END USER LICENSE AGREEMENT FOR BEENGO MOBILE APPLICATION
TERMS OF USE
INTRODUCTION
This End User License Agreement (“Agreement”) sets forth the legally binding terms of use and conditions (“Terms of Use”) governing a) each User’s (as defined below) use of Beengo mobile application downloaded or otherwise acquired by you (the “App” or “Application”) that is designed to operate on any device you own or control which runs any iOS 7 and newer , Android 3.5+ mobile operating system (“Device”) and b) each User’s use of, without limitation, any other software, services, features, content, websites (or other linked pages) or applications (including without limitation mobile and web applications) offered, from time to time, by Bespot in connection with the App (collectively the “Service(s)”).
By using this App, you agree to be bound by the terms and conditions of this Agreement.
You acknowledge that this Agreement is entered into by and between you and Bespot , a Greek a private company (“IKE”) incorporated under the laws of Greece, having General Commercial Register number 148393501000, registered address at Voutadon 28, Athens, 11854, Tax Identification Number 801070388 DOY Α’ ATHINON, which details can be found in www.bespot.com, licensor of the App ( “Beengo”), and not with any third party Device platform or associated service provider or telecommunications carrier or the third party from whom you are downloading this App or any of their affiliates (each, a “Service Provider”, collectively, “Service Providers”). You also acknowledge that Service Providers have no obligation hereunder to furnish any maintenance and support services with respect to the App.
Your use of the App is subject to the present Terms of Use including Beengo’s Privacy Policy (https://www.beengo.app/privacy-policy/). You must also comply with the usage rules established by any Service Providers that apply to your Device (“Usage Rules“). Such Usage Rules are incorporated herein by reference. It is your responsibility to determine what Usage Rules apply to your use of the App, as they may be applicable to you depending on (i) your Device, (ii) the method by which you downloaded or otherwise acquired the App, and (iii) the third party from whom you downloaded or otherwise acquired the App. Any third party Device platform or the third party from whom you are downloading this App may make it a condition of their agreements with you, that the App made available through such distribution service, be downloaded, installed and used only on certain proprietary handheld software platforms operating on a Device.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE APP OFFERED BY BESPOT. BY USING THE APP AND THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THIS AGREEMENT DO NOT USE THE APP OR ANY OF ITS SERVICE(S) OR ANY OTHER SERVICE(S) PROVIDED BY BESPOT RELATED TO THE APP.
BY AGREEING TO THESE TERMS OF USE YOU ALSO REPRESENT THAT YOU ARE OF THE APPROPRIATE LEGAL AGE TO ENTER INTO SUCH AN AGREEMENT (PLUS EIGHTEEN YEARS OLD) AND THAT YOU HAVE READ, UNDERSTOOD AND IRREVOCABLY AGREE WITH. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, DO NOT USE THE APP.
Bespot reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new Users and thirty (30) days after notification (including by posting a notice on the applicable Beengo website) for current Users. Registered Users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the App. Your continued use of the App following the thirty (30) day notice period constitutes your acceptance of those changes.
TERMS OF USE
INTERPRETATION- DEFINITIONS
The definitions and rules of interpretation in this clause apply in the Terms of Use.
Beengo App: the mobile (or any other applicable electronic device) application that permits you to access any of the Services.
User’s Facebook Account Data: Data that Bespot gets from the User’s Facebook account when first used by the User.
Services: Any services provided by Bespot to Users with reference to the App.
User: means any person that downloads and can use the Beengo App and the Services, either for himself or on behalf of a third party, in accordance with these Terms.
Active User: The user that uses the App and takes part in the draw to win a reward
Spot: Any Point of Interest listed in Beengo application.
Checkin: means the activity tracked by Beengo when a user opens the application near a Spot and stays nearby for
Survey: means the question prompted to a user in Beengo application
Beengo Points: are the in-app digital currency that can be exchanged for other Rewards.
Beengo Wallet: the area on your Profile where you can use and store Beengo Points and add your loyalty cards
Profile: the secure area on Beengo App where you can log in and view your preferences and other profile related information
Business Partner: Any business that has created an account with Bespot and been registered to the Services to provide rewards to Users who are entitled to them according to this present Terms and Conditions of Use.
Reward: Is the digital coupon with discount, digital giftcard or digital voucher for a sample product that the User is entitled to redeem by a Business Partner, after a draw process attached to a specific geographical location (Spot) or available for purchase via Beengo app with Beengo Points redemption.
Expiration Time: The time duration that each Reward is valid. After the expiration time the reward disappears.
Walk-in Interval: The time duration that has to pass in order to Check in on the same Spot.
Business’ Profile: Is the Profile of the Business that appears on the App and contains all details in relation to its location, rating and all policies in relation to a reward redemption.
Customer Services: can be emailed at [email protected]
We/us/ours/Beengo/Bespot: Bespot Private Company
Website/s: https://www.beengo.app/ or any other additional or replacement website indicated from time to time on Beengo App
Clause, schedule and paragraphs headings shall not affect the interpretation of the Terms of Use.
Words in the singular shall include the plural and vica versa.
A reference to one gender shall include a reference to the other genders.
A reference to a statutory provision or statute is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
Reference to clauses and schedules are to the clauses and schedules of the Terms of Use; references to paragraphs are to paragraphs of the relevant schedule of the Terms of Use.
Where applicable in this Agreement any reference to User shall also include the Authorized User.
The Beengo App and your Profile
To register with us and open a Profile:
User downloads and installs the Application for free, from Apple App Store or Google Play, depending on his smartphone/mobile device. By downloading the Application, he accepts the present Terms of Use and he verifies that he is older than 18 years old.
Open a Profile by entering the required details
In order to use the Beengo App, we may need to collect personal information about you in accordance with our Privacy Policy
You warrant and guarantee that all the information provided by you in relation to these Terms is true and accurate and must notify us immediately if there is a change in the information you supply with via your Profile
We reserve the right to refuse applications to open a Profile
SERVICES
The full extent of the Services shall be set out in the Beengo App and/or Websites but include:
The ability to receive Beengo Points by carrying out Check-ins
The ability to win Rewards by carrying out Check-ins
The ability to receive Beengo Points by participating in Surveys
BEENGO POINTS & REWARDS
The Rewards collected after a Checkin or with Beengo Points redemption could consist of one or more of the following non-exhaustive list of items as we make available from time to time:
Beengo Points
Third party gift vouchers
Marketing materials
Discount vouchers
Coupon vouchers
Sample Product vouchers
Each reward has distinct terms and conditions and redemption points. Please read the terms and conditions applicable to each reward.
STEPS/PROCEDURE FOR GETTING A REWARD
When first used, User is asked to connect and log in with his Facebook account. During that process Bespot collects User’s Facebook account data.
The User opens the application near an active Spot on the application map in order to begin the draw process.
The Checkin task is complete automatically if all conditions communicated through Beengo App Spot details are met.
If Beengo Points are attached to the Spot that the user successfully checkins, the user collects the respective number of Points and are added to her Beengo Wallet balance
The draw process takes into account the active Users of the application at the moment of each individual draw, the time, the rewards that are attached in the specific Spot, the User’s position at the time of the draw, the User’s Rewards and gives the proportionate chances of success of the User.
In case a User does not win a reward, the User can try again after the Walkin Interval defined in the Spot details of Beengo App.
In case of success in the draw process, the User is able to:
“See” his reward immediately by selecting the relevant button
Access later the Reward in Rewards tab
5. CONTESTS
About contests that take place in Application, specific Terms and Conditions apply to each contest and are published on the Application's site https://www.beengo.app/. Each active contest is available in "Wallet" and has access to Terms and Conditions by providing the URL link to the Application's site.
*Apple or any other company that is NOT specified in the Terms and Conditions of each contest, are NOT and SHOULD NOT be considered to be involved in the contest or sponsor the contest.
When the User collects a reward, he warrants that has read and accepted the said Business Partner’s Policy and has the right to redeem a reward at the specific Business, of the indicated maximum value until the expiration time of the reward. The collection of a reward by no way means that there is a reservation of stock, booking appointment or any other space in the business and Bespot bears no responsibility if a User cannot redeem the reward by a Business due to lack of respective stock, capacity or any other reasons during the period the reward is valid.
The user can redeem the reward following the instructions, details and restrictions provided on the digital Reward description.
If the Reward can be redeemed at a physical store: The User visits the specific Business that he can redeem a Beengo Reward before the expiration time. The User is obligated to show to a member of the personnel of the Business Partners his Beengo reward on his mobile device before going to the cashier or set an order. Then the member of the personnel of the Business Partners has to tap verify the validity of the unique reward code on the User’s mobile device and receive the subsequent confirmation message and then proceed into giving the User the reward that the User desires.
If the Reward can be redeemed at an e-shop: The User has to write down the unique Reward code at the respective e-shop coupon code redemption field, apply it and then proceed to checkout.
It is thereby acknowledged and agreed that If the User wants to redeem a Beengo reward of lesser value from the items that he wants to purchase (e.g. the reward has a maximum value of 5€ and the item the User desires to purchase has a value of 7€), the User is obligated to pay the difference of the value between the Beengo reward and the item that the User desires (in the example that is 2€). In the reverse occasion, where the Beengo reward has a higher value than the item that the User desires (e.g. a reward that has a max value of 5€ and the item has a value of 4€), the Business does not give back to the User the financial difference (in the example that would be 1€). The Business has the right not to accept a Beengo Reward with higher value than the total transaction value.
LIMITATIONS
The Business Partners have the right to refuse service to a user that has won a Beengo reward, only in accordance with the applicable legislation about denial of service to customers.
A Beengo reward for specific products or product categories cannot be redeemed with other products of the same value, unless the Business Partners decides otherwise during the redemption process of the Beengo reward.
Bespot bears no responsibility and is not obligated to track if businesses issue a receipt for the Beengo reward that a User will redeem, in the case that it is required by law.
PROFILE AND BEENGO WALLET SECURITY
Via Beengo App you will be given security information to enable access to your Profile e.g. password or passcode that is personal and must not be disclosed to anyone else
You must take reasonable precautions to prevent fraudulent use of your Beengo Wallet and Profile
PRIVACY POLICY
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our services. If you use a third party application of one of our API partners, any of the personal data you make accessible via the application is subject to that party’s privacy policy.
By using the Services, you agree that we can use your personal data in accordance with our Privacy Policy.
USE OF THE SERVICES
Beengo App is designed to provide to Users a chance to win Beengo Rewards and Points in their region.
Use of the Service(s), requires that User has (a) priory downloaded the App available through the Apple App Store, Google Play Store or other source to his smart-phone, device and (b) has accepted the Terms of Use.
The following shall apply to any use of the Service in connection with the Application:
Both User and Bespot acknowledge that this Agreement is concluded between the User and Bespot only; and not with Apple or Google, and that Apple or Google is not responsible for the Application or the Content;
User acknowledges and agrees that Service Providers are third party beneficiaries of these terms and upon User’s acceptance of the terms of this Agreement, Service Providers will have the right (and are deemed to have accepted the right) to enforce these terms against User as a third party beneficiary thereof.
The Use of the Application is licensed to User on a limited, non-exclusive, non-transferrable, non-sub licensable basis. The Application is solely to be used in connection with the Service for User’s private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
This Agreement does not give User any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by Bespot or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle User to receive any maintenance or support services with respect to the App.
The license is effective for an indefinite period of time, until Bespot terminates it as per this Agreement.
User will only use the Application in connection with an Apple or Android device that he/she own or control;
User acknowledges and agrees that Apple/Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
User acknowledges and agrees that Bespot and not Apple or Google, is responsible for addressing any claims he/she or any third party may have in relation to the Application;
User acknowledges and agrees that in the event of any third party claim that the Application, or User’s possession and use of the Application, infringes upon that third party’s intellectual property rights, Bespot and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
Both User and Bespot acknowledge and agree that Apple/Google and Apple’s/Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon User’s acceptance of this Agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against him/her you as the third party beneficiary hereof.
In cases the User disagrees with the Terms of Use or any of the term herein, should not use the Application and the Service in any way. Any use of the Service by the User implies that the User has irrevocably accepted the Terms of Use and he/she abides and accepts them every time he/she is using the Services.
Bespot reserves the right, in its sole discretion, to modify or replace all or any part of the Terms of Use (including, without limitation, pricing and payment terms), or change, suspend, or discontinue all or any part of the Service at any time by posting a notice on the Site or by sending User an email. Any such change – amendment will be valid from the date it is posted on the site. It is User’s responsibility to check the Terms of Use periodically for changes. User’s continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Subject to User’s acceptance of the Terms of Use, Bespot will provide the services to the User namely access to App and all software, data, text, images, sounds, video and content made available through the App.
User acknowledges that Bespot may charge a fee for existing features of the Services or future Services (e.g. Additional Services) if those features and/or Additional Services are advertised on the Site as available for purchase (the “Paid Services”) and such fees will be charged in accordance with a relevant clause to be added to this Agreement.
User shall not, and shall not permit the Authorized Users, to access, store, distribute or transmit any Viruses, or any material during the course of his/her/their use of the Services that: (i)are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitate illegal activity; (iii) depict sexually explicit images; (iv) promote unlawful violence; (v) are discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; or (vi) cause damage or injury to any person or property.
User shall not, and shall not permit the Authorized Users, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under the Terms of Use, to:
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
access all or any part of the Services in order to build a product or service which competes with the Services; or
use the Services to provide services to third parties, except where explicitly indicated herein or on the Site; or
license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except himself or the Authorised User, or
attempt to obtain, or assist third parties in obtaining, access to the Services and/or Data, other than as provided herein.
User shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, promptly notify Bespot.
By way of example, and not as a limitation, Users and/or Authorized Users shall not:
Use the Services for any other reason but those provided herein;
Transmit any virus in the Software;
Upload any unethical Content and/ or any illegal, defamatory or any threatening data and content.
Use the Services in such a way that may put in danger Bespot and/or its Associates interests and reputation.
Use the Services in such a way that may prevent the Use of the Service from other Users.
Take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity.
As a condition of use, User shall not use the Service for any purpose that is prohibited by the Terms of Use or other rules or policies implemented by Bespot from time to time. The Service (including, without limitation, any Content) is provided only for personal, non-commercial use. Additionally User shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Bespot’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Bespot may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that he/she receive hereunder.
Any Data provided to Bespot (uploaded in the Application) by the User during the course his use of the Services, shall be accurate, complete and updated. User is solely responsible for the activity that occurs on his/her account and for maintaining the security of the Application and any information User inputs to the Application. User shall not use or access another user’s account without such other user’s express permission. User will immediately notify Bespot in writing of any unauthorized use of his/her account, or any other account-related security breach of which he is aware. The Service is available only to individuals who are adults, or children 10 years and older whose use is supervised by a parent and/or legal guardian.
Use of Information: If User creates, transmits, submits, displays or otherwise makes available information (including, without limitation, information he has made available while using the Service), he may provide only information that he owns or has the right to use. When User provides access to any such information through the Service, he gives Bespot a license to fully use and exploit that information in connection with providing the Service. However, Bespot may only use the information User provides as permitted by Beengo’s Privacy Policy, and applicable law. User must review Beengo Privacy Policy for more information regarding how Bespot uses and discloses his/her personal information. Beengo’s Privacy Policy is hereby incorporated into these Terms of Use by this reference.
Beengo does promote or advertise any of its Clients and or their business, products and or services.
User is solely responsible for any decisions or actions he takes based on the information and materials available through the Service. Reliance on any information provided by Beengo or in connection with the Service is solely at User’s own risk.
INHERENT RISKS
Checkins and such location-based activities facilitated by the Services can be dangerous and may take you to difficult to access or potentially treacherous locations. When placing or setting Beengo Spots or taking part in other location-based activities you risk property damage, bodily injury or death.
There are many variables that must by be considered prior to seeking or placing a Spot or engaging in other location-based activities, including: weather, fitness level, terrain features and outdoor experience. Be prepared and be sure to check the current conditions before heading outdoors. Always exercise common sense and caution
YOU ASSUME ALL RISKS ASSOCIATED WITH PLACING OR SEEKING A SPOT AND OTHER LOCATION-BASED ACTIVITIES ASSOCIATED WITH OUR SERVICES AND AGREE TO RELEASE AND HOLD HARMLESS SPOT, LANDOWNERS ON WHOSE PROPERTY SPOTS ARE VIRTUALLY PLACED FROM ANY LIABILITY FOR INJURY OR LOSS SUFFERED BY YOU THROUGH THE USE OF OUR SERVICES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
BEENGO’S RIGHTS AND OBLIGATIONS
Beengo reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if Beengo is concerned that User may have violated the Terms of Use, or for no reason at all.
Beengo may provide links to, or contact information for, third party sites or services. Beengo is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any club, bar, restaurant, drink, location, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Service.
Beengo also may enter into business arrangements with third-parties, including Sponsors, which will allow Users to share their personal data with them. Whether to share Users’ personal data with these third-parties will be up to the User. By properly following instructions provided by Beengo and these third-parties, Users will be able to decide whether to share personal data with these third-parties.
Beengo will use its reasonable endeavors to publish on the Site or notify the User about any planned downtime of the Services, and will use reasonable endeavors to contact the User directly via email to warn him/her prior to suspension or termination of his/her account on the Site.
The website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. User acknowledges that Beengo is not responsible for the availability of, or the content located on or through, any third-party site. User should contact the site administrator or webmaster for those third-party sites if he/she has any concerns regarding such links or the content located on such sites. Use of those third-party sites is subject to the terms of use and privacy policies of each site, and Beengo is not responsible therein.
Termination: Beengo may terminate User’s access to all or any part of the Service, with or without warning upon its sole discretion and at any time, if he/she fails to comply with these Terms of Use, or Beengo believes that he/she is breaching any of the Terms of Use or has committed any crime related to the Use of the Application and the Services. Upon such Termination User shall have no right to damages since he/she acknowledges and accepts that Beengo uses mainly automatic means to discover any such breach and non-compliance with the Terms, which are either based on software or third parties allegations.
Termination of the Services may result in the forfeiture and destruction of all information associated with User’s membership and will immediately terminate his/her ability to use the Service in any way. If User wishes to terminate his/her account, he/she may do so by ceasing use of the Services (if applicable), and deleting the Application. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Additionally Beengo reserves the right to disrupt or temporarily stop the operation and function of the Application and the Services for technical reasons (upgrading etc.). If such disruption lasts more than a reasonable period of time; Beengo will notify Users about such disruption with a relevant announcement on the website.
USERS RIGHTS AND OBLIGATIONS
User warrants, represents and irrevocably accepts that:
He is older than eighteen years old
The use of the Service is solely at his/her own risk and that he is the sole responsible for any action and/or omission during the use of the Application and the Service.
The transmission of data is subject to technical limitations and delays possible attributes to the use of Telecommunication Services and related technology.
Any time the Authorized Users are accessing the Services, they have the right and authority to do so.
By accepting the Terms of Use, he/she and the Authorized User has the right to use the Services and they are bound by the present terms of Use.
He is the sole responsible for the accuracy of the User’s Data and any Content or other data provided by him/her, and the secure storage of the data.
Users must:
Notify Bespot at no delay at [email protected] of any action and/ or omission that he/she considers to be violation of the Terms of Use of any User/ Authorized User and/or any third Party.
To proceed with any updates in relation to technology used for the operation of the Services.
Users represent and irrevocably declare that they have read and understood the Terms of Use (including the Privacy Policy) and that the Authorized User is aware of the Terms and their obligations during their use of the Services.
INDEMNIFICATION
User shall defend, indemnify, and hold harmless Beengo (the so called “Indemnified Party”), its affiliates and each of its, and its affiliates employees, officers, contractors, directors, agents, suppliers and representatives from all third party liabilities, losses, claims, and expenses, including without limitation reimbursement for reasonable attorneys’ fees, arising out of or related to (i) his/her breach or alleged breach of these Terms of Use, (ii) failure to comply with his/her obligations under these Terms of Use (iii) use or misuse of, or access to, the Service, or (iv) his/her violation of any applicable law, contract, policy, regulation or other obligation, (v) his/her violation of any person’s data (personal or not) and rights including intellectual property rights, (vi) infringement or misappropriation of Bespot’s IP Right. Bespot reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event User will assist and cooperate with Bespot in connection therewith.
WARRANTIES – DISCLAIMERS
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
BESPOT AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE SERVICE WILL BE WILL BE PROVIDED WITHOUT ANY DELAY, UNINTERRUPTED, VIRUS OR ERROR FREE TIMELY AND SECURE (C) DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE TRANSFER OF DATA WILL BE WITHOUT DELAYS, ERRORS.
IN ADDITION BESPOT DOES NOT WARRANT THAT: (Α) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS; OR (B) THAT THE SERVICE IS EFFICIENT FOR THE PURPOSE OF USE; (C) ALL USERS INCLUDING ANY AUTHORIZED USER WILL USE THE SERVICE PROPERLY AND IN LINE WITH THE TERMS OF USE.
BESPOT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR ANY OTHER LOSS OR DAMAGE RESULTING FOR THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, WHEREAS USER ACKNOWLEDGES THAT THE SERVICE AND ANY DATA UPLOADED BY HIM/HER MAY BE SUBJECT TO LIMITATIONS DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS.
NO ADVICE OR INFORMATION OBTAINED BY THE SERVICE SHALL CREATE ANY WARRANTY.
LIMITATION OF BEENGO’S LIABILITY
IN ADDITION TO ANY PROVISION TO THIS REGARD HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BESPOT (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE TO THE USER AND ANY THIRD PARTY RELATED TO THE USER, UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR USER’S RELIANCE ON THE SERVICE (III) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF BESPOT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
IN ADDITION BESPOT SHALL NOT BE LIABLE FOR ANY KIND OF LOSS OR DAMAGE USER MAY SUFFER (A) DUE TO LOSS OR DAMAGE TO ANY OF USER’S DATA OR PERSONAL RECORD AND SUCH LOSS IS ATTRIBUTED TO TECHNICAL ERRORS, DELAYS OR OMISSIONS OF THE TELECOMMUNICATIONS NETWORKS (B) DUE TO MISCONDUCT AND MISUSE OF THE SERVICE BY ANY AUTHORIZED USER AND/OR ANY THIRD PARTY AND OR ANY BREACH OF APPLICABLE LAWS BY ANY SUCH PARTY, (C) DUE TO ANY EVENT, SITUATION, ACTION OR OMISSION FOR WHICH BESPOT HAS PROVIDED NO GUARANTIES.
BESPOT ASSUMES NO LIABILITY FOR ANY DAMAGE SUFFERED BY THE USER INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS. NON DELIVERIES, ERRORS, SYSTEMS DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, SERVICE INTERRUPTIONS, CAUSED BY THE NEGLIGENCE OF BESPOT, USERS OWN ERRORS, AND/OR OMISSIONS.
DATA AND PRIVACY
User shall own all rights, title and interest in and to the entire User’s Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of their Data.
Beengo will store all application and User data collected and needed for its proper operation, on the device and on the service platform until User deletes his/her profile.
Upon cancellation or termination of the Services, part of the User’s data will be deleted such as Name etc. App usage, performance, statistical and general characteristics as age and gender will be kept anonymously as aggregated data. Everything else of the User’s Data will be deleted from Beengo’s records.
User accept that the technical processing and transmission of the Service and the User’s Data may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to our third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services.
Beengo will, in providing the Services, comply with its Privacy Policy relating to the privacy and security of the User’s Data
User acknowledge and agree that the personal data may be transferred or stored outside the country in order to carry out the Services under the Terms of Service;
The information and Data that the App collects may be stored locally on User’s Device and may be transmitted to Beengo’s servers in countries of the European Union (“EU”), the United States (“U.S.”), and/or other countries where Beengo, its affiliates or any of their service providers operate. The transmission of information over wireless and wired networks is not inherently secure. Beengo uses many tools to help protect Users’ personal information against unauthorized access and disclosure. However, does not guarantee that User’s personal information or private communications will always remain private when using the App.
User can access and change his/her settings for the App or delete his/her search history from the options/settings menu on his/her Device. Uninstallation methods vary depending on User’s Device. To uninstall the App, User shall consult his/her Device manual.
INTELLECTUAL PROPERTY RIGHTS & PROPRIETARY RIGHTS
Intellectual Property Rights: As between the Parties, Bespot owns and will retain all right, title and interest in and to each of the Services and API specifications and to the source and object code of any software or application (in each case, including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes and know-how contained therein, all modifications, updates, enhancements and derivative works thereof, all documentation and manuals related thereto and all other aspects of such technology), the name Beengo and/or any derivatives thereof, and any other trademarks and logos which are owned or controlled by Bespot and made available to User through the Services or otherwise hereunder, and all intellectual property and proprietary rights in and to all of the foregoing. As between the Parties, Bespot owns and will retain all right, title and interest in and to its intellectual property, including all software and technologies related thereto, and any modifications, updates, enhancements and derivative works thereof.
SUPPORT
Beengo offers email-based and online support tools. User may access support resources or contact Beengo’s support by visiting https://www.beengo.app/contact/. Beengo does not make any promises regarding how quickly Beengo will respond to User’s request for support, or that will be able to fix any problems Users may be having. Any suggestions by Beengo regarding use of the Services shall not be construed as a warranty.
ADVERTISEMENTS – THIRD PARTY INFORMATION AND MATERIAL
Beengo has no control over and accepts no responsibility for the content of any website, advertisement, or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites, advertisements and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. Beengo does not provide any endorsement or recommendation of any third party website, advertisement or mobile application to which the App provides a link. The terms and conditions, terms of use and privacy policies of those third party websites, advertisements and mobile applications will apply to User’s use of those websites, advertisements and mobile applications and any orders User makes for goods and services via such websites, advertisements and mobile applications. For any queries, concerns or complaints about such third party websites, advertisements, or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) Users must direct them to the operator of that third party website or mobile application.
FORCE MAJURE
Beengo shall have no liability to the User under the Terms of Use if it is prevented from or delayed in performing its obligations under the Terms of Use or from carrying on its business, by acts, events, omissions or accidents beyond Beengo reasonable control, including without limitation strikes, failure of a utility service or transport or telecommunications network, act of God, war, riot malicious damage, or default of suppliers or sub-contractors.
NO PARTNERSHIP AGREEMENT
Nothing in this Terms of Use is intended to or shall operate to create a partnership between the parties or authorizes any party to act as agent for the other and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
ENTIRE AGREEMENT – AMENDMENTS
The Terms of Use constitute the full and whole expression of the agreement of the parties and supersede any other agreement, obligation, contract, written or oral between Beengo and the User.
WAIVER
The failure of a Party to exercise any right or remedy under this Agreement or enforce strict performance of any right by virtue of this Agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter. If any part of this Agreement by any reason becomes invalid, illegal or unenforceable to any extent, this term will not affect any other provision of this Agreement or any other Agreement.
ASSIGNMENTS
User has no right to assign any right and/or obligation derived from this Agreement or any third party without Beengo’s prior written consent. In case any such assignment takes place contrary to this provision, it is acknowledged and agreed by User remains the sole liable to the Beengo.
NOTIFICATIONS
Any notice or communication (including change of addresses, phone numbers, fax numbers etc) required either by law or pursuant to this Agreement, shall be in writing.
APPLICABLE LAW – JURISDICTION
If any provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect any other provision of this Agreement that can be given effect without the invalid or unenforceable provision, or the application of such provision to other persons or circumstances, and, to this end, the provisions hereof are severable.
This Agreement shall be governed by and construed in accordance with the Greek Laws and each party hereby irrevocably submits to the jurisdiction of the Courts of Athens.
INTRODUCTION
TERMS OF USE
INTERPRETATION- DEFINITIONS
The definitions and rules of interpretation in this clause apply in the Terms of Use.
Clause, schedule and paragraphs headings shall not affect the interpretation of the Terms of Use.
Words in the singular shall include the plural and vica versa.
A reference to one gender shall include a reference to the other genders.
A reference to a statutory provision or statute is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
Reference to clauses and schedules are to the clauses and schedules of the Terms of Use; references to paragraphs are to paragraphs of the relevant schedule of the Terms of Use.
Where applicable in this Agreement any reference to User shall also include the Authorized User.
The Beengo App and your Profile
To register with us and open a Profile:
User downloads and installs the Application for free, from Apple App Store or Google Play, depending on his smartphone/mobile device. By downloading the Application, he accepts the present Terms of Use and he verifies that he is older than 18 years old.
Open a Profile by entering the required details
In order to use the Beengo App, we may need to collect personal information about you in accordance with our Privacy Policy
You warrant and guarantee that all the information provided by you in relation to these Terms is true and accurate and must notify us immediately if there is a change in the information you supply with via your Profile
We reserve the right to refuse applications to open a Profile
SERVICES
The full extent of the Services shall be set out in the Beengo App and/or Websites but include:
The ability to receive Beengo Points by carrying out Check-ins
The ability to win Rewards by carrying out Check-ins
The ability to receive Beengo Points by participating in Surveys
BEENGO POINTS & REWARDS
The Rewards collected after a Checkin or with Beengo Points redemption could consist of one or more of the following non-exhaustive list of items as we make available from time to time:
Beengo Points
Third party gift vouchers
Marketing materials
Discount vouchers
Coupon vouchers
Sample Product vouchers
Each reward has distinct terms and conditions and redemption points. Please read the terms and conditions applicable to each reward.
STEPS/PROCEDURE FOR GETTING A REWARD
When first used, User is asked to connect and log in with his Facebook account. During that process Bespot collects User’s Facebook account data.
The User opens the application near an active Spot on the application map in order to begin the draw process.
The Checkin task is complete automatically if all conditions communicated through Beengo App Spot details are met.
If Beengo Points are attached to the Spot that the user successfully checkins, the user collects the respective number of Points and are added to her Beengo Wallet balance
The draw process takes into account the active Users of the application at the moment of each individual draw, the time, the rewards that are attached in the specific Spot, the User’s position at the time of the draw, the User’s Rewards and gives the proportionate chances of success of the User.
In case a User does not win a reward, the User can try again after the Walkin Interval defined in the Spot details of Beengo App.
In case of success in the draw process, the User is able to:
“See” his reward immediately by selecting the relevant button
Access later the Reward in Rewards tab
About contests that take place in Application, specific Terms and Conditions apply to each contest and are published on the Application's site https://www.beengo.app/. Each active contest is available in "Wallet" and has access to Terms and Conditions by providing the URL link to the Application's site.
The user can redeem the reward following the instructions, details and restrictions provided on the digital Reward description.
If the Reward can be redeemed at a physical store: The User visits the specific Business that he can redeem a Beengo Reward before the expiration time. The User is obligated to show to a member of the personnel of the Business Partners his Beengo reward on his mobile device before going to the cashier or set an order. Then the member of the personnel of the Business Partners has to tap verify the validity of the unique reward code on the User’s mobile device and receive the subsequent confirmation message and then proceed into giving the User the reward that the User desires.
If the Reward can be redeemed at an e-shop: The User has to write down the unique Reward code at the respective e-shop coupon code redemption field, apply it and then proceed to checkout.
LIMITATIONS
The Business Partners have the right to refuse service to a user that has won a Beengo reward, only in accordance with the applicable legislation about denial of service to customers.
A Beengo reward for specific products or product categories cannot be redeemed with other products of the same value, unless the Business Partners decides otherwise during the redemption process of the Beengo reward.
Bespot bears no responsibility and is not obligated to track if businesses issue a receipt for the Beengo reward that a User will redeem, in the case that it is required by law.
PROFILE AND BEENGO WALLET SECURITY
Via Beengo App you will be given security information to enable access to your Profile e.g. password or passcode that is personal and must not be disclosed to anyone else
You must take reasonable precautions to prevent fraudulent use of your Beengo Wallet and Profile
PRIVACY POLICY
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our services. If you use a third party application of one of our API partners, any of the personal data you make accessible via the application is subject to that party’s privacy policy.
By using the Services, you agree that we can use your personal data in accordance with our Privacy Policy.
USE OF THE SERVICES
Beengo App is designed to provide to Users a chance to win Beengo Rewards and Points in their region.
Use of the Service(s), requires that User has (a) priory downloaded the App available through the Apple App Store, Google Play Store or other source to his smart-phone, device and (b) has accepted the Terms of Use.
The following shall apply to any use of the Service in connection with the Application:
Both User and Bespot acknowledge that this Agreement is concluded between the User and Bespot only; and not with Apple or Google, and that Apple or Google is not responsible for the Application or the Content;
User acknowledges and agrees that Service Providers are third party beneficiaries of these terms and upon User’s acceptance of the terms of this Agreement, Service Providers will have the right (and are deemed to have accepted the right) to enforce these terms against User as a third party beneficiary thereof.
The Use of the Application is licensed to User on a limited, non-exclusive, non-transferrable, non-sub licensable basis. The Application is solely to be used in connection with the Service for User’s private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
This Agreement does not give User any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the App developed by Bespot or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle User to receive any maintenance or support services with respect to the App.
The license is effective for an indefinite period of time, until Bespot terminates it as per this Agreement.
User will only use the Application in connection with an Apple or Android device that he/she own or control;
User acknowledges and agrees that Apple/Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
User acknowledges and agrees that Bespot and not Apple or Google, is responsible for addressing any claims he/she or any third party may have in relation to the Application;
User acknowledges and agrees that in the event of any third party claim that the Application, or User’s possession and use of the Application, infringes upon that third party’s intellectual property rights, Bespot and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
Both User and Bespot acknowledge and agree that Apple/Google and Apple’s/Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon User’s acceptance of this Agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against him/her you as the third party beneficiary hereof.
In cases the User disagrees with the Terms of Use or any of the term herein, should not use the Application and the Service in any way. Any use of the Service by the User implies that the User has irrevocably accepted the Terms of Use and he/she abides and accepts them every time he/she is using the Services.
Bespot reserves the right, in its sole discretion, to modify or replace all or any part of the Terms of Use (including, without limitation, pricing and payment terms), or change, suspend, or discontinue all or any part of the Service at any time by posting a notice on the Site or by sending User an email. Any such change – amendment will be valid from the date it is posted on the site. It is User’s responsibility to check the Terms of Use periodically for changes. User’s continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Subject to User’s acceptance of the Terms of Use, Bespot will provide the services to the User namely access to App and all software, data, text, images, sounds, video and content made available through the App.
User acknowledges that Bespot may charge a fee for existing features of the Services or future Services (e.g. Additional Services) if those features and/or Additional Services are advertised on the Site as available for purchase (the “Paid Services”) and such fees will be charged in accordance with a relevant clause to be added to this Agreement.
User shall not, and shall not permit the Authorized Users, to access, store, distribute or transmit any Viruses, or any material during the course of his/her/their use of the Services that: (i)are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitate illegal activity; (iii) depict sexually explicit images; (iv) promote unlawful violence; (v) are discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; or (vi) cause damage or injury to any person or property.
User shall not, and shall not permit the Authorized Users, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under the Terms of Use, to:
attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
access all or any part of the Services in order to build a product or service which competes with the Services; or
use the Services to provide services to third parties, except where explicitly indicated herein or on the Site; or
license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except himself or the Authorised User, or
attempt to obtain, or assist third parties in obtaining, access to the Services and/or Data, other than as provided herein.
User shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, promptly notify Bespot.
By way of example, and not as a limitation, Users and/or Authorized Users shall not:
Use the Services for any other reason but those provided herein;
Transmit any virus in the Software;
Upload any unethical Content and/ or any illegal, defamatory or any threatening data and content.
Use the Services in such a way that may put in danger Bespot and/or its Associates interests and reputation.
Use the Services in such a way that may prevent the Use of the Service from other Users.
Take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity.
As a condition of use, User shall not use the Service for any purpose that is prohibited by the Terms of Use or other rules or policies implemented by Bespot from time to time. The Service (including, without limitation, any Content) is provided only for personal, non-commercial use. Additionally User shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Bespot’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Bespot may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that he/she receive hereunder.
Any Data provided to Bespot (uploaded in the Application) by the User during the course his use of the Services, shall be accurate, complete and updated. User is solely responsible for the activity that occurs on his/her account and for maintaining the security of the Application and any information User inputs to the Application. User shall not use or access another user’s account without such other user’s express permission. User will immediately notify Bespot in writing of any unauthorized use of his/her account, or any other account-related security breach of which he is aware. The Service is available only to individuals who are adults, or children 10 years and older whose use is supervised by a parent and/or legal guardian.
Use of Information: If User creates, transmits, submits, displays or otherwise makes available information (including, without limitation, information he has made available while using the Service), he may provide only information that he owns or has the right to use. When User provides access to any such information through the Service, he gives Bespot a license to fully use and exploit that information in connection with providing the Service. However, Bespot may only use the information User provides as permitted by Beengo’s Privacy Policy, and applicable law. User must review Beengo Privacy Policy for more information regarding how Bespot uses and discloses his/her personal information. Beengo’s Privacy Policy is hereby incorporated into these Terms of Use by this reference.
Beengo does promote or advertise any of its Clients and or their business, products and or services.
User is solely responsible for any decisions or actions he takes based on the information and materials available through the Service. Reliance on any information provided by Beengo or in connection with the Service is solely at User’s own risk.
INHERENT RISKS
Checkins and such location-based activities facilitated by the Services can be dangerous and may take you to difficult to access or potentially treacherous locations. When placing or setting Beengo Spots or taking part in other location-based activities you risk property damage, bodily injury or death.
There are many variables that must by be considered prior to seeking or placing a Spot or engaging in other location-based activities, including: weather, fitness level, terrain features and outdoor experience. Be prepared and be sure to check the current conditions before heading outdoors. Always exercise common sense and caution
YOU ASSUME ALL RISKS ASSOCIATED WITH PLACING OR SEEKING A SPOT AND OTHER LOCATION-BASED ACTIVITIES ASSOCIATED WITH OUR SERVICES AND AGREE TO RELEASE AND HOLD HARMLESS SPOT, LANDOWNERS ON WHOSE PROPERTY SPOTS ARE VIRTUALLY PLACED FROM ANY LIABILITY FOR INJURY OR LOSS SUFFERED BY YOU THROUGH THE USE OF OUR SERVICES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
BEENGO’S RIGHTS AND OBLIGATIONS
Beengo reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content, or if Beengo is concerned that User may have violated the Terms of Use, or for no reason at all.
Beengo may provide links to, or contact information for, third party sites or services. Beengo is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any club, bar, restaurant, drink, location, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Service.
Beengo also may enter into business arrangements with third-parties, including Sponsors, which will allow Users to share their personal data with them. Whether to share Users’ personal data with these third-parties will be up to the User. By properly following instructions provided by Beengo and these third-parties, Users will be able to decide whether to share personal data with these third-parties.
Beengo will use its reasonable endeavors to publish on the Site or notify the User about any planned downtime of the Services, and will use reasonable endeavors to contact the User directly via email to warn him/her prior to suspension or termination of his/her account on the Site.
The website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. User acknowledges that Beengo is not responsible for the availability of, or the content located on or through, any third-party site. User should contact the site administrator or webmaster for those third-party sites if he/she has any concerns regarding such links or the content located on such sites. Use of those third-party sites is subject to the terms of use and privacy policies of each site, and Beengo is not responsible therein.
Termination: Beengo may terminate User’s access to all or any part of the Service, with or without warning upon its sole discretion and at any time, if he/she fails to comply with these Terms of Use, or Beengo believes that he/she is breaching any of the Terms of Use or has committed any crime related to the Use of the Application and the Services. Upon such Termination User shall have no right to damages since he/she acknowledges and accepts that Beengo uses mainly automatic means to discover any such breach and non-compliance with the Terms, which are either based on software or third parties allegations.
Termination of the Services may result in the forfeiture and destruction of all information associated with User’s membership and will immediately terminate his/her ability to use the Service in any way. If User wishes to terminate his/her account, he/she may do so by ceasing use of the Services (if applicable), and deleting the Application. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Additionally Beengo reserves the right to disrupt or temporarily stop the operation and function of the Application and the Services for technical reasons (upgrading etc.). If such disruption lasts more than a reasonable period of time; Beengo will notify Users about such disruption with a relevant announcement on the website.
USERS RIGHTS AND OBLIGATIONS
User warrants, represents and irrevocably accepts that:
He is older than eighteen years old
The use of the Service is solely at his/her own risk and that he is the sole responsible for any action and/or omission during the use of the Application and the Service.
The transmission of data is subject to technical limitations and delays possible attributes to the use of Telecommunication Services and related technology.
Any time the Authorized Users are accessing the Services, they have the right and authority to do so.
By accepting the Terms of Use, he/she and the Authorized User has the right to use the Services and they are bound by the present terms of Use.
He is the sole responsible for the accuracy of the User’s Data and any Content or other data provided by him/her, and the secure storage of the data.
Users must:
Notify Bespot at no delay at [email protected] of any action and/ or omission that he/she considers to be violation of the Terms of Use of any User/ Authorized User and/or any third Party.
To proceed with any updates in relation to technology used for the operation of the Services.
Users represent and irrevocably declare that they have read and understood the Terms of Use (including the Privacy Policy) and that the Authorized User is aware of the Terms and their obligations during their use of the Services.
INDEMNIFICATION
WARRANTIES – DISCLAIMERS
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
BESPOT AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE SERVICE WILL BE WILL BE PROVIDED WITHOUT ANY DELAY, UNINTERRUPTED, VIRUS OR ERROR FREE TIMELY AND SECURE (C) DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE TRANSFER OF DATA WILL BE WITHOUT DELAYS, ERRORS.
IN ADDITION BESPOT DOES NOT WARRANT THAT: (Α) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS; OR (B) THAT THE SERVICE IS EFFICIENT FOR THE PURPOSE OF USE; (C) ALL USERS INCLUDING ANY AUTHORIZED USER WILL USE THE SERVICE PROPERLY AND IN LINE WITH THE TERMS OF USE.
BESPOT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR ANY OTHER LOSS OR DAMAGE RESULTING FOR THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, WHEREAS USER ACKNOWLEDGES THAT THE SERVICE AND ANY DATA UPLOADED BY HIM/HER MAY BE SUBJECT TO LIMITATIONS DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS.
NO ADVICE OR INFORMATION OBTAINED BY THE SERVICE SHALL CREATE ANY WARRANTY.
LIMITATION OF BEENGO’S LIABILITY
IN ADDITION TO ANY PROVISION TO THIS REGARD HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BESPOT (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE TO THE USER AND ANY THIRD PARTY RELATED TO THE USER, UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR USER’S RELIANCE ON THE SERVICE (III) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF BESPOT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
IN ADDITION BESPOT SHALL NOT BE LIABLE FOR ANY KIND OF LOSS OR DAMAGE USER MAY SUFFER (A) DUE TO LOSS OR DAMAGE TO ANY OF USER’S DATA OR PERSONAL RECORD AND SUCH LOSS IS ATTRIBUTED TO TECHNICAL ERRORS, DELAYS OR OMISSIONS OF THE TELECOMMUNICATIONS NETWORKS (B) DUE TO MISCONDUCT AND MISUSE OF THE SERVICE BY ANY AUTHORIZED USER AND/OR ANY THIRD PARTY AND OR ANY BREACH OF APPLICABLE LAWS BY ANY SUCH PARTY, (C) DUE TO ANY EVENT, SITUATION, ACTION OR OMISSION FOR WHICH BESPOT HAS PROVIDED NO GUARANTIES.
BESPOT ASSUMES NO LIABILITY FOR ANY DAMAGE SUFFERED BY THE USER INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS. NON DELIVERIES, ERRORS, SYSTEMS DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, SERVICE INTERRUPTIONS, CAUSED BY THE NEGLIGENCE OF BESPOT, USERS OWN ERRORS, AND/OR OMISSIONS.
DATA AND PRIVACY
User shall own all rights, title and interest in and to the entire User’s Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of their Data.
Beengo will store all application and User data collected and needed for its proper operation, on the device and on the service platform until User deletes his/her profile.
Upon cancellation or termination of the Services, part of the User’s data will be deleted such as Name etc. App usage, performance, statistical and general characteristics as age and gender will be kept anonymously as aggregated data. Everything else of the User’s Data will be deleted from Beengo’s records.
User accept that the technical processing and transmission of the Service and the User’s Data may involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to our third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services.
Beengo will, in providing the Services, comply with its Privacy Policy relating to the privacy and security of the User’s Data
User acknowledge and agree that the personal data may be transferred or stored outside the country in order to carry out the Services under the Terms of Service;
The information and Data that the App collects may be stored locally on User’s Device and may be transmitted to Beengo’s servers in countries of the European Union (“EU”), the United States (“U.S.”), and/or other countries where Beengo, its affiliates or any of their service providers operate. The transmission of information over wireless and wired networks is not inherently secure. Beengo uses many tools to help protect Users’ personal information against unauthorized access and disclosure. However, does not guarantee that User’s personal information or private communications will always remain private when using the App.
User can access and change his/her settings for the App or delete his/her search history from the options/settings menu on his/her Device. Uninstallation methods vary depending on User’s Device. To uninstall the App, User shall consult his/her Device manual.
INTELLECTUAL PROPERTY RIGHTS & PROPRIETARY RIGHTS
Intellectual Property Rights: As between the Parties, Bespot owns and will retain all right, title and interest in and to each of the Services and API specifications and to the source and object code of any software or application (in each case, including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes and know-how contained therein, all modifications, updates, enhancements and derivative works thereof, all documentation and manuals related thereto and all other aspects of such technology), the name Beengo and/or any derivatives thereof, and any other trademarks and logos which are owned or controlled by Bespot and made available to User through the Services or otherwise hereunder, and all intellectual property and proprietary rights in and to all of the foregoing. As between the Parties, Bespot owns and will retain all right, title and interest in and to its intellectual property, including all software and technologies related thereto, and any modifications, updates, enhancements and derivative works thereof.
SUPPORT
ADVERTISEMENTS – THIRD PARTY INFORMATION AND MATERIAL
FORCE MAJURE
NO PARTNERSHIP AGREEMENT
ENTIRE AGREEMENT – AMENDMENTS
WAIVER
ASSIGNMENTS
NOTIFICATIONS
APPLICABLE LAW – JURISDICTION
If any provision of this Agreement, or the application thereof to any person or circumstance, shall be held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect any other provision of this Agreement that can be given effect without the invalid or unenforceable provision, or the application of such provision to other persons or circumstances, and, to this end, the provisions hereof are severable.
This Agreement shall be governed by and construed in accordance with the Greek Laws and each party hereby irrevocably submits to the jurisdiction of the Courts of Athens.