Terms en conditions EN

Terms English BarDoggy

These Terms of Use were last updated on July 28, 2016.

ACCEPTANCE OF TERMS OF USE

BarDoggy B.V. (“BarDoggy” "we" or “us” or “our”) owns and operates the website, www.BarDoggy.com, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, "Site"). By using the Site and BarDoggy’s services through the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, located at http://www.BarDoggy.com/privacy, and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY BARDOGGY SERVICE, REDEEM ANY VOUCHER OFFERED THROUGH THE SITE.

These Terms of Use are organized as follows:

About the Site
Ownership of the Site
Use of the Site
Access to the Site
Modification
Your Account
Your Conduct
Your Privacy
Copyright and Trademarks
Disclaimer of Warranty
Limitation of Liability
Websites of Others
Force Majeure
Entire Agreement
Choice of Law
Dispute Resolution
Additional Disclosures

1. About the Site

The Site is a platform through which certain merchants (“Merchants”) sell vouchers for goods, services or experiences (“Vouchers”) directly to you. Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided.  Certain Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in BarDoggy’s sole discretion, without notice.

2. Ownership of the Site

The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates, Merchants and other content providers. By using the Site and accepting these Terms of Use: (a) BarDoggy grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by BarDoggy; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of BarDoggy.

3. Use of the Site

As a condition of your use of the Site, you agree that:

You have reached the age of 21(“twenty-one”);
You are able to create a binding legal obligation;
You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
Your use of the Site will at all times comply with these Terms of Use;
You will only make purchases on the Site for your own use and enjoyment or, as a gift for another person;
You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete;
You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,

4. Access to the Site

BarDoggy retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

5. Modification

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice.

6. Your Account

You may only create and hold one account on the Site for your personal use and must register using a facebook acount. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information; and (b) opt-out of persistent login. You understand and agree that BarDoggy shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account will cause your account to fall out of good standing and we may cancel your account in our sole discretion. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, without limitation, requirements for use.

7. Your Conduct

All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the Site and constitute violations of these Terms of Use:

Submitting any content to the Site that:

Contains viruses or malware;
Offers unauthorized downloads of any copyrighted, confidential or private information;
Has the effect of impersonating others;
Contains messages by non-spokesperson employees of BarDoggy purporting to speak on behalf of BarDoggy or provides confidential information concerning BarDoggy;

Attempting to do or actually doing any of the following:

Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;
Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or
Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.

Using any of the following:

Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with BarDoggy; or
The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with BarDoggy, including, without limitation, aggregating current or previously offered deals.

Collecting any of the following:

Content from the Site, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or
Personal Information (defined in our Privacy Statement), User Content (defined in Section 12 below) or content of any consumers or Merchants.

Engaging in any of the following:

Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by BarDoggy;
Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
Reselling or repurposing your access to the Site or any purchases made through the Site;
Exceeding or attempting to exceed quantity limits when purchasing Merchant Offerings or Products, or otherwise using any BarDoggy account to purchase Merchant Offerings or Products for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site;
Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;
Hyperlinking to the Site from any other website without our initial and ongoing consent; or
Acting illegally or maliciously against the business interests or reputation of BarDoggy, our Merchants or our services.

8. Your Privacy

We take the privacy of your personal data seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated in these Terms of Use, and available here.

9. Copyright and Trademarks

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. BarDoggy owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of BarDoggy or the copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

BarDoggy owns trademarks, registered and unregistered, in many countries and "BARDOGGY," the BarDoggy logos and variations thereof found on the Site are trademarks owned by BarDoggy B.V. or its related entities and all use of these marks inures to the benefit of BarDoggy.

Other marks on the site not owned by BarDoggy may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of BarDoggy unless otherwise stated, or may be the property of their respective owners. You may not use BarDoggy's name, logos, trademarks or brands, or trademarks or brands of others on the Site without BarDoggy's express permission.

10. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF BARDOGGY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, BARDOGGY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

11. Limitation of Liability

IN NO EVENT SHALL BARDOGGY, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY TO YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT OFFERINGS; (E) THESE TERMS OF USE; OR (F) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL BARDOGGY’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(F) ABOVE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(F) ABOVE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products or services available on or through any such linked site or resource.

13. Force Majeure

BarDoggy shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of BarDoggy.

14. Entire Agreement

The Terms of Use, including, without limitation, the incorporated Terms of Sale, Privacy Statement and other terms incorporated by reference, constitute the entire agreement and understanding between you and BarDoggy with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and BarDoggy with respect to such subject matter.

15. Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or BarDoggy’s services shall be governed by the laws of the Netherlands, without regard to its choice of law rules and without regard to conflicts of laws principles.

16. Additional Disclosures

No waiver by either you or BarDoggy of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

The provisions of these Terms of Use apply equally to and are for the benefit of BarDoggy, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.