TERMS OF USE
(LAST UPDATED: MARCH 15, 2024)
LAST UPDATED: March 15, 2024
INFORMATION ABOUT US
1. Chipotle Mexican Grill UK Limited (registered under company number 06708087 with its registered office at 83 Baker Street, Marylebone, London, England, W1U 6AG.
THESE TERMS
2. These Terms of Use (“Terms”) govern your access to, and use of, the websites (each, a “Site” or “Website”), mobile applications, and online services or programs operated by or on behalf of Chipotle Mexican Grill UK Limited or any of its group of companies (“Chipotle”) and on which these Terms appear (including a Site or Website, each a "Channel" and together the "Channels"). These Terms are a legal and binding agreement between you and Chipotle. Your use of a Service confirms your acceptance of these Terms and your representation that you are capable of entering into a binding agreement. Do not use a Channel if you do not agree to be bound by these Terms. Please note that there may be additional terms and conditions applicable to a specific Channel other than those set out here. Any additional terms and conditions will be made available as appropriate when accessing such other Channel.
THE SERVICES
3. Chipotle strives to ensure that the information contained on a Channel is accurate and reliable. However, Chipotle and any Channel are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permitted by applicable law, Chipotle makes no representations about the reliability of the features of a Channel (including but not limited to the Chipotle Content (defined below), Submitted Content (defined below), or any other feature of a Channel). You acknowledge that any reliance on the Chipotle Content, Submitted Content, or any other feature of a Channel will be at your own risk. Chipotle is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Chipotle, and Chipotle does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Chipotle prior to posting and Chipotle makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Chipotle makes no representations regarding the amount of time that any Chipotle Content or Submitted Content will be preserved.
4. Channels are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by applicable law, Chipotle hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Chipotle may make changes to, suspend, withdraw or restrict the availability of, all or any part of a Channel for business and operational reasons.
5. Chipotle disclaims any and all liability for the acts, omissions, and conduct of any third party service providers, partners, sponsors, licensors, licensees, and any other third party (“Providers”) in connection with or related to your use of a Channel and materials, programs, features, and services made available therein (including but not limited to the Chipotle Content, Submitted Content, or any other feature of a Channel).
6. Chipotle does not guarantee that a Channel will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access a Channel. You should use your own virus protection software. You must not misuse a Channel by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to a Channel, the server on which the Channel is stored or any server, computer or database connected to a Channel. You must not attack a Channel via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use any Channel will cease immediately.
7. Chipotle does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Chipotle's negligence or the negligence of its employees, agents or subcontractors and for fraud or fraudulent misrepresentation. In no event shall Chipotle or any Provider be liable to any person (including any user of a Channel) for any damages, costs, expenses or any other losses of any kind whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
a. use of, or inability to use, a Channel; or
b. use of or reliance on any content displayed on a Channel (including but not limited to the Chipotle Content and the Submitted Content).
8. In particular, Chipotle will not be liable for any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill, reputation, or data; or any indirect or consequential loss or damage.
GENERAL COMPLIANCE WITH LAW AND INDEMNIFICATION
9. You agree not to use any Channel in any way that breaches these Terms or any applicable local, national or international law or regulation.
10. You agree to indemnify, defend, and hold harmless Chipotle, its affiliates, its Providers, and its officers, directors, employees, legal advisors, and agents from and against any and all claims, damages, losses, costs (including reasonable legal fees), and expenses that arise directly or indirectly out of or in connection with:
a. your breach of these Terms; and/or
b. your use of any feature on a Channel that allows you to upload content to a Channel or to make contact with other users of a Channel.
COMMUNICATING WITH CHIPOTLE
11. On certain areas of a Channel, you may be given the ability to contact Chipotle by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about Chipotle’s products or to register for a particular sweepstakes or contest. The information that you provide to Chipotle through a Channel is governed by Chipotle’s Privacy Policy.
CHIPOTLE PROPERTY
12. The Channels contain many valuable trademarks owned and used by Chipotle throughout the world. These trademarks are used to distinguish Chipotle’s quality products and services. The text, graphics, and html code contained on a Channel are the exclusive property of Chipotle (“Chipotle Content”). Chipotle Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written content of Chipotle.
13. You may link to our home page, provided you do so in a way that is fair and legal and does not damage Chipotle's reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Chipotle's part where none exists. Chipotle reserves the right to withdraw linking permission without notice.
USER-SUBMITTED CONTENT
14. On certain areas of a Channel, you may be able to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Chipotle, have full responsibility for the Submitted Content, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through a Channel, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, in respect of Submitted Content you grant to Chipotle (and at no cost to Chipotle) a perpetual worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided via a Channel and across different media including to promote a Channel.
ONLINE PURCHASES
15. These Terms apply to your access to a Channel in order to purchase food products, merchandise, or other items from Chipotle. Please note that any purchase of Chipotle food products, Chipotle branded merchandise, or other items from a third party shall be governed by the terms and conditions of sale presented to you by the third party. Please also note, from time to time, Chipotle may have promotional offers, contests, sweepstakes, or similar. Additional terms may apply and, if applicable, will be provided in conjunction with the promotional offer, contest, sweepstake or similar.
SERVICE ACCESS
16. Chipotle hereby grants you permission to use a Channel as set forth in these Terms, provided that: (i) your use of a Channel as permitted is solely for your personal, non-commercial use; (ii) you will not copy or distribute any part of a Channel in any medium without Chipotle’s prior written authorisation; (iii) you will not alter or modify any part of a Channel other than as may be reasonably necessary to use the relevant Channel for its intended purpose; and (iv) you will otherwise comply with these Terms.
17. In order to access some features of a Channel, you will have to create an account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account (whether such activity is carried out by you or another party), and you must keep your account password secure. Although Chipotle will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of Chipotle or others due to such unauthorised use.
HYPERLINKS
18. A Channel may link to sites not maintained by or related to Chipotle. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with this Website, a Channel or Chipotle. Chipotle has not necessarily reviewed the sites hyperlinked to or from a Channel and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Chipotle makes no representations or warranties about the content, completeness, legality or accuracy of these links or the sites hyperlinked to or from a Channel. Furthermore, Chipotle does not implicitly endorse third-party sites hyperlinked to or from a Channel.
TEXT MESSAGING NOTICE
19. If you choose to participate in any Chipotle promotion that may involve the use of text messaging (either sending or receiving), Chipotle will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
VIOLATION OF THESE TERMS AND REMEDIES
20. You agree that Chipotle may, in its sole discretion and without prior notice, block and/or terminate your access to a Channel if Chipotle determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms may cause irreparable and unquantifiable harm to Chipotle. You also agree that monetary damages may be inadequate for such harm and hereby consent to Chipotle obtaining any injunctive or equitable relief that Chipotle deems necessary or appropriate. These remedies are in addition to any other remedies that Chipotle may have at law or in equity.
21. If Chipotle takes legal action against you as a result of your violation of these Terms, Chipotle will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to Chipotle. You agree that Chipotle will not be liable to you or to any third party for termination of your access to a Channel as a result of any violation of these Terms.
NO TEXT OR DATA MINING, OR WEB SCRAPING
22. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to a Channel or any services provided via, or in relation to, a Channel. This includes using (or permitting, authorising or attempting the use of):
a. any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of a Channel or any data, content, information or services accessed via the same; and
b. any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under applicable laws.
GOVERNING LAW AND JURISDICTION
23. If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
24. If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
MISCELLANEOUS
25. These Terms constitute the entire agreement between you and Chipotle and govern your use of a Channel and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Chipotle with respect to the Channels.
26. We may amend these Terms from time to time. Every time you wish to use a Channel, please check these terms to ensure you understand the terms that apply at that time.
27. Both you and Chipotle acknowledge and agree that no partnership is formed and neither you nor Chipotle has the power or the authority to obligate or bind the other.
28. The failure of Chipotle to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
29. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, we both agree that the court should endeavour to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
30. The failure of Chipotle to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of regulatory or governmental authorities, or for any other reason beyond the reasonable control of Chipotle shall not be deemed a breach of these Terms.
31. Chipotle may transfer its rights and obligations under these Terms to another organisation. We will always tell you if this happens and Chipotle will ensure that the transfer will not affect your rights under these Terms.
MOBILE TERMS & CONDITIONS
MOBILE ALERTS
1. You must be 16 years of age or older to participate in the Chipotle mobile text program.
2. The Chipotle mobile text program allows you to receive mobile offers and text updates. If you sign up to the Chipotle mobile text program, you agree to receive automated marketing text messages from or on behalf of Chipotle to the mobile number you provided us with when you signed up. You also agree that you did not have to sign up to the mobile text program in order to buy something from us – this is a separate service.
3. Message and data rates may apply. All charges are billed by and payable to your mobile service provider. Chipotle does not charge you for sending you text messages or receiving text messages to 81888.
4. If you would like to be removed from the Chipotle mobile text program, you can withdraw your consent at any time by texting STOP to 81888 to opt-out. This is the exclusive method for opting out. After texting STOP to 81888 you will receive one additional message confirming that your request has been processed. After that, you will not receive any more mobile offers or text updates, unless you sign up again for the mobile text program.
5. Chipotle reserves the right to remove anyone who has signed up for the mobile text at our discretion. For more information, reply “HELP” to 81888 or contact us here.
6. In the event that you change or deactivate your mobile number it is your responsibility to notify Chipotle here to have your number removed.
7. Chipotle will not be liable for any delays in the receipt of any SMS messages or undelivered messages.
8. Data obtained from you in connection with this SMS service may include your cell/mobile phone number, your mobile phone network/carrier's name, the date, time and content of your messages and other information you provide to us as part of this service. We will only use this information in accordance with our Privacy Policy. For example, we may use this information to contact you and to provide the services you request from us.
9. These terms and conditions are subject to change at any time without notice to you and updates will be posted on our website.