This version in effect since June 2022.
Acceptance
Keg Restaurants Ltd., its franchisees, affiliates and subsidiaries (“The Keg”, “we”, “our”, or “us”) provides the website: https://thekeg.com (the “Website”) subject to your compliance with these Terms of Use as well as The Keg’s Privacy Policy available at: https://thekeg.com/en/privacy-policy. By accessing, using or downloading information or content from the Website you represent that you have read and understand these Terms of Use and you agree to be bound by these Terms of Use.
If you do not agree to be bound by these Terms of Use, please do not access or use the features of the Website. In addition, when using particular services or materials on the Website, you shall be subject to any posted rules or guidelines applicable to such services or materials, which may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
Modifications to the Terms of Use
We reserve the right to change these Terms of Use at any time. We will do so by posting revised Terms of Use on the Website. The date of the version of these Terms of Use is stated at the top of the page. Please review the Terms of Use periodically. Your continued use of the Website following the posting of changes to these Terms of Use will mean you accept those changes. We recommend that you print a copy of these Terms of Use for your records.
Modifications or Changes to the Website
We reserve the right, in our sole discretion, to either modify or discontinue the Website, including any of the related features, at any time with or without notice to you. We will not be liable to you, or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Website shall also be subject to these Terms of Use.
Copyright and Restrictions on Use
The materials on the Website as well as its photographs, images, layout, organization and design are copyrighted and are protected by worldwide copyright laws and treaty provisions. Material from the Website (the “Materials”) may not be copied, distributed, republished, uploaded, posted or transmitted in any way, without the prior written consent of The Keg and The Keg Rights Limited Partnership (except you may display on your computer, download and print the contents of the Website for your personal or educational, non-commercial internal use provided that you attribute ownership of such content to The Keg and The Keg Rights Limited Partnership). Modification or use of the Materials for any other purpose violates copyright, trademark and other laws. Except as otherwise described, all the Materials on the Website are made available only to provide information. Neither title nor intellectual property rights are transferred to you by your use or download of the Materials from the Website and shall remain with The Keg and The Keg Rights Limited Partnership who own full and complete title to all Materials on the Website. The Keg controls the Website from its headquarters in British Columbia, Canada and makes no representation that the Materials are appropriate or available for use in other locations. If you use the Website from other locations, you are responsible for compliance with applicable local laws. We do not warrant or represent that your use of the Materials will not infringe the rights, including without limitation intellectual property rights, of third parties.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. The services and information described on the Website are available only in jurisdictions where they may be legally provided. When using the Website, you agree to abide by the following standards:
You will obey all applicable laws and regulations;
You will not submit any content (privately or publicly) via forms on the Website, to our external social media sites, or to emails published on the Website that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals for any reason, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and/or
impersonates any person or entity, including any of our employees or representatives.
In addition, you agree as follows with respect to your use of the Website:
not to alter or modify any part of the Website;
not to bypass, disable or otherwise interfere with any security-related features of the Website or features that prevent or restrict use or copying of any Website content or enforce limitations on use of the Website or the Website content;
not to take any action that imposes or may impose (as determined by The Keg in its sole discretion) an unreasonable or disproportionately large load on The Keg’s (or its third party providers’) infrastructure;
not to use or launch any system that accesses the Website automatically or to install or transmit any computer program or software on or via the Website;
to act in a respectful and conscientious manner when using the Website;
not to use the communication systems provided by the Website for any commercial solicitation purposes, except for as expressly permitted by the Keg;
not to solicit, for commercial purposes, any users of the Website;
that you are not entitled to remuneration or compensation of any kind from us for your use of the Website; and
not to use the Website for any commercial purpose not intended to be allowed by the Website without our prior written consent, including but not limited to:
i. the sale of access to the Website;
ii. the sale of advertising, sponsorships, or promotions placed on or within the Website or its content; and/or
iii. the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Website content (other than your user content) delivered via the Website, unless other material not obtained from us appears on the same page and is of sufficient value to be the basis for such sales.
We neither endorse nor assume any liability for the contents of any Material on the Website, including material uploaded or submitted by third party users of the Website.
Your failure to comply with any of the above conditions and restrictions of use constitutes grounds for us to immediately, and in our sole discretion, terminate your access to and use of the Website and its contents.In such event, we shall have no liability to you or any third party for your failure to comply with these Terms Of Use or any losses or damages that may result from your use of the Website, nor for any interruption or termination of your access or use of the Website.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at the Website, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.
Submissions
All remarks, suggestions, ideas, graphics, data, questions or other information communicated to The Keg through the Website or through email (together, a “Submission”) shall be owned by The Keg. The Keg will not treat any Submission as confidential or proprietary, will not be liable for the use of any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future operations. Without limitation, The Keg will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. The Keg will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for whatever material you submit, and you, not The Keg, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality and copyright. You also waive your moral rights in such Submission in favour of The Keg.
Online Purchases
In consideration of your purchase of any items from our Website, such as Gift Cards, you agree to provide true, accurate, current and complete information about yourself as prompted (such information being the “Registration Data”). You may, but are not required to, create a Keg account by selecting a user identification name and password (“Keg Account”). While you may create a Keg Account, our server will retain only the information you input in the account form; prior purchases are not tracked. You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your Keg Account. You agree to (i) immediately notify The Keg of any known or suspected unauthorized use(s) of your Keg Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information; and (ii) exit from your Keg Account at the end of every purchase. You are solely responsible for all usage or activity on your Keg Account, including but not limited to use by any third party authorized by you to use your Keg Account. Any fraudulent, abusive or otherwise illegal activity will be grounds for termination of your purchasing privileges. The Keg will not be liable for any loss or damage arising from your failure to comply with this paragraph or with the rest of these Terms of Use. Access and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas may be subject to prosecution.
Some or all of the information you provide to facilitate any purchase from the Website will be provided to Equifax Inc., Equifax Canada Co. or similar provider (“Equifax”), which will verify your credit card and personal information against its database of credit information. Equifax verifies that your name, address, phone number and credit card number conform to the information contained in your credit history and checks your name against a database of names that are known to be associated with past fraudulent transactions. By your acceptance of these Terms of Use, you agree that your personal information may be released to Equifax for these purposes.
Gift Cards purchased through the Website are redeemable only in Canada or the U.S., as stipulated on each card, and may be presented as payment at any participating Keg Steakhouse + Bar restaurants in Canada or the U.S. as the card dictates. No refunds or returns are offered or allowed, and lost or stolen Gift Cards or Gift Cards used without your authorization cannot be replaced or replenished. Gift Cards cannot be redeemed for cash and no change will be given. Any balance remaining on a Gift Card is available only for your next visit(s) to a participating Keg Steakhouse + Bar restaurant in Canada or the U.S. as the card dictates.
Disclaimer
You acknowledge and agree that the performance of the Website and all content or services accessed from or available thereon are provided to you on an “as is” basis, without representations, warranties or conditions of any kind (to the fullest extent permissible under applicable law), express or implied, including but not limited to, all warranties, representations or conditions of merchantability, accuracy, validity, reliability, fitness for a particular purpose or non-infringement of the rights of third parties. We make no representation or warranty to you, whether expressed or implied, that the Website and any content or services accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses, trojan horses, worms or other harmful components, or free from any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from the Website.
The Website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the Website and the content on the website, including the prices and descriptions of any products listed herein, at any time without notice. The Website or the content on the Website may be out of date, and we make no commitment to update the Website or such content. The use of the Website or the downloading or other acquisition of any content through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such threats or activities.
Content available through the Website often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized The Keg spokesperson speaking in their official capacity. You understand and agree that temporary interruptions of the services available through the Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You acknowledge that The Keg has no control over, and no duty to take any action regarding: which users gains access to the Website; what content you access via the Website; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release The Keg from all liability for you having acquired or not acquired content through the Website.
Security
You may choose to enter into credit card transactions through the Website. The Keg uses MiraPay, a third-party service provider, to process credit card transactions. MiraPay uses a secure server running secure socket layer (SSL) technology and supporting 128-Bit encryption. Refer to our Privacy Policy for further details on how your personal information is used and protected.
Limitation on Liability
By visiting the Website, you agree that to the maximum extent permitted by law, in no event shall The Keg or its shareholders, directors, officers, employees, agents or any person for whom The Keg is responsible be liable for any damage or loss arising from, connected with or relating to the use of the Website, whether such damages are direct, indirect, punitive, exemplary, incidental, special or consequential, even if The Keg has been advised of the possibility of such loss or damages or ought to have known of the possibility of such loss or damages.
Indemnity
You will indemnify, defend and hold The Keg harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by The Keg in connection with any claim, demand or proceeding arising out of, related to, or connected with your access to or use of the Website, your breach of these Terms of Use, or any wrongful conduct by you or any person for whom you are responsible under these Terms of Use or at law. You will assist and co-operate as fully as reasonably required by The Keg in the defence of any such claim, demand or proceeding.
Other Sites
For your convenience, the Website may contain links to other websites which are not operated or controlled by The Keg (“Other Sites”) that may be of interest to you. The Keg assumes no responsibility for the Other Sites, including The Keg Royalties Income Fund (the “Fund”) website (see section 12 below), their business, goods, services or content (including content obtained through links on the Other Sites) and your use of the Other Sites is at your own risk. The Keg reserves the right to terminate any link or linking program at any time. The inclusion of any link to the Other Sites does not constitute or imply an endorsement, authorization, sponsorship or affiliation by The Keg of the Other Sites, or any products or services provided by such Other Sites.
Fund Website
The Website includes hyperlinks to the website of the Fund. The Fund’s website is owned, operated and under the control of The Keg Rights Limited Partnership and not The Keg. The Terms of Use for the Fund’s website are set forth in such website and should be carefully reviewed once hyperlinked into the Fund’s website.
Privacy Policy
The Keg collects, uses and discloses your personal information in accordance with its Privacy Policy which forms part of these Terms of Use. Please carefully review the Privacy Policy available at: http://keg.com/en/privacy-policy.
Copyright and Trademark Notices
Nothing contained herein shall be construed as conferring, by estoppel, implication or otherwise, any license or right in respect of any trade-mark or other intellectual property right of The Keg, The Keg Rights Limited Partnership or any other party. The Keg name and logos displayed throughout the Website and all related products and service names are the trade-names, trade-marks, service marks or registered trade-marks of The Keg Rights Limited Partnership and are licensed to The Keg. Any reproduction of any of these marks, names or logos without the express written consent of The Keg Rights Limited Partnership is strictly prohibited. All other trade-marks are the property of their respective trade-mark owners.
Franchise
None of the communications made through the Website should be construed as an offer to sell any Keg franchises in, nor is any such communication directed to, residents of any jurisdiction requiring registration of the franchise before it is offered and sold in that jurisdiction. No Keg franchises will be sold to any resident of such jurisdiction until the offering of such franchises has been exempted from the requirements of, or duly registered in and declared effective by, such jurisdiction and the required disclosure statement (if any) has been delivered to the prospective franchisee before the sale in compliance with applicable law. If you should have any questions concerning the registration status of Keg franchises in your jurisdiction, please contact Buster Edwards at bustere@kegrestaurants.com.
Termination of Right of Use
If you breach any of the terms and conditions of these Terms of Use, you may no longer use the Website. The Keg may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. In such event, the restrictions which these Terms of Use impose on you with respect to the Website shall still apply. The Keg is not liable to any party for such damages arising from such a termination.
Entire Agreement
These Terms of Use, including the terms of the Privacy Policy, constitute the entire agreement (this “Agreement”) between you and The Keg relating to your access and use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and The Keg with respect to your access and use of the Website. The Keg’s failure to insist upon strict performance of any provision of this Agreement does not mean that The Keg is waiving any of its rights under this Agreement.
Governing Law and Jurisdiction
This Agreement is governed by and is to be interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, notwithstanding any principles of conflict laws or choice of law.
Miscellaneous
If a court determines that any of the provisions contained in this Agreement are unlawful, void, invalid or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions.
This Agreement ensures to the benefit of and is binding upon The Keg and its respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of The Keg, which may be withheld in The Keg’s absolute discretion. The Keg may assign this Agreement and its respective rights and obligations under this Agreement without your consent.
If you have any questions about these Terms of Use or our Privacy Policy, please contact us by sending an email message to legal@kegrestaurants.com.