Welcome to Porky WOW! and thank you for visiting our website.
These Terms and Conditions of Service and Use of Porky WOW! website (referred herein as “Website”, and sometimes referred to herein as “we” or” us” or “our”) are hereby made effective, and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Porky WOW! hereby amend and restate any such prior terms and conditions.
The words “You” or “User” “Your” as used herein refer to all individuals accessing or using the Website for any reason.
By using the Website, you represent that you have read and agree to be bound by the terms of this Agreement, as well as any other guidelines, privacy policy, rules and additional terms referenced herein, collectively referred to as “Terms and Conditions”. These Terms of Use set out the legally binding terms with respect to your access and use of the Website and our provision of the Services.
SECTION 1- ACCEPTANCE
By clicking “I AGREE” and/or simply by using or accessing the Website, you hereby agree:
(a) that you have received, read, and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of The Porky WOW! as each may be amended or supplemented from time to time in our sole discretion without notice, and
(c) that your use of our services and our Website shall comply with all applicable federal, state and local laws, rules, or regulations, and that you are solely responsible for your compliance with, familiarity with, and understanding of any such laws, rules, or regulations applicable to your use of the Website. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
SECTION 2- USER OBLIGATION
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
Not to access the Website using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
Not to engage in multi-level marketing using the Website, including, without limitation, pyramid schemes, and similar marketing concepts;
Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
Not to solicit personal information of another person or request or obtain access to an account of another person;
Not to bully, intimidate, or harass any person;
Not to use the Website in any manner that is, or could reasonably be construed to be, in
violation of these Terms and Conditions, fraudulent, misleading, malicious or
discriminatory;
Not to take any action that could disable, overburden, or impair the operation or
availability of the Website, such as a denial-of-service attack;
Not to engage in manipulative practices designed to obfuscate the true intent of your
submissions to the Website, or to artificially generate traffic to another website;
Not to facilitate or encourage any violations of these Terms and Conditions;
Not to issue charge back disputes against us;
Not to use patented, copyrighted, trademarked or other protected intellectual property
without the written consent and authorization of the owner of such property;
Not to copy, distribute or disseminate the Website or any portion thereof, and not to
transfer the Website, or any portion thereof, to another person or “mirror” the Website,
or any portion thereof, on any other server;
Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the
Website or any portion thereof.
SECTION 3- ORDER OBLIGATIONS
Anyone can browse Porky WOW! without registering for an account. However, you will be required to provide your personal information (including but not limited to your delivery address and payment information) with Porky WOW! in order to checkout for an order. You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our check out form. Your personal data and certain other information about you are governed by our Privacy Policy.
In the case of addresses that are irregular or difficult to locate, it is the responsibility of the customer to clearly mark special delivery instructions. Failure to do so may result in a delayed delivery, or the order being cancelled by Porky WOW!.
SECTION 4- PAYMENT AND PRICES
The price of food items charged shall be as quoted on the website at the time you confirm your order with us. Excluding any inadvertent technical error on pricing, we will honor any prices as published at the time of placing your order. You shall only be charged for items dispatched to you.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalogue, please let us know.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
SECTION 5- YOUR RESPONSIBLITIES
While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the website. We reserve the right to discontinue the sale of any product listed on the website at any time without notice. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
You must ensure that delivery can be made to the address during the checkout. If we are unable to make delivery at the given address in the selected time slot then we will deem the order cancelled at full cost.
SECTION 6- REFUSAL OF YOUR ORDER
We make an earnest effort to make sure that products listed on our website is available in stock and that the prices shown are correct. In the unlikely event if we’re not able to send your order we will cancel your order and the funds will refunded back to your account.
While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Site1. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
SECTION 7- DELAYS IN DELIVERY
Porky WOW! is partnered with Doordash to get your order to your doorstep while it’s still hot. Once your order is confirmed, a Doordash driver will pick up your order and will work to get your order to you as quickly as possible, but please note that the delivery lead times are all estimations and we cannot guarantee an order to arrive by a specific time. We encourage you to order all items to a permanent address in order to ensure a fast and successful delivery.
Since Doordash drivers are not our employees, Porky WOW doesn’t have any control over the order once they are out for delivery. Delivery time is subject to factors beyond Porky WOW!’s control including unexpected delivery delays due to traffic, weather conditions and strikes. We will keep you informed on the status of your order including delays if any.
SECTION 8- ONLINE PAYMENTS
Porky WOW! is not a payment processor. We use Stripe and Google Pay as to process payments made for the orders. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
SECTION 9- MAINTENANCE
We may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to the Website (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the we shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur.
SECTION 10- REFUNDS AND CANCELLATIONS
Once your order has been confirmed all payments related to your order are completely non-refundable. We reserve the right to cancel or postpone the delivery in case of emergency situations.
SECTION 11- FEEDBACKS AND REVIEWS
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g., quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Porky WOW! feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
SECTION 12- HYPERLINKS
While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link that may have gone ‘bad’.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SECTION 13- LIMITATIONS ON USE
You may not reproduce, resell, or distribute our products for any purpose unless you have been specifically permitted to do so under a separate agreement with Porky WOW!. You may not sell or enable any third parties to resell the products purchased by You, display on any website or otherwise publish the services or any Content obtained from a Service or otherwise generate income from the services or use the services for the development, production or marketing of a service or product substantially similar to our services.
SECTION 14- INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Porky WOW!, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns from and against all actual or alleged Porky WOW! Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury.
SECTION 15- DISCLAIMER OF WARRANTIES
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL MAJOR ALLERGENS (MILK, MUSTARD, WHEAT, EGG, SOY, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE WEBSITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR WEBSITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE WEBSITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE WEBSITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CONTENT RELATED TO OUR PRODUCTS PROVIDED BY OR DISPLAYED THROUGH A THIRD-PARTY CHANNEL, INCLUDING, WITHOUT LIMITATION, REGARDING ITS ACCURACY OR COMPLETENESS.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PORKY WOW DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE
USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE WEBSITE OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
SECTION 16- TERMINATION
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Website (or any features or parts thereof) or the provision of the Products at any time.
SECTION 17- WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 18- FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
SECTION 19- DMCA TAKEDOWN PROCEDURE
Porky WOW! will always respect the intellectual property of others, and we ask that all of our users do the same. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
A description of the location of the site which you allege has been infringing upon your work;
Your physical address, telephone number, and email address;
A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
A statement, made under penalty of perjury, that the aforementioned information in
your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
SECTION 20- MODIFICATIONS
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Website and/or services offered on or through the Website after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
SECTION 21- GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance with American laws, and the courts of California will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of service.
SECTION 22-COPYRIGHT
PorkyWOW.com; All rights reserved. All materials presented on this website are copyrighted and owned by Regional Pork Confits, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this website is expressly prohibited.
SECTION 23-COPYRIGHT
For more information, please find us at
Email: promex@promexmarketing.com Phone: (209) 585 0424
Address: 145 S Kilroy Rd. Turlock, CA
Thanks for visiting Porky WOW!. Please take a moment to read our Privacy Policy before continue using our website.
Our collection, use, disclosure, and processing of personal information about individuals will vary depending upon the circumstances. This privacy notice is intended to describe our overall privacy and data protection practices. In some cases, different or additional notices about our data collection and processing practices may be provided and apply to our processing of certain personal information.
What Is Personal Data?
Personal data relates to a living individual who can be identified from that data. The processing of your personal data is governed by applicable privacy laws.
Here are the information that we voluntarily collect from you when you place a order:
● Name
● Email
● Phone Number ● Address
Your Data Controller
We are the data controller with respect to processing your data. This means that we decide how your personal data is processed and for what purposes. We know that you care how data about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.
To exercise your data protection rights, please contact us at:
Email: promex@promexmarketing.com Phone: (209) 585 0424
Address: 145 S Kilroy Rd. Turlock, CA
Your Consent
You may choose to provide us with your e-mail address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you. You can stop receiving e-mails by following the unsubscribe instructions in emails that you receive. If you decide not to receive e-mails, we may still send you service-related communications.
SECTION 1- HOW WE USE YOUR PERSONAL INFORMATION
While the purposes for which we may process personal information will vary depending upon the circumstances, in general we use personal information for the purposes set forth below.
Providing support and services: including, for example, to deliver products you request (and send related information), operate Porky WOW!; to communicate with you about your access to and use of our services; to respond to your inquiries; to provide troubleshooting, fulfil your requests and provide technical support; and for other customer service and support purposes.
Analysing and improving our business: including to better understand how users’ access and use Porky WOW!, to evaluate and improve our services and business operations, and to develop new products, features, offerings, and services; to conduct surveys, and other evaluations, such as customer satisfaction surveys; and for other research and analytical purposes.
Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties.
Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests.
SECTION 2- DISCLOSURE OF PERSONAL INFORMATION
We may disclose the personal information that we collect about you as set forth below or as otherwise described at the time of collection or sharing.
Business transfers: We may disclose or transfer personal information as part of any actual or contemplated merger, sale, and transfer of our assets, acquisition, financing or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
Legally required: We may disclose personal information if we are required to do so by law (e.g., to law enforcement, courts or others, e.g., in response to a subpoena or court order).
Protect our rights: We may disclose personal information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and to protect the rights, property, or safety of us, our clients and customers or others.
SECTION 3- DO-NOT-TRACK SIGNALS
Please note that our websites do not recognize or respond to any signal which your browser might transmit through the so-called ‘Do Not Track’ feature your browser might have.
SECTION 4- SECURITY
We use technical, administrative, and physical controls in place to help protect personal information from unauthorised access, use, and disclosure. Even so, despite our reasonable efforts, no security measure is ever perfect or impenetrable.
SECTION 5- DO NOT SELL MY DATA
Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent.
SECTION 6- CALIFORNIA ONLINE PRIVACY PROTECTION ACT
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy.
According to CalOPPA we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page, or as a
minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the
page specified above.
SECTION 7- CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA)
We do not knowingly collect, maintain, or use Personal Information from our Website about children under the age of 13. We request that persons under the age of 13 not use our website without supervision from a responsible adult. We will never request Personal Information from a child under the age of 13 without verifiable parental consent. If We become aware that a child under the age of 13 has sent Personal Information to us without prior parental consent, we will remove his or her Personal Information from our files.
SECTION 7- THIRD-PARTY WEBSITES
The website may contain links to third-party services. When you click on those links, you will go to a third-party website where you will be subject to that service’s privacy policy or similar statement and terms of use, and we encourage you to read that policy statement. We are not responsible for the privacy practices of other websites, and we expressly disclaim any liability for their actions, including actions related to the use and disclosure of personal information by those third parties.
SECTION 8- CHANGES TO THIS POLICY
We may amend this Policy at any time. If we make any material change in how we collect, use, disclose, or otherwise process personal information, we may not post a notice regarding such change on the services.