Terms and Conditions of use of MESA 24/7
1. REGISTRATION, PASSWORD AND RESPONSIBILITY
2. INTELLECTUAL PROPERTY
3. USE OF CONTENT
Prices and values shown in our Platform are only referential.
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.
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