QORUM TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) constitute an agreement between (“Qorum”, “we”, “us” or “our”) and you, and govern your use of the Qorum website (“Site”), application (“App”), and all software and services that we offer through the Site and App (collectively referred to as the “Services”).
By accessing the Services you are accepting the Terms. If you do not agree with the Terms, please delete the App from your device and discontinue your use of any Services. Your continued use of the Services signifies your acceptance of the Terms.
1. HOW THE SERVICE WORKS
Bar Tab Charges – If you allow this setting in the app, a bar tab will be opened on your account as soon as you walk into one of the member establishments. Your tab will be closed and the credit card which you provided for us to have on file will be charged for the tab amount when you manually close your tab at the establishment or automatically when you walk out of a venue.
Uber Credits – You will earn a $10 Uber credit if you remain in the same member establishment for ninety (90) minutes or more after your first Order. An Order may be for any item over $3 sold at the member establishment.
2. AMENDING THESE TERMS
We may amend these Terms from time to time. The most current version will always be available at www.qorum.com/privacy-policy-tos. If we believe an amendment is material, we will notify you by a notification through our Services and/or by emailing the email address you provided to us, if you have provided one. By continuing to access or use the Services after an amendment becomes effective, you agree to be bound by the amended Terms.
3. AGE LIMITATION
By downloading the App and using the Services, you represent that you are over the age of 21 years. If you are not 21 years of age, you are prohibited from using the Services. Please delete and do not use the App.
4. USE OF SERVICES
Unless otherwise specified, the Services are for your personal use. You may not access or use the Services in a manner that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights) or encourage similar conduct in others;
- is unlawful, fraudulent, or deceptive;
- uses technology or other means, including “robots,” “spiders,” or “offline readers”, to access our content, systems, or user accounts, without authorization;
- attempts to damage, disable, overburden, or impair our servers or networks;
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; or
Subject to the Terms, Qorum grants you a non-exclusive, non-transferable, limited, and revocable license to access the Services for your personal use only (“Your License”). Qorum reserves the right, in its sole discretion, to terminate Your License or any services provided to you and to assert legal action with respect to your use of the Services that Qorum reasonably believes is or might be in violation of the Terms, additional terms and conditions, or other Qorum policies.
6. OUR RIGHTS
The content, any materials downloaded, and all intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by us or third parties who have granted us the rights to use them. All rights, title, and interest in these remain the property of Qorum and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized only to view and retain a copy of the pages of the Services for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Services or any portion of the Services, for any public or commercial use without our express written consent. Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Services (or printed pages produced from the Services), and (ii) will not make any other modifications to any documents obtained from this Services other than in connection with completing information required for your use of the Services.
- USER SUBMISSIONS
By submitting, posting, or displaying through the Services any information which is not personally identifiable or to public areas of the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such information in any and all media or distribution methods (now known or later developed) and use such information without any consideration to you.
8. THIRD-PARTY LINKS
9. SERVICES ARE PROVIDED “AS IS”
You understand and agree that the information and materials in the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Qorum does not warrant the accuracy, adequacy, or completeness of this information and materials and expressly disclaims liability for errors or omissions in them. We make no warranties or representations that: (i) information in the Services is accurate or complete; (ii) the functions contained in the Services will be uninterrupted or error-free (iii) that any messages you send through the Services will be delivered; or that (iv) your access or use of the Services will not result in any harm to your computer system, loss of data, or other harm.
Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
10. SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS
At times you may experience difficulty accessing the Services or communicating with Qorum through the Internet or other electronic wireless services as a result of high Internet traffic, transmission issues, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or Qorum’s, can experience unanticipated outages or slowdowns or have capacity limitations. Qorum makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service on your device.
Use of the Services requires a device with an active Internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Qorum cannot take responsibility for the Services not being available if you don’t have access to Wi-Fi or data. If you are using the Services outside of an area with Wi-Fi, your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Services, or other third party charges. In using the Services, you accept responsibility for any such charges, including roaming data charges if you use the Services outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you are using the Services, please be aware that we assume that you have received permission from the bill payer to use the Services.
11. PROTECTING YOUR DEVICES AND ACCOUNT
Qorum makes no warranty whatsoever to you, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Qorum is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.
12. LIMITATION OF LIABILITY
The provisions of this Section apply up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the limitation of liability in contracts, and as a result the contents of this Section may not apply to you. Nothing in this Section is intended to limit any rights you may have which may not be lawfully limited.
IN NO EVENT WILL QORUM, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE SERVICES OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF QORUM OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES.
You agree to indemnify, defend, and hold harmless Qurom, its officers, directors, employees, agents, partners, representatives, and licensors (the “Indemnified Parties” and each an “Indemnified Party”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms (including negligent or wrongful conduct) by you, (ii) your use of the Services, or (iii) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
- APPLICABLE LAWS
Your use of these Services shall be governed in all respects by the laws of Delaware, USA, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Services shall be exclusively in the state or federal courts located in Delaware. Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
15. ACCESS FROM OVERSEAS
We make no representation that the Services are appropriate or available for use in other locations, and access to them from territories where the Services are illegal is prohibited.
16. DISPUTE AND CLASS ACTION WAIVER
By using the Services, you agree that any and all disagreements or disputes that you may have related to a bar tab or bar tab charges may only be resolved with the relevant member establishment and not with Qorum.
Any disputes with Qorum may only be resolved on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
18. CONTACT US
If you have any questions about these Terms or the Services, please contact us at:
The Terms were last modified on December 18, 2017.
This Policy does not apply to the practices of companies that we do not own or control or to individuals that we do not employ or manage.
By accessing the Services you are accepting the terms described in this Policy. If you do not agree with this Policy, please delete the App from your device and discontinue your use of any Services. Your continued use of the Services signifies your acceptance of this Policy.
1. HOW WE COLLECT YOUR INFORMATION
When you use the Services, we collect information in three ways: (1) when you provide it directly to us, (2) passively through technology such as “cookies,” and (3) when we obtain information about you through trusted third parties (e.g. third-party analytics or advertising providers).
Information about your Activities in Participating Venues: If you use the in-App payment Service, we collect information such as the name and address of each bar or other business establishment that has contracted with Qorum to participate in the Services, (which we will refer to in this document as a “participating venue”) which you visit, how long you stay at such venue, the food and beverage items that you order while there, and the amounts that you spend on those items. We may also collect information related to your use of the Services to request a ride from Uber, such as the date and time of your rides and ride history. We share this information together with your name, email address, photo, relationship status, birth date, and gender with the participating venues as well as with third parties, including alcohol distributors, to use for their marketing or other uses/purposes (see “How we share your information” below). If you do not wish your information to be shared in this manner, you may close your account (see “Your choices about your information” below)
Location Information: When you enter a participating venue, we collect your precise location information as then at the venue, including the venue address and name. If you choose the “automatic check in” setting in the App, your status as being present in the venue, along with your photo, will be visible to anyone who clicks this venue on the App. If a person using the App is your contact on social media, they will also be able to see your name. If you choose not to provide use with permissions to access your social media information, you will not be able to use the “check in” function on the App.
Your status as present in the venue will disappear when you leave the venue. If you do not wish to have your location information shared with other users of the App, you may opt-out of this setting in the App settings. Please note that if you choose to not be visible to use users of the App, you will not be able to see the locations of other users of the App either. Also, if you opt out of having your location be visible to other users this will not affect our sharing of information with venue proprietors or other third parties as set forth below (see “How we share your information” below).
We share your location and check-in information with the participating venues as well as with third parties, including alcohol distributors, to use for their marketing or other purposes (see “How we share your information” below). If you do not wish your information to be shared in this manner, you may close your account (see “Your choices about your information” below)
If you use the App to request a ride from Uber, we collect information such as your originating location and your destination. This precise location is determined using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses.
Payment Information: If you use the in-App payment Service, we may collect information such as your credit card information and your transaction history (e.g., the name and location of the venue to which bar you are making a payment and the times and amounts of those transactions). We use Stripe, a third party provider, to process your payment card information and do not get any access to the payment card data.
We may combine personal information from one source with information, including personal information, from other sources.
In addition we collect the following information:
Information you provide:
Use of the Site without an Account: You are not required to create an account to browse the Site. When you use the Site, even without creating an account, we still collect information from you as described in the “information collected automatically” section.
Account Information; Social Media Log-in: To use our Services, you will need to create an account, and we collect information such as your name, email address, telephone number, and physical address. If you use the option to log in with social media we will receive the information included in your public profile, such as your social media handle, a profile picture, your gender, country, and language as well as date of birth, relationship status, and current city of residence. If you choose not to provide us with permissions to access such social media information, you will not be able to use the “check in” function on the App.
Venue Account: If you represent a venue that at any time chooses or has chosen to participate in the Services you will be required to create a venue account. For venue accounts, we collect information such as the venue name, the venue accountholder’s name and title, the type of point-of-sale system the venue uses, and contact information.
Newsletter: If you choose to receive our newsletter, we store any information that you choose to provide, including your preferred method of contact, and any questions, comments, or feedback you may send us
Information you share through the services: When you send information through the Services, such as when you share your photos with the community, comment on a blog or offer a testimonial, we receive this information. Please keep in mind that blogs and testimonials are located in the public areas of our Services and everyone can see them. If you provide a testimonial, your name will be posted along with the testimonial. Please do not send messages or share content that you would not want others to save or share.
Technical Support: If you experience any problems with the Services and choose to contact us for technical support, we may need to collect information in order to assist you.
Communications: We may collect any other information that you communicate to us, your mobile device number, survey responses or other correspondence.
Information collected automatically:
Usage Information: We automatically collect certain information about your presence in and purchases at participating venues (see “Information about your Location and Activities in Participating Venues”) as well as other information automatically through your use of the Services, such as which of the pages on our Site that you access, how you use the App, the frequency of access, and what you click on while on our Site or in the App.
Device Information: We collect information about the device you are using, such as hardware model, operating system, application version number, browser, and IP addresses.
Mobile Device Information: In addition to the Device Information listed above, when you access our Site via a browser on your mobile device or use the App, we may collect mobile network information including telephone number, the unique device identifier assigned to that device, mobile carrier, operating system, and other device attributes.
Information collected from third parties:
We may combine personal information from one source with information, including personal information, from other sources. In addition, our third-party providers or their respective third-party providers may combine information about you that we share with them with other information related to you that they collect from publicly available sources (e.g. Internet, social networks, or public or licensed APIs) or from third parties who license, sell, or otherwise provide data they have collected.
Google Remarketing: We may also use Remarketing with Google Analytics to advertise online. Third parties, including Google, may show ads on websites across the internet. This Site and third parties, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our Site and report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to this Site.
Facebook: If you choose to log in to your account using Facebook, the Facebook Graph Application Programming Interface (“API”) will provide us with certain information, such as your name, email address, relationship status, date of birth, or gender.
Mixpanel: We may use services offered by Mixpanel to collect information such as how you interact with the App (e.g. what venues you’re searching, how long you spend on a page etc.); the city in which you are using the App; information about your device, such as your operating system and browser; and IP addresses. To opt out of the collection of this information, please visit https://mixpanel.com/optout.
2. HOW WE USE YOUR INFORMATION
We use the information we collect, including personal information or information that with other information may identify you, in the following ways:
- to provide you with the Services that you request, such as facilitating payment of your bill at a venue or requesting a ride from Uber;
- to serve you with relevant online advertisements;
- to improve the Services and your experience with them,;
- to provide technical support for using the Services;
- to develop new products and services;
- to communicate with you about the Services by email or notifications within the App, which you agree to receive, including service-related emails (e.g., changes/updates to features of the Services and technical and security notices);
- to prevent or detect fraud;
- for any other legitimate business purpose.
3. HOW WE SHARE YOUR INFORMATION
We may share information collected about you as follows:
Venue proprietors: when you “check into” a participating venue, you will be logged as having entered the venue. Consequently, your name, photo, and if you provided permission for this, also your age, current city of residence, your check-ins and ratings of other participating venues, together with itemized information about all of your food and beverage purchases, the duration of your visit and the amounts you paid, will be shared with the venue proprietors.
Targeted Advertising: when you “check into” a participating venue, itemized information about all of your food and beverage purchases, the venue you visited, the time and duration of your visit and the amounts you paid will be shared with third party advertisers and alcohol distributors along with your email address and/or mobile device advertising ID.
In addition, we allow our authorized service providers, advertising companies, and ad networks, to use tracking technologies like cookies and web beacons to collect information about users who use the Services. The tracking technologies allow the third parties to deliver targeted advertisements of our products and services on other websites or on social media networks and gauge their effectiveness. To learn about your choices regarding this sharing of your information please see “Your choices about your information” section below.
We also share your information as follows:
- with service providers, including hosting and storage providers, to perform functions and process your data and to help provide our Services;
- with Stripe and its affiliates to process transactions in connection with your use of our Services;
- with analytics providers to help us understand your use of our Services;
- within our corporate family, such as with subsidiaries, joint ventures, or affiliates, to the extent permitted by law;
- with third parties, including buyers or service providers if we are involved in a sale, divestiture, or transfer involving all or a portion of the company or its products or services including: corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, or similar transactions or proceedings. In these situations, information such as customer names and email addresses and other user information related to the Services may be among the items sold or otherwise transferred; and
- with other third parties, but only if you consent or direct us to do so.
Additional service provider sharing: In addition to using your information to help us with providing our Services, service providers may use your personally identifiable information internally to improve their own services and may share it in connection with a sale, divestiture, or transfer of business assets or to protect their rights or to comply with the law. In addition, our providers may share your personally identifiable information with their own third-party service providers.
We may share, at our discretion, information that has been anonymized so that it does not identify a specific user through de-identification or aggregation (“De-Identified Data”), and we do not limit our third-party providers from using, selling, licensing, distributing, or disclosing De-Identified Data.4. HOW WE STORE AND PROTECT YOUR INFORMATION
We take reasonable precautions to protect your personally identifiable information. Please keep in mind that the Internet is not a 100% secure medium for communication, and we cannot guarantee that the information collected about you will always remain private when using the Services.
5. YOUR CHOICES ABOUT YOUR INFORMATION
Location information: If you do not wish to have your location information shared with other users of the App, you may opt-out of this setting in the App settings. Please note that if you choose to not be visible to use users of the App, you will not be able to see the locations of other users of the App either. Also, if you opt out of having your location be visible to other users this will not affect our sharing of information with venue proprietors or other third parties as set forth below (see “How we share your information” above).
Information about your Activities in Participating Venues – We share information about your purchases in participating venues (see “Information about your Activities in Participating Venues” above). If you do not wish for this to be shared with third parties, you may close your account (see “Close your Account” below).
Advertising, Cookies and Tracking: You may stop using the Services and uninstall the App at any time. When you uninstall the App, we will no longer collect information from you, unless you choose to provide it, for example, by sending us an email. We will retain personally identifiable information about you for as long as necessary in order to provide any Services you have requested. We will retain and use this personally identifiable information only as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and then delete it.
Even if you uninstall the App, keep in mind that deletion of your personally identifiable information by third parties to whom the information had been provided may not be immediate and that the deleted information may persist in backup copies for a reasonable period of time (but will not be available to others). Also, information that had already been shared with or disclosed to third parties may not be deleted by them.
For any privacy or data-protection-related questions, please firstname.lastname@example.org.
You can understand which third parties have currently enabled cookies for your browser or mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative’s website at http://optout.networkadvertising.org/#!/ ; or the Digital Advertising Alliance’s website at http://optout.aboutads.info/#!/ from your browser. For more information on mobile specific opt-out choices, please visit http://www.networkadvertising.org/mobile-choices. and from your mobile device
On your mobile device you may also select “Limit Ad Tracking” (on iOS devices) or “Opt out of Interest-Based Ads” (on Android).
Even if you disable the tracking, keep in mind that you may still receive interest-based advertising, including from third parties with whom your information had been previously disclosed and that you may still receive advertising from third parties, though such advertising may not be based on your interests and preferences.
Emails: You can stop receiving promotional email communications – such as our newsletter – from us by clicking on the “unsubscribe link” provided in such communications. We make efforts to promptly process all unsubscribe requests. You may not opt out of Service-related communications (e.g. purchase and billing confirmations and reminders, changes/updates to features of the Services, and technical and security notices). If you have any questions about Service-related communications or unsubscribing from our communications, you can contact us email@example.com. Unsubscribing or opting out of communications with us will not stop communications you receive from third parties separately. Please review their terms and conditions for relevant options for opting out of their communications.
Closing your Account: You may stop using the Services and uninstall the App at any time. When you uninstall the App, we will no longer collect information from you, unless you choose to provide it to us, for example, by sending us an email.
6. CHILDREN’S PRIVACY
Use of the Services is limited to individuals aged 21 years and up. Qorum does not knowingly collect or solicit any information from anyone under the age of 13. In the event that we learn that we have collected personally identifiable information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us firstname.lastname@example.org
7. LINKS TO OTHER WEB SITES AND SERVICES
We are not responsible for the practices employed by websites or services linked to or from the Services, including the information or content contained in such websites or services, and this Policy does not apply to them. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. Please read the terms of such websites carefully and exercise care when providing your personally identifiable information.
8. BROWSER DO NOT TRACK
Our App does not support Do Not Track (DNT) at this time. DNT is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites. For more details, including how to turn on Do Not Track, visit www.donottrack.us.
9. CROSS BORDER TRANSFER
Qorum transfers, processes, and stores information about you on servers located in the United States. Therefore, your information may be transferred to, stored, or processed in the United States, whose data protection, privacy, and other laws may not provide the same level of protection as those in your country of residence. For example, government entities in the United States and other countries may have certain rights to access your personally identifiable information.
By using the Services you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and to those third parties with whom we share it as described in this Policy.
10. YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to: email@example.com.
11. CONTACT US
If you have any questions about this Policy or the Services, please contact us at:
We may make changes to this Policy from time to time, in our sole discretion. When we make changes we deem material we will provide you with prominent notice as appropriate under the circumstances, e.g., through the Services or by sending you an email. In some cases, we will notify you in advance of the changes taking effect. Your continued use of any of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Policy, please cease using the Services.