Terms & Conditions

February 2022

Please carefully read the following terms and conditions of use (these “Terms” or this “Agreement”) before using the MR MIKES SteakhouseCasual website (the “Site”), the MR MIKES SteakhouseCasual mobile application (the “App”) or accessing or using any service where these Terms are posted (collectively, with the Site and the App, the “Services,” which, as used herein, may refer to any one or more of the Services depending on the context). This Agreement is a legal contract between you and Mr. Mikes Restaurants Corporation (“MR MIKES SteakhouseCasual,” “we” or “us”). By accessing or using the Services (including downloading, installing, or using the App), you (i) acknowledge that you have read, understood, and agree to be bound by this Agreement, and (ii) represent that you have authority to enter into this Agreement personally and, if applicable, on behalf of any entity on whose behalf you use the Services and to bind that entity to this Agreement. If at any time you do not agree to be bound by this Agreement, you may not access or use the Services or any of the MR MIKES SteakhouseCasual Content (as defined below).

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, THIS

AGREEMENT CONTAINS, AMONG OTHER THINGS, DISCLAIMERS OF WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY AND AN EXCLUSIVE REMEDY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY.

The Services are directed to persons 18 years of age or older. The Services and MR MIKES SteakhouseCasual do not knowingly collect information from persons under the age of 18 or children under the age of 13. If you are between the ages of 13 and 18 years of age, you may visit, browse, and use the information on the Services subject to the terms of this Agreement under the supervision of a parent or legal guardian who agrees to be bound by this Agreement, but you may not submit any content or personally identifiable information to the Services. If you are under age 13, you are not permitted to use the Services or to submit any content or personally identifiable information to the Services or to MR MIKES SteakhouseCasual.

MR MIKES SteakhouseCasual may from time to time modify or revise this Agreement, and may provide notices, disclosures, and amendments in respect of this Agreement by electronic means, including by posting revisions or revised terms on any one or more of the Services (such as the App and/or the Site). Your use of the Services following any such change constitutes your agreement to follow and be bound by the thencurrent version of this Agreement. If any change is unacceptable to you, your only recourse is to discontinue your use of the Services.

1. additional definitions

“MR MIKES SteakhouseCasual Content” means any all designs, text, graphics, pictures, information, data, software, sound files, other files and all content, code, software, and any other materials (including the MR MIKES SteakhouseCasual Licensed IP and including, where applicable, the names and logos of MR MIKES SteakhouseCasual’s affiliates and of such affiliates’ proprietary products and services) that are part of the Services (other than Your Content) and the selection and arrangement thereof.

“MR MIKES SteakhouseCasual Marks” means the MR MIKES SteakhouseCasual name, the MR MIKES

SteakhouseCasual logo, the names and logos of MR MIKES SteakhouseCasual’s proprietary products and services, and other MR MIKES SteakhouseCasual proprietary materials, trademarks, service marks, trade dress, graphics and logos used in connection with the Services, all of which are owned by MRM Royalties Limited Partnership and used by MR MIKES SteakhouseCasual under license.

“MR MIKES SteakhouseCasual Licensed IP” means the MR MIKES SteakhouseCasual Marks and certain works protected by copyright that are also owned by MRM Royalties Limited Partnership and used by MR MIKES SteakhouseCasual under license in connection with the MR MIKES SteakhouseCasual business, including standards, specifications, documentation, manuals, advertising materials and promotional materials.

“MR MIKES SteakhouseCasual Parties” means MR MIKES SteakhouseCasual, its parents, subsidiaries and affiliates and their respective officers, directors, employees, franchisees, licensees, shareholders, and agents.

“Products” means any and all products (including food, beverages, and merchandise) and services made available or offered through any one or more of the Services.

“Your Content” means any of your content or materials uploaded, posted, transmitted, distributed, submitted, or otherwise made available by you to or through the Services.

2. privacy

By accessing or using the Services, including downloading, installing, accessing, or using the App, or continuing to do any of the foregoing, you acknowledge that you have reviewed and understand our privacy policy available at https://mrmikes.ca/privacy –policy/ (the “Privacy Policy”), as may be amended from time to time, and you consent to the practices described in the Privacy Policy.

3. user registration, use of the Services and conduct

Services and Content ownership. The Services and the MR MIKES SteakhouseCasual Content are the sole and exclusive property of MR MIKES SteakhouseCasual or its licensors (including MRM Royalties Limited Partnership, which owns the MR MIKES SteakhouseCasual Licensed IP). You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Services or the MR MIKES SteakhouseCasual Content other than as expressly authorized by MR MIKES SteakhouseCasual in writing. Use of the Services or the MR MIKES SteakhouseCasual Content in any way that is not expressly permitted by these Terms is prohibited and may be actionable under Canadian, U.S. or international law.
Registration. When using the Services and/or registering an account for the Services (an “Account”), you agree to provide only true, accurate, current, and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You consent to MR MIKES SteakhouseCasual’s use of such Registration Data in accordance with the Privacy Policy.

You agree (i) to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password(s) with anyone, (ii) to notify MR MIKES SteakhouseCasual immediately of any unauthorized use of your password(s) or any other breach of the security of your Account and to exit from your Account at the end of each session, (iii) not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services, (iv) that you will not maintain more than one Account at any given time. MR MIKES SteakhouseCasual reserves the right to (i) ban you from using an Account and/or any one or more of the Services, and (ii) remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of MR MIKES SteakhouseCasual.

Your content. Subject to any applicable Account settings, you grant MR MIKES SteakhouseCasual and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, market, sublicense and otherwise use and exploit (commercially or noncommercially), in any way and in any form or media (including forms and media now known or later developed), as determined by MR MIKES SteakhouseCasual, in its sole and absolute discretion, any of Your Content (in whole or in part) and any related copyrights or other intellectual property rights therein. You hereby waive any moral rights (or similar rights) you may have in Your Content in favour of MR MIKES

SteakhouseCasual. You represent and warrant that Your Content is compliant with the terms of this

Agreement and is not subject to any confidentiality obligations and that you own and control all the rights to Your Content, have the lawful right to distribute and produce Your Content, and otherwise have the right to grant the rights to MR MIKES SteakhouseCasual and its affiliates that you grant herein. MR MIKES SteakhouseCasual has no obligation to treat Your Content as confidential or to compensate you in any manner for Your Content. You agree that you have no right or title in or to any display or appearance of Your Content on the Services. You acknowledge that other users of the Services may search for, see, use, modify and reproduce Your Content that you submit to any “public” area of the Services.

MR MIKES SteakhouseCasual shall have the right, in its sole and absolute discretion (and without notice), but has no obligation, to pre-screen, approve, monitor, edit or remove any of Your Content (or the content or materials of other users of the Services). The MR MIKES SteakhouseCasual Parties assume no responsibility for the timeliness, deletion, mis-delivery, loss, or failure to store, and, without limitation, are not liable for preparing backup copies or replacing, any of Your Content, your communications, or your Account settings.

Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any of Your Content constitutes a violation of a third party’s intellectual property rights, of a third party’s right to privacy, or of any other applicable local, provincial, state, national or international law.

Ownership of the Services and license to use. MR MIKES SteakhouseCasual and its affiliates own all rights, title, and interest in and to the Services. The Services are protected by intellectual property laws and other applicable laws as further described below in Section 4. Subject to this Agreement, MR MIKES

SteakhouseCasual grants you a limited, personal, non-transferable, non-exclusive, and revocable license to use the Services solely for your personal purposes and for the purpose of your purchase of Products. MR MIKES SteakhouseCasual and its affiliates reserve all rights not expressly granted in this Agreement.

Use of the Services. You are solely responsible for all access to and use of the Services and your Account, including Your Content and all obligations (including financial obligations) incurred through such access or use, by you or anyone using your Account, whether authorized by you.
Restrictions on use. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. While using the Services, you shall not (and shall not permit any third party) to upload, post, transmit, distribute, submit or otherwise make available through the Services any content or materials (including Your Content), or to take any action, which may: (i) be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive or profane; (ii) restrict or inhibit any other user from using or enjoying the Services; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail or install a computer or mobile program on another user’s computer or mobile device; (v) involve commercial activities and/or sales without MR MIKES

SteakhouseCasual’s prior written consent, including contests, sweepstakes, barter, advertising, or pyramid schemes; (vi) impersonate any person or entity, including any employee or representative of MR MIKES SteakhouseCasual; (vii) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; or (viii) collect, transmit, store or otherwise make available private information or personal information of any third party.

You agree that you shall not: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (ii) obtain or attempt to obtain unauthorized access to the computer systems, materials, information, data, files or passwords or any services related to the Services, including by hacking, password or data mining, or any other means available on or through the Services; (iii) frame or utilize framing techniques to enclose any of the MR MIKES

SteakhouseCasual Marks or the MR MIKES SteakhouseCasual Content; (iv) use any metatags or other “hidden text” using MR MIKES SteakhouseCasual’s name or trademarks, including the MR MIKES SteakhouseCasual Marks; (v) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services; (vi) use any manual or automated software, devices or other processes (including spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape”, harvest or download data from the Services; (vii) access the Services in order to build similar or competitive products or services; (viii) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of Services or the MR MIKES SteakhouseCasual Content; (ix) remove, modify or destroy any acknowledgments, credits, legal notices, copyright notices or other proprietary markings contained on or in Services or the MR MIKES SteakhouseCasual Content; (x) circumvent, remove, alter, deactivate, degrade, or thwart any of the protections of the Services; (xi) take any action that imposes or may impose (in our sole and absolute determination) an unreasonable or disproportionately large load on our technical infrastructure; and (xii) interfere with or attempt to interrupt the proper operation of the Services through any virus, device, information collection or transmission mechanisms, software or routine.

4. copyright and trademark notice

Ownership of the MR MIKES SteakhouseCasual Content and MR MIKES SteakhouseCasual Marks. You acknowledge and agree that all right, title, and interest in and to the Services and the MR MIKES

SteakhouseCasual Content, including any patents, copyrights, trademarks, trade secrets, inventions, knowhow, and all other intellectual property rights, are owned exclusively by MR MIKES SteakhouseCasual or its third-party licensors, including but not limited to the MR MIKES SteakhouseCasual Licensed IP which is owned by MRM Royalties Limited Partnership and used by MR MIKES SteakhouseCasual under license, and are protected by intellectual property laws and other applicable laws. The Services, the MR MIKES SteakhouseCasual Content and other materials therein may not be used without permission of MR MIKES SteakhouseCasual, including in connection with any third-party products or services. You may not copy, reproduce, distribute, publish, enter a database, display, perform, modify, create derivative works from, transmit or in any way use or exploit any part of the MR MIKES SteakhouseCasual Content. Subject to the terms of this Agreement and provided you are in compliance with this Agreement, you may print copies of the MR MIKES SteakhouseCasual Content without modification, solely for your non-commercial, informational, and personal use. See Section 3(d) above which contains a limited license to use the Services.

The MR MIKES SteakhouseCasual Marks are trade names, trademarks, or registered trademarks of MRM

Royalties Limited Partnership and are used by MR MIKES SteakhouseCasual under license. The MR MIKES SteakhouseCasual Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of MR MIKES SteakhouseCasual. The Services and the MR MIKES SteakhouseCasual Content are protected by copyright, trademark, patent, trade secret, provincial, state, and federal laws, international treaties and/or other proprietary rights and also may have security components that protect digital information only as authorized by MR MIKES SteakhouseCasual or the owner of the applicable content. All rights not expressly granted are reserved. Unless explicitly stated otherwise herein, nothing in this Agreement shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or use-rights (exclusive or otherwise) to, any intellectual property or other right and any goodwill associated therewith, including in respect of the MR MIKES SteakhouseCasual Marks and the MR MIKES SteakhouseCasual Content.

Claimed infringement of your copyright. If you believe content posted on the Services infringes your copyright rights, please provide our Legal Department with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the

Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to our Legal Department regarding notice of claims of copyright infringement should be addressed to: Mr. Mikes Restaurants Corporation, 100-3700 North Fraser Way, Burnaby, BC V5J 5H4, Attn: Legal.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs, fees, and expenses of counsel, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

5. third party content and links

The Services may contain links to third party services (including websites, applications or advertisements), may incorporate functionality from third party services, software, technology, data, and/or other content, including delivery services offered in respect of purchases made through one or more of the Services (the “Delivery Services”) as provided by one or more third party service providers of MR MIKES SteakhouseCasual (each, a “Delivery Provider”), or may allow you to transmit content via third-party social networking services (each and all of the foregoing collectively, “Third Party Services”). When you click on such links or functionality, or so transmit content, MR MIKES SteakhouseCasual will not warn you that that you have left the Services and you may become subject to alternative terms and conditions of use, as may be specified by such Third-Party Service, which will govern your use of such Third-Party Service. MR MIKES SteakhouseCasual does not control and is not responsible for the Third-Party Service. MR MIKES SteakhouseCasual provides these links, functionality, and transmission capability only as a convenience, and your use of Third-Party Services is at your own risk. MR MIKES SteakhouseCasual does not review, approve, monitor, endorse, warrant, or make any representation with respect to Third Party Services (or any content, products, or services accessible therein). There may be costs, fees, and charges applicable to the use of Third-Party Services. The MR MIKES SteakhouseCasual Parties disclaim all liability regarding your access to, use of, reliance on or transactions with a Third-Party Service or any content accessed through or provided to a ThirdParty Service.

We may incorporate Third Party Services, or any part thereof, either independently or in connection with various programs, features, or functions available through the Services. Your use of Third-Party Services or any third-party materials incorporated into the Services may be subject to terms of use other than this Agreement and as may be set forth by third party providers, as applicable. You agree that the MR MIKES

SteakhouseCasual Parties assume no liability with respect to your use of such Third-Party Services or thirdparty materials incorporated into the Services, whether you are aware of their use or not and whether the use of such materials is recommended by MR MIKES SteakhouseCasual.

In respect of certain Third-Party Services, such as the Delivery Services, MR MIKES SteakhouseCasual may charge you a fee to use such Third-Party Service as determined between MR MIKES SteakhouseCasual and the provider of such Third-Party Service. You acknowledge and agree that, subject to any prohibition or limitation under applicable law and as otherwise set out in this agreement, notwithstanding any such fee charged by MR MIKES SteakhouseCasual, the MR MIKES SteakhouseCasual Parties shall assume no liability in respect of such Third-Party Service or any refund therefor.

6. your comments and transmissions

We appreciate your comments, remarks, feedback suggestions, ideas, inventions, artwork developments, concepts and other types of communications and submissions you disclose or transmit to us (collectively, ‘Submissions’). Excluding personally identifiable information, MR MIKES SteakhouseCasual is free to use, but is not obligated to use, the Submissions for any purpose whatsoever. By making a submission, you (i) grant MR MIKES SteakhouseCasual and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, market, sublicense and otherwise use and exploit (commercially or non-commercially, as determined by MR MIKES SteakhouseCasual) your Submissions and any related copyrights other intellectual property rights therein. You hereby waive any moral rights (or similar rights) you may have in any Submission in favour of MR MIKES SteakhouseCasual. MR MIKES SteakhouseCasual has no obligation to treat a Submission as confidential or to compensate you in any manner for the Submission.

By making a Submission, you represent and warrant that your Submission is true, is not defamatory, is your own original work, and does not infringe any third party’s rights. Furthermore, you represent and warrant that you and any other person mentioned or shown in your Submission, release all claims concerning MR MIKES SteakhouseCasual’s (or MR MIKES SteakhouseCasual’s affiliates’) use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.

You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property, or similar claims for any use of your Submission.

7. location-based services

If you enable location-based services on your device, including computer, in connection with your use of the Services, you expressly consent to MR MIKES SteakhouseCasual collecting the geolocation (which may include specific longitude and latitude) of such device. This information will be used as set forth in the Privacy Policy, including to identify your local MR MIKES SteakhouseCasual restaurant, to provide personalized messaging or content and/or for marketing purposes by email, push notifications, online or in-app advertising or otherwise. Please see the Privacy Policy for further information and for details on how to opt-out of location collection.

8. disclaimer and limitation of liability

Disclaimer. THE SERVICES, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTEDBY LAW AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MR MIKES STEAKHOUSECASUAL PARTIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGWITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ORNON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OFPERFORMANCE. WITHOUT LIMITATION, THE MR MIKES STEAKHOUSECASUAL PARTIES DO NOT WARRANT,REPRESENT, OR MAKE ANY CONDITION, THAT (I) THE SERVICES OR ITS CONTENTS WILL BE COMPLETE,ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, (II) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (III) THAT THE USE OF THE SERVICES BY YOU OR OTHER USERS IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU OR SUCH OTHER USERS, AS APPLICABLE. ALL INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. THE LAWS OF CERTAIN JURISDICTIONS (INCLUDING THE PROVINCE OF QUEBEC) MAY NOT ALLOW OR MAY LIMIT THE EXCLUSION OR LIMITATION OF CERTAIN REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH CASE, THE ABOVE EXCLUSION OR LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT CONSISTENT WITH SUCH APPLICABLE LAW.

Limitation of Liability; Sole remedy. SUBJECT TO ANY PROHIBITION OR LIMITATION UNDER APPLICABLE LAW (INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW), IN NO EVENT (INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF MR MIKES STEAKHOUSECASUAL) SHALL THE MR MIKES STEAKHOUSECASUAL PARTIES (A) BE LIABLE WITH RESPECT TO USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION PARTICIPATION IN SCAN TO PAY OR MOP OR THE DELIVERY SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR, OR ANY OTHER USER’S, RELIANCE ON ANY INFORMATION OBTAINED FROM MR MIKES STEAKHOUSECASUAL), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION ORUNAUTHORIZED ACCESS TO MR MIKES STEAKHOUSECASUAL’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS OR REVENUE, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES, DEVICE FAILURE OR MALFUNCTION, OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF MR MIKES STEAKHOUSECASUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AGAINST THE MR MIKES STEAKHOUSECASUAL PARTIES IS TO CEASE USE OF THE SERVICES OR TO CEASE PARTICIPATION IN SCAN TO PAY, MOP OR THE DELIVERY SERVICES, AS APPLICABLE. IF YOU RESIDE IN A JURISDICTION OTHER THAN NEW JERSEY, YOUR JURISDICTION (INCLUDING THE PROVINCE OF QUEBEC) MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES, OR LIABILITY, SO SOME OR ALL OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSQUENTIAL DAMAGES, MR MIKES STEAKHOUSECASUAL’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Fundamental elements. The limitations of liability set forth above are fundamental elements of the basis of the bargain between MR MIKES SteakhouseCasual and you and are material inducements for the provision of the Services by MR MIKES SteakhouseCasual and/or its service providers.

9. Indemnification

You agree to defend, indemnify and hold each of the MR MIKES SteakhouseCasual Parties, harmless from and against any and all claims, suits, losses, damages, liabilities, fines, penalties, costs and expenses, including reasonable fees and expenses of counsel, relating to or arising from (i) your connection to or use of the Services or the MR MIKES SteakhouseCasual Content, (ii) your violation of any of this Agreement or the rights of MR MIKES SteakhouseCasual or any third party, (iii) any of Your Content or any other content or materials uploaded, posted, transmitted, distributed, submitted or otherwise made available through the Services by you or your Account, (iv) your misuse of the Services, including, but not limited to, Scan to Pay, MOP or the Delivery Services, (v) your violation of any rights of any third party (or any other party), including any other users of the Services, or (vi) your violation of any applicable laws, rules or regulations. MR MIKES SteakhouseCasual reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MR MIKES SteakhouseCasual in asserting any available defenses of MR MIKES SteakhouseCasual’s choosing. You agree that this Section will survive any termination of this Agreement or your access to, or use of, the Services.

10. modifications to the services

MR MIKES SteakhouseCasual reserves the right, for any reason, at any time, to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, including the MR MIKES SteakhouseCasual Content, features, or hours of availability, with or without notice. MR MIKES SteakhouseCasual may impose limits on certain features of the Services or restrict your access to part or all the Services without notice or penalty. You agree that the MR MIKES SteakhouseCasual Parties shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

11. ordering and payment

Orders. MR MIKES SteakhouseCasual reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product ordered or receive insufficient or erroneous billing, payment, and/or delivery information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that relates to a previous payment dispute. If any Product is discontinued or otherwise becomes unavailable, MR MIKES

SteakhouseCasual reserves the right to cancel your order and provide you with a refund for the amount paid for the Product. MR MIKES SteakhouseCasual reserves the right to revoke any stated offer.

Prices and payments. Prices are subject to change without notice. You agree to pay all prices, fees, and charges in connection with all orders made from your Account in accordance with the prices, fees, charges, and billing terms in effect at the time the order is made, regardless of whether you receive the applicable Product. You also agree to pay all applicable taxes in connection with such orders. You acknowledge and agree that all prices, fees, and charges in connection with any order made from your Account shall be in the currency ordinarily used by the applicable MR MIKES SteakhouseCasual location from which the order is made. You acknowledge and agree that you must provide valid payment information (such as a credit card, debit card and/or MR MIKES SteakhouseCasual Card (as defined below)) to make an order from an Account and such payment information may be saved or stored within the Services for future use. You acknowledge and agree that, without limitation, an App command, SMS command, web browser command or other similar command in respect of placing an order that originates from your Account constitutes an authorization for the Services to charge the applicable amounts and you assume all liability for and shall promptly pay all such amounts.

There may be data usage or other like fees owed to your mobile, internet or network provider resulting from use of the Service. You are responsible for such fees, and you are responsible for payment of any items purchased through the Services. All prices, fees and charges paid are non-refundable, except as approved by MR MIKES SteakhouseCasual in its sole and absolute discretion, or, if such refund request is in respect of the Delivery Services and is referred to a Delivery Provider by MR MIKES SteakhouseCasual, in such Delivery Provider’s sole and absolute discretion.

Payment processing. Payments through the Services are processed using Tacit’s platform and our payment processor, CardConnect. By making an order through the Services, you also agree: (i) to be bound by Tacit’s terms of service and privacy policy, (ii) the payment method(s) you provide and select on the Services will immediately be charged for all fees and taxes applicable to your order, (iii) payment information and instructions required to complete the payment transactions may be stored by and shared between MR MIKES SteakhouseCasual, Tacit, CardConnect, and their respective third-party payment service providers (such as providers of credit card transaction processing, merchant settlement and related services), and (iv) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. MR MIKES SteakhouseCasual reserves the right at any time to change its prices and billing methods. For more information on how payments are handled by LevelUp and CardConnect, or to understand the data security and privacy afforded such information, please refer to Tacit’s terms of service and privacy policy and CardConnect’s terms of use and privacy policy.

You hereby acknowledge and agree that when you save or store a valid credit card or Visa debit card as a payment method in your Account, MR MIKES SteakhouseCasual or its payment processor may verify such credit card or Visa debit card, as applicable, by applying a $0.01 charge on such credit card or Visa debit card, as applicable, followed by a refund of the same amount within a reason time thereafter.

If you make an order from your Account from of a MR MIKES SteakhouseCasual location that transacts in a currency other than the default currency applicable to your chosen payment method, the amounts charged to such payment method may be subject to the currency exchange rate use by the provider of such payment method and you may be subject to additional fees and charges from the provider of such payment method. If the foregoing payment method is a MR MIKES SteakhouseCasual Card, the payment will be subject to the currency exchange rate used by the provider of MR MIKES SteakhouseCasual Cards, Givex, as set out in the MR MIKES SteakhouseCasual Card Terms (as define below).

Promotions. MR MIKES SteakhouseCasual may, in its sole and absolute discretion, create discounts and promotional codes or other features or benefits, subject to any additional terms that we establish on a per promotion basis (“Promo Codes”). Unless otherwise expressly stated on the applicable Promo Code, Promo Codes may only be used once per person. Only Promo Codes sent to you through communications channels authorized by MR MIKES SteakhouseCasual are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner, (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by MR MIKES SteakhouseCasual, (iii) may be disabled by MR MIKES SteakhouseCasual at any time for any reason without liability for any of the MR MIKES SteakhouseCasual Parties, (iv) may only be used pursuant to the specific terms that MR MIKES SteakhouseCasual establishes for such Promo Code, (v) are not redeemable for cash (unless otherwise required by the laws of the jurisdiction applicable to you), and (vi) may expire prior to your use. Unless otherwise stated at the time of issuance, all Promo Codes expire 60 days after issuance.

Special terms may apply to some products or services offered on the Services, or to any sweepstakes, contests or promotions that may be offered by MR MIKES SteakhouseCasual. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature, or activity. Any such special terms are in addition to this Agreement, and, in the event of a conflict, any such terms shall prevail over this Agreement solely in respect of the subject matter of such special terms.

MR MIKES SteakhouseCasual Cards and Account Balances. MR MIKES SteakhouseCasual may allow you to purchase physical or virtual stored value cards (each a “MR MIKES SteakhouseCasual Card”). The terms and conditions of MR MIKES SteakhouseCasual Cards are provided within the applicable terms below (the “MR MIKES SteakhouseCasual Card Terms”). Additionally, MR MIKES SteakhouseCasual may provide other means by which an amount may be associated with your Account, such as referral rewards and other benefits. Amount balances remaining on MR MIKES SteakhouseCasual Cards, or any other balances associated with your Account (including, but not limited to, referral rewards and other benefits), are not redeemable for cash, unless the laws of the jurisdiction applicable to you require that that a balance of an amount prescribed by such laws (or any lesser amount) be redeemable for cash, in which case you may redeem a balance of such prescribed amount (or such lesser amount) that is required by such law to be redeemable for cash by making a request to so redeem the applicable amount to info@mrmikes.ca. Where such laws provide more than one prescribed amount, the prescribed amount applicable to this Agreement shall be the lowest prescribed amount that may be properly applied in accordance with such laws.
Loyalty Program. If you register for an Account, you must agree to the terms and conditions of the MR MIKES SteakhouseCasual Loyalty Program available below within the applicable terms (the “Loyalty Terms”). If you do not agree to the Loyalty Terms, you may not participate in the MR MIKES SteakhouseCasual Loyalty Program.
Scan to Pay. If you download the App to a device, you may also elect to participate in certain functionality of the App which will allow you to use a device to purchase Products at participating locations by applying your selected payment method (such as credit card, debit card or MR MIKES SteakhouseCasual Card) by use of barcode, NFC, or similar methods, as available at the applicable location (“Scan to Pay”). Scan to Pay is accepted at all company operated MR MIKES SteakhouseCasual locations and some MR MIKES

SteakhouseCasual licensed or franchised locations. MR MIKES SteakhouseCasual reserves the right at any time to discontinue Scan to Pay, to change the locations that offer Scan to Pay and/or to change the payment methods that may be used in connection with Scan to Pay.

In-App Mobile Ordering and Payment. If you download the App to a device, you may also elect to participate in certain functionality of the App which will allow you, in respect of certain MR MIKES SteakhouseCasual locations and in certain markets, to use the App to order and pay for certain Products made available by such MR MIKES SteakhouseCasual location prior to arrival at the store (“MOP”). MR MIKES SteakhouseCasual reserves the right at any time to discontinue MOP, to change the location of stores or markets offering MOP, to change or limit the ordering options and limitations for items available through MOP and/or to change the payment methods that may be used in connection with MOP.

12. communications

Email communications. If you sign up for an Account, you may choose to opt in to receive promotional email communications from MR MIKES SteakhouseCasual, and you may also receive email communications relating to your Account and your transactions (collectively, “Email Communications”). You may, at any time, opt out of receiving promotional Email Communications from MR MIKES SteakhouseCasual by selecting the unsubscribe link contained within a promotional Email Communication (and completing any subsequent steps indicated within such link). If you opt out of receiving promotional Email Communications from us, we may still send you Email Communications regarding your Account and your transaction, including, but not limited to, emails about changes to your Account preferences or summaries of your purchases.
Push notifications. The App includes push notifications from MR MIKES SteakhouseCasual to your device, which may include promotional communications, offers, messages relating to your orders (including, but not limited to, confirmations, receipts and notifications regarding the status, delivery updates and/or pickup location, as applicable), customer service communications, and account-related and system messages (“Push Notifications”). You may, at any time following download of the App, opt out of receiving all Push

Notifications by disabling the App’s Push Notifications within the device’s notification settings. Opting out of Push Notifications will not affect User settings with respect to Email Communications.

In-App messaging. By using the App, in-app messages will automatically be displayed to you via the App display. Such messages may include promotional communications and offers. If you do not wish to see or receive such messages, you must cease use of the App.
Contacting other users. If you choose to use App features that allow you to send messages or digital MR MIKES SteakhouseCasual Cards to third parties, you must obtain the third party’s permission to provide his or her personal information, such as name or email address, to MR MIKES SteakhouseCasual and the App, and such third party must agree to this Agreement, and all other MR MIKES SteakhouseCasual terms and policies incorporated herein. You may only send messages or MR MIKES SteakhouseCasual Cards to third parties with whom you have had a voluntary two-way communication and with whom who you have a personal relationship, or to family members to whom you are related by blood relationship, marriage, a common-law partnership, or adoption.
Calls, SMS, and similar communications. MR MIKES SteakhouseCasual may offer communications via calls, SMS text messages or similar technology (including via automatic telephone dialing equipment) and you hereby consent to receiving such communications and, if necessary, will provide any other such consents required by applicable law. These communications may be sent or initiated by MR MIKES SteakhouseCasual or any of its service providers, including any Delivery Provider, such as when such parties send you text messages to confirm, process and notify you about the status, delivery updates and/or pickup location, as applicable, of an order you place with us, provide you with a receipt, or for any customer service, accountrelated or marketing purpose. Message and data rates may apply. Message frequency may vary according to how you interact with the Services. To stop receiving text messages from a short code operated by MR MIKES SteakhouseCasual, reply STOP to any message you receive from such short code. You agree we may send you a message to confirm your receipt of your STOP request. You acknowledge and agree that our platform may not recognize and respond to texted unsubscribe requests that do not include the STOP keyword and agree that the MR MIKES SteakhouseCasual Parties will have no liability for failing to honor such requests. For assistance with any text message issues, reply HELP to any text message you receive. You can also opt out or request assistance by contacting our customer assistance team at info@mrmikes.ca with your request and mobile telephone number. To stop receiving text messages from MR MIKES SteakhouseCasual’s service providers, you may need to contact such service provider’s customer support. Not all mobile devices may be supported, and text messaging may not be available in all areas. MR MIKES SteakhouseCasual and the mobile carriers supported and used by the Services and any Delivery Provider are not liable for delayed or undelivered text messages. You represent that all information you provide through the Services (including

but not limited to your telephone number(s) and other contact information) will be accurate, current, and truthful to the best of your knowledge. You consent to MR MIKES SteakhouseCasual’s use of such information in accordance with the Privacy Policy.

Telephone calls with MR MIKES SteakhouseCasual. You acknowledge and agree that any telephone calls between you and MR MIKES SteakhouseCasual representatives may be recorded and/or monitored for training, quality assurance or other business purposes.

13. governing laws and dispute resolution

Except where prohibited by applicable law, which may include the Province of Quebec, the following terms apply to this Agreement and all legal disputes between you and MR MIKES SteakhouseCasual.

Applicable law. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law or any other principles that provide for the application of the law of another jurisdiction. Except where prohibited by applicable law, which may include the Province of Quebec, by using the Services, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

You acknowledge and agree that the Services are controlled within Canada. Those who choose to access the Services from locations outside of Canada do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. MR MIKES SteakhouseCasual does not represent or warrant that the Services or Content are appropriate outside Canada.

Submission to jurisdiction. If a dispute cannot, by applicable law, be subject to binding arbitration (as set forth below), the parties hereto irrevocably submit to the jurisdiction of the courts of the Province of Ontario, in the City of Vancouver, except where prohibited by applicable law, which may include the Province of Quebec.
Negotiation and arbitration. Except where prohibited by applicable law, which may include the Province of Quebec, with respect to all disputes arising out of or relating to the Services or this Agreement (including the Privacy Policy), MR MIKES SteakhouseCasual and you agree to negotiate in good faith to achieve a mutually satisfactory resolution. Except where prohibited by applicable law, which may include the Province of Quebec, all disputes arising under this Agreement that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Arbitrations Act (British Columbia) as modified by this agreement. Unless you and MR MIKES SteakhouseCasual agree otherwise, any arbitration will take place in Vancouver, BC, and will be conducted in the English language. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that MR MIKES SteakhouseCasual may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect its rights or property pending the completion of arbitration. All administrative fees and expenses of an arbitration will be divided equally between you and MR MIKES SteakhouseCasual. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Class action waiver and jury waiver. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR MR MIKES STEAKHOUSECASUAL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NEITHER YOU, NOR ANY OTHER USER, MAY ACT AS A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS TO COURT RATHER AN THROUGH ARBITRATION, YOU AND MR MIKES STEAKHOUSECASUAL EACH WAIVER ANY RIGHT TO A JURY TRIAL.

Limitation’s period. To the maximum extent permitted by applicable law, you permanently and irrevocably waive the right to bring any claim, motion, proceeding or other form of action in any forum unless you provide MR MIKES SteakhouseCasual with written notice of the event or facts giving rise to such claim, motion, proceeding or other form of action within six (6) months of their occurrence.

14. general provisions

Entire agreement. The terms contained in this Agreement (which is supplemented by and incorporates other MR MIKES SteakhouseCasual terms and policies, including the Privacy Policy, the Loyalty Terms, and the MR MIKES SteakhouseCasual Card Terms, posted on one or more of the applicable Services) constitute a binding agreement between you and MR MIKES SteakhouseCasual and supersedes all prior agreements between the you and MR MIKES SteakhouseCasual regarding the subject matter herein. In the event of a conflict or inconsistency between this Agreement and any other MR MIKES SteakhouseCasual terms and policies incorporated herein, this Agreement shall prevail except as otherwise stated herein or therein.

Severability and construction. If any provision of this Agreement shall be found by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable then that provision shall be deemed to be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and if no such construction is possible, shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and shall not affect the construction, validity and enforceability of such construed or severed provision in any other jurisdiction. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. All references to “include” or “including” in this Agreement shall be interpreted as “include, without limitation,” or “including, without limitation,” as applicable. All your obligations contained herein shall be without limitation to any of your other obligations herein. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Assignment and waiver. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MR MIKES SteakhouseCasual’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of the same or any other provision on any other occasion.
Applicability and reservation of rights. Any future release, update or other addition to the Services shall be subject to this Agreement. MR MIKES SteakhouseCasual reserves all rights not granted in this Agreement. Any unauthorized use of Services terminates the licenses granted by MR MIKES SteakhouseCasual pursuant to this Agreement. Notwithstanding anything else contained herein, MR MIKES SteakhouseCasual reserves all rights or remedies that may be available to MR MIKES SteakhouseCasual under law, equity or otherwise. All references to rights or remedies of MR MIKES SteakhouseCasual contained herein shall be cumulative with and shall not limit any other rights or remedy available to MR MIKES SteakhouseCasual.
Termination and survival. MR MIKES SteakhouseCasual reserves the right, at its sole and absolute discretion, immediately and without notice, to restrict, suspend or terminate your access to the Services (or any one of them) and/or your Account, for any reason, including, without limitation, any breach by you of this Agreement or fraudulent conduct. You agree that the MR MIKES SteakhouseCasual Parties shall not be liable to you or any third party for any such restriction, suspension, or termination.

This Agreement is effective until terminated by MR MIKES SteakhouseCasual, which MR MIKES SteakhouseCasual may do at any time, without notice, in its sole and absolute discretion. If you become dissatisfied with the Service, your only recourse is to immediately discontinue use of the Services. All provisions of this Agreement regarding representations, warranties, indemnification, disclaims, and limitations of liability, and any other terms which, to give proper effect, should survive termination, shall survive the termination of this Agreement.

Force Majeure. The MR MIKES SteakhouseCasual Parties shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
Notices and electronic communication. Where MR MIKES SteakhouseCasual requires that you provide an email address, you are responsible for providing MR MIKES SteakhouseCasual with your most current email address. If the last email address you provided to MR MIKES SteakhouseCasual is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, MR MIKES

SteakhouseCasual’s dispatch of the email containing such notice will nonetheless constitute effective notice.

You may give notice to MR MIKES SteakhouseCasual at the following address: Mr. Mikes Restaurants Corporation, 100-3700 North Fraser Way, Burnaby, BC V5J 5H4, Attn: Legal. Such notice shall be deemed given when received by MR MIKES SteakhouseCasual by letter delivered by nationally (or internally, as applicable) recognized overnight delivery service or first-class postage prepaid mail at the above address. Other communications between you and MR MIKES SteakhouseCasual use electronic means, whether you use the Services or send MR MIKES SteakhouseCasual emails, or whether MR MIKES SteakhouseCasual posts notices on the Services or communicates with you via email. For contractual purposes, you (1) consent to receive communications from MR MIKES SteakhouseCasual in an electronic form; and (2) agree that all terms and conditions, agreements, notices (including those referred to above), disclosures, and other communications related to this Agreement that MR MIKES SteakhouseCasual provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.

Export control. You may not use, export, import, or transfer Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. But without limitation, Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Complaint (California). In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 9525210.

15. for more information

If you have any questions, complaints, or comments about this Agreement, please email us at info@mrmikes.ca or contact us by using another method included in the “Contact Us” pages on the Site or the App.

MR MIKES SteakhouseCasual cards terms and conditions

This MR MIKES SteakhouseCasual Card Agreement (“Agreement”) is between you and Mr. Mikes Restaurants Corporation (“MR MIKES SteakhouseCasual,” “we” or “us”) and describes the terms and conditions that apply to MR MIKES SteakhouseCasual virtual and physical stored value cards (“MR MIKES SteakhouseCasual Cards”). By purchasing, loading, accepting, or using a MR MIKES SteakhouseCasual Card, you agree to the terms and conditions contained in this Agreement. If you do not agree with this Agreement, do not purchase, load, accept or use a MR MIKES SteakhouseCasual Card. All defined terms used in this Agreement but not defined herein shall have the meanings given to them in the terms and conditions of the Services (as defined therein) available at terms and conditions of use (the “Terms”). All dollar values referred to herein shall refer to the Card Currency (as defined below) applicable to the relevant MR MIKES SteakhouseCasual Card.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, THIS

You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your MR MIKES SteakhouseCasual Card by electronic means, including posting such materials on any one or more of the Services (as defined in the Terms).

Privacy Policy

Please review the Privacy Policy carefully to understand how MR MIKES SteakhouseCasual collects, uses, and discloses information about customers, how to update or change your personal information and how we communicate with you. If you wish to withdraw your consent to email communications containing rewards, offers or other products and services MR MIKES SteakhouseCasual feels you may wish to receive, you may contact us at info@mrmikes.ca, or by another method included in the “Contact Us” page of the MR MIKES SteakhouseCasual website or the App or, as applicable, you can follow the “unsubscribe” link included in the applicable email. You can use the foregoing contact information to request we mail you a copy of the Privacy Policy.

Amendments

We may from time to time modify or revise this Agreement, and may provide notices, disclosures, and amendments in respect of this Agreement by electronic means, including by positing the revisions or revised Agreement on any one or more of the Services (as defined in the Terms). Other than as prohibited or limited by applicable law, any change, addition, or deletion will become effective at the time we post the revision or revised Agreement to such Services. Unless we state otherwise, the change, addition or deletion will apply to your future and existing MR MIKES SteakhouseCasual Cards. You are deemed to accept the changes, additions, or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our posting of the revisions or revised Agreement or such other time as may be specified by us in such posting; or (2) you use any of your MR MIKES SteakhouseCasual Cards after such notice period. If you notify us that you do not accept the changes, additions, or deletions, we may cancel your MR MIKES SteakhouseCasual Cards and, subject to the terms of this Agreement, refund any remaining balance to you.

Suspension or Termination

We may suspend or terminate this Agreement and revoke or limit any or all the rights and privileges granted to you at any time, with or without reason, and without notice or liability. Termination may result from your fraudulent or unauthorized use of MR MIKES SteakhouseCasual Cards including: (i) your failure to provide valid information, or (ii) sending Gift Cards to other Accounts solely for the purpose of obtaining rewards that may be associated with such Gift Cards. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled MR MIKES SteakhouseCasual Card(s), less any amounts that you may owe us.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law or any other principles that provide for the application of the law of another jurisdiction.

Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES THE RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Binding Arbitration

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of the relationship between you and MR MIKES SteakhouseCasual. Any dispute or claim made by you against MR MIKES SteakhouseCasual or its parents, subsidiaries or affiliates arising out of or relating to this Agreement or the use of a MR MIKES SteakhouseCasual Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you or MR MIKES SteakhouseCasual may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to MR MIKES SteakhouseCasual or its affiliates or franchisees. In respect of any claim that may be made in court, you, and MR MIKES SteakhouseCasual both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures

Prior to initiating any formal proceedings, you must first present any claim or dispute you may have to MR MIKES SteakhouseCasual by contacting info@mrmikes.ca and cooperating in good faith to resolve such a claim or dispute. If such a claim or dispute is not resolved within sixty (60) days, you may request arbitration. The arbitration of any such claim or dispute shall be conducted in accordance with the Arbitrations Act (Ontario) as modified by this agreement. Unless you and MR MIKES SteakhouseCasual agree otherwise, any arbitration will take place in Vancouver, BC, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor MR MIKES SteakhouseCasual may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

Costs of Arbitration

All administrative fees and expenses of an arbitration will be divided equally between you and MR MIKES SteakhouseCasual. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

Class Action Waiver and Jury Waiver.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR MR MIKES STEAKHOUSECASUAL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NEITHER YOU, NOR ANY OTHER USER, MAY ACT AS A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS TO COURT RATHER AN THROUGH ARBITRATION, YOU AND MR MIKES STEAKHOUSECASUAL EACH WAIVER ANY RIGHT TO A JURY TRIAL.

Disclaimers and Limits of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MR MIKES STEAKHOUSECASUAL, ITS PARENTS, SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, LICENSEES, SHAREHOLDERS AND AGENTS (THE “MR MIKES STEAKHOUSECASUAL PARTIES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE LAWS OF CERTAIN JURISDICTIONS (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) MAY NOT ALLOW OR MAY LIMIT THE EXCLUSION OR LIMITATION OF CERTAIN REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH CASE, THE ABOVE EXCLUSION OR LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT CONSISTENT WITH SUCH APPLICABLE LAW. IN THE EVENT THAT ANY MR MIKES STEAKHOUSECASUAL PARTIES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR MR MIKES STEAKHOUSECASUAL CARD PRIOR TO THE TIME AT WHICH SUCH DAMAGES AROSE. SUBJECT TO ANY PROHIBITION OR LIMITATION UNDER APPLICABLE LAW (INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW), IN NO EVENT (INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF MR MIKES STEAKHOUSECASUAL) SHALL THE MR MIKES STEAKHOUSECASUAL PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS OR REVENUE, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES, DEVICE FAILURE OR MALFUNCTION, OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF MR MIKES STEAKHOUSECASUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MR MIKES STEAKHOUSECASUAL PARTIES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A MR MIKES STEAKHOUSECASUAL CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND THEIR CONTROL.

IF YOU RESIDE IN A JURISDICTION OTHER THAN NEW JERSEY, YOUR JURISDICTION (INCLUDING THE PROVINCE OF QUEBEC) MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES, OR LIABILITY, SO SOME OR ALL OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSQUENTIAL DAMAGES, MR MIKES STEAKHOUSECASUAL’S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Assignment

MR MIKES SteakhouseCasual may assign all or part of this Agreement without notice to you. In the event of such assignment by MR MIKES SteakhouseCasual, MR MIKES SteakhouseCasual shall be released from all liability. You may not assign this Agreement without MR MIKES SteakhouseCasual’s prior written consent and any attempted assignment without such consent will be null and void.

Entire Agreement, Construction

The terms contained in this Agreement (which is supplemented by and incorporates the Terms and other MR

MIKES SteakhouseCasual terms and policies, including the Privacy Policy and terms and conditions of the MR MIKES SteakhouseCasual Loyalty Program available within the applicable terms below, in each case as may be posted on one or more of the applicable Services (as defined in the Terms)) constitutes a binding agreement between you and MR MIKES SteakhouseCasual and supersedes all prior agreements between you and MR MIKES SteakhouseCasual regarding the MR MIKES SteakhouseCasual Cards. In the event of a conflict or inconsistency between this Agreement and the Terms, this Agreement shall prevail solely to the extent such that the applicable matter relates to MR MIKES SteakhouseCasual Cards, and in all other respect the Terms shall prevail. If any provision of this Agreement shall be found by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable then that provision shall be deemed to be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and if no such construction is possible, shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and shall not affect the construction, validity and enforceability of such construed or severed provision in any other jurisdiction. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. All references to “include” or “including” in this Agreement shall be interpreted as “include, without limitation,” or “including, without limitation,” as applicable. All your obligations contained herein shall be without limitation to any of your other obligations herein.

It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

For More Information

If you have any questions, complaints, or comments about this Agreement, please email us at info@mrmikes.ca or contact us using another method included in the “Contact Us” page of the MR MIKES SteakhouseCasual website or the App.

MR MIKES SteakhouseCasual Loyalty Program – terms of use

These Terms of Use (“Terms”) form a binding contract between you (“You”) and Mr. Mikes Restaurants

Corporation (“MR MIKES SteakhouseCasual,” “We,” “Us” or “Our”). By creating a MR MIKES SteakhouseCasual account or clicking the “REGISTER” button or other button in MR MIKES

SteakhouseCasual’s mobile application (“MR MIKES SteakhouseCasual App”) or on MR MIKES SteakhouseCasual’s website, you are consenting to these Terms, and You agree to all the provisions contained herein. If You do not agree to these Terms, do not participate in MR MIKES SteakhouseCasual’s Loyalty Program.

MR MIKES SteakhouseCasual’s Loyalty Program is operated by MR MIKES SteakhouseCasual on behalf of participating MR MIKES SteakhouseCasual restaurants across North America.

To the extent permitted by law, MR MIKES SteakhouseCasual reserves the right to change, modify, terminate and/or eliminate the Loyalty Program and/or all or any portion of these Terms or any policy, FAQ, or guideline pertaining to the Loyalty Program at any time and at Our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions which may be accessed through MR MIKES SteakhouseCasual’s website and the MR MIKES SteakhouseCasual App. You waive any right you may have to receive specific notice of such changes or modifications, except as required by law. Your participation in the Loyalty Program confirms your acceptance of these Terms and any changes or modifications to these Terms.

The Loyalty Program is intended for personal use only; commercial use is prohibited. The Loyalty Program is not targeted toward, nor intended for use by, anyone under the age of 13. If You are between the ages of 13 and the age of majority in your jurisdiction of residence, you may only use the Loyalty Program under the supervision of a parent or legal guardian who agrees to be bound by the Terms. You may be required to provide proof of your parent’s or legal guardian’s agreement to the Terms at any time.

Your Loyalty Account is personal to You, and You may only have one (1) Loyalty Account. Your Mikebucks and Rewards under the Loyalty Program may not be sold, transferred, assigned to, or shared with, family, friends, or others. If We discover that You have more than one (1) Account, we may terminate all your accounts, and You shall immediately forfeit all Mikebucks and Rewards. You are responsible for all activity on your Account and for ensuring that no unauthorized person has access to your account.

how to join

To begin earning Mikebucks and Rewards when ordering any of Our menu items, you can register on the MR MIKES SteakhouseCasual’s website or through MR MIKES SteakhouseCasual’s App. You will not be able to register through any other means and You will need to agree to these Terms to participate.

As a condition of membership, you will be asked to provide a valid email address when You register. We will use your preferred email address to contact You about your Account, Mikebucks balance, available Rewards, your orders and otherwise as permitted by law. We may also send You such account information via MR MIKES SteakhouseCasual’s App if You choose to receive push notifications.

earning Mikebucks

The benefits that are available to You through the Loyalty Program are based on the number of Mikebucks that You earn. You can earn Mikebucks on all eligible menu items that You purchase through MR MIKES SteakhouseCasual’s online ordering system on its website (“Online Ordering”) or through the MR MIKES SteakhouseCasual App.

For every one dollar ($1) You spend through Online Ordering, the MR MIKES SteakhouseCasual App or by using the MR MIKES SteakhouseCasual App “scan and pay” or “scan and earn” feature in participating store on eligible menu items, you will be awarded $0.20 in Mikebucks. Some exclusions apply. For example, you cannot earn Mikebucks on purchases of gift cards (including gift card purchases, activations, reloads, transfers, or any other card-to-card transaction). Taxes, tips, donations, fees (including, without limitation, delivery fees, shipping, and handling fees) are also excluded and ineligible for Mikebucks awards. Orders placed through third party online ordering services are not eligible for Mikebucks awards. We may choose to place limits on the number of Mikebucks You can earn daily and/or monthly basis.

Once your Account balance reaches one hundred (100) Mikebucks, these Mikebucks can be redeemed for a five-dollar ($5) Reward which is a discount coupon that can be used for five dollars ($5) off your future purchase through Online Ordering or the MR MIKES SteakhouseCasual App. The five-dollar ($5) Reward is unique, solely associated with your account and for your use only. Mikebucks and Rewards can only be earned and redeemed at any MR MIKES SteakhouseCasual in Canada.

Generally, Mikebucks for qualifying purchases from participating stores are automatically added to your Account within twenty-four (24) hours of confirmation of your order. From time to time, We, or others acting with Our permission, may offer You special promotions that offer You “Promotional Mikebucks.” Promotional Mikebucks will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.

IMPORTANT NOTE: Mikebucks and all other Rewards are promotional, have no cash value, and may not be exchanged for cash or converted to a gift card balance. If You do not redeem the entire value of your Reward in one transaction, the remaining amount will be forfeited. All Mikebucks and Rewards will expire on termination of your participation in the Loyalty Program (whether terminated by You or by Us) or termination of the Loyalty Program altogether, subject only to notice to You that is required by law, if any.

how to redeem Mikebucks and rewards

To redeem your Reward using Online Ordering, you will be able to apply your Reward prior to submitting your order. Once You are notified that You have received a Reward, you are eligible to use your Reward for any future qualifying purchase prior to its expiration at a participating MR MIKES SteakhouseCasual restaurant. You can redeem Rewards in a single purchase made through the Online Ordering system or through the MR MIKES SteakhouseCasual App. We reserve the right to change the limitations applicable to the redemption of Rewards and/or Mikebucks.

Mikebucks and Rewards will be added to your Account after your order has been confirmed by the participating restaurant. A notification sent to your email or noted within your account in the MR MIKES SteakhouseCasual App or on MR MIKES SteakhouseCasual’s website will notify You when You have been awarded a Reward that is ready to be used on a future purchase. You can view and track your Mikebuck balance and available Rewards on https://mrmikesrewards.datacandyinfo.com/login or by using the MR MIKES SteakhouseCasual App. MR MIKES SteakhouseCasual reserves the right to change the number of Mikebucks and Rewards You can earn at any time.

voids earn / earning suspended

Any Mikebucks or Rewards You were awarded from a transaction that is later voided for any reason, shall be deducted from your Loyalty Program account balance, potentially resulting in a negative Mikebucks balance.

Without notice to You, all earning, and redemption activities shall be suspended on Loyalty Program accounts that have been “frozen” due to actual or suspected fraudulent activity.

expiration of Mikebucks, rewards, and termination of your loyalty account

Rewards may be subject to additional terms and conditions including a shorter expiration date, which will be stated on the Reward, unless otherwise prohibited by law. If You do not redeem any Reward by the stated expiration date, the Reward will expire, it will no longer be valid, and it will be deducted from your Account.

Without notice to You, we reserve the right to terminate or suspend your account in the event that your account is inactive for more than twelve (12) months.

privacy and communications

Your privacy is important to Us. We provide a Privacy Policy that explains Our information practices and the choices You can make concerning the use and disclosure of your personal information. Navigate to https://mrmikes.ca/privacy –policy/ to view Our Privacy Policy which forms a part of these Terms.

We will send You messages related to your Account to the e-mail address that You provide in your account or through the push notifications in the MR MIKES SteakhouseCasual App. Notifications of Rewards will be sent by push notifications through the MR MIKES SteakhouseCasual App or may be sent by e-mail if You have signed up to receive promotional messages. If You have not downloaded the MR MIKES SteakhouseCasual App, you will see any available Rewards when You access your account online.

You may also sign up to receive promotional messages sent to You by various means used by MR MIKES SteakhouseCasual or its service providers (which may include, without limitation, email, SMS, or other computer electronic messaging) either on MR MIKES SteakhouseCasual’s website, in MR MIKES SteakhouseCasual’s App or within the settings applicable to the relevant service provider. You may unsubscribe from promotional commercial messages at any time by changing your preferences in your account or opting out via the unsubscribe link at the bottom of your email, or by following the opt-out instructions to the SMS message or other computer electronic message as specified in the message. Even if You opt out of receiving promotional messages, you understand and agree that We may continue to send You administrative messages concerning your Account.

additional terms

SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT PERMIT THE LIMITATIONS OF CERTAIN RIGHTS, IMPLIED WARRANTIES OR TYPES OF DAMAGES. If those laws are applicable to You, some or all the following and waivers may not apply to You. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law.

We make no warranties, express or implied, with respect to the Loyalty Program including but not limited to any implied warranty of merchantability or fitness for a particular purpose.

By participating in the Loyalty Program, You agree that MR MIKES SteakhouseCasual has no responsibility or liability for any expense, loss, cost, injury, damage, or any other matter or thing whatsoever, however suffered or caused directly or indirectly arising out of or related to the Loyalty Program or these Terms, including without limitation: (i) any failure, delay or decision by MR MIKES SteakhouseCasual in administering the Loyalty Program or these Terms, including amendments thereto; (ii) unauthorized use by any third party of your account; or (iii) the loss, theft, or delayed notification of any Mikebucks or Rewards issued under the Loyalty Program or these Terms.

We and You agree that, on any claim arising out of or relating to your participation in the Loyalty Program or these Terms, to the fullest extent permitted by law recovery of damages shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages and We and You both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages. Any liability We may have to You for any negligence, breach of contract or otherwise, is limited to crediting your account with the Mikebucks or Rewards so determined to be earned by You. These limitations and waivers are intended to be construed broadly and shall apply to any and all claims arising out of or relating to your participation in the Loyalty Program, these Terms, against any entity or person affiliated with the MR MIKES SteakhouseCasual brand, including but not limited to Us and any MR MIKES

SteakhouseCasual franchisee around the world; and any of their respective directors, officers, employees, or other representatives. The foregoing limitations and waivers shall also survive the termination of these Terms. In the event that any part of these Terms is determined by a court to be invalid or unenforceable, the remainder shall still be given full force and effect, to the fullest extent permitted by law.

To the extent permitted by law, these Terms shall otherwise be governed by and construed in accordance with the substantive laws of the Province of Ontario and the laws of Canada applicable therein without reference to any rules regarding conflicts of law.

general

You have no ownership interest in Mikebucks or any Rewards. Use of the word “earn” in marketing materials in relation to the Loyalty Program shall mean “collect” and shall not infer that the Mikebucks or any Rewards have any value until they are redeemed. Mikebucks may not be purchased or sold and are not transferable except as otherwise stated herein.

Despite Our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending Rewards or Mikebucks balance in your Loyalty Account. In the event of any inconsistency or discrepancy between the Terms or other statements contained in any related materials or advertising, the terms of the then-current Terms shall prevail, govern, and control.

If you have any questions regarding cancellation of your membership or deletion of your account, please email info@mrmikes.ca. In the event that your membership is cancelled, or account is deleted, subject only to any notice that may be required by law, all Mikebucks and all Rewards will expire and become void upon the date of termination.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.