14th March 2014
Welcome to the Happy App (“app”). This App will function globally and it is built to offer an experience for users to locate and enjoy bars and clubs (third parties) that have been carefully selected by Happy App and deals (offers, discounts, deals) offered by such third parties worldwide.
This is a legal agreement (“Agreement”) between you (“user”) and Happy App (“we”, “us”, “our”), a company established in ____________ with registered company number ________ and may be contacted at___________________________. By accessing the Happy App mobile application (the “App”, “Services”, “App and its Services”) you hereby certify that you have the right, authority and capacity to enter in to the Terms and Conditions and agreeing to the full and complete acceptance of the Terms and Conditions of this Agreement for as long as you continue to use the App or its Services.
Happy App services consist of the following: allows the user to login to the App via users Facebook or by signing into the App by entering full name, email address and password. Once logged onto the App, the user will have the opportunity to search for bars and clubs via the search bar by entering the users location or by clicking “ bars near me” to locate bars within a 10km (the user could either increase or decrease the radius on their search bar) radius of the users current location. The users geographical location is required for the function of the App. In the event the device is unable to display the users location, the United Kingdom will be displayed as default. Location services on the device will be necessary to enable the App to fully function.
The search results will be displayed in the form of pins on the map. Green bar pins represent clubs that have at least 1 offer available at the time the search commenced whilst all other bars and clubs will represent Orange pins. The Profile of the bar or club can be viewed by clicking the arrow button, on the bar title label. The type of offers available can be viewed by clicking “ regular offers” and “ premium offers”. By clicking the offers the user is able to view the description, valid time period, terms and conditions of the offer.
The user will be able to redeem the offer by producing the unique redemption code at the bar. Whereby “offer redeemed” would be displayed instead of “click to get voucher redemption code”. In such event the user will not be entitled to redeem the same offer from the same bar more than once. However, the user shall be allowed to redeem offers more than once, in the event a third party offers multiple deals.
The Happy App may offer additional services and reserves the right to revise or cease offering any of the services at it’s discretion with or without notice, and this Agreement will apply to all additional services or revised services.
This legally binding Agreement is subject to change by Happy App in its sole discretion at any time, with or without notice. Your continued use of the App or its Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
I. Minimum Age-You must be at a legal alcohol drinking age, with accordance to the national minimum drinking age acts or regulations of your country to register and use this App. By using this App and or its Service, you represent and warrant that you are at your national legal alcohol drinking age.
II. Criminal History- We do not conduct criminal background screenings on our users. Therefore, you are solely responsible for taking appropriate safety precautions in connection with your use of the App and its Services.
Use of the App
As a user of the App you agree to the following:
I. Personal account is necessary -You will be required to create a personal account in the event you do not wish to login to the App via your Facebook account.
II. Personal Information- You will be required to enter your personal information in to this App. Such including your full name, email address and password.
III. No Guarantee- You will only see clubs and bars that have been carefully selected by us and deals on offer at the time the search commenced. The third parties will be displayed within the route that you have inputted into the App. We do not guarantee to provide bars and clubs and offers that fulfil your criteria, desirability nor can we make any such warranties to the services purchased by you.
IV. Content Removal and Prohibiting Profile- We reserve the right but have no obligation, to monitor the information such as the postcodes, towns, cities or countries you submit into the App. We attain the sole right to discontinue and prohibit you from the use of the App and its Services in the event you provide information or material that in our sole opinion violates or may violate any applicable law including but not limited to racism, hatred or physical harm, abusive, offensive, contains other copyrighted content without obtaining prior authorisation, promotes or enables illegal or unlawful activities.
V. Tampering with the App – You agree not to attempt, participate, produce and or carry out activities that will tamper with the functions of this App, including but not limited to producing fake redemption codes. VI. Third party property – You accept that all data of the third party including but not limited to images, text, locations, websites contained within the App is solely the responsibility of the third party and we will not be held liable for any infringements caused by the third parties or the users against the date and copy rights of the third parties.
You hereby agree that Happy App owns and retains all proprietary rights, title and interest of the App and its Services. The App contains the copyrighted material; trademarks and /or other proprietary information of Happy App. All other trademarks, logos, service marks, company or product names of any third parties set forth in the App are the property of their respective owners. Except for any information which is in the public domain or where express written permission has been granted to you by Happy App, you agree not to copy, modify, publish, transmit, re-transmit, distribute, perform, display or sell any such proprietary information contained in the App and its Services.
We are committed to protecting and respecting your privacy I. Information we may collect from you-
(a) Postcodes and or towns
(b) Further information we may request from you in the event of reporting a problem with our App.
(c) We may keep records of all correspondences in the event you contact us.
(d) We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
(e) Details of your use of our App including, but not limited to, traffic data, location data and other communication data.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
￼III. How we use your Information-
￼￼￼(a) We use the information we receive about you in connection with the App and the Services we provide to you and other users.
(b) To ensure the content from our App is presented in the most effective manner for you.
(c) To keep the App safe and secure for all its users and to allow you to locate bars and clubs within the stipulated route.
(d) To allow you to participate in all our services.
(e) To notify you about changes to our services
(f) To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
(g) To carry out our obligations arising from any contracts entered into between you and us
IV. Your Responsibility- You are solely responsible for and assume all liability regarding:
(a) All information and content you contribute to the App,
(b) Your interactions with bars and clubs and
(c) You agree to take appropriate safety measures when using this App including but not limited to all of the risks associated with any online or offline interactions with others. We will not be responsible for guaranteeing the accuracy of information and the quality of service provided to you by the third parties. You agree to take all necessary precautions when communicating with or purchasing goods and services from the third parties through this App and its Services.
V. Disclosure of your information – We may disclose your personal information to third parties:
(a) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
(b) Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect rights or property.
Disclaimer of Warranty
Happy App provides Services with reasonable skill and care, except as expressly provided in this Agreement, such as making or granting any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the App and or its Services (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Happy App does not warrant that your use of the App and its Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the App and its Services will be corrected.
Happy App expressly disclaims delays or latency to our Services due to your physical location or your wireless data service provider’s network.
This App will not be responsible with regards to the information provided by third parties including but not limited to sellers’ information, description of the offers, purchase details and all other information about the goods and services provided by bars and clubs displayed on this App.
Your use of this App is at your own discretion and risk. You are solely responsible for any damages to your hardware device(s) or loss of data that results from your use of this App.
Limitation of Liability
￼(a) You agree that Happy App in no event will be liable for any loss of profits or for any incidental, special, consequential or indirect damages arising out of or relating, directly or indirectly, to the use or inability to use the App or its Services, including and not limited to damages for loss or corruption of data or programs, service interruptions and procurement of substitute services even if we know or we have been advised of the possibility of such damages.
(b) Happy App will not be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the App or its Services, including without limitation to bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications, purchase of goods and services from the third parties. This includes any claims, losses or damages arising from the conduct of the users and third parties who have registered under false pretence or who attempt to defraud or harm you.
You agree to indemnify, defend and hold Happy App, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:
￼(a) Your use of or inability to use the App or its Services,
(b) Your violation of any terms and conditions of this Agreement or your violation of any rights of a third party, or
(c) Your violation of any applicable laws, rules or regulations.
￼Jurisdiction and applicable law
These Terms and Conditions are governed and will be interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any claim or dispute that may arise out of or in connection with these terms and conditions.
You acknowledge and agree that any violation of this Agreement may cause Happy App irreparable harm, and therefore agree that Happy App will be entitled to seek injunctive relief. Such injunctive relief shall be in addition to any other remedies available hereunder, whether at law or in equity. Happy App shall be entitled to recover its costs and fee in the event of breach of this Agreement or litigation.
Agreement effective and Revision Date
14th March 2014