PATRON TERMS OF SERVICE

1.    ABOUT PATRON
uFO Development Group, Inc. a Delaware corporation (hereafter referred to in these Terms of Services as “Patron“), through its platform (also known as Patron), provides a cloud-hosted system to the food and beverage industry for electronic menu publication, order communication and payment processing.

1.1    Patron facilitates transactions between you, a consumer of food and beverage products at a Venue (“User” or “You” or “Your“) and the operator of a Venue and supplier of those food and beverage products (“Vendor“), by providing software for You to operate on Your Devices which allows You to locate a Venue, browse Products, place Orders and enter into a Contract with the Vendor to purchase and be supplied with Products (“Application“).

1.2    These Patron Terms of Service (“Terms of Service“) state the terms that govern Your use of the Services, and Your licence to use the Application. Please read and consider this document carefully. The Terms of Service contain important information about Your rights and obligations.

1.3    By downloading, accessing and/or using any Application, You confirm that You accept and agree to be bound by these Terms of Service and acknowledge that they constitute a legally binding contract between Patron and You (and, if relevant, any organization on whose behalf You are acting).

1.4    If you do not accept these Terms of Service (or if relevant, You do not have the authority to bind Your organization), You must not use the Patron Service.

 

2.    ABOUT THESE TERMS AND CONDITIONS

2.1    In these Terms and Conditions the following terms and references shall have the following meaning:

Application” has the meaning as set forth above;

Contract” means the contract between the Vendor and the User for the sale and purchase of Products;

Device” means any mobile phone, tablet or other device capable of being used to download and run the Application;

Order” means an offer made by You to purchase Products from the Vendor via Patron;

Patron Website(s)” means www.patronmobile.com.

Payment Method” means the credit or debit card(s) or alternative forms of payment used through the Payment Provider for payments in respect of Orders;

Payment Provider“is defined in clause 7.3;

Products” means any food, beverage or other products or services listed for sale or supply by a Vendor at a Venue through the Application;

Restricted Products” is defined in clause 5.1;

Restricted Persons” is defined in clause 5.1;

Services” means all those services provided by Patron to Users through the Application including without limitation providing a medium for Users to place an Order for Products using the Application;

Special Order Requirements” means special food or beverage preparation requirements including health-related dietary requirements such as the exclusion of nuts or other potential allergens;

Vendors” has the meaning as set forth in Clause 1.1;

Venue” means an establishment operated by any Vendor that offers its Products for sale via Patron;

Verification Code” means a unique alphanumeric code generated by Patron and provided to the User via the Application to identify a valid transaction and the creation of a Contract between the User and the Vendor.

2.2    Every time You make an Order using the Application, You will be deemed to confirm Your acceptance of these Terms of Service.

2.3    Patron may at any time modify these Terms of Service. Patron will notify You of any changes to these Terms of Service either by emailing You (at the email address provided by You on registration), by posting a notice on the Website(s), a push notification on Your Device or any other appropriate form. Once these Terms of Service have been amended or changed, You may only continue to use the Application after agreeing to the Terms of Service, as amended from time to time.

2.4    These Terms of Service will apply to any upgrades of the Application provided by Patron that replace and/or supplement the previous version of the Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will apply.

 

3.   YOUR USE OF PATRON SERVICES AND APPLICATION

3.1   Access to the Application is permitted on a temporary basis and Patron reserves the right to withdraw or amend the Services without notice. Patron will not be liable if the Application is unavailable at any time or for any period.

3.2   The Application is licensed to You for use only in accordance with these Terms of Service. The Application may only be downloaded, accessed and used on a Device owned or controlled by You and running the relevant operating system for which the Application concerned was designed, so You must make sure You have a compatible device which meets all the necessary technical specifications to enable You to download any Application You wish to download and to access and use each downloaded Application. You are not permitted to download, access or use the Application on any Device which You do not own or control.

3.3   The Application is currently provided for download, access and use by You free of charge. Patron reserves its right to require Users to pay for any part of its Services and any such change will be implemented in accordance with clause 2.3.

3.4   You acknowledge that all information about Venues and Products, including prices for the Products set out in the menu of a Venue, loyalty or discount schemes which may be operated by a Vendor, or events or other features of a Venue, as displayed in the Application, are solely determined by the Vendor, and may be changed by the Vendor at any time without notice. The Vendor is responsible for uploading all information about its Venues and Products and making this information available to You through the Application. The information about Venues and Products made available to You via the Application may be different from the information available at, or actual circumstances of, a Venue. The prices that apply to Your Order are exclusively those which are displayed via the Application.  Patron has no responsibility to You for any error or inaccuracy in any information about Venues or Products displayed in the Application, or any change to such information of which you are not aware or given notice.

3.5    Patron may, from time to time, restrict download of an Application from the Website or access to certain features, functions or content of an Application downloaded from any third party application store, to Users who have registered with Patron. You are not obliged to register with Patron, but if You do not do so, You may be unable to download the relevant Application from the Website or unable to use the relevant features, functions or content of an Application downloaded from any third party application store (as the case may be), or Your access to the Services may otherwise be restricted or prevented. You must ensure that any registration details You provide are accurate.  Patron reserves the right to suspend or terminate the supply of Services to You if Patron determines that any registration details You have provided are inaccurate.

3.6    If You choose, or You are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using any Application, You must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under Your log-on ID and must notify Patron immediately of any unauthorized use of which You become aware. Patron reserve the right to disable any log-on ID, at any time, if in our opinion You have failed to comply with any of the provisions of these Terms of Service or if any details You provide for the purposes of registering as a User prove to be false.

3.7    Patron cannot and does not guarantee the continuous, uninterrupted or error-free operability of any Application or that any Application will perform at a certain speed (since this depends on a number of factors outside of Patron’s control).

3.8    Patron reserve the right to withdraw or suspend the operation of any Application, or cease to provide and/or update content to any Application, with or without notice to You, if Patron needs to do so, including, without limitation, for security, legal or business reasons.

 

4.   LIMITATIONS ON USE

4.1    You must be at least 18 years old to use the Services or the Application. If You are not 18 years old, You must not use the Services or the Application.

4.2    You may only use any Application for non-commercial, personal use and only in accordance with these terms, for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

4.3    Subject to the following sections, You may retrieve and display content from any Application on a Device and store the Application in electronic form which occurs incidentally in the normal course of use of Your Device. Additional terms may also apply to certain features, parts or content of any Application and, where they apply, will be displayed before You access the relevant features, parts or content.

4.4    In using the Application, You acknowledge, promise and undertake that You will not:

(a) rent, lease, lend, sell, redistribute, transmit or sub license any component of the Application or any form of access to it to any third person;

(b) copy, store, duplicate, modify, create derivative works from or distribute all or any part of the Application, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, other than for Your own non-commercial, personal use and as may occur incidentally in the normal course of use of Your Device;

(c) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Application, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties;

(d) access all or any part of the Application in order to build a product or service which competes with the Application;

(e) upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms 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 associated with the Services or the Application;

(f) store any Application on a service or other storage device connected to a network or create a database by systematically downloading and storing any data from any Application;

(g) remove or change any content of any Application or attempt to circumvent security or interfere with the proper working of any Application or any services on which it is hosted;

(h) use any Application in a way that might damage Patron’s or any Vendor’s name or reputation or that of any of Patron’s affiliates;

(i) impersonate any other person while using the Services or the Application;

(j) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Application;

(k) do anything that is not expressly permitted by these Terms of Service; or

(l) attempt to obtain, or assist third parties in obtaining, access to the Application, other than as provided under this clause 4.

4.5    Any attempt to do any of the above is a violation of these Terms of Service. If You breach any of these Terms of Service all rights granted to You under these Terms of Service will terminate immediately. Patron may terminate or suspend Your access to the Application and You may be subject to prosecution and damages.

4.6    You will use reasonable endeavours to prevent any unauthorised access to, or use of, the Application and notify Patron via info@patronmobile.com promptly of any such unauthorised access or use. Such measures include, but are not limited to, setting access protection to Your Device. Patron does not accept any liability for misuse of the Application.

4.7    To do anything with any Application that is not expressly permitted by these Terms of Service, You will need a separate licence from Patron.

4.8    Certain third party service providers with whose devices and/or operating systems our Application have been designed to be compatible oblige Us to include certain additional provisions in these terms. These are set out at the end of these Terms of Service under Additional Third Party Terms. These provisions come from the relevant third party service providers, not Us.

4.9    Third party application stores are operated by the relevant third party service providers and/or its affiliates. Patron is not responsible for these stores or (with the exception of our Application) for anything provided by them and do not guarantee that they will be continuously available.

 

5.   RESTRICTED PRODUCTS

5.1    Certain Products which a Vendor may make available for Order, including without limitation products containing alcohol, may be subject to legal supply restrictions (“Restricted Products“).  For example,it may be illegal in the jurisdiction in which a Venue is located to supply products containing alcohol to any person under a specified age (“Restricted Person“).

5.2    You acknowledge that:

(a) You are responsible for making yourself aware of Restricted Products and the nature of applicable restrictions (such as the age at which a person ceases to be a Restricted Person) prior to placing any Order;

(b) You must not place an Order for any Restricted Products if You are a Restricted Person;

(c) You are solely responsible for ensuring that where You or any person to whom you on-supply Restricted Products are permitted by law to consume such Restricted Products, such consumption is responsible, respectful of social standards at the relevant Venue, and otherwise compliant with all applicable law and regulation;

(d) You must not place an Order for any Restricted Products if You will on-supply or otherwise make those Restricted Products available to a Restricted Person;and

(e) neither Patron nor a relevant Vendor are able to assess whether Restricted Products are, or are likely to be, supplied to Restricted Persons at the time you place an Order.

(a)

5.3    While a relevant Vendor has no responsibility to verify your compliance with your obligations under clause 5.2, you acknowledge that:

(a) notwithstanding any other clause of these Terms of Use, a relevant Vendor may refuse to deliver Restricted Products to You if the relevant Vendor has determined that you have not met, or unlikely to meet, your obligations under clause 5.2; and

(b) neither Patron nor the relevant Vendor will have any liability to You (including any obligation to refund any amount paid by You for Restricted Products) if the relevant Vendor does not supply Restricted Products to You or any other person because the relevant Vendor has determined that You have not met, or unlikely to meet, Your obligations under clause 5.2, or You have failed to demonstrate to the relevant Vendor’s reasonable satisfaction that supply to you of Restricted Products will not infringe any law (for example, by supply of appropriate proof of Your age).

5.4    You indemnify and hold harmless Patron and each relevant Vendor against any loss, liability, claim or expense either of them may incur as a result of any failure:

(a) by You to meet your obligations under clause 5.2; or

(b) by You or any person to whom you on-supply Products to use any Products, including Restricted Products, in an improper or prohibited manner, or in a manner contrary to any recommendations, instructions or directions given to You by the Vendor.

 

6.   ORDER PLACEMENT

6.1    Where an Order is concluded through Patron, Patron will also issue You with a confirmatory receipt (by email, text message, through the Application or by such other means as Patron may determine from time to time) on behalf of the relevant Vendor. It is important that You understand that any resulting concluded contract for an Order is between You and the Vendor and not with Patron. Patron will not be responsible to You for the Order and will not be liable to You in respect of such contracts. Patron does not act as Your agent for any purpose.

6.2    Placing an Order through Patron constitutes an offer by You to the Vendor to enter into a binding contract for the sale and supply to You of Products set out in the Order. Your relationship to Patron will remain unaffected and shall be exclusively governed by these Terms of Service.

6.3    Patron or the Vendor or the staff appointed and authorized by the Vendor to provide Services within the respective Venue are free to accept or reject Your Order in their sole and absolute discretion.  If an Order is rejected, Patron will notify You via an in-Application message to Your Device and You will not be charged for the Order. A similar notification might also be sent to Your email address.

6.4    At the time of placing any Order, You represent and warrant to Patron as well as to the Vendor that You:

(a) are at least 18 years of age;

(b) are legally capable of entering into a binding contract;

(c) are not violating any applicable laws of the place in which the Venue is located by placing the Order;

(d) are not intoxicated or drunk or under the influence of drugs;

(e) comply in all respects with your obligations in respect of Restricted Products specified in clause 5.2; and

(f) if You have Ordered any Restricted Products, You have photographic identification to provide to the Vendor or its staff to evidence Your age, or otherwise demonstrate your entitlement to receive Restricted Products.

6.5    At the time of placing an Order, you must clearly state any Special Order Requirements, in your Order, and you agree to indemnify and hold harmless both Patron and the Vendor against any and all liability arising from any injury, illness, loss, costs or damages suffered by any person to the extent caused by your error or omission in detailing any Special Order Requirements, including without limitation any failure by You to notify, or error by You in notifying, a Vendor of Special Order Requirements affecting You or any other person.

6.6    If the Order is accepted:

(a)  the User will be notified via an in-Application message issued by Patron on behalf of the Vendor to the User’s Device that their Order has been accepted by the Vendor and that the Products requested in the Order are being prepared (“Order Confirmation”). At this point, the Contract is formed between the Venue and the User and the User is unable to cancel or withdraw the Order without the Vendor’s express permission;

(b) the User’s Payment Method will be authorized (but not yet debited) in the amount of the Order and the User will be issued with an order number which must be used to identify the Order on pick-up or delivery from the Vendor;

(c) as and when that functionality is enabled by Patron, the Vendor may notify the User when the Order is ready for collection or delivery via an in-Application alert to Your Device (“Collection Alert”);

(d) upon receipt of the Order Number the User will collect the Order from the dedicated collection area at the Venue only by showing the Verification Code applicable to the Order or the Order will be delivered by the Vendor’s staff to the table number which the User has provided in his Order;

(e) once the Order is ready for delivery or customer pick up, the User’s Payment Method will be debited in the amount of the Order plus any other amounts payable to the Vendor as far as applicable (such as tips or applicable service charges). The User’s payment will either be credited directly to a payment account held by the Vendor or to a payment account held by Patron. In the latter case successful payment of the User’s funds into a payment account held by Patron will discharge the User’s debt to the Vendor; and

(f) the User will receive from Patron on behalf of the Vendor a receipt for the Order via email, sent to the email addressed supplied by the User at registration. This will set out the Products You have ordered from the Vendor, the price of Products (including the total amount payable) together with the identity of the Vendor.

6.7    You acknowledge and agree that the Order number provided to You when an Order is confirmed is a unique code relevant to Your Order without which the Vendor will not release the Order. You must keep the order number confidential and must not disclose it to any third party. If You do disclose it to any other person and they collect Your Order, neither Patron nor the Vendor will be responsible and You will not be entitled to a refund of Your Order or to have Your Order replaced.

6.8   If a User has broken any law the Vendor retains the right to remove the User from the premises.

6.9    A Vendor may refuse to fulfill an Order or to terminate the binding Contract or to refuse to allow a User to collect the Order in the event that:

(a) the Vendor considers in its sole and absolute discretion that any of the warranties in clause 6.4 are untrue;

(b) fulfilling the Order or allowing the User to collect the Order would amount to a breach of any applicable laws or regulations in force from time to time;

(c) the User is unable to demonstrate to the Vendor that he/she made the Order by providing the Verification Code; or

(d) the User fails to collect the Order within 15 minutes of receiving the Collection Alert (if such functionality is enabled) or is not present, within a reasonable period of time, at the table or dedicated collection area with the number communicated in the Order when the Order is being delivered or made available for collection.

6.10    In the event that the Vendor refuses to fulfill the Order or terminates the Contract or refuses to allow the User to collect the Order pursuant to clause 6.7 above, You accept and agree that You will nevertheless be charged for the Order and no refund shall be available and You agree that neither Patron nor the Vendor shall have any liability to You.

6.11    Without limiting anything else in this clause 6:

(a) neither Patron nor the Vendor will be responsible in the event that the User:

(i) is unable to collect an Order whether by reason of not being permitted entry to the Venue (such as, but not limited to, dress code or door policy);

(ii) having to queue to enter the Venue or otherwise; or

(iii) is unable to receive the Order at their table after having been dismissed from the Venue by the Vendor in accordance with their rights as the Venue operator; and

(b) making an Order shall not entitle the User to enter a Venue or any preferential admission to a Venue.

6.12    It is Your sole responsibility to ensure that the Order is made with the intended Vendor and Venue. No refunds will be available where You make an Order with an incorrect Vendor and/or Venue, by mistake or otherwise and neither Patron nor the Vendor shall have any liability to You in this respect.

 

7.   TRANSACTIONS CONCLUDED VIA PATRON

7.1    Patron’s role is limited to providing the Application which facilitates the User contracting with the Vendor. Patron does not act as agent for any Vendor or any other person or entity referred to in these Terms of Service.

7.2    If and when a Vendor accepts your Order, the Contract will be formed directly between You and the Vendor. Patron will not be a party to the Contract.

7.3    Patron uses a third party supplier of credit and debit card transaction processing services to collect payments from Users on behalf of the Vendors (“Payment Provider“). By making any Order through the Application, the User consents to Patron’s use of the Payment Providers’ services to collect payments.  Patron reserves the right to change the Payment Provider at any time, at its sole discretion.

 

8.   CHANGES, CANCELLATIONS AND REFUNDS

8.1    You may change or cancel an Order at any time and for any reason until You are notified that the Order has been accepted via the Order Confirmation and the Contract is formed between the Vendor, pursuant to clause 6.6(a).

8.2    You accept and agree that once the Contract is formed, You will not be able to change or cancel the Order and You will not be entitled to a refund for the Order or any part of the Order, including in the event that the Vendor of the respective Venue exercises its right to refuse to fulfil the Order, pursuant to clause 6.7, unless an explicit refund right arises under these Terms of Service.

8.3    You agree to indemnify and hold Patron harmless in respect of losses which Patron may incur as a result of any claim for a refund made by You or any third party in respect of any Order that is the subject of a Contract, except and to the extent such losses arise due to a grossly negligent or deliberate act or omission of Patron. This does not prevent You from discussing the issue of any refund with the Vendor directly and You acknowledge and agree this is outside of the Service provided by Patron.

 

9.   PATRON’SRIGHTS

9.1    In providing You with access to the Application, Patron reserves the following rights, and in accessing, browsing or otherwise using the Application You grant to Patron and agree that Patron shall have the following rights:

(a) the right to refuse or withdraw Your access to the Application in accordance with applicable laws for any reason at any time (with or without notice) if in Patron’s sole and absolute discretion You violate or breach any of these Terms of Service;

(b) the right to suspend, amend or disable Your account without giving You any notice or reason;

(c) the right without notice to remove content, materials or user accounts for any reason whatsoever in our sole and absolute discretion, including without limitation content and materials which are unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, and user accounts used to propagate any such content or materials;

(d) the right to access any or all of Your accounts in order to respond to Your requests for technical support so long as Patron maintains appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of Your data;

(e) the right to terminate without notice user accounts and delete any associated data if that account has been inactive or disabled for ninety (90) days or more; and

(f) the right to report You to the police or other judicial body if Patron believes in its sole and absolute discretion that Your conduct (whether in using the Application, our Services or otherwise) is unlawful or threatens the welfare of any user of the Application or the Services or any member of Patron’s staff.

 

10.   PRIVACY, ELECTRONIC COMMUNICATIONS AND INFORMATION ABOUT YOU AND YOUR USAGE OF PATRON

10.1    Use of Your personal information submitted to Patron (whether via any Application or the Website) is governed by our Privacy Policy.

10.2    By downloading and/or using the Application, You consent to receiving electronic communications and notices from Patron. You agree that any notice, agreement, disclosure or other communications that Patron sends to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

10.3    Patron may send You “push notifications” if Your device supports such communications. By downloading the App and clicking to allow push notifications, You “opt-in” to receive these push notifications via the App, including notifications that contain commercial messages from Patron and our third party partners. Should You wish to stop receiving push notifications via the App, You may turn off these notifications through the applicable settings on Your device.

10.4    You agree that Patron is free to use any comments, information or ideas contained in any communication You may send to Patron without compensation, acknowledgement or payment to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or the Application or other products or services. For the avoidance of doubt, all such information will be deemed by Patron to be non-confidential and non-proprietary, and You agree that such information may be used by Patron without any limitation whatsoever.

10.5    Patron may collect information about Your use of the Application and Services, including information about the nature of any Orders You may make by means of the Services(“Patron Data“) to:

(a) simplify or expedite future Orders You may make;

(b) suggest Products to You from time to time;

(c) suggest Venues to You from time to time;

(d) provide information to Venues about the consumption of Products;

(e) to offer products and services, including third party products and services, to You from time to time;

(f) to law enforcement and other government agencies where we are required to do so; and

(g) for any other purpose permitted by law in the jurisdiction in which such data was collected.

10.6    For the avoidance of doubt, to the extent permitted by applicable law, You acknowledge that all rights in respect of Patron Data are owned solely by Patron, and Patron may use, reproduce, sell or otherwise exploit for Patron’s commercial advantage all Patron Data without any further notice to You, and You have no right or claim to any form of payment or other compensation against Patron arising from Patron’s use of Patron Data for any reason.

 

11.    INTELLECTUAL PROPERTY, FUNCTIONALITY AND DOWNLOADING

11.1    All intellectual property rights in the Application and in any content of any Application (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by Patron or our licensors. Except as expressly set out here, nothing in these terms gives a User any rights in respect of any intellectual property owned by Patron or our licensors and You acknowledge that You do not acquire any ownership rights by downloading any Application or any content from any Application.

11.2    You agree that downloading, accessing and use of any Application that is made available for download free of charge are on an ‘as is’ and ‘as available’ basis and at the User’s risk (except where the law in a relevant jurisdiction prohibits these conditions).

11.3    Patron reserves the right to change the design, features and/or functionality of any Application by making the updated Application available for download. You are not obliged to download any updated Application, but we may cease to provide and/or update content to prior versions of Application, and You may be unable to use part or all of the Services unless or until You update the Application.

11.4    Where an Application makes content available including details of Products available from Vendors, You acknowledge that such content may be updated at any time prior to a Contract being formed.

11.5    You acknowledge that the information available in the Application about Venues and Products is provided by Vendors, and Patron has no responsibility for any errors, omissions of inaccuracy of any information contained in such information.  You acknowledge that content available from within the Application may be derived from a number of sources including directly from the Vendors, for which Patron is not responsible. In all cases, information made available by through the Application is not intended to amount to authority or advice on which reliance should be placed.

11.6    Except as expressly set out in these Terms of Service, we do not make or give any representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content available from within the Application and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of You or anyone else relying on the content of the Application.

11.7    Patron cannot and does not guarantee that any Application or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is Your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy Your particular requirements as to the safety and reliability of any Application and its content.

 

12.    LIABILITY LIMIT

12.1    Nothing in these terms shall limit or exclude our liability to You:

(a) for death or personal injury caused by our gross negligence;

(b) for fraudulent misrepresentation; or

(c) for any other liability that may not, under law, be limited or excluded.

12.2    Subject to this, if You are a consumer and not a business user, in no event shall Patron be liable to You for any business losses, and if You are a business user, in no event shall we be liable to You for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.

12.3    Except for liability referred to in clause 12.1 and clause 12.2, Patron’s maximum aggregate liability to You in contract, including for one or more breaches of any express term or terms of these Terms of Service, tort (including negligence), statute or otherwise, is limited to any amount equal to the sum of USD 50.

12.4    Patron will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including by weather events, civil or industrial unrest, failure of any telecommunications or computer system or accident or misadventure (or by any damage caused by any of such events).

12.5    You acknowledge that the Vendor is solely responsible for, and Patron will have no responsibility whatsoever to You or any other person for, the quality and standard of Products, including for ensuring that Products are fit for human consumption and that all health and safety obligations of the Vendor are met, or for the quality and standard of the dining experience provided by any Vendor or for ensuring that any Special Order Requirements have been fully met by the Vendor.

12.6    Without limiting the generality of clause 12.5 you agree that:

(a) Products are supplied solely by Vendors, and Patron can have no liability for any claim or cause of action arising from any loss or damage suffered, including any illness or physical harm caused to any person, arising from the consumption of Products by any person; and

(b) you indemnify and hold harmless Patron and its related companies, and each of their respective shareholders, directors, officers, employees and agents from and against any claim or cause of action by You or any other person arising from any loss or damage suffered, including any illness or physical harm caused to any person, arising from the consumption of Products by any person.

 

13.    THIRD PARTY LINKS AND SOCIAL NETWORKING

13.1    From time to time the Application may provide You with access to services, promotions and Application offered by third parties via links to external sites. Patron includes these to provide You with access to information, products or services that You may find useful or interesting. In using or accessing such third party services, promotions and Application, You agree to be bound by the terms of service of such third parties governing their services, promotions and Application and hereby acknowledge that Patron shall not be responsible for the provision of services, accuracy of promotions or content of Application belonging or operated by third parties and do not guarantee that they will be continuously available. Patron is not responsible for the content of these sites or for anything provided by the third parties, and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

13.2    You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services“). By logging in or directly integrating these Social Networking Services into the Service, we endeavor to make Your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask You to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide Us with access to certain information that You have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Patron’s use, storage and disclosure of information related to You and Your use of such services within Patron (including Your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose Your information is governed solely by the policies of such third parties, and Patron shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

13.3    In addition, Patron is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Patron is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Patron enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

 

14.    INDEMNITY

14.1    You agree to indemnify and hold Patron and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable legal fees and court costs, arising, directly or indirectly, out of Your use of the Services and/or the Application or Your violation of any law or the rights of any third party, except and to the extent such claim or cause of action was caused by a grossly negligent or deliberate act or omission of Patron.

 

15.    TERMINATION

15.1    Patron may change or discontinue the Services and/or the Application at any time without prior notice. Patron reserves the right to terminate these Terms of Service for any reason, without notice. In the event of any termination, You will immediately cease use of the Services and the Application.

 

16.    GENERAL

16.1    These Terms of Service are agreed between You and Patron. If any law applicable in a relevant jurisdiction provides for third party rights under a contract, then to the extent such rights can be excluded, save as set out in clauses 14, 18.1(b)(iv) and 18.2, no third person shall have any rights under or connection with these Terms of Service.

16.2    If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

16.3    Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.

16.4    You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms of Service without our prior express written consent. Patron may assign, novate or otherwise delegate all or any of our rights or obligations under these Terms of Service to any other person or entity, and this clause records your agreement to the replacement of Patron as a party to this agreement with any other person or entity without further notice to you.

16.5    These Terms of Service and any document expressly referred to in them represent the entire agreement between You and Patron in relation to their subject matter. Any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.

16.6    The laws of the State of New York, excluding its conflicts of law rules, govern these Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims). The exclusive jurisdiction and venue of any action arising out of or related to these Terms of Use will be either the state or federal courts in New York County, New York, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Your use of the Application and Services may also be subject to other local, state, national, or international laws applicable in the jurisdiction in which they are used.

16.7    The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operate to the fullest extent permissible by law.

16.8    Nothing in these Terms of Service shall be construed to create a joint venture, partnership or agency relationship between You and Patron.  Except in the manner and to the extent explicitly described in these Terms of Service, neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

 

17.    CONTACT US

17.1    Please submit any questions You have about these terms or any problems concerning any Application by email to info@patronmobile.com.

 

18.    ADDITIONAL TERMS FROM THIRD PARTY SERVICE PROVIDERS

– APPLE

18.1    If any Application that You download, access and/or use runs on Apple’s iOS operating system:

(a) that Application may only be accessed and used on a device owned or controlled by You and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;

(b) You acknowledge and agree that:

(i) Apple has no obligation at all to provide any support or maintenance services in relation to that Application. If You have any maintenance or support questions in relation to that Application, please contact Patron, not Apple, using the Contacting Us details in these terms;

(ii) except as otherwise expressly set out in these terms, any claims relating to the possession or use of that Application are between You and  Patron (and not between You, or anyone else, and Apple);

(iii) in the event of any claim by a third party that Your possession or use (in accordance with these terms) of that Application infringes any intellectual property rights, Apple will not be responsible or liable to You in relation to that claim;

(iv) although these terms are entered into between You and Patron(and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against You;

(v) You represent and warrant that: You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country;

(vi) You are not listed on any United States Government list of prohibited or restricted parties; and

(vii) if that Application does not conform to any warranty applying to it, You may notify Apple, which will then refund the purchase price of that Application (if any) to You. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that Application and will not be liable to You for any claims, losses, costs or expenses of whatever nature in relation to that Application or as a result of You or anyone else using that Application or relying on any of its content.

– WINDOWS

18.2    If any Application that You download, access and/or use runs on a mobile phone using Microsoft’s Windows Mobile or Windows Phone operating systems, You acknowledge and agree that:

(a) Microsoft and Your phone handset manufacturer have no obligation to provide any support services in relation to that Application; Microsoft, its wireless carriers over whose network that Application is provided and each of its and their respective affiliates and suppliers (collectively, Covered Parties) give no express warranties, guarantees or conditions under or in relation to that Application and, to the extent permitted under Your local laws, they exclude any implied warranties or conditions, including those of merchant ability, fitness for a particular purpose and non-infringement; and You will not seek to recover any damages, including consequential, lost profits, special, indirect or incidental damages from any Covered Party. This limitation applies to: anything related to that Application, services made available through that Application, or content (including code) on third party internet sites; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

(b) It also applies even if: repair, replacement or a refund for the Application does not fully compensate You for any losses; or any Covered Party knew or should have known about the possibility of the damages.