Effective: January 01, 2023
The following Terms of Service (“Terms” or “Terms of Service”) are a legal agreement between you (“you” or “your”) and Patron Loyalty ("Patron Loyalty," "we," “us” or “our”) and govern your access to and use of our services, which include any websites and applications, or any other ways Patron Loyalty allows you to engage with Patron Loyalty (collectively, part of the “Services”). Our Services include, but are not limited to, our websites; the Patron Loyalty member applications and related websites and services.
By accessing and/or using any of the Services, you agree to these Terms and any other policies or terms referenced within or posted throughout the Services, including but not limited to promotion terms, guidelines, as well as any rules or terms applicable to particular features or promotions, which are hereby expressly incorporated into these Terms by reference. You also acknowledge that you have read and understand our privacy statement, Section 2 below.
FROM TIME TO TIME WE MAY UPDATE OR MODIFY THESE TERMS OF SERVICE IN OUR DISCRETION, AND WILL POST THE UPDATED TERMS TO http://. SUCH UPDATES MAY BE REQUIRED IN ORDER TO REFLECT ENHANCEMENTS TO OUR SERVICES OR OUR WEBSITE. IF OUR CHANGES REDUCE YOUR RIGHTS OR INCREASE YOUR RESPONSIBILITIES, WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOU WITH NOTICE BY EMAIL OR THROUGH THE APP, IN ACCORDANCE WITH ANY NOTIFICATION PREFERENCES YOU HAVE PROVIDED. THE UPDATED TERMS OF SERVICE WILL BECOME EFFECTIVE AS OF THE EFFECTIVE DATE INDICATED IN THE TERMS OF SERVICE (“EFFECTIVE DATE”). ANY USE OF THE SERVICES AFTER THE EFFECTIVE DATE MEANS YOU HAVE ACCEPTED THE UPDATED TERMS. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT YOU DO NOT ACCEPT THE UPDATED TERMS OF SERVICE IS TO CEASE YOUR ACCESS TO AND USE OF THE SERVICES, APPLICATIONS AND OUR WEBSITE.
These Terms include an agreement to resolve disputes by arbitration, which means that you and Patron Loyalty waive the right to a trial by jury and agree to resolve any and all disputes through binding arbitration on an individual basis.
If you are an individual, you must be at least 18 years of age, a U.S. or Canadian resident, and legally capable of entering into contracts. If you are an entity, organization, or company, or acting on behalf of one, you represent and warrant that you are an authorized representative of such entity, and that you have the authority to and agree to bind it to these Terms. You represent that you will not use the Services, directly or indirectly, for any fraudulent undertakings.
1. Services
Patron Loyalty provides technology services to enable customers (“Members”) to participate in a loyalty program for offers, rewards, and related incentives and services.
1.1 Opening and Accessing a Member Account
When you use Patron Loyalty’s loyalty services on our website or premises, you can choose whether you would like to register a mobile number and or email address with your account. If you create an account, you may be required to save personal information. You may make Purchases at participating merchants, without creating a loyalty account, but you will not receive loyalty program related incentives.
When you create an account, we will ask you for certain personal information such as your name, mobile number, and email address, which will be stored with Patron Loyalty to facilitate your transactions. Information on how we collect, use, and protect the personal information you provide to us can be found in our Privacy Statement (see Section 2 below). You agree to provide true, accurate, current and complete information for your account registration, and you agree not to misrepresent your identity or your contact information. It is your responsibility to keep the information you provide us up-to-date and accurate.
1.2 SMS Communications.
If you provide your mobile#, and choose to opt-in by either replying YES to an invitation you received via text or from within your member portal, by checking opt-in for SMS communications, You may receive periodical text messages related to your program participation. Text messages may be delivered after each engagement with the loyalty platform, such as point balance summaries, or voucher codes for rewards you claim. Additionally, you may receive occasional marketing messages, between the hours of 9am and 8pm, your local time, such as birthday messages and other promotional messages. You may opt-out of receiving SMS messages, at any time, by replying STOP to any message you receive or by unchecking on your loyalty profile, within your member portal. For help, reply help at any time. Message and data rates may apply. Carriers and Patron Loyalty are not liable for delayed or undelivered messages.
1.3 Confidentiality.
Only you have the right to access and use your account. You are responsible for ensuring that your login information and password information remain confidential at all times. Patron Loyalty will assume that if your login or password are used to access the Services, the user has the legal authority to use such login or Access Method. If you become aware of unauthorized use of your login or Access Method, you agree to notify Patron Loyalty, or your participating merchant, immediately. You remain liable for any activity on your account until such time as Patron Loyalty has been notified and has had an opportunity to take appropriate action.
1.4 Using your Account
Once you have created your account, you will be able to transact business with participating merchants of Patron Loyalty and receive associated loyalty credits. You can make changes to your account information through the member loyalty portal. You will also be able to view your recent transaction history by logging in to your account.
1.4.1 Patron Loyalty Member Portal
The member portal is an application that enables you to access your loyalty account.
If you access the member portal app from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
To use the mobile app, you must have a mobile device that is compatible with the App. Patron Loyalty does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and incur additional charges from your wireless provider for these services. You agree that you are solely responsible for such charges. Patron Loyalty hereby grants you a non-exclusive, non-transferable, revocable license to use the App for one Loyalty Account on a mobile device owned or leased by you, for your personal use.
1.4.2 Loyalty and Rewards.
Patron Loyalty uses third-party technology services that enables offering loyalty and/or rewards programs to Members. By enrolling in any loyalty program offered by Patron Loyalty, you expressly agree to these program terms.
You may enroll in Patron Loyalty’s program by signing up, subject to the terms and conditions related to the loyalty program. As part of your enrollment, you agree to allow us to capture and retain your contact and purchase information. Once you have enrolled, you may earn points when you transact business with participating merchants of Patron Loyalty, which can later be redeemed for discounts or other benefits. If you initiate a return, chargeback, or refund, points associated with that business transaction may be revoked. You may check your current rewards balance by clicking the link you receive when you sign up for the loyalty program.
If you choose to enroll in our loyalty program, and Opt-in to receive marketing focused E-mails and or Text Messages, you agree that we may contact you using the contact method(s) you provide with program information, offers, and other marketing and transactional communications. Consent is not required as a condition for program participation. You may Opt-Out from receiving communication at any time. Any information shared by you is subject to our Privacy Statement. Patron Loyalty will not send marketing messages to your email and or mobile number unless you expressly authorize us to send you such messages.
Participating merchants of Patron Loyalty's program are solely responsible for establishing the number of points that you may earn when you make transact business, setting redemption thresholds, and determining how and when points may be redeemed for rewards. Patron Loyalty is not responsible for notifying you in the event of changes to any element of the loyalty program and may cease to offer a loyalty program.
Points earned cannot be sold for cash. Subject to notice requirements under Applicable Law and Rules, Patron Loyalty reserves the right, in its sole discretion and at any time, to modify, suspend, terminate, revalue or cancel the loyalty program. Patron Loyalty reserves the right to adjudicate any discrepancies or disputes regarding rewards allocations or these program terms in its sole discretion and you agree to abide by any such adjudication.
1.5 Closing your Account
Members can close their account with specific participating merchants by requesting closure with each participating merchant, specifically, where account closure is requested, at any time.
In certain cases, we may not allow you to close your account, including but not limited to:
2. Data Privacy and Security
The privacy and security of your personal information is important to us. Patron Loyalty’s Privacy Statement describes what information we collect about you, how we may use personal information and the security measures we have taken to protect your personal information. We encourage you to read the Privacy Statement carefully, as it forms a binding part of these Terms of Service and contains important information about your rights.
3. Permitted Activities
By using the Services, you agree that:
4. Promotions
When you use the loyalty portal or other Patron Loyalty Services, you may be eligible for incentives (“Promotional Discounts”) at particpating merchants, to receive discounts or other promotional offers on purchases (“Promotions”), subject to any terms and conditions of the specific Promotion, as displayed on the associated merchant's Website, on the App, or related print, social media, or digital marketing materials. Promotions are non-refundable. Particapting merchants of Patron Loyalty reserve the right to modify, suspend, terminate, or alter the terms of any Promotion at any time. Promotions may not be reused in the event of a cancellation and/or refund.
5. Disclaimer of Warranties, Waiver and Limitation of Liability
5.1 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
NEITHER PATRON LOYALTY NOR ITS THIRD-PARTY PROVIDERS WILL BE LIABLE OR RESPONSIBLE FOR ANY PRODUCTS OR SERVICES PROVIDED THAT ARE A CAUSE OF INJURY OR THAT ARE UNACCEPTABLE OR DO NOT MEET YOUR REQUIREMENTS OR EXPECTATIONS.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, PATRON LOYALTY AND ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY. Patron Loyalty DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
PATRON LOYALTY AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING (I) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES; (III) THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES; (IV) WHETHER THE OPERATION OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (V) WHETHER THE QUALITY OF THE SERVICE, OR PRODUCTS OR SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Patron Loyalty OR A THIRD PARTY THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU ACKNOWLEDGE THAT NEITHER PATRON LOYALTY NOR ITS THIRD-PARTY PROVIDERS CONTROLS THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT NEITHER PATRON LOYALTY NOR ITS THIRD-PARTY PROVIDERS ARE RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WITHOUT LIMITING THE FOREGOING, NEITHER Patron Loyalty NOR ITS THIRD-PARTY PROVIDERS WARRANTS OR GUARANTEES THAT ANY OR ALL SECURITY BREACHES OR ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES.
5.2 LIMITATION OF LIABILITY
IN NO EVENT WILL PATRON LOYALTY BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF Patron Loyalty HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW Patron Loyalty’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED DOLLARS ($100).
5.3 State Exemptions
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, PATRON LOYALTY’S LIABILITY OF WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5.4 Reliance on Limitations
Each party acknowledges that the other party has entered into these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
6. Force Majeure
Patron Loyalty will not be liable for any failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, pandemic, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
6.1. User Content
You grant to Patron Loyalty a non-exclusive, royalty-free, fully paid-up, worldwide license to access, use, copy, modify (including the right to create derivative works of), display and transmit User Content for the purpose of our providing the Services and in accordance with our Privacy Statement. You represent, warrant and covenant that you have all rights necessary to upload Your Content to the Services and to otherwise have Your Content used or shared, as applicable, in relation to the Services.
6.2. Third-Party Content
Through your use of the Services you may be presented with material provided by third parties, not owned or controlled by us, from our partners, and/or from other users of the Services, including but not limited to links to websites or other materials, software, text, graphics, videos, images, or advertising content (collectively referred to as “Third-Party Content”).
6.3. Monitoring and Removal of Content
We reserve the right to delete or refuse to accept any User Content or Third-Party Content in our sole discretion. In addition, we have the right (but not the obligation) in our sole discretion to reject or delete any content that we reasonably consider to be in violation of these Terms or Applicable Law and Rules.
6.4. Third-Party Content Precautions
We do not guarantee the accuracy, integrity or quality of any Third-Party Content, regardless of whether such products or services are designated as “certified,” “validated” or the like. Any interaction or exchange of information or data between you and any third-party is solely between you and such third-party. You should take precautions when downloading files from any platform to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Content, you fully assume the risk of doing so. Under no circumstances will Patron Loyalty be liable in any way for any Third-Party Content, including liability for any errors or omissions in any Third-Party Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any Third-Party Content posted, emailed, linked or otherwise transmitted via the Services.
6.5. Trademarks
The trademarks, service marks, and logos of Patron Loyalty (the “Patron Loyalty Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Patron Loyalty. Other Patron Loyalty product and service names located in the Services may be trademarks or service marks owned other third-parties (the “Third-Party Trademarks”, and, collectively with the Patron Loyalty Trademarks, the “Trademarks”). Nothing in these Terms of Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the Services without the prior written consent of Patron Loyalty specific for each such use. The Trademarks may not be used to disparage Patron Loyalty or the applicable third-party, Patron Loyalty’s or third-party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Except as described herein, the use of any Trademarks is prohibited without Patron Loyalty’s prior written consent. All goodwill generated from the use of any Patron Loyalty Trademark or Third-Party Trademark will inure to Patron Loyalty’s, or the applicable Third Party’s benefit, as applicable.
7. Company Information
To contact us, email us at [email protected] or visit www.patronloyalty.com