VENUE TERMS & CONDITIONS

2.4. If necessary for the performance of the Service, you shall permit the EPoS supplier, Maîtres or any other person, firm or company that the EPoS supplier or Maîtres has a service agreement to do so, to install Applications on the EPoS.

2.5. Training shall be provided (i) in person at such times and dates as are mutually agreed between you and Maîtres, or (ii) via an online e-learning module, where it is at the sole discretion of Maîtres to decide which method of Training to apply as well as whether Maîtres or any other person, firm or company that Maîtres has an agreement with for such service, is performing the Training.

2.6. You agree to provide the Staff with further training in relation to the Services as reasonably required by Maîtres from time-to-time.

2.7. You shall cooperate with Maîtres and provide to Maîtres all information that Maîtres reasonably requires in order to provide Support on the Service.

2.8. Despite Maîtres objective to make the Service available 24 hours a day throughout each year, this is not guaranteed.

2.9. You accept that the Service may be temporarily unavailable at any time for required updating, maintenance or repair or for other reasons beyond Maîtres’s control. Wherever reasonably possible Maîtres will give email notice in advance of any scheduled maintenance or repair.

2.10. If you experience any difficulty using the Service, and unless not agreed otherwise during the Term of this agreement in writing, you should contact us by email to support@maitres.com and we shall endeavour to respond to your enquiry.

2.11. You agree that Maîtres may refer to you on the Service and in any of its advertising and promotional materials.

2.12. An agreement (in writing or verbally) shall be taken between Maîtres Sweden AB and Vendor Partner if Maîtres Sweden AB wish to display promotional materials provided by Maîtres in relat

2.13. You shall not, or knowingly allow others to, reverse engineer, decompile, disassemble, modify, adapt, create derivative works from or otherwise attempt to derive source code from the Service.

2.14. Maîtres may change, suspend or discontinue the Service at any time, including the availability of any service, feature or content. We will not be liable to you if for any reason the Service changes or is unavailable at any time or for any period.

3. SPECIFIC LISTING AND CONTENT TERMS

3.1. You agree to Listing your Venue on the Service.

3.2. You agree to follow all rules and guidelines of Maîtres for Listing as we may provide to you from time-to-time.

3.3. Maîtres makes no representations regarding the rank, location and prominence of any Listing and has the sole right to determine whether and where a Listing will be displayed on the Service in response to a given search or otherwise.

3.5. The content of your Listing must not:

3.5.1. breach applicable regulations relating to advertising and consumer rights;

3.5.2. promote under-age or excessive consumption of alcohol;

3.5.3. be false, misleading,defamatory or threatening;

3.5.4. contain anything that is offensive, illegal, sexually explicit or obscene;

3.5.5. infringe any copyright, trademark, database right, patent, trade secret or other proprietary right of any third party; or

3.5.6. contain any viruses or any other code, files or programs designed to damage, interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

3.6. Maîtres reserves the right (but without obligation) to remove all or part of any Listing if it believes that it is not in accordance with clause 3.5.

4. SPECIFIC PAYMENT PLATFORM AND DASHBOARD TERMS

4.1. Maîtres will use Stripe (”Payment Platform Partner”) to process payments and certain User statistics for your Venue(s) on Maîtres Payment Platform, and for such services you as a Venue Partner are subject to the ”Stripe Connected Account Agreement” (see https://stripe.com/se/connect-account/legal), which includes the ”Stripe Terms of Services” (see https://stripe.com/se/legal) (collectively, the “Stripe Services Agreement”). By agreeing to this Venue Partner Agreement or continuing to operate as a Venue Partner on Maîtres, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Maîtres enabling payment processing services and certain User statistics through Stripe, you agree to provide Maîtres accurate and complete information about you and your business, and you authorize Maîtres to share it and transaction information related to your use of the payment processing services and User statistics provided by Stripe.

4.2. You authorise Maîtres of the charging and collecting payments from Users in respect of transactions through the Payment Platform to act on your behalf and take all measures as may be required to collect payments from Users. You agree to evidence, record, and ensure that payment will be collected from Users and shall provide such evidence or record on Maîtres’s reasonable request.

4.3. In order to Listing your Venue on the Service and receive payments from your Users via Maîtres Payment Platform you are required to:

4.3.1. provide Maîtres with certain information as requested by Maîtres in order for Maîtres to create your account (the “Account”); and

4.3.2. pay the Service Fees in accordance with clause 5.

4.4. You acknowledge and agree that the individual who registers your Account with Maîtres has capacity to bind you to these T&C and to enter into these T&C on your behalf.

4.5. You are responsible for ensuring that any information that you upload onto the Account or otherwise provide to Maîtres about your Venue, services, products or otherwise, is accurate and up to date at all times.

4.6. You are responsible for all activities that occur under your Account (including the actions of your agents, employees, representatives) whether or not you authorise such activities.

4.7. You are responsible for ensuring that:

4.7.1. all usernames and passwords for the Account, and other account information, are kept confidential and secure; and

4.7.2. you notify Maîtres if you have security concerns in relation to your Account.

4.8. You agree that Maîtres will not be held responsible or liable for the deletion or failure to store any content uploaded by you to the Account.

5. SERVICE FEES

5.1. For the Service you shall pay to Maîtres Service Fees as per a defined Pay-out Structure, both defined and agreed between you and Maîtres in a separate contract form, where these T&C will be an integral part of such last dated contract form (”Contract Form”).

6. INTELLECTUAL PROPERTY

6.1. You warrant that you are the owner or licensee of all trademarks, logos, trade names, text, images and other materials that you upload to the Account or otherwise provide to Maîtres to use in your Listing (“Venue Content”).

6.2. You grant Maîtres a royalty-free, transferable, sub-licensable, worldwide right and licence to use, display, reproduce, compile, and distribute any of the Venue Content throughout or in connection with your Listing, including on Maîtres’s Web and App, and on any of its advertising and promotional materials and brochure documentation in any media.

6.3. Maîtres acknowledges your right, title, and interest in and to the Venue Content. You reserve any rights in and to Venue Content not expressly granted in these T&C.

6.4. The Service and all trade marks, logos, trade names, text, images and other materials and interactive features used on or in connection with the Service (excluding Venue Content) and all intellectual property rights to the same (“Maîtres Content”) are owned by Maîtres, its licensors, or both.

6.5. You do not acquire any right, title or interest in any Maîtres Content and shall not use any Maîtres Content except as expressly permitted under these T&C. Maîtres reserves any rights in and to Maîtres Content not expressly granted in these T&C.

6.6. Each party acknowledges and agrees that its use of the other’s trade marks will not create in such party any right, title or interest in such trade marks and that all such use of the trade marks of the other party and the goodwill generated thereby will inure to the benefit of the other party.

7. INSURANCE

7.1. You represent and warrant that you have, and shall maintain at your expense and at all times while you are listed on the Service and for twelve months thereafter, adequate public and premises liability insurance policies.

8. REPRESENTATIONS AND WARRANTIES

8.1. Each party represents and warrants to the other party that:

8.1.1. it has the full right, power, and authority to enterin to this Agreement;

8.1.2. it has obtained and shall maintain all necessary licences, authorisations, approvals, and consents to enter into and perform its obligations set out in this Agreement; and

8.1.3. it shall comply with all applicable laws, rules and regulations, including applicable privacy and data protection laws.

9. INDEMNITY

9.1. You shall defend, indemnify and hold harmless Maîtres, from any and all damages, liabilities, costs, claims and expenses, including, without limitation, reasonable legal fees and costs, that may arise from your participation as a Venue Partner on the Service or your breach of any of these T&C.

10. DISCLAIMER

10.1. We provide the Service on an “as is” and “as available” basis with all faults. You agree that your participation as a Venue Partner on the Service is at your own risk.

10.2. To the maximum extent permitted by law, we disclaim any and all implied conditions and warranties that the Service is of satisfactory quality, accurate, fit for a particular purpose, or non-infringing.

11. LIMITATION OF LIABILITY

11.1. Any liability of Maîtres arising out of or in connection with these T&C (whether in tort (including negligence and breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise) shall be limited to the amount you have paid to Maîtres for your participation as a Venue on the Service in the three (3) month period before the event which caused the damage occurred.

11.2. In no event shall Maîtres be liable, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise for any:

11.2.1. loss of profits or revenues, loss of goodwill, defamation or loss of or damage to data (whether direct or indirect), or

11.2.2. indirect, incidental, special, punitive or consequential loss or damage of any nature whatsoever arising out of or in connection with any aspect of your participation as a Venue on the Service, whether or not Maîtres has been apprised of the possibility of such loss or damage.

11.3. Nothing in these T&C will limit or exclude the liability of Maîtres:

11.3.1. for death or personal injury caused by its negligence;

11.3.2. for fraud or fraudulent misrepresentation; or

11.3.3. in respect of any other liability which cannot be limited or excluded by applicable law.

12. TERMINATION

12.1. These Terms & Conditions will remain in effect in conjunction with and together with the Venue specific Vendor Partner Agreement.

12.2. Maîtres may, in its sole discretion, suspend or terminate, partial or in full, your Service at any time. All decisions made by Maîtres in this matter will be final and you agree that Maîtres shall have no liability to you or anyone else with respect to such decisions. No Venue shall have any vested right or enforceable interest to participate in the Service.

13. GENERAL

13.1. You agree that Maîtres may at any time update or modify these T&C, as appropriate or necessary. In the event that Maîtres modifies these T&C, Maîtres will send notice to you at the email address it has on file. Your continued participation as a Venue on the Service after the posting of modifications to these T&C will signify your assent to and acceptance of the new T&C. Please review our Sites frequently to see any notified updates or changes to these Terms.

13.2. Although Maîtres may refer to you as a Venue Partner or the like, nothing in these T&C is intended or should be construed to create a joint venture, partnership, franchise, agency or similar legal arrangement between Maîtres and you or any Venue.

13.3. These T&C constitute the entire agreement between the parties regarding their subject matter. Each party acknowledges that in entering into these T&C it does not rely on, and shall have no remedy in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these T&C. Nothing in this clause shall limit or exclude any liability for fraud.

13.4. You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under these T&C without our prior written consent.

13.5. In the event that the business and assets of Maîtres is acquired by a third party, we may transfer any or all of our rights and obligations under these T&C to that third party. We may also transfer any or all of our rights and obligations under these T&C in the event of a corporate group re-organisation to any member within our group of companies.

13.6. Maîtres may give general notices and specific notices via email to you at the email address it has on file, and you agree to be bound thereby. You may give notice to Maîtres by email to contact@maitres.com, or otherwise by post or other next working day delivery service or in person.

13.7. No failure or delay by a party to exercise any right or remedy provided under these T&C or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

13.8. If any provision (or part of a provision) of these T&C is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal for any reason, the parties agree that only that part of the provision shall be stricken and that the remaining provisions of these T&C shall remain in force.

13.9. No person other than a party to these T&C and its permitted assignees shall have any right to enforce any of its T&C.

13.10. These T&C and any dispute or claim arising out of or in connection with these T&C or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Sweden.

13.11. You and Maîtres irrevocably agree that the courts of Sweden shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&C or their subject matter or formation (including non-contractual disputes or claims).