Terms and Conditions

These Terms and Conditions, as may be amended from time to time, apply to all services offered by Fifth Group Restaurants LLC, its subsidiaries, Bold American Food Co., LLC, and/or Fifth Group Restaurants, LLC, each a Georgia limited liability company (hereinafter referred to, collectively, as “Fifth Group Restaurants”). By making a payment through this online portal you acknowledge and have read, understood, and agreed to the Terms and Conditions set out below (including the privacy statement).

Conditions

All payments are subject to the following conditions:

• You warrant that in using the online payment facility you are authorized to use the debit or credit card for the payment or payments you are making.
• Payments received may not be posted to the account to which you are making a payment until the following business day and as late as 3 days after the date of payment.
• Fifth Group Restaurants cannot accept liability for a payment not reaching the correct account due to you providing an incorrect account number or other incorrect details whether personal or otherwise.
• Fifth Group Restaurants cannot accept liability for a payment not reaching the correct account where payment is refused or declined by the card supplier for any reason.
• If the card supplier declines payment, Fifth Group Restaurants is under no obligation to bring this fact to your attention. It is your responsibility to check with the card supplier that payment has been deducted from the debit or credit account.
• Fifth Group Restaurants will not be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort, delict or any other legal theory and whether or not advised of the possibility of such damages.

Refund policy

The terms of the Event Contract, Banquet Event Order, or Group Dining contract shall govern refunds available.

Such refunds only apply to the amount received to date from you. For the avoidance of doubt, nothing in this policy shall require Fifth Group Restaurants to refund any incurred fees or expenses (or part thereof) unless such fees or expenses (or part thereof) have previously been paid directly by you.

Refunds, if applicable, can only be credited back to the debit/credit card used for the original transaction and must be within 90 days of the transaction being paid. Outside of such 90-day period, payment will be credited back to your bank account once we have been supplied your account details.

Payments taken in error by Fifth Group Restaurants will be refunded in the same manner and any subsequent bank charges applied by the bank will also be refunded provided documentary evidence is supplied by the payer.

Security

All payment details which are entered through this payment gateway are encrypted when the customer, or payer making payment, enters them. Communications to and from the service provider’s site are encrypted.

Fifth Group Restaurants shall not be liable for any failure by the customer or payer making payment of fees to properly protect data from being seen on their screen by other persons or otherwise obtained by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.

Service provider

Online payments of fees can be made by credit or debit card. These payments are not processed by Fifth Group Restaurants directly, but by the service provider.

When a customer makes an online payment they may receive a confirmation email. If this is not received within 3 days it is the responsibility of the customer to check with Fifth Group Restaurants that the payment has been accepted.

Data protection

In this clause the term “personal data” is as defined in the Data Protection Act 1998 (DPA).

Fifth Group Restaurants will collect (or may already hold) personal data relating to the customer, or payer making payment, including name, address, or additional contact information.

By agreeing to be bound by these terms and conditions the customer, and/or any payer making payment, accepts and consents to his/her personal data, as detailed above, being provided to the service provider for sole purpose of the service provider offering and administering the online payment facility for the customer, or payer making payment.

It is the responsibility of the customer, or payer making payment, to ensure that all personal data provided to or held by Fifth Group Restaurants and/or provided to the service provider is clear and accurate. Fifth Group Restaurants will not be responsible for any losses suffered by the customer, or payer making payment, as a result of inaccurate information being provided to Fifth Group Restaurants or the service provider.

Fifth Group Restaurants may use the personal information provided to it to contact the customer, or payer making payment, to clarify or resolve any issues that arise in connection with any online payment made in respect of the fees.

By checking the box below, I authorize FIFTH GROUP RESTAURANTS to retain access to an encrypted or tokenized version of my credit card, debit card, and/or checking account information, and I further authorize the service provider to retain any information provided and electronic signature on file in order to charge my credit card, debit card, and/or checking account for balances due.