It is the client’s responsibility to review the order confirmation and notify us of any errors.   To use the online services, you will need to provide your name, address (if being delivered), phone number and email.  Our mobile/online ordering services will share the information you enter with the restaurant assigned to your order, and such information will be subject to our Privacy Policy if applicable. If your order is not picked up at the selected time, your order will be discarded, and no refund will be issued.

You have a legal obligation to pay for all orders that you make through the Services using the payment option we make available through the Services at the time of ordering. You also have a legal obligation to pay for any orders you place in restaurant or at a drive-through when using Mobile Payment. If you use Mobile Ordering, you must provide a valid form of accepted payment before submitting your order. Zao Asian Cafe accepts all major credit cards.

If you choose to set up Mobile Payment, you must provide credit card information which will be securely encrypted using industry-standard encryption protocols to safeguard your date.  You may save more than one credit card if you choose, and you may delete payment methods you have previously saved. If you choose to use this feature in the app, you can select one of your saved payment methods to be associated with your Zao Asian Cafe rewards account. 

For both Mobile Ordering and Mobile Payment, you authorize us to charge the payment method you specify at the time you place your order. You will be responsible for all applicable taxes and fees related to your order. Applicable taxes and fees will be charged at the time you are billed. We cannot provide tax refunds for online orders. By completing an order, you agree to pay, in full, the prices and all applicable taxes and fees in relation to your order, either by credit card or other permitted payment method. The total amount due may be charged in one (1) or more transactions (as determined by our online ordering systems in its sole and absolute discretion) (i.e., such that the sum of the amounts due to us pursuant to these transactions will equal the total amount due to us). We will only charge you the invoiced amount, but your financial institution may charge you a service charge or other bank fees.

Minimum order amounts may apply for orders placed through the Services.

Pricing and other terms and conditions relating to a purchase may be changed, in whole or in part, by our online ordering systems at any time without notice (unless required by applicable law). Prices for Mobile Ordering may differ from those for purchases made through other channels (e.g., in-restaurant or through third parties). We reserve the right to change the prices offered through the Services at any time. We reserve the right to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.

Charges paid for completed orders may not be cancelled, returned, or refunded. You may be entitled to a refund, at the sole discretion of Zao Asian Cafe or its agents, based on the individual circumstances underlying each request. However, for the avoidance of doubt, Zao Asian Cafe has no obligation to provide refunds or credits, but may grant them, in our sole discretion. Zao Asian Cafe takes fraudulent behavior seriously and has filters in place to monitor your orders and, where applicable, at Zao Asian Cafe’s sole discretion, refund requests. All disputes and refund requests are determined on a case-by-case basis in Zao Asian Cafe’s sole and absolute discretion. Submission of false, misleading, or otherwise unjustified refund requests will result in the termination or suspension of your ability to use the Services, as set forth in Section 3 below.

Without limiting the generality of any other section of the Terms, we reserve the right to limit or refuse any order, or any item or items within an order, you place through the Services. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud, tampering, and/or any other violation of the Terms. We may, in our sole and absolute discretion, limit, or cancel quantities purchased per person, per household, per period of time, or per order. These restrictions may include orders placed by or under the same account, or using the same payment method, credit card, and/or billing information. If we are unable to or choose not to accept an order or item, you will be notified accordingly and the amount for that order or item will be refunded accordingly.

All orders are subject to verification at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order, pick-up, and/or other information; and/or (ii) for any other reason we deem necessary for the purposes of fulfilling an order in accordance with our interpretation of the Terms.

If you are dissatisfied with the products or services you received from the selected restaurant, please contact the Zao Asian Cafe restaurant that fulfilled your order directly.

For questions or problems relating to operation of or transactions made through the Services, contact Customer Care. Note that we are only responsible for customer service issues relating to the Services, payments, card processing, debiting or crediting. Problems with any order you place with a Zao Asian Cafe restaurant are the responsibility of that restaurant. Our Customer Care representatives may provide you with the necessary information to contact the restaurant, but we disclaim any and all liability in connection with the order.

1.  Termination

In our sole discretion, we may restrict, suspend, or terminate your access to and use of the Services, in whole or in part, with or without prior notice. We may also suspend or terminate the Services, in whole or in part, with or without prior notice.

Zao Asian Cafe and all other Released Parties (defined below) are not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Errors will be corrected when discovered and Zao Asian Cafe reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted).

Any provision of the Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent after termination or expiration of the Terms, will survive expiration or termination of the Terms for any reason. Zao Asian Cafe also reserves the right to seek all remedies available at law and in equity for violations of the Terms. Upon termination or expiration, you must cease all use of the Services.

1. Governing Law, Arbitration, and Class Action Waiver

Except where prohibited by applicable law, the following terms apply to all legal disputes between you and Zao Asian Cafe. The Terms are governed by the laws of the United States, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, you waive any claims that that may arise under the laws of other states, provinces, countries, territories, or jurisdictions.

Except where prohibited by applicable law, by using the Services(and any other services connected therewith), you agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Services shall be resolved individually, without resort to any form of class or representative action and exclusively by arbitration, as set out below; (b) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, but in no event legal fees; and (c) under no circumstances will you be permitted to seek recovery for, and you hereby waive any and all rights to claim or seek recovery of punitive, incidental and/or consequential damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

The confidential binding arbitration shall be commenced and conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association. You agree that Zao Asian Café may seek any interim or preliminary relief from a court of competent jurisdiction in Utah, necessary to protect its rights or property pending the completion of arbitration. In the event a dispute cannot, by applicable law, be subject to binding arbitration, the parties hereto irrevocably submit to the jurisdiction of the state and/or federal courts in the District of Utah, except where prohibited by applicable law.

To the maximum extent permitted by applicable law, YOU PERMANENTLY AND IRREVOCABLY WAIVE THE RIGHT TO BRING ANY CLAIM IN ANY FORUM UNLESS YOU PROVIDE ZAO ASIAN CAFÉ WITH WRITTEN NOTICE OF THE EVENT OR FACTS GIVING RISE TO THE CLAIM WITHIN ONE (1) YEAR OF THEIR OCCURRENCE.

1. Disclaimers of Warranties

The laws of some jurisdictions may not allow the exclusion or limitation of representations, warranties or conditions, so some of the below exclusions may not apply to you. in such case, exclusions will apply to the greatest extent consistent with applicable law. Your use of the services (and any other services connected therewith) is entirely at your own risk. We make no representations, warranties or conditions about the services (and any other services connected therewith), including, without limitation, the operation of the services (and any other services connected therewith), the services or the information, materials, goods, or services appearing or offered on the services or with respect to any websites or services linked from the services. The services (and any other services connected therewith) are provided "as is", "with all faults," and "as available." Without limiting the generality of the foregoing, we disclaim all warranties and conditions, express, statutory, or implied, including but not limited to (i) the warranties of merchantability, fitness for a particular purpose, workmanlike effort, title, quiet enjoyment, no liens, and no encumbrances; (ii) the warranties against infringement, misappropriation, or violation of any intellectual property or proprietary rights of any person or entity; (iii) warranties arising through course of dealing or usage in trade; and (iv) the warranties relating to the accuracy, reliability, correctness, or completeness of data or content made available on the services or otherwise by Zao Asian Cafe. Further, there is no warranty that the services will meet your needs or requirements or the needs or requirements of any other person or entity or the needs or requirements set forth in any documentation. We make no warranties or conditions, express, statutory, or implied, that the services (and any other services connected therewith), including, without limitation, the content, functions, or materials contained in the services will be timely, secure, accurate, error free, complete, up-to-date, free of viruses, or uninterrupted. Zao Asian Cafe expressly disclaims any and all representations, warranties, conditions, and liabilities in connection with any user content or Zao Asian Cafe content. no information made available by or on behalf of Zao Asian Cafe shall create any warranty or condition.

if applicable law does not allow the exclusion of some or all of the above implied or statutory warranties to apply to you, the above exclusions will apply to you to the fullest extent permitted by applicable law.

1. Exclusive Remedy and Limitation Liability

That the laws of some jurisdictions may not allow the exclusion or limitation of certain damages, losses, or liability, so some of the below exclusions and limitations may not apply to you. In such case, exclusions and limitations will apply to the greatest extent consistent with applicable law.

Under no circumstances, including without limitation negligence, will any of the released parties (defined below) be liable for damages or losses, including without limitation direct, incidental, consequential, indirect, special, or punitive damages or lost profits arising out of the terms, or your access, use, misuse, or inability to use the services (and any other services connected therewith), however caused, whether in contract, tort, negligence, strict liability, or otherwise, even if Zao Asian Cafe has been advised of the possibility of such damages, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line or system failure, or other technologically harmful material that may infect your device, data, or other proprietary material due to your use of the services (and any other services connected therewith).

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the release parties’ liability in such jurisdictions for such damages shall be limited to the extent permitted by law. Any claim against us shall be limited to the amount you paid, if any, for use of the services (and any other services connected therewith).

1. Indemnification

You agree to indemnify, hold harmless, and defend Zao Asian Cafe, their respective parent companies, subsidiaries, affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services (including without limitation third party advertisers), and each of their respective officers, owners, directors, shareholders, franchisees, contractors, agents, employees, general and limited partners, successors, and assigns (collectively, the “Released Parties”) from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (and any other services connected therewith) , (ii) your online conduct in connection with the Services (and any other services connected therewith), (iii) your (or anyone acting under your password or username) violation or breach of the Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services (and any other services connected therewith), (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services(including without limitation third party advertisers) (and any other services connected therewith), or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services(and any other services connected therewith). You shall not settle any such claim without the prior written consent of Zao Asian Cafe. These obligations will survive any termination of the Terms.

1. Amendment

Where required by applicable law or at Zao Asian Cafe’s sole discretion, Zao Asian Cafe will provide written notice of material changes to the Terms thirty (30) days before the amendment comes into effect, using messages delivered within your account (text and data rates may apply), your email address, or any other contact information Zao Asian Cafe has for you at Zao Asian Cafe’s discretion. If you do not agree to a proposed amendment, you may terminate your use of the Services at any time.

1. Notice of California Consumers

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 (tel: 1-916-445-1254) or (800) 952-5210 (tel:1-800-952-5210).

1. Contact Information for Zao Asian Café

Please direct any questions, complaints, or comments related to the Services to info@zaoasiancafe.com

privacy policy

Zao Stores, llc (collectively, “zao asian cafe”) (also referred to herein as “Zao Asian Café”, "we," "us" or "our") has made this privacy policy (the "Policy") available to our Customers (also referred to herein as "you," or "your") in an effort to provide a candid and concise disclosure about what Customer data is collected when Customers use our website, mobile application, social media pages, and other online services, tools or programs (collectively the "Online Services"), and how that data (referred to herein as "Customer Data") may subsequently be used by us and by other third parties who are involved in providing the Online Services.

Gathering and analyzing customer data gives us the feedback we need to improve our Customer service. Our ability to serve you and other Customers is enhanced by our understanding of how you use our Online Services; however, we also believe that each Customer should enjoy a reasonable expectation of privacy when using our Online Services. We hope that your review of this policy will help you better understand the data related risks of using the Online Services so that you can make informed decisions about how to enjoy the convenience and benefits of our Online Services in light of those risks. If you determine that the data related risks outweigh the benefits of the Online Services, then please do not use the Online Services.

What information do we collect through our Online Services and how is it collected?

Generally speaking, two types of customer information will be collected when you use our Online Services: (1) personal information which is Customer Data that may be linked directly to your identity (commonly referred to in the industry as "Personally Identifiable Information"); and (2) "Anonymized Data" which is Customer Data that does not directly identify you and which is collected by automated means.

Personally Identifiable Information is collected when you voluntarily provide such information in order to use the Online Services. For example, to place an online order of food, you will provide Personally Identifiable Information such as your name, billing address, and payment card information. When you choose to participate in our loyalty program or other contests and promotions, you may provide similar Personally Identifiable Information that we request in order to effectively administer those programs. When you apply for a job online, you will be asked to provide more detailed personal information that we will use to evaluate your qualifications for employment positions. Please note that several of these Online Services features requiring or requesting Personally Identifiable Information are administered by third-party Service Providers (as identified below) and therefore are also subject to separate policies, terms and conditions of the applicable Service Provider.

Anonymized Customer Data ("Anonymized Data") is generally collected by automated means without reference to your personal identity as you use the Online Services. For example, as you use the Online Services those programs will collect anonymous information about how you accessed and used the Online Services, what kind of device or browser you are using to access the Online Services, the location of device so used, and the domain names and internet protocol addresses associated with your access of the Online Services. This data is useful to us (and to our Service Providers) in order to ensure that the Online Services operate effectively, to identify and prevent any fraudulent activity, and to analyze and respond to general customer behaviors and demands. We also collect Anonymized Data through the use of "cookies," as most online services do. "Cookies" are small pieces of information that a website sends to your electronic device's hard drive as you are using the website in order to remember how you have used the website, so that we can deliver a more interactive and personal experience as you use the Online Services. While Anonymized Data is not collected, used or shared with any intent to identify Customers, you should be aware that persons may be able to combine such data with other data reference points to "re-personalize" the data. While Zao Asian Cafe has no intention of re-personalizing data or authorizing third parties to do so, you should appreciate the risk that unauthorized persons or third-parties may in fact do so.

What information do we collect through our Online Services and how is it collected?

The short answer is that we use Personally Identifiable Information to provide and improve our services to you on an individual basis, and we use Anonymized Data to provide and improve our services at a more general Customer level. Specifically, in order to provide and improve our services to you and other Customers, we anticipate using Customer Data in any of the following manners:

1. To register an account for you to use the Online Services;
2. To facilitate and process Customer transactions with Zao Asian Cafe;
3. To promote and administer Zao Asian Cafe programs (such as loyalty, catering, and fundraising programs), as well as other contests and activities;
4. To communicate with Customers regarding Zao Asian Cafe products and services;
5. To help us better understand Customer preferences and concerns, to improve our Customer service and support, and to customize your Online Services;
6. To improve the functionality and use of our Online Services;
7. To comply with applicable legal requirements and industry standards;
8. In other ways which are disclosed at the time you voluntarily provide such information (such as for contests, promotions, job applications, etc.).
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Who is your information shared with?

The practicalities of operating the Online Services necessitate that we reserve our right to share Customer Data with: (1) third parties with whom we contract to administer the Online Services, or otherwise support our business; (2) affiliated and/or successor business entities; and (3) as required by law or government action. Each of these situations is described below in more detail.

1. Third Party Service Providers ("Service Providers"). Since Zao Asian Cafe is in the restaurant rather than tech business, we frequently rely on Service Providers to help us provide the Online Services. For example, a Service Provider developed and operates our mobile application. In many cases, this means that the Customer will be providing Customer Data directly to the Service Provider in order to facilitate business with Zao Asian Cafe, in which case the Service Provider will have its own separate policies, terms or conditions with respect to Customer Data. This policy does not apply to such Service Providers and Zao Asian Cafe is not responsible for the actions or inactions of such Service Providers. Current Service Providers and their respective Privacy Policies. Please contact us at info@zaoasiancafe.com to inquire about any of our Service Providers. Service Providers are likely to change from time to time and if you are directed to any third party platform while using the Online Services, please be aware that this Policy will not apply to such platform, and that the third-party operating the platform is likely to have a separate privacy policy.

In addition, we reserve the right to share aggregated, Anonymized Data with other parties at our discretion.

Please be aware that when you request delivery of our products via a third-party service, we will need to share your personal contact information (including your name, address and phone number) with such third-party in order for them to complete the delivery. We are not responsible for the use or misuse of such information by the third-party, or their agents and contractors.

1. Affiliated Business & Company Reorganizations. Zao Asian Cafe reserves the right to share Customer Data with other businesses that are either owned by, or under common control or ownership with, Zao Asian Cafe. In the event of a sale, merger, reorganization, or bankruptcy of Zao Asian Cafe, the Customer Data will be considered to be an asset of the company that is expected to be transferred to the successor entity which results from such a transaction, and under such circumstances Zao Asian Cafe is likely to so transfer the Customer Data.

1. Compliance with Law. We also reserve the right to use or disclose any Customer Data as needed to satisfy any law, regulation or legal request, to cooperate in any law enforcement or similar investigation, or to protect the rights, property or safety of Zao Asian Cafe, Customers or others.
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How do we protect your information?

Unauthorized use of Customer Data is a serious risk to both our Customers and to our business. In appreciation of that risk, we use reasonable technical and administrative security measures designed to reduce the risk of any unauthorized use or disclosure of Customer Data. Those measures include physical security, data encryption, advanced endpoint security and device segmentation.

 You must be aware that while the security measures we implement are intended to minimize the risk of unauthorized use or disclosure of Customer Data, we cannot warrant nor guaranty that such measures will prevent a security breach from occurring; indeed, many reputable companies have suffered such breaches despite their use of industry standard security measures. Our Service Providers are also likely to be targets of such breaches, and we have no ability to monitor or protect their systems. Therefore, when you use the Online Services you must understand that you are assuming the risk that your Customer Data is vulnerable to unauthorized use or disclosure arising from security breaches. You are also responsible for safeguarding any passwords or payment information which you use in connection with the Online Services; if you believe that such information is being used in an unauthorized fashion, you must notify us immediately.

How Can I Limit the Amount of Customer Data that I Share?

There are several ways in which you may limit the amount of Customer Data that is transmitted when you use the Online Services; however, you must understand that limiting the amount of Customer Data shared will also limit the amount of Online Services which can be provided to you. For example, you may limit the amount of data collected on the location the device you use to access the Online Services by accessing your device settings and withdrawing permission for the device to transmit such data; however, if such permission is withdrawn, then our Online Services will not be able to identify nearby restaurant locations or location related offers and information. Similarly, most internet browsers will allow you to limit or remove cookies which are sent to your device when you visit our website; however, without accepting cookies you may not be able to use all of the website's features. Please note that while several web browsers purport to enable you to browse the web without tracking or collection of Customer Data, many websites (including our own) do not respond to such preferences and will continue collecting data, in part because no common industry standards for handling such preferences have been adopted.

 Once you have shared Customer Data with us or our Service Providers, you may request that such information be provided, modified, or deleted by contacting us as provided below. Please note that while Zao Asian Cafe will consider such requests, we may not be able to grant all of them depending on applicable law and our legal rights. We cannot provide, modify or delete any Customer Data possessed by Service Providers, and you will have to contact them directly in the event that your request any such actions.

Children Under 13

 Our website, products and services are all directed to people who are at least 13 years old or older and we do not knowingly collect information from persons younger than 13 in violation of any laws. The website is not intended, or designed, to collect personal information from children. If you believe that we might have any information from or about a child under the age of 13, please contact us at info@zaoasiancafe.com.

Your California Privacy Rights

 The following applies to you only if you are a resident of California. California Civil Code Sections 1798.83-1798.84 (as may be amended or renumbered from time to time) permits users of the Online Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@zaoasiancafe.com.

Online Privacy Policy Only

 This Policy applies only to information collected through our Online Services.

Customer Feedback

 By submitting your information to Zao Asian Cafe through our "Contact" page, you are giving us permission to contact you directly using the information provided.

Changes to our Privacy Policy

 We reserve the right to update or change this Policy at any time. If we make a material change to our Policy, we will indicate on the Online Services that our privacy practices have changed and will provide a link to the new Policy. The date this Policy was last revised is at the top of this page. You are responsible for periodically reviewing the Online Services and this Policy to check for any updates or changes.

Contact Us

 If there are any questions regarding this Policy, please contact Zao Asian Cafe by email at info@zaoasiancafe.com.