Terms of Use, incl. Privacy Policy for bethere app

The effective date of these Terms of Use is September 1st 2016

The Apple id of bethere app at the official Apple App Store is 727485838 and the Google Play store is "com.betheres.bethere".

The bethere app (“bethere App”, “App”) is a location based, photo/video sharing, social networking App implementing a marketplace that connects end users with local businesses, facilitating the way transactions happen including mobile payments.

The bethere App is operated by Bethere App LTD (hereafter the Company), a company incorporated under the laws of United Kingdom, having its registered offices at 1 Primrose St., London, EC2A 2EX, UK.

Please read these Terms of Use carefully before proceeding to use the bethere App. Should there be anything that you do not understand within them, please contact us at contact@bethereapp.com. As Terms of Use are referred collectively : the present document, as well as any documents referred to within it, including the Privacy Policy. These terms of use are the entire agreement between you and bethere App concerning the use of the App. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the App is revoked where these Terms of Use or Use of the App is prohibited and in such case you agree not to use or access the App in any way.

Acceptance of terms

By registering and/or using the bethere App in any way, including but not limited to visiting or browsing the App, you agree to all the terms and conditions contained herein. If you do not agree with these Terms of Use please do not browse or otherwise access or use the App.

Creating an account

To access the App you must register with us and create an account. bethere App either employs Facebook authentication for the creation of an account or email user registration. Hence ,kindly note, that bethereapp may use Facebook as basis, meaning that should you wish to create a bethere App account you can choose to use the same First and Last name, e-mail used for your Facebook account, also for the creation of the bethere App account. Also kindly note that in said case, the same profile picture as the one you use for your facebook account shall appear as your profile picture for your bethere App profile page

Please be informed that you do not have to have the Facebook App also installed on your device in order to use the bethere App. Having an active Facebook account will suffice.

If you choose to sign up with the bethere App and create an account by providing the App with a User Name, your E-mail Address, and a password of your choosing.

You must be at least 14 years of age and capable in your country of residence of entering into a legal binding agreement to use the App. If you are registering on behalf of a legal entity you represent and warrant that you are authorized to bind the entity to these Terms of Use, register with us and use the App.

bethere App reserves the right, at its sole discretion, to refuse to offer the App to any person or legal entity and change its eligibility criteria at any time.

You shall not create an account for anyone other than yourself without permission of the other person.

You shall not create an account by using an E-Mail/User Name that is not your own.

You shall not use a User Name that is offensive, vulgar, obscene, unlawful or otherwise inappropriate.

You shall not use a User Name of another in order to impersonate said person.

You shall not in any case use another User’s account without the other User’s prior express permission.

You shall not use a profile picture that is offensive, vulgar, obscene, unlawful or otherwise inappropriate.

bethere App reserves the right to refuse registration or cancel a User Name or account in its sole discretion at any time.

You are solely responsible and liable for the activity of your account. You are solely responsible and liable for maintaining the confidentiality of your login details.

You are to inform bethere App immediately of any unauthorized use or any security breach or danger of your account that you are aware of. You must do so in writing at contact@bethereapp.com .

Our Relationship

You understand and expressly agree that you do not enter into any kind of special relationship with bethere App company, including but not limited to fiduciary or confidential. Said fact does not change because of you submitting any User Material to the App. Any and all User Material you submit to the bethere App, except as otherwise stated in our privacy policy will be non-confidential and non-proprietary. bethere App will not be in any way liable or responsible for any disclosure or use of the Material.

bethere App company is not a party to any contractual arrangements between you and any third party, unless otherwise specified or agreed to by the bethere App company.

User Material

By submitting User Material to the App or otherwise through the App you hereby do and shall grant bethere App a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, modify, copy, reproduce, display, perform, distribute, create derivatives works of and otherwise fully exploit said User Material in connection with the App and the business of bethere App, bethere App successors and assignees. Said license includes but is not limited to the promotion and redistribution of part or all of the App or derivative work thereof or bethere App company in any media.

You represent and warrant that a) you own the Material that you submit to the App or have the right to grant the rights and licenses as described in these Terms of Use, b) the posting and use of your Material on the App does not in any way infringe on, violate or embezzle any right of any third party, including but not limited to intellectual property rights, copyright, trademarks, publicity rights, privacy, c) you agree to pay for any and all royalty fees and any kind of monies owed by reason of Material you submitted to the App and d) you have the legal capacity and rights to enter into these Terms of Use in your jurisdiction.

bethere App does not accept unsolicited Materials of any kind and does not take responsibility for any such Materials transmitted. It is our policy not to accept or consider Material of any kind, ideas, information and any suggestions in general with the exception of those that we have specifically requested under specific requirements and conditions. In case that despite our practice you choose to send us Material, ideas, suggestions and any kind of information, you agree that bethere is free, without any liability or payment of any kind to you, to use said Material for any purpose whatsoever, including but not limited to the production and marketing of products and services.

When you delete User Material you have submitted, it shall be removed from the App. You understand though that any deleted User Material may persist in back up files for a reasonable period of time.

You hereby agree that you understand that bethere App is not a back up service and you will not rely on bethere App for the purpose of storage and/or back up of your Material that you have chosen to submit to the App. We strongly advise you to keep your own back up of your Material. bethere App will not be in any way liable or responsible for the loss of any of your Material for any reason whatsoever, including but not limited to the discontinuation or destruction of the App or the malfunction of the server or a telecommunications failure.

bethere App Material

The App contains Material which is owned or licensed by bethere App. bethere App Material is protected by copyright, trade secret and other laws . bethere App owns and retains all rights in the bethere App Material. bethere name and logo are trademarks of bethere and they may not be used, copied or imitated without the prior written consent of bethere App company. All custom graphics, button icons and scripts are trade dress of bethere and they may not be use, copied or imitated without the prior written consent of bethere App. Modification, concealment or removal of any copyright, trademark or any other proprietary rights notice contained or accompanying bethere Material is strictly prohibited. Alteration, adaptation, performance, display, publication, distribution, reproduction, sale, license, transmission, broadcast, preparation of derivative works based on bethere Material without the prior written consent of bethere is prohibited.

Rules

You are solely responsible and liable for the activity of your account. You are solely responsible and liable for your interaction with other Users. bethere App reserves the right to suspend or block or refuse access of any User or potential User to the App. bethere App reserves the right to remove, edit, alter, suspend or block any material, User Material included, with any or no reason, in its sole discretion and at any time. bethere App is not obliged to monitor the App, including but not limited to the User Material. bethere App may but is not obliged to take down, delete, alter, block, investigate, monitor Material or an account containing Material which bethere in its sole discretion decides that are in violation of the present Terms of Use. When using the App you must abide by all applicable laws and regulations, national and international.

Including, but not limited to, you must not directly or indirectly:

· Engage in any illegal or unlawful conduct

· Knowingly introduce software viruses, Trojans, worms, or other material to the App that would harm, disable, disrupt, limit or in any way interfere with the proper function of the App or any User’s of the App equipment or any software, hardware or any relevant communications and technical equipment in general or to damage or gain unauthorized access to any system ,data, password, or other information of bethere App company, bethere App, bethere App User or any third party, person or legal entity

· Submit or contribute in any way User Material which contains nudity or violence, is abusive, threatening, obscene, vulgar, pornographic, harassing, misleading, untrue, defamatory, derogatory ,promotes discrimination or bigotry or is in any way offensive or inappropriate as determined in the sole discretion of bethere App

· Submit or contribute in any way any User Material without the permission of the content owner or otherwise infringe the copyright, trademark, trade secret, intellectual property right or any other right of any third party, person or legal entity

· Submit or contribute in any way User Material which is invasive of a third party’s privacy

· You must not use the App in order to stalk, harass, investigate or monitor a User

· Collect any data from the App

· Crawling, scraping, catching any material of the App via automated means is prohibited.

· Impersonate any third person or legal entity, including an employee or representative of bethere App company

· Change or alter the App in any way or change or alter in any way another App or website so as to falsely imply that said App or website is associated with the bethere App or company

· Reverse engineer, decipher, decompile, disassemble or attempt to derive any source code or algorithms or any part of the App, except to the limited extent that applicable laws may specifically prohibit such restriction

· Reproduce, republish, create derivative works of, sell, trade, alter, display or in any way exploit the App, except when expressly allowed by bethere App company

· Copy, rent, distribute, lease or otherwise transfer any rights that you receive herein

· Bypass any measures bethere App uses to prevent or restrict access to the App or use the App in any way if we have suspended or banned you from using it

· Act in any way that does or may inflict an unreasonable or excessively large load on the infrastructure of the bethere App and company.

· Impede in any way the proper function of the App

· Run any form of “spam” on the App

· Proceed to any commercial activities - including but not limited to sales ,advertising ,barter ,contests - without the prior written consent of bethere App

· Act in any way that violates the present terms, conditions and policies of bethere App

You hereby expressly agree that bethere App is not in any way liable or responsible for the conduct of any User.

Kindly always exercise courtesy when using the App and interact respectfully with other Users online and offline.

Photographs/video/audio

When choosing photographs/video/audio to post on bethere App always keep in mind that the use of defamatory, harassing, abusive, offensive, vulgar, obscene, pornographic, depicting nudity, depicting sexual activity, depicting discrimination or violence, invasive of others’ privacy -e.g. content including contact details, sensitive financial information, identification documents- or otherwise unlawful or inappropriate , as determined by bethere App in its sole discretion and at any time, content is strictly prohibited on bethere App.

Do not proceed on posting photographs/video/audio of others without their prior express consent.

Your posts of photographs/video/audio must not infringe any intellectual property right, trademark, copyright, patent or other right of another person or legal entity or violate any law or contractual duty.

The bethere App team strongly discourages the posting of photographs/video/audio of children. If you wish to post photographs/video/audio of a child please do so only with the prior express consent of their parent/guardian.

In the event that User Material containing child pornography is detected said account will be terminated and the appropriate authorities will be immediately notified.

If you spot what you think to be an inappropriate post please alert us immediately at contact@bethereapp.com. Please help us maintain a safe and pleasant environment of the bethere App.

Kindly note, that all photographs/video/audio are considered User Material.

ANY AND ALL PHOTO/VIDEO/AUDIO THAT YOU SUBMIT TO THE APP SHALL BE AND REMAIN PUBLIC, EVEN IF YOU CHANGE YOUR RELEVANT APP PRIVACY SETTINGS, AND SHALL APPEAR TO ALL APP USERS IN RELATION TO THE PLACE FOR WHICH YOU CHOSE TO SUBMIT SAID MATERIAL FOR A BETHERE,WHETHER SAID BETHERE BE PUBLIC OR NOT.

Comments

When posting a comment always keep in mind that the use of harassing, defamatory, abusive, offensive, vulgar, obscene, discriminating, invasive of others’ privacy or otherwise unlawful or inappropriate content, as determined by bethere App company in its sole discretion at any time, is strictly prohibited on bethere App.

The views, opinions and positions expressed by those providing comments are theirs alone and do not reflect the views, opinions and positions of bethere App company, its managers, officers, representatives or employees.

bethere App company makes no representation as to the accuracy, completeness, timeliness, suitability or validity of any information presented by commenters on the App and will not be liable for any errors, omissions, delays in this information or any losses, injuries or damages arising from its display or use.

If you spot what you think to be an inappropriate post please alert us immediately at contact@bethereapp.com

bethere for business – bethere for business Claimed Venues

Business owners may choose to register to the bethere for business Web Platform and create an account for their business through which they may control and edit the bethere App profile of their business, receive payments from customers in their stores, offer bids and loyalty packages to bethere App Users . Said businesses shall be referred to as Claimed Venues.

After creating a post at a Claimed Venue you shall receive henceforth on your activity report announcements, promotions, offers, bids, loyalty bonuses made by the business owner for the services/products provided by/at the Claimed Venue.

IMPORTANT: Even if you choose the non public option at the privacy settings for your betheres please be informed that your posts,i.e. your private betheres, shall remain visible to the manager of the bethere for business account of said Claimed Venue. The same shall apply when you are at the vicinity of a Claimed Venue. Then the respective business owner shall be able to see your latest location through the bethere App map in the form of a hidden anonymous avatar.

bethere App company is not a party to any contractual arrangements or any kind of dealings entered into between you and the Claimed Venue business owner , unless otherwise specified or agreed to by bethere App company.

You understand and agree that a Claimed Venue is not an endorsed, recommended, approved, guaranteed or introduced by bethere App company venue. bethere App company makes no representations as to the accuracy, completeness, suitability or validity of any information presented by Claimed Venues business owners and will not be liable for any errors, omissions, delays in this information or any losses, injuries or damages arising from its display or use.

bethere App payment services processing fees

Processing fees for Users of the bethere app using the bethere App payment services may apply

Payment Information

In order to use the bethere App payment services, place orders as well as enable the ordering or loyalty functionality of the bethere App you may either:

1. use your debit or credit card by inserting every time the necessary information in the integrated form of our third-party payment processor which are not be saved or visible to us and are transferred with the highest encryption standards to our third-party payment processor

2. use Apple Pay (within bethere App) which allows you to complete a payment transaction with Apple’s Touch ID functionality provided that you have already setup Apple Pay in your iPhone

You, the bethere App User are solely responsible for the validity, completeness, accuracy and suitability of the payment information you provide bethere App with.

To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third party service providers to process payments, manage information and detect and prevent fraud.

By providing payment information to bethere App you represent and warrant that you are legally authorized to provide such information to the Company ; you are legally authorized to perform and receive payments from the account and such action does not violate the terms and conditions applicable to your use of such account or applicable law.

You are to inform us immediately regarding any breach of your account or relevant danger.

Contact Information

In order to use the payment services you must provide bethere App with valid contact details either E-Mail address or mobile number or both and verify such contact details as instructed by Company. More specifically a verification message is to be sent to the contact details you will provide the bethere App with, through which you will be called to verify said contact information.

Transactional notifications on both ends of the transaction shall be sent. Users shall receive a confirmation E-Mail at the contact details they have provided the bethere App with.

Users are solely responsible for the validity, completeness, accuracy, suitability and legality of the contact details they provide the bethere App with.

Should Users be made aware of any safety breach of their bethere App they are to inform bethere App immediately accordingly.

If you change your contact details you must update your contact details immediately. When you provide your contact details you expressly consent to receive automated or non-automated E-Mails, direct dial calls, autodialed and prerecorded message calls, text messages.

Discounts & Offers

bethere for business Venue Business Owners can provide their bethere App Users/Customers with discounts and offers via bethere App by using the bethere for business Web Platform. Business owners can create their own loyalty reward program for their dedicated bethere App Users/ Customers and/or “entice” bethere App Users/Customers by providing them with offers for goods and services they provide, hence called bidding system

The loyalty reward program of each and every Claimed Venue may vary.

Solely responsible for the validity, completeness, accuracy and suitability of the information regarding discounts, offers they provide to bethere App Users are the respective Claimed Venues/ business owners.

You may redeem discounts and offers solely at the respective Claimed Venue and not in/at any other. bethere App Company cannot be held liable for any discount and/or offer. Users may not request bethere App Company to redeem any discount and/or offer for them in cash and/or in any other form of discount and/or offer to the same Claimed Venue or other.

Loyalty system – berewarded

bethere for business Venue Business Owners may create their own loyalty program for their dedicated customers via bethere for business Web Platform.

This way they can provide discounts and offers to their dedicated bethereapp Users/Customers.

Each bethere for business Venue Business Owner can easily customize his/hers Venue’s loyalty program and keep track of all berewarded transactions.

Users may also keep track of their loyalty program history at every Venue and keep track of all their berewarded transactions.

Sole rule to keep in mind bethere App users’ loyalty level resets monthly!

At the history section of your Activity Page on bethere App, bethere App Users may revisit your payment transaction history regarding past completed payments.

Τhe bethere for business Venue business owner are solely responsible for the validity, completeness, accuracy and suitability of the loyalty information he/she communicates to the bethere App Users

Bids

bethere for business Venue business owners may send via the bethere for business Web Platform bids to bethere App Users that are in the vicinity of their Venue based on the bethere for business Map.

At the history section of your Activity Page on bethere App, bethere App Users may revisit your payment transaction history regarding past completed payments.

All promotional validity dates and information are to be specified on the bids. Business owners of Claimed Venues must provide bethere App Users with specific information to each and every bid they make.

The bethere for business Claimed Venue business owner are solely responsible for the validity, completeness, accuracy, suitability and legality of the information regarding bids they provide bethere App Users.

Reservations & Ordering ahead of time (dine in & take out)

bethere App Users users may reserve and order in advance for their dine in through the Dedicated Page of each Claimed Venue

Customers/Users will first send their reservation request as well as place their order, should they wish to. Customers/Users will wait for approval which the bethere for business Claimed Venue business owner will provide by sending them the relevant confirmation at the contact details that they would have provided to the App. Each bethere for business Claimed Venue business owner may choose whether review processing is necessary at his/her Venue.

Customers will then, in case they have placed an order for dinning in, pre-pay using the relevant payment services of the app.

Claimed Venues can also accept orders for take-out. The same shall apply for said case, that is customers shall send their take-out request. They will wait for approval which the bethere for business Claimed Venue business owner will provide by sending them the relevant confirmation at the contact details that they would have provided to the app. Each bethere for business Claimed Venue business owner may choose whether review processing is necessary at his/her Venue.

Customers will then pre-pay using the relevant payment services of the app.

Venue Owners are obliged to issue paper receipts or invoices for the Customer and hand them over to him/her upon completion of his/her order or send it electronically to him/her to the Customer’s contact details provided to the App, should the Business Owner be allowed by applicable law to issue electronically receipts or invoices. Our third-party payment processor, based on the settings and preferences of the Business Owner’s account with him, may notify via E-mail the Customer with an E-mail receipt.

At the history section of your Activity Page on bethere App, bethere App Users may revisit your payment transaction history regarding past completed payments for dine in & take outs.

In any case bethere App will automatically notify the Customer for any status update, completion or cancellation of a reservation, order or payment that takes place always including the total amount of the payment transaction if available. Transactional notifications on both ends of the transaction shall be sent. Users shall receive a confirmation E-Mail at the contact details they have provided the app. Users are solely responsible for the validity, completeness, accuracy, suitability and legality of the contact details they provide the bethere App with. Should Users be made aware of any safety breach of their bethere App they are to inform bethere app immediately accordingly.

Cancellations

A User can cancel pending reservation (not yet confirmed by the Venue) at any time without penalty.

Kindly note that you, the User shall receive a confirmation E-Mail regarding his/her order/reservation via the bethere app when the bethere for business Claimed Venue owner accepts said order/reservation via the bethere for business Platform.

In case the User wishes to cancel a reservation which is already confirmed by the Venue he/she must contact the relevant Venue directly regarding the cancellation via E-Mail or telephone.

In case the User wishes to cancel an order for which he/she has already paid he/she should contact directly the relevant Venue via email or telephone in order to arrange any refunds.

Each bethere for business Venue is responsible for its cancellation policy and its communication to the public – bethere App Users.

You the User expressly understand and agree that bethere App company is not a party to any contractual arrangements between you and any bethere for business Claimed Venue and/or bethere for business owner and/or third party.

bethere for business Venues Pricing Policy

In case that a bethere for business Venue wishes to accept pre- orders of any kind, that is for dine in and/or take out, then the business owner must make available to the bethere App at the dedicated profile page of the Venue the pricing policy of said bethere for business Venue.

The prices of any and all products and/or services provided by the bethere for business Venue will be listed on its dedicated profile. Prices must include VAT and in case an extra fee applies that also must be communicated to the Users.

Prices may change at any time, but changes will not affect orders for which you the User have already been provided with the relevant confirmation, except in case of an obvious pricing mistake, regarding which you will inform us and the bethere for business Claimed Venue owner immediately. You may be able to cancel your order once the mistake is confirmed.

Prices will vary between bethere for business Venues as well as between menus.

If a minimum order value applies for a Venue then said Venue/owner must inform bethere App Users by updating their dedicated Venue page accordingly.

Prices are not to include tips or any other gratuity. It is in the bethere App User’s discretion to tip or not.

The bethere for business Venue business owner are solely responsible for the validity, completeness, accuracy and suitability of the pricing information they provide bethere App Users.

Payment

If you have decided to use bethere App payment services and once you have confirmed an order and the order amount is pre-paid by you, then the amount marked for payment will be automatically authorized to be deducted from the account you have provided bethere app with. Payment is made directly to the relevant bethere for business Claimed Venue through our third-party payment processor’s marketplace architecture. We don’t receive or withhold any amount from the payment transaction. The payment processing fees of bethere App payment services are to be retained by the third-party payment processor automatically from the aforementioned amount and the business owner shall receive the remaining amount.

Sale of Alcohol

Individuals placing an order (dine in and/ or take out) for alcohol via bethere App must be aged over 18. Bethere for business Claimed Venue business owners must proceed for said reason to age verification of the customers. bethere for business Claimed Venue business owners must not provide alcohol to persons that appear to be under 18 and cannot prove otherwise or to those who are or appear to be under the influence of either drugs or alcohol.

Advertisement

The App may be supported financially by revenue generated via advertising and therefore may contain and/ or display advertisements and/or promotions. You hereby expressly agree that bethere may at its sole discretion place promotions and/or advertisements within the App, including but not limited to on, about or in conjunction with your User Material, without having any obligation of any kind towards you.

You may not place an advertisement or promotion on the App without the prior written consent of bethere. Should you wish to place an advertisement on the bethere App please contact us at contact@bethereapp.com

Hyperlinks

bethere App company may provide within the App hyperlinks to other locations, Apps or web sites on the Internet. Said hyperlinks lead to Apps, web sites etc. published or operated by third parties which are in no way affiliated with or related to bethere App company.

By providing hyperlinks to an external web site, App etc bethere App company shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the services/products they provide or to have any form of cooperation with said third parties or web sites, Apps etc, except if so expressly stated by bethere App company itself.

bethere is not responsible in any way for the content of any externally linked web site, web page, App. You use or follow these links at your own risk and bethere App company shall be in no way responsible for any losses or damages incurred or suffered by you arising out of or in connection to your use of the link.

bethere company is not a party to any contractual arrangements entered into between you and the third party except in case it is otherwise expressly specified or agreed to by bethere App.

Always keep in mind that when you click on a link and leave our App you will be subject to the terms of use and privacy policy of the web site, web page, App you shall visit.

You must always obtain the prior written approval of bethere App company in order to create a hyperlink of any kind or form from a third party web site, web page, App etc to the bethere App or any other App, web site, web page, web platform of bethere App company. It is in the sole discretion of bethere App company to provide you or not with such an approval.

bethere App Company is in no way responsible for the creation of any hyperlink from any third party web site to the bethere App or any other App, web site, web page, web platform of the bethere App company. Any hyperlinks so set up shall not constitute any form of co-operation with or endorsement by bethere App company of any such third party web site.

Any use or display of our logos, trade name and trademarks as a hyperlink may be subject to a fee as determined solely in the absolute discretion of the bethere App company.

Terminating our relationship

If you wish to end your use of the App, please contact us at contact@bethereapp.com and ask us to deactivate your account and erase your personal information. Simple deletion of the App from your device will not suffice to deactivate your account. Deactivation of your Facebook account will not suffice also to deactivate your bethere account and you must in said case also contact us at the aforementioned email address and request the deactivation of your bethere App account and deletion of your personal information.

If at any time you feel that you do not agree to the present Terms of Use or to any changes made to them or to the App, you must immediately stop using the App and request the deactivation of your account

bethere App reserves the right to terminate your access to the App at any time, with or without reason, with or without notice, effective immediately.

Upon termination, all licenses and other rights provided to you in these Terms of Use shall immediately cease. Any and all provisions of the present Terms of Use that by nature should survive termination, shall

Disclaimer of Warranties

THE APP, INCLUDING BUT NOT LIMITED TO BETHERE MATERIAL,USER MATERIAL AND SECURITY CONCERNING THE TRANSMISSION OF INFORMATION TO THE BETHERE COMPANY AND APP OR VIA THE APP,IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” , “WITH ALL FAULTS BASIS” AND TO THE FULLEST EXTENT ALLOWED BY LAW WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TRADE, CUSTOM, QUIET ENJOYMENT, FREEDOM FROM MALWARE AND SYSTEM INTEGRATION, EACH OF WHICH IS HEREBY DISCLAIMED BY BETHERE COMPANY,ITS EMPLOYEES,MANAGERS,OFFICERS,REPRESENTATIVES OR AGENTS.

YOU ACKNOWLEDGE THAT YOU USE THE APP AT YOUR OWN SOLE RISK. THE BETHERE TEAM (COMPANY,ITS EMPLOYEES,MANAGERS,OFFICERS,REPRESENTATIVES,DIRECTORS OR AGENTS) DOES NOT REPRESENT OR WARRANT OR ENDORSE IN ANY WAY THAT THE INFORMATION ON THE APP IS USEFUL, COMPLETE OR ACCURATE.THE BETHERE TEAM DISCLAIMS SPECIFICALLY THE WARRANT THAT THE USE OF THE APP IS LAWFUL AT YOUR PARTICULAR JURISDICTION.BY ACCESSING OR USING THE APP YOU REPRESENT AND WARRANT THAT YOUR ACTIONS ARE LAWFUL IN EACH JURISDICTION FROM WHERE YOU ACCESS OR USE THE APP.PLEASE ALSO NOTE THAT CERTAIN JURISDICTIONS DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES AND IN THE CASE THAT THE LAW OF SUCH A JURISDICTION APPLIES TO YOU AND THE PRESENT TERMS, SUCH A DISCLAIMER MAY NOT APPLY TO YOU.

THE BETHERE TEAM DOES NOT REPRESENT OR WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED OR WITHOUT DELAYS OR AVAILABLE AT ANY LOCATION OR THAT, DEFECTS WILL BE CORRECTED OR THAT THE APP OR THE SERVER IS FREE FROM ANY MALWARE OR THAT THE RESULTS OF USING THE APP SHALL MEET YOUR REQUIREMENTS AND EXPECTATIONS.

YOUR RELATIONSHIP BETWEEN YOURSELF AND ANY THIRD PARTY FOUND THROUGH THE APP IS SOLELY BETWEEN YOU AND SAID THIRD PARTY.YOUR DEALINGS,INCLUDING BUT NOT LIMITED TO BUSINESS DEALINGS, WITH A THIRD PARTY FOUND THROUGH THE APP IS AT YOUR OPTION AND SOLE RISK.

BETHERE TEAM DOES NOT ENDORSE ANY MATERIAL AND DISCLAIMS SPECIFICALLY ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY PERSON OR LEGAL ENTITY FOR ANY DAMAGES, CLAIMS, ACTIONS, LIABILITIES, INJURIES, LOSSES OF ANY KIND OR NATURE WHATSOEVER OR ANY OTHER POSSIBLE REASON IN CONNECTION WITH,BASED UPON OR RESULTING FROM THE MATERIAL.

Limitation of Liability

TO THE MAXIMUM PERMISSIBLE BY LAW EXTENT ALL LIABILITY OF BETHERE (COMPANY, EMPLOYEES, MANAGERS, REPRESENTATIVES, DIRECTORS, OFFICERS AND AGENTS) FOR ANY DAMAGES OR LOSSES INCURED TO YOU AS A RESULT OF YOUR ACCESS TO AND USE OF THE APP,BETHERE MATERIAL,USER MATERIAL IS EXPRESSELY EXCLUDED.

SOLELY IN CASE A COURT OF COMPETENT JURISDICTION DECIDES THAT LIABILITY OF BETHERE HAS ARISEN, THE TOTAL OF SAID LIABILITY SHALL BE LIMITED TO EURO ONE HUNDRED (€ 100,-) IN TOTAL.

UNDER NO CIRCUMSTANCE,EVEN IF FORESEEABLE OR EVEN IN THE CASE THAT BETHERE HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, WHETHER IN CONTRACT OR TORT OR NEGLIGENCE -INCLUDING BUT NOT LIMITED TO WHEN CAUSED IN WHOLE OR IN PART BY NEGLIGENCE,FORCE MAJEURE,THEFT OF THE APP,DESTRUCTION OF THE SERVER/APP - WILL BETHERE BE LIABLE WITH RESPECT TO : (1) THE APP (2) BETHERE MATERIAL (3) USER MATERIAL (4) PERFORMANCE OF THE APP (5) YOUR USE OF OR INABILITY TO USE THE APP (6) ANY ERRORS OR OMISSIONS, INTERUPTION OR DELAY OF OPERATION, MALFUNCTION TECHNICAL OR OTHER OF THE APP (7) DAMAGE TO USER’S EQUIPMENT AND TECHNOLOGY INCLUDING BUT NOT LIMITED TO MALWARE OR SECURITY BREACH DUE TO THE USE OF THE APP (8) BETHERE ACCOUNT SECURITY BREACH FOR :

ANY OF YOUR LOSSES OR DAMAGES: DIRECT OT INDIRECT, ECONOMIC, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL OR FOR

LOSS OF GOODWILL, LOSS OF REVENUE,LOSS OF PROFIT,LOSS OF ANTICIPATED SAVINGS,LOSS OF DATA, WORK STOPPAGE,WASTED EXPENDITURE,COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES

NOTHING IN THE PRESENT TERMS OF USE EXCLUDES OR LIMITS YOUR LIABILITY IN RELATION TO ANY INDEMNITY PROVIDED BY YOU ACCORDING TO THESE TERMS OF USE.

PLEASE BE INFORMED THAT IN CERTAIN COUNTRIES LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED SO THE AFOREMENTIONED LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SAID CASE, BETHERE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

BETHERE IS IN NO WAY OR EVENT RESPONSIBLE FOR THE MATERIAL PROVIDED BY, AS WELL AS THE ACTIONS OF THIRD PARTIES.YOU RELEASE US, OUR EMPLOYEES, DIRECTORS, MANAGERS, REPRESENTATIVES, OFFICERS AND AGENTS FROM ANY CLAIMS AND / OR DAMAGES THAT YOU INCUR DUE TO YOUR RELATIONSHIP WITH THIRD PARTIES,INCLUDING BUT NOT LIMITED TO OTHER BUSINESS APP USERS AND CLAIMED VENUES BUSINESS OWNERS.

BETHERE IS NOT IN ANY WAY LIABLE OR RESPONSIBLE FOR THE ONLINE OR OFFLINE CONDUCT OF ANY USER, OF THE BETHERE APP NOR OF THE BETHERE FOR BUSINESS WEB PLATFORM

YOU ACKNOWLEDGE TO HAVE READ, UNDERSTAND AND HEREBY EXPRESSELY AGREE THAT IN CASE THAT YOU INCUR INJURIES, LOSSES OR DAMAGES OF ANY KIND DUE TO BETHERE’S ACTIONS OR OMISSIONS SAID DAMAGES AND LOSSES ARE NOT IRREPARABLE AND/OR SUFFICIENT TO ENTITLE YOU TO ANY INJUNCTION PREVENTING ANY KIND OF EXPLOITATION OF THE PRESENT OR ANY APP,WEB SITE,PRODUCT,SERVICE,PROPERTY OR MATERIAL OWNED OR CONTROLLED BY BETHERE COMPANY AND THAT YOU SHALL HAVE NO RIGHTS TO INHIBIT OR LIMIT ANY DEVELOPMENT,PRODUCTION,DISTRIBUTION OR ANY KIND OF EXPLOITATION OF THE PRESENT OR ANY APP,WEB SITE,PRODUCT,SERVICE,PROPERTY OR MATERIAL OWNED OR CONTROLLED BY BETHERE COMPANY OR ITS MANAGERS,OFFICERS,REPRESENTATIVES AND EMPLOYEES.

Waiver

In order for a waiver of compliance with these terms of use to be binding bethere App must provide you with a written notice of said waiver through one of its authorized representatives.

If you do not comply with the present Terms of Use and we fail to take immediate action, regardless of the length of time such failure continues, said failure shall not be deemed a waiver of our right to demand strict compliance in the future.

The failure of either party to exercise a right provided in the present terms of use does not imply and shall not be deemed a waiver of any further rights also provided herewith.

Severability

These terms of use constitute the entire agreement between you and bethere App concerning the use of the App, superseding any prior agreements between you and bethere App. Should any provision of the present terms of use be found by a court of competent jurisdiction invalid, illegal, void or unenforceable, said provision is to be limited or eliminated to the minimum extent necessary so that the terms of use shall remain in force and effect and enforceable. The invalidity, illegality, unenforceability of a provision will not affect any other provision of the Terms of Use.

Modification of Terms of Use

bethere App reserves the right in its sole discretion to update, alter or substitute any of these Terms of Use, at any time by providing you with reasonable advance notice prior to the modified Terms of Use becoming effective. You understand and agree that we may notify you for the modified Terms of Use by posting them on the App at least three (3) days before their effective date. We may, but are not obliged to, post an extra notice on the App and/or on the App’s web site (www.bethereapp.com) or send such notice via the App or via email prior to the change becoming effective. We also encourage you to periodically review this page for the latest information on our policies. Should you continue to use the App after the effective date of the modified Terms of Use it shall constitute acceptance from your part of the changes. These Terms of Use will govern any disputes to have arisen before the effective date of the Modified Terms of Use.

Modification of the App

bethere App reserves the right in its sole discretion to update, modify, suspend or discontinue the App, any feature of it or any material included, at any time, without prior notice. Should you continue to use the App after the changes becoming effective, it shall constitute acceptance from your part of said changes. bethere also reserves the right to restrict or block your access to the App or parts of it, without notice or liability.

Assignment

These terms of use are not assignable, transferable or sublicensable by you except in the case that bethere App has provided you with its prior written consent to do so. bethere App may assign any and all of its rights and obligations hereunder without your consent.

Indemnification

You agree to indemnify, hold harmless and at bethere App’s request defend bethere App, its representatives, directors, suppliers and affiliates, from and against any damages, losses, liabilities, actions, claims and expences, including but not limited to reasonable attorney’s fees and costs , arising out of or in connection with a) your Material or your access to or use of the App b) your breach or alleged breach of the present Terms of Use c) your violation of any laws, regulations, codes, orders of any governmental authority, statutes, rules d)your violation of any third party right e) any misrepresentation made by you. You agree to cooperate as fully required by bethere in the defense of any claim. You will not in any event settle any relevant claim without the prior written express consent of bethere App. bethere App reserves the right to undertake the exclusive defense and control of any matter otherwise subject to indemnification by you. bethere App reserves the right, but in not in any way obliged to monitor and/or intervene and/or get involved in disputes between you and other Users.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of United Kingdom. The same shall apply to any and all disputes or claims arising out of or relating to said Terms of Use. All disputes or claims arising out of or in connection with said Terms of Use will be subject to the exclusive jurisdiction of the UK Courts and specifically the competent Courts of London to which both parties irrevocably agree and submit.

Time Limitation on Claims

You agree that any claim you may have arising from or in relation to the present Terms of Use and the Use of the bethere App in general must be filed within one (1) calendar year after such a claim arose, otherwise your claim is permanently barred.

Language

These Terms of Use where written in English. bethere App may but is not obliged to provide you with a translation of the English language version of these Terms of Use, privacy policy included. In such a case you agree that the translation is provided only for your convenience. The English language version governs your relationship with bethere App and in case and to the extent a translated version of these Terms of Use conflicts with the English language version, the English version controls.

Territorial Restriction

bethere App reserves the right to limit the availability of the App and / or any part of the App to any geographic area or jurisdiction or person or legal entities at any time and in its sole discretion without prior notice.

Any Material provided within the App, included but not limited to User Material, is not intended for use and/or distribution by any person or legal entity in any jurisdiction or country where such a distribution or use is against law or regulation or within where bethere is obliged to any registration requirement.

Privacy Policy

This privacy statement describes how bethere App collects and uses the personal information you provide. It also describes the choices available to you regarding our use of your personal information and how you can access, update or delete this information

Location Services

Some services on this App make use of location-based data. If you allow these services, we will collect information about the Wi-fi routers closest to you and the cell IDs of the towers closest to you.

We use this information to

Provide the requested location-based service, not to identify you. You will be asked for your permission each time a location-based service is requested.

Provide you content based upon your location

Check you in to a store or other location to enable you to earn loyalty rewards or let others know where you are

Provide you local search results

Provide you special local offers

Map routes and provide directions to locations that you specify

Enable you to share your location with friends

Collection and Use

We also collect the following personal information from you:

Unique Identifiers, including: User Name, E-Mail address,password

We also collect the following information from you:

Demographic information such as age, education, gender, interests, zip code

As is true of most App and Web sites, we automatically gather information about your computer such as your IP address, browser type, referring /exit pages, and operating system

We use this information to:

Send you push notifications when you are using our app. If you do not want these notifications, you can manage your preference either through your device or app settings depending on your device type. You can also contact us at contact@bethereapp.com

Display content based upon your interests

Your Facebook Profile Information

Please be informed that with permission you provide to Facebook we may use the following information from your Facebook profile :

Public profile, email address, birthday, work history, Checkins, education history, current city, photos (those uploaded by you and those you are tagged in), friend list, your friends’ checkins, your friends’ current cities

To provide you with suggestions for new friends and places.

You can edit the permission settings from Facebook.com at your profile:

Privacy Settings>Apps>bethere

Social Networks

We enable you to create a profile, and share information such as messages, photos, and videos with others within your network. We cannot control the actions of others with whom you may choose to share your posts, pages and information. Also we cannot guarantee that the content you post on our site will not be viewed by others outside your network.

Any Material, with the exception of photo/video/audio, that you voluntarily submit to the App for posting becomes available to the public or not, as controlled by the privacy setting that you set. To change your privacy settings on the App, please change your profile setting. ANY PHOTO/VIDEO/AUDIO THAT YOU SUBMIT TO THE APP IS AND SHALL REMAIN PUBLIC EVEN IF YOU CHOOSE TO SET YOUR PRIVACY SETTING TO NOT PUBLIC.

IMPORTANT: Even if you set your profile settings to not public any bethere App posts made by you to a claimed venue shall be visible to the manager of the page of said business at said business’s account on the bethere for business web platform.

Sharing Your Information

We will share your information with third parties only in the ways that are described in this privacy statement

We may disclose your personal information:

· as required by law, such as to comply with a subpoena, or similar legal process

· when we believe in good faith that disclosure is necessary to protect our rights , protect your safety or the safety of others, investigate fraud, or respond to a government request

· if bethere is involved in a merger, acquisition, or sale of all or a portion its assets, you will be notified via email and/or a prominent notice on our App and/or it’s Web site (www.bethereapp.com) of any change in ownership or uses of your personal information , as well as, any choices you may have regarding your personal information

· to any other third party with your prior consent to do so

Tracking and Ads

We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Web site and App. For example, we will know how many users access a specific area or features within our App or site and which links or ads they clicked on. We use this aggregated information to understand and optimize how our App or site is used, improve our marketing efforts, and provide content and features that are of interest to you.

Security

The security of your personal information is important to us. When you provide sensitive information to us, we encrypt the transmission of that information using secure socket layer technology (SSL)

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can contact us at contact@bethereapp.com

Storage and Processing of Personal Information

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at contact@bethereapp.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements

The collected through the App information may be stored or processed in Greece or in the United States.

bethere, its affiliates or service providers may transfer information that we collect about you, including but not limited to personal information, across borders and from your country or jurisdiction to another around the world.

Please be informed that we may transfer information, including but not limited to personal information, to a country or jurisdiction where data protection laws may differ from those of your jurisdiction.

Other Information

Correcting, Updating or Deleting Your Personal Information

To review and update your personal information to ensure it is accurate or to complete it or to object to the storage and use of your personal information in whole or in part, or to request the deletion of your personal information and your account contact us any time at contact@bethereapp.com.

We must reply to you in writing within fifteen (15) days upon receipt of your request.

Notification of Privacy Statement Changes

Please note once again that we may update this privacy statement to reflect changes to our information practices, in our sole discretion, at any time, as it is part of the Terms of Use, by providing you with reasonable advance notice prior to the modified Privacy Policy becoming effective. You understand and agree that we may notify you for the modified Privacy Policy by posting the modified Terms of Use, Privacy Policy included, on the App at least three (3) days prior to the effective date of said modified Terms of Use. We may, but are not obliged to, notify you by means of an extra notice on the App and/or on the App’s web site (www.bethereapp.com ) or send such a notice via the App or via email prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Should you continue to use the App after the effective date of any changes of the privacy policy it shall constitute acceptance from your part of said changes.

Contact

You can contact us about these Terms of Use -privacy statement expressly included- by writing or email us at the address below:

BETHERE APP LTD.

1 PRIMROSE ST.

LONDON, EC2A 2EX

UNITED KINGDOM

Email: contact@bethereapp.com

Headings

Headings used in these Terms of Use are provided for convenience only and shall not be used to construe meaning or intent.