Consumer/User Agreement & Terms of Service
Effective Date: August 3, 2018
By using, accessing, or registering for the BOGO App mobile application or visiting any of its related websites (collectively, the “Application”), you agree to be bound by these Terms of Service (the “Terms”) by and between The BOGO App, Inc. (the “Company”) and you. These Terms may be modified, replaced, or revised by the Company at any time by posting a new version of the Terms on the Application and by posting notification of the change within the Application.
1. Eligibility and Use
(a) By visiting or using the Application, whether or not you register for an Account (as defined below), you agree that you:
i. are at least 18 years or older and have the authority and capacity to enter into these Terms;
ii. are legally permitted to use the Application in your jurisdiction;
iii. will only submit information to the Company and the Application that is accurate, truthful, and complete, and that you will maintain the accuracy, truthfulness, and completeness of the information at all times;
iv. will not use the Application for any purpose that is, or upload anything to the Application that is, illegal, offensive, discriminatory, or defamatory;
v. will not use the Application in violation of these terms or in a way that defrauds the Company or any Restaurant;
vi. will not use the Application for any commercial purpose unless you are an approved merchant;
vii. will not decompile, decode, index, crawl, or reverse engineer the Application; and
viii. will not disrupt or slow the Application’s accessibility.
(b) You will be required to create an account (the “Account”) in order to access the Application. Your account is personal in nature and may not be shared with any other person.
(c) Your license to use the Application (including your Account), and the features provided therein, are subject to termination by the Company at any time without notice. In addition, the Company reserves the right to deny service to any person. In the event of termination of your access to the Application (including termination or suspension of your Account), no refunds will be made. Future Subscription Payments (as defined below) will automatically terminate.
2. Accounts and Payments
(a) When you register for an Account the Company will grant you a limited license to use the Application, conditioned upon your compliance with the terms outlined in these Terms. By registering for a “free trial,” you will receive an evaluation license which will be provided free of charge for the period ending 6 months from the date of registration or your use of 6 Vouchers, whichever comes first (the “Evaluation License”). Upon completion of the Evaluation License time period, your Evaluation License will expire and your access to the Application will be suspended unless you register for a paid license to use the Application (the “Full License”).
(b) By becoming a paid user of the Application and receiving a Full License, you agree to pay the Service subscription fees (“Subscription Payments”) as incurred. Subscription Payments will be charged as indicated on the Application on a recurring basis unless you cancel your Software License.
(c) Subscription Payments will be billed in advance on a monthly basis. You may cancel your Account (and thus your license) at any time. No refunds, returns, setoffs, or credits will be issued, even if the Full License is canceled.
(d) You expressly authorize the Company to charge your credit card or other payment method for the Subscription Payments on an ongoing and recurring basis. Failure to make any payment when due may result in termination of your Full License. The Company may utilize third party payment processors to process your payments.
(e) Subscriptions Payments are subject to change upon emailed or in-Application notice. All prices are in US dollars unless otherwise noted.
(a) The Application offers users with registered Accounts the ability to receive buy- one-get-one-free vouchers (“Vouchers”) from restaurants (collectively, “Restaurants”). Restaurants are not employees, agents, joint ventures, or otherwise affiliated with the Company. All transactions between users and Restaurants are agreements made strictly between users and the applicable Restaurants. Under no circumstance will Company be held responsible for any restaurant’s failure to comply with the terms of the Vouchers. Your sole recourse in such a case is against the Restaurant.
(b) Users with a Full License or an Evaluation License (subject to the limitations therein) are permitted to receive three Vouchers per Restaurant actively listed on the Application.
(c) To use a Voucher, you must present the Voucher (as shown on the Application) to the restaurant at your time of purchase. The Voucher may be used to receive one item free at the time of purchase of another item from the Restaurant at equal or greater value. The Vouchers may be limited where required by law.
(d) Vouchers may be discontinued, limited, or modified at any time and without notice. Vouchers are subject to availability.
4. Intellectual Property
(a) The Application is provided subject to, and is protected by, copyright, trademark, patent, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the name of The BOGO App or any of the associated trademarks, copyrights, trade secrets, domain names, or other distinctive brand features. All right, title, and interest in and to the Application is the exclusive property of the Company and its respective licensors. The Company reserves all rights.
(b) You agree not to use the Application to transmit or distribute any content to which you do not own the rights or have the rights to transmit or distribute.
(c) By posting any material of any kind on the Application, grant to the Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive license to use, copy, store, perform, display, distribute, and modify the material or any derivatives thereof.
5. Terms Applicable to Apple Users
(a) The parties acknowledge that by accepting these Terms, you are granted a non- transferable license to use the Application on devices you own or control (including any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Application). The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. The parties acknowledge that the Company is solely responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The parties agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
6. LIMITATION OF WARRANTIES AND LIABILITY
(a) The Application is provided “as is,” “where is,” and “with all faults,” without any warranties or representations of any kind, whether express or implied, including (but not limited to) any warranties for fitness for a particular purpose, warranties of merchantability, or warranties of quality. Without limiting the generality of the foregoing, you understand and acknowledge that (i) from time to time you may be unable to access or use the Application and that (ii) information contained in Vouchers may not be accurate or up to date, despite our efforts to keep the Application updated.
(b) Under no circumstance shall the Company be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with the Application, any content posted by Restaurants (including Vouchers), or the interactions among users and Restaurants, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, however arising and whether caused by tort, fraud, breach of contract, or otherwise, even if the Company has been advised of the possibility of such damage.
(c) You agree that you will use Vouchers and interact with restaurants solely at your own risk.
(a) You agree to indemnify, defend, and hold harmless the Company, its affiliates, and its and their officers, agents, partners and employees, from and against any and all losses, liabilities or claims, made by any third party due to or arising out of your breach of or failure to comply with these Terms, your use of the Application, or your violation of law or regulation.
8. Additional Terms
(a) The Company may provide you with administrative notices regarding the Company or the Application via email or SMS message. You hereby expressly consent to receive such messages, and further consent that by typing your name when registering for the Application, that you have e-signed your name to that effect. You agree to be responsible for all data or phone charges incurred.
(c) The delay or failure of the Company to exercise or enforce any right or provision of these Terms shall in no way constitute acquiescence or a waiver of rights.
(d) These Terms shall be governed and construed in accordance with the laws of the state of Delaware. In a dispute brought under these Terms, the prevailing party shall be entitled to reimbursement by the non-prevailing party of its reasonable attorney fees related to litigating such dispute. By clicking Sign Up, you’re confirming that you agree with and will abide by the terms and conditions set forth in this User Terms & Conditions Agreement.