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Terms and Conditions of use of MESA 24/7

By using our Platform for on-line reservations, orders and purchasing experiences at Restaurans affiliated to MESA 247 S.A. (hereinafter, the “Platform”), comprised by a website (www.mesa247.pe, www.mesa247.cl and www.mesa247.la), mobile Apps for iPhone and Android, Widget (reservation button/engine installed by MESA 24/7 in the restaurant’s website and/or social networks, and/or partner companies’ websites or Apps), MESA 24/7 network (integrations MESA 24/7 made with third parties to list restaurants and/or receive on-line reservations through their websites and mobile Apps), point program, applications and services (including but not limited to e-mails and any material provided with the services) (hereinafter, the “Services”) that are operated or controlled by MESA 247 S.A, You are entering into an agreement with us pursuant to the terms and conditions described in the document herein (hereinafter, the “Terms of Use”). Our Privacy and Personal Data Protection policy and Reservation policy are integral parts of these Terms of Use. For the purposes of these Terms of Use and other Policies, any reference to “we”, “us”, “our”, refers to MESA 247 S.A.

1. REGISTRATION, PASSWORD AND RESPONSIBILITY

You may navigate the Platform without having an account. To use certain Services, such as reservations, orders and payment of experiences at restaurants affiliated to the Platform (hereinafter, the “Restaurants”), you shall enter the personal data requested in our Platform or registering with an existing Facebook and/or Google account aiming at opening an account. Your user account shall not include the name of another person in order to impersonate that person, or to be offensive, vulgar or obscene, or contrary to morals and good customs. Your user name and password are personal, and thus you are solely responsible for maintaining the confidentiality of your log-in information and for the use and access to the Services with your user name and/or password. You will always have available the possibility to recover your password using your e-mail; provided that you immediately inform us upon discovery of the loss, theft or unauthorized use of any password, user ID or e-mail address. You shall not transfer or sell access to your account. We shall not be held responsible for any damage related to the disclosure of your user name or password, or the way your user name or password is used by any other person. You may not use another user’s account without his/her authorization. In the event that we believe that your account is no longer safe or if we receive a complaint related to your user name for violating the rights of another person, we may ask you to change your user name and/or password. We may reject your registration request, cancel your account or deny access to the Services, on grounds that include but are not limited to the breach of Terms of Use and our policies, or acting against such policies, incurring in potential legal infringements and/or the inappropriate use of our Platform.

2. INTELLECTUAL PROPERTY

All intellectual property rights referred to our Services’ content and design are ours or belong to third parties (and when they belong to third parties, we have the necessary licenses to use them with the Services). You shall not use or reproduce, or allow anybody to use or reproduce any trademark, name or logo appearing in the Services without our prior written authorization. The software use by the Platform and all digital application are third-parties’ software and you may not use it, except as provided under these Terms of Use. You shall not copy, reverse engineer, modify or carry out any transaction with our Services’ software.

3. USE OF CONTENT

The Services offered in this Platform are available only for those who are able to conclude legally binding contracts pursuant to applicable laws. When accessing the Platform, you declare to be over 16 years of age, and that you are entitled to assume binding obligations with respect to any type of responsibility arising from the use of this Platform and the Services. This Platform’s content has been prepared to provide information on the Restaurants and the Restaurant reservation services (hereinafter, the “Reservations”) and, payments for consumption at the Restaurants through our “Experiences” and/or “To Go” features. You may use the information contained in this Platform only for purposes related to the Services. Information contained in this Platform is information provided by the Restaurants. In the event you find mistakes or defects in the information provided, such as Reservation availability, please contact us. You may express your opinions, comments, reviews, e-mails, suggestions, questions, provided that the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, and that it does not violates the Terms of Use and other policies that are integral parts of the Terms of Use. It is explicitly forbidden to use this Platform with commercial purposes. You may not log in our Platform using a robot or any other automatic device, except with our prior written authorization. Moreover, you shall not use any device or software interfering or aiming to interfere with the operation of our Platform. You shall not use this Platform for purposes that include but are not limited: sending spam mail or main with threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or insulting content; publishing fake, incorrect, deceitful; encourage, incite or direct other users to infringe this Terms of Use, our any laws; conducting any unlawful act or offense; obtaining unfair, unlawful or bad-faith advantages; interfering with other users’ ability to access or use the Platform. Furthermore, you agree: not to copy, reproduce, modify, create derivations, distribute or publicly show the Platform’s content; not to use unlawful, abusive, threatening, obscene, vulgar, racist or any other language deemed to be inappropriate or contrary to morals and good customs; not to announce or provide links to other websites containing unlawful material or other content that may harm or deteriorate another user’s personal network or computer.

All Services provided in this Platform are subject to the Terms of Use and other policies deemed to be incorporated and link to them, thus we suggest that you read and thoroughly review the details included therein.

Prices and values shown in our Platform are only referential.

4. PAYMENTS

In the event that you want to use the “Experiences” and/or “To Go” features in our App to order something at a Restaurant, and/or if you make a reservation requiring a “Guarantee” or “Pre-payment”, you should previously register your credit card information, which may be Visa, Mastercard, American Express or Diners Club. Regarding the “TO GO” feature, the amounts approved shall be retained for no more than 04 working days to be processed. If the order is not delivered in the established time, the retained amount shall be release and the order shall be automatically cancelled at no charge. Regarding the Reservation “Guaranties”, collection shall take place only if you fail to comply with the cancellation policy or in the event of “no-shows” at the Restaurant, who shall be the only responsible for validating such information. Culqi, Payu, or any other payment gateway with which we have a contract relationship shall be in charge of validate the credit card information provided and processing the payments made through the “Experiences”, “To Go” and/or “Guarantees” and “Pre-payment” features for reservations. Once the payment is made, you shall receive a push notification (To Go) and an e-mail (Experiences) with a summary of your order. The restaurant shall be responsible for issuing a receipt of payment for your purchase. Last but not least, you may visualize the history of your purchase history in the “My Orders” section for “To Go” and “My Experiences” for “Experiences”. Regarding Guarantees and Prepayments, you shall be informed on the restaurant cancellation policies during the reservation process and by e-mail, and you shall comply with such policies to prevent collection of reservation “Guarantee” and/or “Prepayment”.

If you find mistakes in your purchase voucher provided by our “Experiences” and/or “To Go” feature, or in case of items that you do not acknowledge having purchased, you shall directly communicate with us using the contact information in our website or Apps, or with the credit card issuing bank, as it may correspond, and follow their procedures to solve this type of events. If you find mistakes in the details of your Reservation “Guarantee” or “Prepayment” collection, or in the event of reservations you do not acknowledge having made, you shall directly communicate with the restaurant or the credit card issuing bank, as it may correspond, and follow the their procedures to solve this type of events. We shall not be held responsible for any fraudulent purchase made with your credit card. If it is determined that there was a fraudulent operation, we shall only be responsible for returning our fee (as it may correspond) for having processed the payment through the “Experiences”, “To Go”, “Guarantee” and/or “Prepayment” features through a refund to the corresponding credit card under such credit card’s terms and conditions.

Furthermore, using the “Experiences” and/or “To Go” features, the Platform will send you a notice if the payment was not properly processed. If that is the case, you should pay directly at the Restaurant.

In the ”To Go” feature, the user can cancel his/her order as long as the Restaurant has not already accept such order. Once the Restaurant has accepted your order, this may not be cancelled and a money refund may not be requested. If a product or order is cancelled for any reasons, even those resulting from an act of God or force majeure, no return or refund claims may be filed against MESA 247 S.A. If this is the case, the Restaurant shall make the corresponding refund within no more than 30 days after the date of purchase.

In the “Experiences” feature, the user may cancel the purchase as follow: cancellation within the next 24 hours after the purchase receive a refund of 100% of the total purchase price; cancellations no later than 24 hours before the experience receive a refund of 70% of the total purchase; cancellations less than 24 hours in advance shall not receive any refund.

The “Experiences” and/or “To Go” services of our platform only inform users of their order of purchase of Restaurant’s products or experiences. The Platform shall transfer to the Restaurant the payments made in our Platform through the available payment gateways. The Restaurant shall be responsible for issuing and delivering your invoice for the products you are going to pay. You understand and agree that the Service is provided as such and that MESA 247 S.A. shall not be held responsible for any delay, mistaken delivery or errors committed by the Restaurant. Your purchase shall be deemed as valid only once your payment has been registered and approved by the payment gateway.

If you make more than one payment for the same order, the Restaurant shall decide if it considers it valid. No changes, refunds or returns shall be allowed, except under the Restaurant’s conditions.

Before completing your purchase, you shall carefully review your order and desired conditions, since once it is completed no changes, refunds and/or returns shall be allowed, except for those admitted by the Restaurant.

You shall request a receipt of payment for your order only and exclusively to the Restaurant. MESA 247 S.A. works as a money collecting agent for the orders made to the Restaurant, but shall not be held responsible for delivering receipt of payments since it does not make direct sales to users.

5. PRIVACY AND PERSONAL DATA PROTECTION POLICY

We are committed to protect your privacy. Please, review our Privacy and Personal Data Protection Policy, pfor more information.

6. THIRD PARTIES’ WEBSITES

In our Platform we provide references to other websites, but we shall not be held responsible for their content. All links provided to the websites have the solely purpose of providing more references on the Restaurants. Policies and procedures described herein shall not apply to third party’s services. We suggest you contact those sites directly to obtain information on their terms and conditions, privacy policies, among others.

7. CHANGES IN SERVICES

We reserve the right to make discretional changes to the Services at any moment, including but without limited to the suspension, modification, addition or removal of Services, and restricting their use and access to them. You shall be informed of any changes in our Platform and/or Services through server maintenance, application update, announcement or e-mail. If you do not agree with any of the changes, you may immediately stop using the Services and the account. If you continue using the account and the Services. If you continue using the account after changes to the Services have been made, such use shall be deemed as total acceptance of the changes made. These Terms were updated in the date mentioned at the end of the document hereof.

8. ASSIGNMENT OF CONTRACT STATUS

You recognize and accept that we may assign our contract position or any of our rights or obligations, or sell our assets to any third party without the need to inform you and obtain your prior and explicit consent.

9. LIMITATION OF LIABILITY AND INDEMNIFICATION

The Services we provide through our Platform are offered without any guarantee. We do not guarantee that the Services are free of, or are not affected by, any virus or other contaminant or destructive elements.

Except in the event of willful misconduct or gross negligence, we (as well as our employees, suppliers and/or licensees) shall not be held responsible for any loss of profit and non-material damages that may arise directly or indirectly from using (or not using) the Services, even if we had been warned of the likelihood of occurrence of such damages.

Upon our request, you accept to defend, indemnify and hold us harmless (including our employees, suppliers and licensees) of any claim and expenses, including reasonable attorney fees, related to any breach you make to these Terms of Use or for using any of the Services in our Platform.

Furthermore, regarding the supression or modification of any information provided for Reservations, Orders and Purchase of Experiences made available to you through the Platform and of any cancellation or modification made by the Restaurants to your Reservations, as well as to the payments made through our “Experiences” and/or “To Go” feature, you recognize and agree to hold us harmless (including our employees) of any claims and expenses, including reasonable attorney fees, related to any lawsuit, report and in general any legal, administrative and/or judicial action, provided that they are related with the Reservations, Orders and purchase of Experiences made through the Platform or for the violation to intellectual property rights related to any content or advertisement material provided by the Restaurants.

10. FORCE MAJEURE

We shall not be held responsible or be deemed to be in default for any delay or performance failure or Service interruption that may result directly or indirectly from any cause or circumstance beyond our reasonable control, including but without limited to equipment failure or failure in electronic or mechanic communication lines, phone or other interconnection problems, computer virus, non-authorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

11. COMPLAINTS AND GRIEVANCES

Pursuant to the Code for Consumer Protection and Defense, Law No. 29571, our Platform has an online book of complaints where you can file a complaint or grievance related to the Services we provide in the Platform. You may find the book in the following link: www.mesa247.pe.

12. GOVERNING LAW AND JURISDICTION

Any dispute arising in relation to the validity, application or interpretation of these Terms of Use, including the Privacy and Personal Data Protection policy, shall be decided by the Courts of Lima.

Date of last update: April 17, 2019.
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