Terms of Use
License Agreement and Terms of Use
THIS AGREEMENT WAS LAST MODIFIED ON: March 8, 2023
This License Agreement and Terms of Use (“Agreement”) is a binding agreement between you (“Licensee” or “you”) and Sergio’s Franchise Group Inc., Sergio’s Restaurants Inc. or Sergio’s Plus LLC, as applicable (“Sergio’s” or “our”). This Agreement governs your use of our mobile and other computer applications and platforms, whether accessed via our website, the internet, the blockchain, or otherwise (together with all related documentation, the “Applications”). The Applications are licensed, not sold, to you.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE, AND DO NOT USE THE APPLICATIONS.
BY CLICKING THE “AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR USING AN APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
WHEN PURCHASING A SUBSCRIPTION OR OTHER OFFERING, SUCH AS A DIGITAL BRAND CARD, IN CONNECTION WITH AN APPLICATION, YOU MAY BE PRESENTED WITH DIFFERENT PLANS OR OPTIONS (EACH A “SERVICE TIER”). DIFFERENT SERVICE TIERS OR OTHER OFFERINGS, MAY BE SUBJECT TO DIFFERENCES IN PRICING, ELIGIBILITY, RESTRICTIONS, FEATURES, AND DEVICE AVAILABILITY.
1.LICENSE
Subject to the terms of this Agreement, Sergio’s grants you a limited, non-exclusive and nontransferable license to:
(a) download, install and use the Applications for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation; and
(b) access and use the Applications on such Device strictly in accordance with the terms of this Agreement and any other terms and conditions specific to the Applications.
2. RESTRICTIONS
You shall not: (a) copy the Applications, except as expressly permitted by this license; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Applications; (c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Applications or any part thereof; (d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Applications, including any copy thereof; (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Applications; (f) use any robot, spider or other automatic device, process or means to access the Applications for any purpose, including monitoring or copying any of the material accessible through the Applications; (g) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (h) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Applications, the server on which the Applications is stored, or any server, computer or database connected to the Applications; or (i) otherwise attempt to interfere with the proper working of the Applications.
3. RESERVATION OF RIGHTS
You acknowledge and agree that the Applications are provided under license to you from Sergio’s and/or other third parties through whom Sergio’s products and/or services are made available to you (“Sergio’s Third-Party Providers”), and they are not sold to you. You do not acquire any ownership interest or any other rights in the Applications under this Agreement other than the right to use the Applications in accordance with the license granted, and subject to all terms, conditions and restrictions under this Agreement and the applicable associated documentation. Sergio’s, its affiliates and Sergio’s Third-Party Providers reserve and shall retain their entire respective right, title and interest in and to the Applications, including all copyrights, trademarks and other intellectual property rights associated therewith or relating thereto.
4. APPLICATIONS
The Applications can be downloaded to your mobile device and accessed via a web application, the internet, the blockchain, or such other media as Sergio’s may make available.
If you link your credit card or cryptocurrency wallet in connection with the use of an Application, you understand and agree that you are solely responsible for maintaining their security and your control over any wallet-related authentication credentials, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of NFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank accounts or credit cards. Sergio’s is not responsible for managing and maintaining the security of your cryptocurrency wallet or for any unauthorized use or access to your cryptocurrency wallet.
5. SERVICES
You acknowledge that Sergio’s only facilitates the processing of transactions association with the Applications. All brokering, billing and third-party services provided to you via the Applications are hereinafter referred to as the “Services.” Sergio’s may enter into agreements to offer the Services with other participating restaurants, third-party vendors and merchants. Sergio’s is not responsible for any dispute between you and such parties. The participating restaurants, third-party vendors and merchants whose goods and/or services are accessible via the Applications do not act in any way for Sergio’s and Sergio’s shall not be liable for any acts or omissions of such parties or for any matter arising out of or relating to the goods or services they provide.
Sergio’s and/or Sergio’s Third-Party Providers may obtain your personal data, such as orders, telephone number, email address, home and /or delivery address and can use such information for marketing purposes.
The collection and processing of personal data in connection with the Service is carried out in accordance with our privacy policy and data protection terms.
There is no obligation for you to use the Applications nor is Sergio’s obligated to offer you the Applications or to provide any Service to you.
Where applicable, by purchasing a Sergio’s brand card or Sergio’s NFT via an Application, you agree that you are submitting a binding offer to purchase such NFT. If you are the initial purchaser of a Sergio’s NFT, then all amounts due are to be paid to Sergio’s. If you are not the initial purchaser of a Sergio’s NFT, then amounts may be paid to the-then holder of the NFT. You also acknowledge and agree that Sergio’s is entitled to a 10% royalty on every subsequent sale of a Sergio’s NFT (“Royalty”). For example, if you are the initial purchaser, and you sell a Sergio’s NFT for $100 to a subsequent purchaser, $10 will automatically be transferred to Sergio’s and you will receive $90. Sergio’s has the right to collect Royalties for Sergio’s NFT sales in perpetuity and may use those funds in any manner Sergio’s deems fit. If you sell a Sergio’s NFT on a third-party NFT marketplace, you agree to include a statement to the following effect in the description of the NFT: “10% Royalty Applies. See Sergio’s Terms of Use for details.”
When you buy or sell a Sergio’s NFT via an Application, you agree to pay all applicable fees associated with the transaction and you authorize Sergio’s to automatically charge and collect such fees from your payment. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
6. USER ACCOUNT
In order for you to use the Applications, you may be required to first log in and create a user account. Sergio’s and/or Sergio’s Third-Party Providers may store your data in your user account. The user account combines information about you so that you and we can better understand and manage your rights and obligations as a user of the Applications. Regarding your user account, you acknowledge and agree to the following:
§ A user account is not transferable.
§ You are not allowed to have more than one user account.
§ You guarantee that the information you provide to Sergio’s is correct, complete and current. In particular, you must truthfully provide your own name and, if necessary, a billing address for billing purposes.
§ You are required to keep your user information current, complete, accurate and up-to-date at all times. Please use the update functions in your user account to update any changes. If your data is no longer correct, complete and up-to-date, communication with you (and in particular collecting payments) may no longer be possible due to outdated, incorrect or incomplete contact information or for other reasons (especially if the payment method is invalid or has expired), we may no longer be able to offer you a smooth processing of the Service on the mobile application and it may be that you no longer have access to the Service or can no longer use it or that Sergio’s cancels, suspends or discontinues your account.
§ You are responsible for all activities on your user account and you are obliged to keep your username and password safe and confidential at all times.
§ Sergio’s may verify the information you provide at any time and refuse Service or the use of the Applications in its discretion, with or without cause, at will, and without having to state any reason.
§ Sergio’s reserves the right to cancel and delete your user account at any time, especially if Sergio’s can no longer reach you via the email address specified in the user account
7. USE OF THE APPLICATIONS
· You will only use the Applications for private, non-commercial purposes and will not pass any Applications on to third parties.
· You will not allow any third party to use your user account.
· You will not assign, transfer or otherwise make your user account available to another person.
· You will not use a third-party user account.
· You will comply with all applicable laws when you use the Service or Applications and will only use the Service and Applications for lawful purposes.
· You will not use the Service or Applications to cause trouble, annoyance or inconvenience.
· You will not interfere with the correct operation of the Applications or any network on which they operate.
· You will not attempt to damage the Service or the Applications in any way.
· You will maintain the password for your user account or any identification that we provide to gain access to the Service and the Applications secure and confidential.
· You will provide us with any proof of your identity that we deem appropriate.
· You will not use the Service or the Applications with a non-compatible or non-approved device.
Sergio’s and Sergio’s Third-Party Providers reserve the right to immediately terminate the Service and use of the Applications if you do not comply with all of rules and obligations set forth above.
You are responsible for the proper installation and functioning of the Applications on your devices and the data network access required to be able to use the Service and the Applications, as well as any costs that may arise from the use of the Service and Applications. While accessing and/or using the Service and Applications, data and connection fees and charges, e.g. from your mobile network provider, may be incurred, and you are solely responsible for paying them.
You are responsible for the procurement and updating of compatible hardware and devices, which are necessary to access and use the Service and the Applications as well as any updates therefor. Sergio’s does not guarantee that the Service or Applications will work on the respective hardware or the relevant devices. In addition, malfunctions and delays can occur in the provision of the Services and the use of the Applications, caused by interruptions in Internet access and electronic communications, updates to the Services and Applications, or otherwise. Sergio’s shall have no liability or responsibility for any losses incurred as a result of such delays or unavailability of the Services or Applications.
It is your responsibility to check and ensure that you always have downloaded the correct Applications for your device. This is particularly important when newer versions of the Applications are published. Sergio’s is not obliged to maintain older versions or to ensure in any way that such older versions continue to work or are otherwise error-free. You should always update to the latest version of the Applications, especially to be able to use new functions.
Sergio’s is not liable if you do not have a working data network access or a compatible mobile device or if you download the wrong Applications version to your mobile device. Sergio’s reserves the right to cancel the Service or cancel the availability of the Applications if you use the Service or the Applications with an incompatible or impermissible device.
8. PAYMENT
Placing an order or purchasing goods and/or services via the Applications will result in costs being incurred and you agree to pay for orders placed by you or through your account, including any taxes and late fees associated with your account.
The prices for the offerings of participating restaurants and vendors (e.g. meals, drinks) can usually be found in the Applications. These are determined and made available by the participating restaurants, third-party vendors and merchants and may be changed and updated from time to time. It is your responsibility to verify and determine current prices of any offerings from the participating restaurants third-party vendors and merchants.
Sergio’s and/or Sergio’s Third-Party Providers, as applicable, will charge you for the goods and/or services according to the then-applicant terms of purchase and sale.
Sergio’s and Sergio’s Third-Party Providers may use external payment processors to connect your credit card to the Applications and Service. The processing of payments in connection with your use of the Applications and the Service is subject to our privacy policy and data protection terms. Sergio’s is not responsible for any errors or data breaches made or suffered by the payment processors, the credit card issuer or any third party.
You acknowledge that the Services and Applications are used for the purpose of obtaining goods or services from third parties whose terms of use and privacy policies may apply. Sergio’s shall not be responsible or liable for any goods, services or content provided by any such third parties or any acts or omissions of such third parties.
If you enroll in a subscription in connection with any Application, your subscription may include enrollment into an ongoing/recurring payment plan. By signing up for a subscription, you agree that your subscription will automatically renew at the end of the disclosed billing period, and unless you cancel your subscription in accordance with the instructions for cancellation, you authorize Sergio’s to charge your chosen payment method for the renewal. Payment will be charged
according to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g., if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28).
If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using the applicable Applications prior to the date of cancellation. If you subscribed online, we may provide you the option of cancelling the subscription online. When a subscription is cancelled, you will not receive a prorated refund, but may continue to have access to the applicable Applications until the end of the term during which you cancelled the subscription.
Sergio’s reserves the right to change its pricing and pricing policies. In the event of a price change, we will attempt to notify you in advance of the change by sending an email or text or push message to the email address or phone number associated with your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that communication. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. Sergio’s will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges, taxes and any other applicable fees and charges associated with your use of the Services and Applications.
9. USER CONTENT
Sergio’s and/or Sergio’s Third-Party Providers and Sergio’s participating restaurants, third-party vendors and merchants may, in their sole discretion, allow you to submit, upload or publish content and information, such as comments and feedback on the goods or services obtained through use of the Applications (“User Content”). By providing User Content, you hereby grant to Sergio’s and/or Sergio’s Third-Party Providers and the participating restaurants, third-party vendors and merchants, as applicable, a worldwide, unlimited in time and content, irrevocable, transferable, sublicensable and free license to all such User Content, in particular for its use, reproduction, distribution, modification, publication, availability, public performance or other use in all formats and across all sales opportunities, regardless of whether they already exist and/or are known or only arise or become known later.
By providing User Content, you further represent, warrant and covenant that: (i) you are either the sole and exclusive owner of all User Content submitted or have all the rights, licenses, consents and exemptions required to provide User Content under the above license to Sergio’s and/or Sergio’s Third-Party Providers and Sergio’s participating restaurants, third-party vendors and merchants; and (ii) neither the User Content nor its transmission, uploading, publication or other disclosure, nor the use of the User Content by Sergio’s and/or Sergio’s Third-Party Providers and Sergio’s participating restaurants, third-party vendors and merchants will violate the rights of any third parties, including their intellectual property rights, publication rights, personal or data protection rights, or any other rights, nor will such use violate any applicable laws or regulations.
You agree not to post, transmit, upload, communicate, publish, or make available any User Content that is deemed, in the sole discretion of Sergio’s and/or Sergio’s Third-Party Providers and Sergio’s participating restaurants, third-party vendors and merchants, to be offensive, defamatory, mean, violent, obscene, pornographic, otherwise objectionable or unlawful. You acknowledge and agree that Sergio’s and/or Sergio’s Third-Party Providers and Sergio’s participating restaurants, third-party vendors and merchants have no obligation to publish User Content and have the right, without notice to you, to review, monitor and remove User Content in their sole discretion. Notwithstanding the foregoing, you also acknowledge that Sergio’s, Sergio’s Third-Party Providers and Sergio’s participating restaurants, third-party vendors and merchants have no obligation to check, monitor or remove User Content.
10. Collect and Redeem Points
Sergio’s and/or Sergio’s Third-Party Providers and Sergio’s participating restaurants, third-party vendors and merchants may provide you with coupons or the ability to collect points that can be redeemed for rewards. The redemption and use of such coupons and points shall be subject to the terms and conditions of this Agreement and such other terms and conditions that may accompany any such offers, including expiration and cancellation terms. If your points account is deactivated or deleted, you may no longer be able to collect points with that account and you may not be able to redeem points that existed in your account prior to such deactivation or deletion.
11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sergio’s, Sergio’s Third-Party Providers and Sergio’s participating restaurants, third-party vendors and merchants, their subsidiaries, franchisees, and any affiliated restaurants, third-party vendors and merchants, together with their respective affiliates, licensors employees, shareholders and directors, from and against any and all claims, costs, damages, losses and liability (including attorney fees and costs) arising out of or in connection with your violation of any provision of these terms of use or any applicable legal provisions, your violation of third-party rights, or otherwise arising from or relating to your use of the Services and/or the Applications.
12. DISCLAIMER OF WARRANTY
YOU UNDERSTAND AND AGREE THAT THE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATIONS ARE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SERGIO’S, SERGIO’S THIRD-PARTY PROVIDERS AND SERGIO’S PARTICIPATING RESTAURANTS, THIRD-PARTY VENDORS AND MERCHANTS AND THEIR RESPECTIVE AFFILIATES, DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER SERGIO’S, SERGIO’S THIRD-PARTY PROVIDERS, SERGIO’S PARTICIPATING RESTAURANTS, THIRD-PARTY VENDORS AND MERCHANTS, NOR ANY OF THEIR RESPECTIVE AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES, REPRESENT OR WARRANT (i) THAT THE APPLICATIONS, INCLUDING CONTENT THEREON, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; OR (ii) THAT THE APPLICATIONS WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
13. LIMITATION OF LIABILITY
NEITHER SERGIO’S, SERGIO’S THIRD-PARTY PROVIDERS NOR SERGIO’S PARTICIPATING RESTAURANTS, THIRD-PARTY VENDORS AND MERCHANTS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF (OR INABILITY TO USE) THE APPLICATIONS OR SERVICES, INCLUDING DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY ERRORS OR INCOMPLETENESS OF INFORMATION. SERGIO’S SHALL NOT BE LIABLE FOR ANY ACTS OR OMMISSIONS OF ANY THIRD PARTIES, INCLUDING SERGIO’S THIRD-PARTY PROVIDERS AND SERGIO’S PARTICIPATING RESTAURANTS, THIRD-PARTY VENDORS AND MERCHANTS.
IN NO EVENT SHALL SERGIO’S, SERGIO’S THIRD-PARTY PROVIDERS OR SERGIO’S PARTICIPATING RESTAURANTS, THIRD-PARTY VENDORS AND MERCHANTS, OR ANY OF THEIR RESPECTIVE AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF USE OF THE APPLICATIONS OR SERVICES BY ANY PERSON. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
14. CHANGES TO THIS AGREEMENT
SERGIO’S MAY MODIFY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AT ANY TIME. NOTICE OF MATERIAL CHANGES TO THIS AGREEMENT WILL BE MADE AVAILABLE TO YOU BEFORE THEY BECOME EFFECTIVE. YOU ARE RESPONSIBLE FOR REVIEWING ANY APPLICABLE CHANGES.
YOU AGREE THAT WE MAY PROVIDE NOTICES, DISCLOSURES AND AMENDMENTS TO THIS AGREEMENT, AND OTHER INFORMATION RELATING TO THE APPLICATIONS AND SERVICES BY ELECTRONIC MEANS, INCLUDING POSTING SUCH INFORMATION AND MATERIALS ONLINE AT WWW.SERGIOS.COM OR SUCH OTHER WEBSITES AS SERGIO’S MAY DESIGNATE.
IF THIS AGREEMENT IS MODIFIED, THEN THE DATE OF THE MODIFICATION WILL APPEAR IN THE FIRST SECTION OF THIS AGREEMENT ABOVE.
YOU AGREE THAT YOUR CONTINUED USE OF THE APPLICATIONS FOLLOWING ANY CHANGES TO THIS AGREEMENT AND AFTER THE CHANGES TAKE EFFECT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
IF YOU DO NOT AGREE TO ANY CHANGE TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE APPLICATIONS AFTER THE EFFECTIVE DATE OF SUCH CHANGE.
15. MISCELLANEOUS PROVISIONS
Applicable Law; Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the Southern District of Florida. The prevailing party in any dispute arising out of or relating to this Agreement shall be entitled to recover its reasonable attorney’s fees and costs.
Entire Agreement
This Agreement constitutes the complete agreement and understanding between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings between the parties.
Severability
If any provision of this Agreement shall be deemed unlawful, invalid, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms.
No Waiver
Sergio’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Sergio’s right to subsequently enforce such provisions or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.
16. ADDITIONAL TERMS FOR APPLE APP STORE DOWNLOADS
(a) Acknowledgement: The parties acknowledge that this Agreement is between Sergio‘s and Licensee and not with Apple and Apple shall have no responsibility for the Application or its content. Nothing herein is intended to abrogate the Apple’s Usage Rules or App Store Terms of Service.
(b) Scope of License: The license granted to you herein includes the right to use the mobile Applications on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the Application may be accessed and used by other accounts associated with your Apple account via Family Sharing or volume purchasing.
(c) Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
(d) Warranty: In the event of any failure of the Application to conform to any applicable warranty in this Agreement, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, or for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty in this Agreement.
(e) Product Claims: The parties acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Application or of your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights: The parties acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
(g) Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the Application, for example, terms required by our service providers.
(i) Third Party Beneficiary: The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof, as it relates to the rights and benefits conferred upon Apple hereunder.
SERGIO’S PRIVACY POLICY AND DATA PROTECTION TERMS
Sergio’s Franchise Group Inc., Sergio’s Restaurant Inc. and all Sergio’s restaurants, franchisees and licensees undertake to protect the privacy of their visitors and users. The following data protection declaration describes which data the Sergio’s Franchise Group Inc. and Sergio’s Restaurants Inc. (hereinafter referred to as "Sergio’s" or "we") processes and how we use the relevant data to help users and visitors of our mobile app, website (www.sergios.com and www.sergioscuban.com), self-order kiosks, or other online service or platform of the Sergio’s brand (the “Applications”) and our on-demand services (collectively with Applications, referred to as the “Services”) to offer even greater benefits. Please read the following provisions carefully so that you become aware of how we protect and use your data. Please note that we use MENU Technologies AG (“MENU”) as data processor of personal data.
Sergio’s reserves the right to change this policy and terms. If you have any questions about this this policy or any terms contained herein, please contact us at 305-552-9623.
OVERVIEW
This privacy policy and data protection terms apply Sergio’s collection of personal data via the Applications and Services.
We collect various types of information about our users including: Information you provide to us; Information we collect about your use of Services; Information about your use of the Services; and Information we obtain from third party sources. We also may collect information in ways that we describe to you at the point of collection or otherwise with your consent.
How we use information:
We use the information we collect to, among other things: Register and create accounts; operate and manage our rewards program; Provide and manage our Services; Communicate with you about our products, services, and promotions; Deliver targeted advertising, promotions, and offers; and understand our customers so that we can develop and improve our customer services, promotions, products and Services.
We may otherwise use your information with your consent or at your direction.
Sharing of information:
We may share your information with: Affiliates of Sergio’s, Franchisees, including local owners, licenses and franchisees of Sergio’s and Sergio’s’ Cuban; business partners, service providers, and social media services; companies that provide content, advertising or functionality for us; and other parties when required by law, or as necessary to facilitate the transfer of company assets in connection with a sale, transfer or reorganization..
We may provide aggregated information, and data with personal identifiers removed; to third parties to describe how our customers are using the Services. We also may share information about you with third parties whenever you consent to or direct such sharing.
Online Advertising & Cookies
We and other companies that provide advertising and other services on our Services may use cookies, web beacons, do not track signals, and similar technologies to improve and customize your advertisements and your experience using our services.
Privacy and Access Choices
You can have options to manage your privacy. For example you may block cookies and similar technologies if your web browser allows this functionality, opt out of receiving promotional materials from us.
PRIVACY POLICY AND DATA PROTECTION DETAILS
1. DEFINITIONS
“User” refers to a person who uses the Services or has registered with Sergio’s for potential use of the Services.
“participating restaurant” refers to Sergio’s and Sergio’s Cuban, including franchisees, licensees or affiliates. These are solely responsible for the catering and restaurant services.
2. GENERAL
Sergio’s Applications and Services are not intended for use by anyone under the age of 13. If you are under 13, please do not use the Applications or Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at 305-552-9623.
Sergio’s, participating restaurants and service providers (e.g. MENU) may be involved in the processing of data that are related to activities via the Services and / or in connection with the services otherwise described herein.
We collect and process personal data in different ways. The personal data is voluntarily provided by the user in the course of creating and / or changing the user profile, when interacting with or using the Applications and / or the Services and by email or text communication with support or other employees. For users of the Applications and / or Services, this includes in particular the following information: name, email address, password (encrypted), restaurant orders, user agent when logging in, IP address, credit card information (will not be saved by Sergio’s or MENU; comments on orders, business e-mail address, home and / or delivery address, hosted persons, occasion, signature, possibly collected and / or redeemed points [name], type of bonus for redeeming points. The data of the participating restaurants include the name, address, email address, password (encrypted), telephone number, VAT, currency, tip (if any), contact person and bank details. If you place an order via an application on a "self-order kiosk", mobile tablet, or web-application without having registered or logged in, the orders placed will be processed by us and the participating restaurant will only receive the data for order processing (including order, payment details and at store location). The receipts are saved on our servers, i.e. those of MENU. The payment information is processed by the payment processor. The payment process is authorized by the payment processor and confirmed back to us, i.e. MENU.
When your order is ready to be picked up at the counter, you will be informed either via a push message (for orders placed via the mobile application) or via SMS message (for orders placed via the web application). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will also be determined by means of table number entry (on the mobile and web application), placed transmitters or antennas (kiosks). In order to receive push messages, you must have push messages activated on your smartphone and to enable the determination of your location via transmitters or antennas you must have Bluetooth activated on your smartphone and give the application permission to determine your location. For orders that you place through the self-order kiosk, a puck may show you when your order is ready for collection at the counter or your order number is displayed on a screen. Your location can also be determined using a puck, which may be distributed to you at the self-order kiosk or at the counter or you may need to enter a number into the screen. You hereby authorize Sergio’s to disclose and process your orders, personal data and in particular your location data to participating restaurants. For delivery orders, your data will be processed for the execution of this delivery to the home or other delivery address you have provided. We can also process your personal data in order to send you coupons, which we generate in the back-end system and which we then send to you, for example, as push messages. You can redeem these coupons on the mobile application, on the web application on a website (ie. www.sergios.com and sergioscuban.com) or via an application on a mobile tablet or “self-order kiosk.”
Sergio’s as the franchisor is the platform operator of the application and obtains your personal data, such as order data, telephone number, home and / or other delivery address, email address, and can use them for marketing purposes. Sergio’s franchisees operate the Sergio’s platform in their restaurants and can view their order and payment details for their respective restaurants. As a technology supplier, MENU provides the application platform used by Sergio’s and can view your personal data. MENU provides Sergio’s within the application platform with functions that enable Sergio’s to communicate with you in a personalized form and to provide you with relevant information at the appropriate time.
In cases where you provide us with data on other persons (such as when issuing a receipt), it is your responsibility to ensure that the individual has consented to your disclosure of their personal data and the processing of such data by us is in accordance with our rights hereunder. For example, you must inform the data subject and obtain their consent to the processing of their personal data for the purposes described herein.
Your personal data will be processed by MENU and saved by an external provider.
3. FOR WHAT PURPOSES WE PROCESS YOUR PERSONAL DATA?
3.1 TECHNICAL OPERATION AND FUNCTIONALITY OF THE WEBSITE AND APPLICATION
When you visit our website, e.g. to use our web application, our web administrators can store your personal data, including technical data, such as your IP address, the websites you visit, the internet browser you use, the one you used beforehand and subsequently visited websites and the duration of the visit / session, so that we can guarantee the proper functioning of our website. In certain cases, the browser can also query your current location to optimize your user experience. This technical data enables our web administrators to manage the website, for example by solving technical problems or improving access to certain areas of the website. This is how we ensure that you can (still) find the information provided on the website quickly and easily.
If you use our mobile application or web application, we also process your personal data, including technical data, such as for example your IP address and your device type. We use this data to provide the services, to guarantee the functions of the application, to solve technical problems, to provide you with the correct and up-to-date version of the application and to further improve the functionality of the application.
3.2 CUSTOMER SERVICE
When you register as a user, we collect your name, your email address, your password, your IP address and your device type as well as your credit card number and the expiration date of the card.
We use your personal data and contact information to provide the services, for communication purposes relating to your orders, for advertising offers and for announcements related to the services, such as when our services are temporarily unavailable due to maintenance work. We use your personal data and registration data to create and manage your Sergio’s account. We reserve the right to deactivate your account if we suspect that you are using our application to commit fraudulent or illegal acts or if you violate our terms of use.
3.3 Activation of Sergio’s Application
LOCATION INFORMATION
We collect and process location information, for example in participating restaurants or when you place an order via the applications, provided you have given us your prior consent. We use the relevant data to inform the relevant participating restaurant in which the respective order was placed so that the service staff can process the order accordingly.
ORDERS
When you place an order via the application, we process in particular your first and / or last name, your order and your telephone number and forward it to the participating restaurant so that the service staff is able to process your order accordingly and notify you once your order is ready for pick-up. If one of our restaurants serves the orders to the table, the table number or your location is also determined so that the service staff can serve your order accordingly to your table. If you have placed an order for delivery, your home and / or delivery address will also be processed in order to be able to deliver. If you collect points with your order, we will credit it to the points account we hold for you. If you redeem points with an (award) order, we also book this redemption in the points account we hold for you.
3.4 PAYMENT PROCESSING
If you register as a user, your credit card data and data of other payment methods will be forwarded by MENU to a payment processing provider and processed by the latter in order to process payments for orders placed by you via the applications. Sergio’s, Sergio’s franchisees and MENU are allowed to transfer the credit card details or data of other payment methods you have registered to other payment processors.
3.5 MARKETING
Sergio’s and Sergio’s franchisees can use your contact information to send you general information about what's new at Sergio’s. You can unsubscribe from these notifications at any time.
3.6 COMPILATION OF ADMINISTRATIVE AND STATISTICAL DATA
Sergio’s and MENU use your personal data in an anonymous and aggregated form to monitor exactly which functions of the service are used the most, to analyse usage patterns and to determine where they offer their services and where they should focus. This information may be provided to third parties for industry analysis and statistical purposes.
3.7 COOKIES / GOOGLE ANALYTICS
Sergio’s uses cookies. Cookies are small text files that a website places on your computer or mobile device when you visit a page or website for the first time. Cookies help us to recognize your device the next time you visit the website. Cookies have different functions. With their help we can, for example, recall your interests. Cookies can help us to analyze how well our website works or to adapt our content so that the relevant information is provided to you.
Most browsers can be set in the settings so that they no longer accept cookies or you will be notified when you receive a cookie. In most browsers you will find information on possible changes to your browser settings under the "Help" menu item. If you decide to deactivate and / or delete cookies in the future, you must take into account that some Sergio’s functions will then no longer be available to you.
3.8 NO OBLIGATION TO PROVIDE PERSONAL DATA
You are not obliged to provide your personal data. Without your personal data, however, we cannot provide our special services to you, or may be limited in what we can provide.
4. RELEASE OF YOUR DATA BY US
We may use various affiliates, third parties and external companies to enable or provide the Services for us, process payments, provide customer support, provide location information to participating restaurants, provide marketing services, and provide website-related services (including maintenance services, database management, web analysis and improving website functions) or to support us in analysing the use of our Services. These third parties have access to your personal data and process it in order to fulfil the tasks mentioned for us. This includes MENU, which operates the Application and Services for us.
We may disclose your personal data to the extent legally required or necessary for the establishment, exercise and defense of legal claims and legal procedures and, in an emergency, also data relating to security.
We may also disclose your personal data to a buyer or other successor in in interest of some or all of our company assets.
In addition, we may transmit your personal data via our cash register system to the participating restaurant in which you would like to place an order.
5. YOUR RIGHTS
As a user, you have a right to information about your personal account. This also applies to information that you have provided to us with regard to orders placed via our Application. You may request the correction or deletion of your personal data or object to the processing of your personal data at any time by sending us an email at hello@sergios.com or contacting us at the address given in section 9. A copy of your ID card or passport must be enclosed for clear identification.
Sergio’s reserves the right to charge reasonable processing fees for providing relevant information in the event of unsubstantiated or excessive requests.
6. DATA STORAGE
If you would like to delete your Sergio’s account or request that we no longer use your data in the future to provide services to you, please contact us at hello@sergios.com.
7. SAFETY
Sergio’s has taken appropriate technical and organizational security measures against the loss or unlawful processing of your personal data. We use industry-standard, economically appropriate security measures to protect your personal data.
As effective as our security measures are, no security system is infallible. We cannot guarantee the security of our database, nor can we guarantee that the information you provide will not be intercepted when it is transmitted to us over the Internet. The transfer of your data to Sergio’s is always at your own risk. We also recommend that you do not disclose your password to anyone.
8. CHANGES TO THIS POLICY
We can update this privacy policy to reflect changes in our information and data processing practices. In the event of significant changes, we will inform you before the corresponding change takes effect by e-mail or via a message on our website. By continuing to use the website and / or application and / or services, you acknowledge and agree to the updated privacy policy terms. We recommend that you visit this page regularly to review any changes to our data protection measures.
9. CONTACT INFORMATION
Sergio’s Franchise Group Inc.
12380 SW 130 Street
Miami, Florida 33186