אזהרה: צריכה מופרזת של אלכוהול מסכנת חיים ומזיקה לבריאות!
WARNING: EXCESSIVE CONSUMPTION OF ALCOHOL IS LIFE THREATENING AND IS DETRIMENTAL TO HEALTH!
Updated April [_], 2020
MINC Ltd., a company incorporated under the laws of the State of Israel, P.C.N 516167848 (hereinafter, the “Company”, or “We”), welcomes you (the “Customer” or “You”), to use the Beebo application (which may be distributed in the different platforms, such as Apple’s Appstore and Google’s Googleplay, etc.,) (the “APP”).
Acceptance of the Terms .
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU REPRESENT AND DECLARE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND SHALL NOT MAKE ANY USE OF OUR SERVICES OTHERWISE.
Welcome to the Beebo APP!
The APP is a marketplace between bars and their customers. It allow you as a customer to get a discounted daily (or monthly for non-paying users, as described below) beer in each of the bars in cooperation with the app (the “Service”). Moreover, we are constantly changing and improving the APP. We may add or remove features, and we may suspend, limit or stop a certain function on the APP altogether.
User Registration, Identification, and Subscription . IN LINE WITH THE NATURE OF OUR SERVICES, THE REGISTRATION TO THE APPLICATION IS AGE LIMITED AND IN ORDER TO USE OUR SERVICES THROUGH THE APP, YOU MUST IDENTIFY TO AND BE AT LEAST 18 YEARS OLD (OR MORE, DEPENDING SOLELY ON THE TERMS AND CONDITIONS OF OUR SUPPLIERS).
User Registration. The APP’s functions are available subject to registration, as set forth hereunder. The initial registration process will require you to fill in the following details: email address, first and last name and your date of birth (the “Registration”).
You can register to the APP using your email address and creating a password, or through your account with Facebook or Google. In using your social network login, you understand that we will have access to information from your Facebook or Google Account. If you use an email and password, please memorize or save the password in a secure place. Remember that you are responsible for the activity that happens on or through your account. When creating your account, you agree to provide accurate and true information, and to update it through the APP or by notifying us.
Voucher. We do our best to help you connect with local bars in your area and as such, subject to the Monthly/Yearly Subscription Plan/free of charge use and these Terms, as part of our services, we will offer you the opportunity to choose certain vouchers from a list published on our APP, that may change from time to time, in our sole discretion and without the need to give any prior notice (the “Voucher”). The Voucher may include details such as: (i) type of product to which the Voucher shall apply; (ii) product price (post discount); and (iii) venue and/or any other details as may be change from time to time. By selecting a Voucher, you may then redeem and exchange the Voucher, in order to buy the offered product at the discounted price in the venue, as applicable, subject to the operating time and other requirements of each venue .
Choosing a Voucher, in accordance to this TOU and our Providers’ respective policies, shall create an additional agreement between you and the respective Provider. To this additional agreement, we are not a party.
Subscription. The Services shall become available to you upon entering valid payment details, registering to the APP, and choosing from either one (1) of our two (2) payment plans:
Monthly Subscription Plan - paying monthly subscription fees for the Monthly Subscription Plan in the amount of NIS 15 (the “Monthly Subscription Fee”). Subscribing to the Monthly Subscription Plan will grant you a limited License (as further defined below) to use the APP for thirty (30) consecutive days from the date that the Monthly Subscription Fee has been received (the “Monthly Subscription Period”).
Subsequent to the end of the Monthly Subscription Period, THE MONTHLY SUBSCRIPTION PLAN WILL BE AUTOMATICALLY RENEWED,unless previously canceled or terminated, by either party, in accordance with the Cancellation Policy (as described below) and Term and Termination hereunder.
Yearly Subscription Plan – purchasing the Yearly Subscription Plan for a one-time payment in the amount of NIS 135 (the “Yearly Subscription Fee”) . The Yearly Subscription Plan will grant you a limited License (as further defined below) to use the APP for twelve (12) consecutive calendar months from the date that the Yearly Subscription Fee has been received (the “ Yearly Subscription Period” and together with the Monthly Subscription Period, the “Subscription Period”).
THE YEARLY SUBSCRIPTION PLAN DOES NOT RENEW AUTOMATICALLY – The Customer may renew its Yearly Subscription Plan, at any time, prior to the expiration of the Yearly Subscription Period, unless previously canceled or terminated by either party, in accordance with our Cancellation Policy and Term and Termination hereunder. For the avoidance of any doubt, unless renewed automatically by the Customer, the Yearly Subscription Plan will be terminated upon the end of the Yearly Subscription Period, as applicable.
The Monthly/Yearly Subscription Plans grants you the right to receive daily Vouchers.
Alternatively, you may enjoy the limited version of our Service free of charge, which offers you as a customer to get a monthly Voucher, all subject to the Terms.
Providers. We aspire to give you the best experience through our APP. In order to do so, we work with various business and otherwise make certain collaborations and associations in different natures and forms with bars and other places of service (the “Providers”) so you could have a rich variety of options to choose from when using our APP.
Alcoholic Beverages` Marketing Regulations. Alcohol and alcoholic beverages can be very dangerous if consumed abusively or inappropriately. As a Company, we take this matter very seriously – we do not condone such behavior and advice our users not to indulge themselves in any way that may be harmful to themselves or to others;
We cannot make certain that each Provider publicized on our APP will comply with any and all applicable laws, including the regulations pursuant to the Israeli Advertising and Marketing Limit on Alcoholic Beverages Act, 2012 and Restrictions on Advertising and Marketing of Alcoholic Beverages (Warning Mark) Regulation, 2013 - verbatim and in the form and shape stated thereunder.
Therefore, we will not in any case be responsible for any Provider that may, on its own judgment, fails to comply with any such regulations and laws.
Google Maps/Earth. The APP may implement Google Maps/Google Earth M/Apple Maps mapping services, including Google Maps API(s). Your use of Google Maps/Google Earth/Apple Maps is subject to the Google Maps/Google Earth/Apple Maps Additional Terms of Service .
Intellectual Property Ownership; License . The Company retains all rights in the APP and in the Services and materials related thereto (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “ Service Materials”). The company owns all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the APP and the Services or by accessing any of the Service Materials, or rights to any derivative works thereof.
When you download and subscribe to the APP, we will give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the APP. This license is for the sole purpose of enabling you to use and enjoy the benefits of the APP, in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of the APP, nor may you reverse engineer or attempt to extract the source code of the APP, unless laws prohibit those restrictions (the “License”).
Cancellation . Our cancellation policy is in accordance with the Apple’s/Google’s App-Store/Google-Play cancellation policy, respectively .
You may cancel your subscription to our APP, for whatever reason, at any given time, all in accordance with the terms of the Apple/Google cancellation policy, as applicable. Subsequent to such cancelation of your Subscription to the APP, the Subscription Period will not be renewed further until you will re-subscribe to the APP, however our Services will continue to stay available to you for the rest of your remaining Subscription Period.
Unless stated otherwise under the Israeli Consumer Protection Law, by canceling the Monthly Subscription Plan or Yearly Subscription Plan, you shall not be entitled to any refund, repayment or otherwise and the Company shall not be obliged to return any amount received for the Services provided to you.
PLEASE NOTE THAT THIS CANCELLATION POLICY IS SUBJECTED TO THE ISRAELI CONSUMER PROTECTION LAW.
Content . The APP presents content generated by us. Such content include (but not limited to) Logos, names, trademarks and other intellectual property that are being displayed on the APP. Some of this intellectual property is ours, and some of it belongs to our business partners, the Providers or otherwise. You are not being granted with ownership of any intellectual property rights as such, nor with the authorization to use them.
Prohibited Activities. In connection with your use of the APP, we expressly forbid you to:
● Break the law, or violate our Terms or policies, or any of the Providers’ terms or policies;
● Abuse the APP in any way. That includes hacking, gaining unauthorized access to the APP in any way, or using any automated software on the APP to access, collect data or other content from or otherwise interact with the APP, for any purpose;
● Contact another user for the purpose of recruiting or otherwise soliciting any user to join third-party services, applications or websites, without our prior written approval;
● Violate anyone else’s rights or otherwise cause harm to anyone.
● Conduct any act or form of drinking and driving or drink abusively in a way that might put yourself or others at risk – we advise you to drink measurably and responsibly.
Technical Support . We will provide technical support to you regarding possible errors in using the APP, as well as for solving any problems with installation. We may also offer help regarding operating your mobile device, but such support, if offered, shall be limited to a specific number of popular models of mobile devices. Technical support shall be available at firstname.lastname@example.org , and shall include troubleshooting response. We will supply such technical support in less than 72 hours from the time that the first request for technical support was sent. Technical support will be available in English or in Hebrew.
Remember that the APP is available through the internet, and as such the communication with the APP is based on communication lines which are not 100% reliable. Furthermore, the APP may, from time to time, conduct maintenance during which the APP may be unavailable to you.
Third Party Policies . The Providers’ services are being governed by their own terms and policies, which in some cases, you will be able to review, each in its own website, or premise and/or in another form as applicable. We may provide a link to the website of each Provider and/or a different form of viewing its terms and policies, as applicable.
While using the APP, you may be proposed to choose different Vouchers which will be offered to you by our Providers. Choosing a Voucher, in accordance to this Terms and our Providers’ respective policies, shall create an additional agreement between you and the respective Provider. To this additional agreement, we are not a party.
Translation. To assist users who speak different languages, the APP and information presented on the APP may be translated, in whole or in part, into other languages, including translations powered by third-parties such as Google Translate. We cannot guarantee the accuracy or quality of such translations and it’s the user’s responsibility to verify the accuracy of any translation. Please note that in case of any inconsistency between any translated version of the App and the original English version, the later will prevail.
Term and Termination . These Terms shall be binding upon you so long as you access or use the APP and its services, and/or maintain an account with the APP, and for 30 days after the last of such access, usage or termination of your account. If you violate any of these Terms and/or at our sole discretion, at any given time, we may suspend or terminate your account, Subscription or otherwise access to the APP without telling you before we do so, and we may give you a notice of our intention to take measures against your violations.
following such termination of your account and/or suspension thereof, you acknowledge and agree that you shall not be entitled to any refund, repayment or otherwise and the Company shall not be obliged to return any amount of money received for the services provided to you. For the sake of clarity, in case a Voucher was cancelled because of this, you will not be entitled to any compensation or a refund from us.
Without derogating from the foregoing, any action made by us to terminate, cancel or otherwise act against such violation mentioned in this section do not limit our rights towards any other legal remedies which we may be entitled to.
Third Party Material. You may be able to access, review, display or use third party Service, resources, content, data, information, and/or links to other websites or resources (the “Third Party Materials”) via the APP. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Tailor-ED disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the APP. You acknowledge and agree that We: (i) are not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or service on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the APP. Your ability to access or link to Third Party Materials or third party Service does not imply any endorsement by Us of Third Party Materials or any such third party Service.
These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted (by license or otherwise) by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials. You may not use any Third Party Materials for which you have not obtained appropriate approval to use. We cannot grant permission to use third party content.
DISCLAIMERS . YOU HEREBY AGREE AND CONFIRM THAT THE SERVICES ARE PROVIDED TO YOU ‘AS IS’ AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH THE APP, THE SERVICES, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS OR TIMELINESS.
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES, OF THE CONTENT OF ANY SITES LINKED TO THE SERVICES, OR OF ANY THIRD-PARTY MATERIALS. WE DON’T MAKE ANY COMMITMENTS ABOUT THIRD PARTY SERVICES WHICH ARE OFFERED ON THE APP, OR ANY ABILITY TO MEET YOUR NEEDS.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, JOINT-VENTURES, LICENSEES OR LICENSORS (COLLECTIVELY, “ COMPANY’S PARTIES”) REPRESENT OR WARRANT THAT THE APP AND THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE USE OF THE APP AND THE SERVICES IS AT YOUR SOLE RISK.
ADDITIONALLY, IN NO EVENT SHALL THE COMPANY OR COMPANY’S PARTIES BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF THIRD-PARTY MATERIALS, SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS CONTAINED HEREIN SHALL APPLY TO ANY AND ALL DAMAGES OR INJURIES WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY AND ANY OF COMPANY’S PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING FOR LOSS OF PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR DATA DESTRUCTION OR IMPAIRMENT) SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
IF YOU ARE DISSATISFIED WITH THE SERVICES, OR WITH THESE TERMS, OR YOU HAVE ANY DISPUTE WITH US OR ANY OF THE COMPANY’S PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ANY COMPANY’S PARTIES ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPANY OR COMPANY’S PARTIES LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES, MERCHANTS, PROVIDERS AND OPERATORS OF EXTERNAL SERVICES, AND THAT THE RISK REGARDING THE FOREGOING RESTS ENTIRELY WITH YOU.
The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by us.
Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by Force Majeure. “ Force Majeure” referrers to circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, war, terrorism, embargo, accident, plague, labor disputes, or shortage of material, equipment or transport, any law, regulation, governmental interventions (such as, for example, the closing of our Providers businesses), or any ruling of court, tribunal or governmental agency.
Limitation on liability . WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT THE AGGREGATE LIABILITY OF THE COMPANY AND/OR ANY OF THE COMPANY’S PARTIES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES AND THE APP WILL EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS FOR THE USE OF THE SERVICES.
Indemnification . If any damage is caused to us and/or any other person or entity acting on Our behalf as a result of your violation of these Terms, Your use of and access to the APP and/or any claim that any of your activity in relation to the APP made by you has caused damage or harm to a third party and/or to yourself and/or any infringement of any intellectual property rights, you agree to compensate us for any and all such damage.
Communication with us
We might email you with announcements and messages (including commercial
emails). You can ask us to stop sending such emails by sending us an email
However, we may email you with account activation emails and other security emails, and these may be important for using the APP.
Any communication with us can be made through the means detailed at the bottom of these Terms. Any communication you send to us will be considered non-confidential and we may freely use it. By submitting feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those communications for any purpose, without compensation to you.
Applicable Law and Jurisdiction. These Terms will be interpreted in accordance with the laws of the State of Israel, without regard to conflict-of-law provisions. Judicial proceedings must be brought exclusively to the courts in Tel-Aviv, unless we both agree to some other location.
General Provisions. If You or We terminate these Terms, the clauses of these Terms that reasonably should survive termination of the Terms will remain in effect; If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions; Our failure to enforce any provision in these Terms will not be considered as if we gave up on that provision; You may not assign or transfer your rights and obligations hereunder without our prior written consent. We may assign or transfer any rights and obligations hereunder, at our discretion, with 30 days prior notice.
If you have questions about this policy, here’s how you can reach us:
You may contact us at: email@example.com
Alternatively, you may contact us at: firstname.lastname@example.org