Terms and Conditions for McDonald’s APP Malta.

Last Updated: 19th July 2021

IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS). THEY CONTAIN LIMITATIONS ON PREMIER RESTAURANT’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. 

These terms and conditions (Terms) is a legal agreement between you (End-user or you) and Premier Restaurants Malta Ltd (“Premier Restaurants”, “we” or “us”) which controls and operates from its headquarters at Nineteen Twenty Three, Valletta Road, Marsa MRS 3000 Malta for:

MCDONALD’S APP MALTA, mobile application software, the data supplied with the software, and the associated media (App); and [online OR electronic] documents (Documents). 

We license use of the App and Documents to you on the basis of the Terms and subject to any rules or policies applied by any appstore provider or operator from whose site, located at Android: Play Store, iOS: Apple Appstore (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.

By installing, accessing or using the App on which the Terms are posted or referenced (you are entering into a binding agreement with Premier Restaurants.

By accepting the Terms, you also understand and consent to our Privacy Policy, which is incorporated into, and part of, this agreement. Our Privacy Statement describes how we collect, use and share information. 

The App is not intended to be used by, or targeted to, anyone under the age of fourteen (14) years old. You must be at least fourteen (14) years old to use the App. If you are at least fourteen (14) but not yet eighteen (18) years old, then you must review the Terms with your parent or guardian and they must understand and agree to the Terms and provide their consent in order for you to use the App. Premier Restaurants reserves the right to request by the users proof that they are of age to use the App and to terminate a user account if it is found out or suspected that the App is being used by minor without the pertinent parental consent. 

If you or your parent or guardian does not agree to the Terms, then you must immediately stop using the App and request that Premier Restaurants closes any App account that you have created. You can request account deletion by sending an email to [email protected]. Please include the email address of the account that you want deleted. 

When creating an account in the App users must provide their true and accurate personal information. Premier Restaurants reserves the right to require by the users proof of identification.  Declaring false or inaccurate information is subject to sanctions of the relevant legislation and Premier Restaurants reserves the right to terminate a user account and report to the authorities any such event if it is found out or suspected that user has provided false or inaccurate information. 

  1. About the App
    1. The Terms apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App [or any Service], unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source license may override some of the terms of this Terms.
    2. Obey the rules of the road. Whenever you use the App, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE APP WHILST DRIVING OR WHILST BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the App when it is lawful and safe to do so. 
    3. You are responsible for your devices and accounts. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 4.2(a) (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You are responsible for any devices, software and services needed to use the App. Premier Restaurants does not guarantee that the App will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the App, including when we communicate with you by text, email or other means that you choose. If you create an App account, you are responsible for keeping the account secure and for all activity under the account. You can only use one App account and must keep your account information accurate at all times. 
    4. From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
    5. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    6. Updates to the Terms. Premier Restaurants may also update the Terms at any time and at its sole discretion. If Premier Restaurants makes material changes to the Terms, we will notify you by any reasonable means such as by posting the new terms in the App. The new terms may be displayed on screen and you may be required to read and accept them to continue your use of the App and the Services. If you do not agree to the changed terms, then you must immediately stop using the App and request that Premier Restaurants closes any App account that you have created. To close your account, you can email us at [email protected]
    7. Certain Services including RESTAURANT FINDER, will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Device. 
    8. By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
    9. How to contact us. If you have any questions or comments regarding the App, please see the Contact Us section in the App or you can always visit www.mcdonalds.com.mt/contact.
  2. Our information practices and communications with you.
    1. The Terms incorporate the as part of the terms. Our Privacy Policy describes our information practices, including how we collect, use and share information. 
    2. How we communicate with you. Through the Mobile App, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from Premier Restaurants. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Premier Restaurants. Premier Restaurants may use the information you have provided to us to communicate with you in accordance with our Privacy Policy.
    3. Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the App. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Whilst we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for the App. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your App account.

3. My McDonald’s 

These terms generally describe the MyMcDonald’s Rewards program, and the Program Details contains more specific details and the latest updates to MyMcDonald’s Rewards. The Program Details can change from time to time. So be sure to read the Program Details for the latest details and news on MyMcDonald’s Rewards because we are constantly improving rewards and offering exciting new promotions. 

Eligibility and enrolment 

In order to enroll in the MyMcDonald’s Rewards program, you must register an account to use the Services. Customers who registered an account to use the Services prior to the launch of MyMcDonald’s Rewards program can enroll by continuing to use the Services on or after the launch date of MyMcDonald’s Rewards program. 

Offers
You have the possibility of benefiting from offers through the Services. The offers shall be redeemable at McDonald’s restaurants in Malta and Gozo, unless otherwise stated. The following general terms apply to the offers: 

  1. the offer may only be available through that particular Service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date; 
  2. serving times apply (e.g., certain non-breakfast offers may not be available at breakfast serving times); 
  3. unless otherwise stated each offer expires on redemption; 
  4. multiple offers can be redeemed at once however each offer can only be redeemed once per transaction; 
  5. offers are not transferable; 
  6. there is no cash alternative; 
  7. offers are only redeemable instore at the counter, kiosk or McDrive and not when using a delivery service; and
  8. only one account-holder shall be accepted per transaction, and it shall not be permissible for more than one account-holder to redeem offers or earn points in a single transaction. 
  9. At McDrive, offers and/or points may be claimed by one account-holder per car.  In addition, there may be specific terms that apply to the offer which are stated on the App next to the offer. 

How to redeem an offer
You redeem an offer when you place your order at the counter or kiosk by scanning the offer QR code. When redeeming your offer at Naxxar McDrive, make the order of the offer at the customer ordering point, just as you would do with any other order, and scan the QR code at the payment window. When redeeming your offer at MIA McDrive, please scan the QR code at the customer ordering point. The offer can be verified on the active order screen on the digital menu board before proceeding to the McDrive window.. If you do not follow this process at the time of purchase you will not be eligible to claim the offer. Premier Restaurants shall not be responsible for any attempts to claim offers at any time other than the time of purchase. 

How to earn points

You will earn points based upon the value of your qualifying purchase at the rate of 1 point for each €1. You earn points from a qualifying purchase at a participating restaurant when you place your order at the counter or kiosk by scanning your digital loyalty card; or at a Drive Thru by scanning the QR code at the ordering point or payment window, or by reading out the alphanumeric code to the crew member taking your order. If you do not follow this process at the time of purchase you will not earn points or have any recourse to claim the points. Premier Restaurants shall not be responsible for any attempts to earn points at any time other than the time of purchase.  There might be a delay before the points that you earn are added to your account. 

How to calculate the number of points you earn

The Program Details explain how to calculate the value of a qualifying purchase. Customers earn points based on their total spend. 10 Points are earned for every €1 spent at McDonald’s restaurants, for example, €15.00 = 150 points. The points are earned on the gross amount spent. In the event where the amount is not a whole number, it will be rounded up to the nearest point after €0.50, for example, €15.61 = 156 points. Remember that the Program Details can change, so make sure to review them before you make a purchase. 

Bonus campaigns or promotions

From time to time, we may offer bonus campaigns or points accelerators that allow you to earn points in new and different ways. Please check the Program Details for the latest ways to earn points.

Maximum points you can earn

Your account holds a maximum of 10,000 points (“Rewards Ceiling”) at any one time. If making a qualifying purchase will cause you to exceed the Rewards ceiling, you will not earn points above the Rewards Ceiling. The Program Details also explains other limits like how many times you can earn points in a particular day from qualifying purchases. 

Redeeming your points

You can redeem your points at participating restaurants for free products or a discount on a product from the Rewards Menu (“Redeemable Product(s)”). You must use the App to convert your points to an offer selected from the Rewards Menu.  

You redeem an offer when you place your order at the counter or kiosk by scanning the offer QR code or at a McDrive by reading by scanning the QR code at the ordering point or payment window, or by reading out the alphanumeric code to the crew member taking your order.

Rewards Menu 

The Program Details indicate which Redeemable Products are on the Rewards Menu and how many points are required for each Redeemable Product. The Rewards Menu has multiple Rewards Levels and multiple Redeemable Products on each Rewards Level, which can change from time to time. Be sure to check the Program Details for the latest Rewards Menu.

Point expiration

Points which have not been utilised shall expire twelve months after they are earned. Points shall expire on the last day of the twelfth month from being earned.

Refunds – Points

We shall be entitled to remove points at any time if products are returned for any reason and a full or partial refund of the purchase price is given. This also applies to the exchange of products, unless the exchange is for products with an equivalent points value.

Suspicious Activity – Points

We shall be entitled to take any action we consider appropriate, including removing or suspending your account and points accrued if we detect any suspicious activity concerning your account including but not limited to 

  1. engaging in illegal or fraudulent activities;
  2. supplying or attempting to supply false or misleading information, or making a misrepresentation to us or the participating restaurant; or
  3. selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward, benefit or points other than in accordance with these terms and conditions; or 
  4. excessive earning (via fraud or other means).

Miscellaneous. Points have no cash value. Points are not transferable, redeemable or assignable.

Refunds  – Loyalty Stamps

We shall be entitled to remove Loyalty Stamps at any time if products are returned for any reason and a full or partial refund of the purchase price is given. This also applies to the exchange of products, unless the exchange is for products included in the loyalty scheme.

 Suspicious Activity 

We shall be is entitled to take any action we consider appropriate, including removing or suspending your account and Loyalty Stamps accrued if we detect any suspicious activity concerning your account including but not limited to 

  1. engaging in illegal or fraudulent activities;
  2. supplying or attempting to supply false or misleading information, or making a misrepresentation to us or the participating restaurant; or
  3. selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward, benefit or points other than in accordance with these terms and conditions; or 
  4. excessive earning (via fraud or other means).

General 

You may only have one MyMcDonald’s Rewards account at any one time. 

You are responsible for updating any change of name, email or any other details as soon as practicable after the change. We are not responsible for any failure by the customer to update any details in accordance with this clause. 

We reserve the right to terminate the Loyalty Program if events beyond its reasonable control mean that it can no longer operate it. 

We reserve the right to not accept Offer Coupons / Loyalty Vouchers or Loyalty points if in its reasonable opinion the App, Offer Coupons / Loyalty Vouchers or Loyalty points has been tampered with or for any other reason in our sole and absolute discretion.

An account will terminate automatically on the death of the account holder. Points or Loyalty Vouchers earned but not yet redeemed will be cancelled. We will close the MyMcDonald’s Rewards account on notification of the account holder’s death. We will not be liable for any loss or damage whatsoever suffered by any person as a result of such cancellation.  

Premier Restaurants shall retain at all times ownership of all materials and advertising in connection with the Offer coupons, and/or Loyalty Program together with all intellectual property rights in and over the materials and advertising for Offer coupons, and/or Loyalty Program.

Taking part in the Loyalty Program amounts to acceptance of these terms and to their respective interpretation under the laws of Malta. Any dispute arising in connection with these terms and conditions shall be brought before the Courts of Malta.   

You agree that the following shall not be considered to be proper participation in the Offer coupons, and/or Loyalty Program:

  1. any purchase (including via a third party), sale, offer to sell, giving away or other dealing with the App or Offer coupons, and/or Loyalty Points save for as expressly permitted in these terms,
  2. any attempt to redeem any offer or points earned in the Loyalty Program through any medium other than directly at a McDonald’s restaurant-for the avoidance of doubt, offers or points may not be claimed when using third party delivery service providers (e.g. Bolt, Wolt),
  3. any use for any purpose whatsoever, save as expressly permitted in these terms, of McDonald’s and/or Premier Restaurants advertising, feature taken from such advertising, and/or of the intellectual property rights in or over such advertising, and
  4. any breach by you of these terms.

Nothing in these terms shall affect your statutory rights. We may (in our sole discretion) decline to enter into any correspondence save as otherwise stated in these terms.

All instructions, terms and conditions on any advertising or promotional materials relating to this Promotion form part of these terms although, in the event of conflict, these provisions shall prevail over all such other instructions, terms and conditions. Expressions which have been defined above shall have the same meanings when used in such other instructions, terms and conditions wherever the context admits.

Promoter: Premier Restaurants Malta Ltd, Nineteen Twenty Three, Valletta Road, Marsa MRS 3000 Malta. 

You may, at any time, cancel your account by selecting ‘Delete Account’ in the Profile section of the App.  Upon confirmation of cancellation, all accumulated offers, Loyalty Points / Loyalty Stamps, Loyalty Vouchers in your account will immediately expire. Accordingly, McDonald’s recommends that customers carefully plan all cancellations to avoid unintentional loss of accumulated points. Once expired, the points cannot be reimbursed. Premier Restaurants shall not be held responsible for any accidental cancellation of any customer account. 

 

You purchase products directly from restaurants. When you redeem offers or points, you redeem them directly with a participating restaurant and the contract for supplying the products will be between you and the Premier Restaurants (and not with McDonald’s Corporation nor any other Members of the McDonald’s System). The restaurant where you collect your products is responsible for preparing the products and providing them to you. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE PURCHASING DIRECTLY FROM PREMIER RESTAURANTS (AND NOT McDONALD’S CORPORATION OR ANY OTHER MEMBERS OF THE McDONALD’S SYSTEM) AND THAT NEITHER McDONALD’S CORPORATION NOR ANY OTHER MEMBERS OF THE McDONALD’S SYSTEM HAVE ANY RESPONSIBILITY ARISING OUT OF OR RELATED TO ANY PRODUCTS THAT YOU PURCHASE FROM PREMIER RESTAURANTS USING ORDERING.] McDonald’s Corporation (which is McDonald’s parent company), its subsidiaries, affiliates, their franchisees, agents, representatives, and agencies and their officers, directors, and employees are together, “Members of the McDonald’s System”.

About the products in the online services. All products are subject to availability at the restaurant where you place your order.  Some restaurants do not sell all products.  Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colours or factors such as the ingredients used, the supplier, the region of the country and the season of the year.  

About the prices in ordering. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of the product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference. 

Refunds and your consumer rights. If you desire to seek a refund for any reason, including if the products are unsatisfactory or for other reasons, please contact the restaurant where you purchased the product regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.

  1. Grant and scope of license
    1. In consideration of you agreeing to abide by the Terms, we grant you a non-transferable, non-exclusive license to use the App on the Devices, subject to the Terms, the Privacy Policy and the Appstore Rules, incorporated into the Terms by reference. We reserve all other rights.
    2. You may:
      1. download a copy of the App onto unlimited number of the Devices and to view, use and display the App on the Devices for your personal purposes only; and
      2. use the Documents for your personal purposes only.
  2. License restrictions
    1. Except as expressly set out in the Terms or as permitted by any local law, you agree:
      1. not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
      3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities: 
        1. is used only for the purpose of achieving inter-operability of the App with another software program;
        2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        3. is not used to create any software that is substantially similar to the App;
      5. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
      6. to include our copyright notice on all entire and partial copies you make of the App on any medium;
      7. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
      8. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together License Restrictions.
  1. Acceptable use restrictions
    1. You must: 
      1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
      2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by the Terms);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
      4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

together Acceptable Use Restrictions.

  1. Intellectual Property Rights
    1. Any and all rights in the App are and shall remain the exclusive property of Premier Restaurants or its licensors. For purposes of clarity, “App” includes any and all content on the App, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the App. The App is licensed, not sold, to you. Nothing in the Terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Premier Restaurants or its licensors’ rights. 
    2. Trademark information. Trademarks, service marks, and all graphical elements, including the look and feel appearing on the App, are distinctive and protected trademarks or trade dress of McDonald’s Corporation, Premier Restaurants, or licensors. The App may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
  2. User submissions and unsolicited ideas 
    1. User submissions. The App may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Premier Restaurants through the App (together, “submissions”). You understand that by submitting any information to Premier Restaurants through the App, you grant Premier Restaurants a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Premier Restaurants will not be required to treat any submissions as confidential.
    2. Unsolicited ideas. It is Premier Restaurants’ policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Premier Restaurants, we’re unable to review new ideas from outside Premier Restaurants. You expressly waive any and all claims against Premier Restaurants and Premier Restaurants affiliated companies in connection with Premier Restaurants’ consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.
  3. Limitations on liability and disclaimers
    1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
    2. We only supply the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. PREMIER RESTAURANTS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE APP. NOTHING IN THIS SECTION IS INTENDED TO LIMIT PREMIER RESTAURANTS’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY PREMIER RESTAURANTS’S OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. 
    4. Premier Restaurants reserves all legal rights to recover damages or other compensation under the Terms or as allowed by law.
    5. Premier Restaurants provides the App “AS-IS” and without any warranties. The App may include inaccuracies or errors. 

PREMIER RESTAURANTS PROVIDES THE APP “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. PREMIER RESTAURANTS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PREMIER RESTAURANTS DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OF THE APP WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE APP. YOUR SOLE REMEDY AGAINST PREMIER RESTAURANTS FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP.  

    1. The App may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Premier Restaurants does not endorse and is not associated with any of these third party services. PREMIER RESTAURANTS HAS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES. 
  1. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms:
      1. our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. we will use our reasonable endeavours to find a solution by which our obligations under the Terms may be performed despite the Event Outside Our Control.
  2. Termination
    1. We may terminate your use of the App immediately by written notice to you:
      1. if you commit a material or persistent breach of the Terms which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
      2. if you breach any of the License Restrictions or the Acceptable Use Restrictions; and
    2. On termination for any reason:
      1. all rights granted to you under the Terms shall cease;
      2. you must immediately cease all activities authorised by the Terms, including your use of any Services; 
      3. you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so; 
    3. Notwithstanding the above, the Terms will continue to apply to your prior use of the App and anything relating to or arising from such use. Upon termination, all of rights of Premier Restaurants, including all intellectual property rights, proprietary rights, and licenses in the Terms shall survive, as well all restrictions on use, all limitations on liability and disclaimers.
  3. Apple Applications
    1. The Terms incorporate and supplement the Apple, Inc. (“Apple”) terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including the Licensed Application End User terms therein (“Apple terms”). If you are using the App through Apple application (“Apple Application”), you also acknowledge and agree:
      1. Apple has no obligation at all to provide any support or maintenance services in relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact Premier Restaurants, not Apple, using the above Support Services details; 
      2. except as otherwise expressly set out in the Terms, any claims relating to the possession or use of the Apple Application are between you and Premier Restaurants (and not between you, or anyone else, and Apple); and
      3. in the event of any claim by a third party that your possession or use (in accordance with the Terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
    2. If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. 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 the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.
  4. Miscellaneous
    1. Premier Restaurants makes no representation that the App is appropriate or available outside of Malta. If you use the App from other locations you are responsible for compliance with applicable local laws. 
    2. The Terms will be governed and interpreted pursuant to the laws of Malta, notwithstanding any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the competent courts in Malta for purposes of any legal action arising out of or related to the Terms or the App.
    3. Although the Terms govern the use of the App and the Services as between Premier Restaurants and you only (and although Apple is not a party to the Terms), Apple are third party beneficiaries under the Terms and will have the right to enforce against you those rights that Premier Restaurants holds under the Terms to the extent such terms may pertain to them; there are no other third beneficiaries under the Terms.
    4. Each of the terms and conditions in the Terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.
    5. If Premier Restaurants fails to insist that you perform any of your obligations under the Terms, or if Premier Restaurants does not enforce its rights against you, or delays in doing so, that will not mean that Premier Restaurants has waived its rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 
    6. Premier Restaurants may transfer its rights and obligations under the Terms to another organization or entity, but this will not affect your rights or our obligations under the Terms. You may only transfer your rights or obligations under the Terms to another person if Premier Restaurants agrees in writing.