BoozyMates™: Terms and Conditions

Introduction

1. The BoozyMates app (the App) is owned and operated by BoozyMates.com Limited a company registered in England and Wales with registered number 10108196, registered office at Freshwater Beach Holiday Park, Burton Bradstock, Bridport, DT6 4PT (BoozyMates, we, us). By using the App you agree to be bound by these terms of use (the Terms) together with the privacy policy accessible in the App (the Privacy Policy). These Terms and the Privacy Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the App. If you have any questions, you can contact us at support@boozymates.com.

2. We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

3. The App runs on iPhones and Android devices.

Registration

4. To use the App, you must be at least old enough to purchase alcohol in your country of use.

5. You can register at the App through your Facebook login, or you can register directly. You are responsible for maintaining the confidentiality of the password you choose during the registration process, and you are solely responsible for all activities that occur under your account. Please take precautions to protect your password and contact us at support@boozymates.com if you believe there has been any unauthorized use of your account.

6. You may only register on the App using your own details, and all information you provide to us on registration must be accurate and complete.

Fees

7. You have 30 days from the date the App is first installed of access to the premium version of the App for free. After the 30-day term, you will automatically be transferred to the free lite version of the App. The free lite version of the App has different functionality, and in particular, has a 15-minute delay on information uploaded by other users, a limited number of Boozy Events and includes data only within a 500-mile radius of where the App was first downloaded.

8. If you upgrade to the paid-for premium version of the App, you shall pay the fee as part of the registration process with an in-app purchase and this entitles you to use the premium version of the App for the subscription term of one year. Please note, that once you pay the fee for the App, the enhanced functionality is immediately available and so your right to cancel the App does not apply. This does not affect your statutory rights as a consumer. When your subscription expires, the App functionality will return to the lite version, and you will have the opportunity to subscribe for another year.

Use of the App

9. The App is made available to enable users to locate other users who have downloaded the App. These other users may include your friends, owners of featured establishments and/or our partner organisations. By setting your status accordingly, you can indicate to other users what your current intentions are; for example, if you are in Discoverable status, other users can see where you are and send you a contact request. If you do not wish to be found on the App, you can set your status to Hidden.

10. We may from time to time invite users to access Promoter status. Promoter status enables you to recruit new users to the App in return for a commission.

11. The App is made available for your own use. The App must not be used for any illegal or unauthorised purpose. Users of the App may not use any information obtained from the App to advertise to, solicit, or sell to any other user without his or her prior explicit consent.

12. You agree not to try to gain unauthorised access to the App or any networks, servers or computer systems connected to the App and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the App save to the extent expressly permitted by law.

Your content

13. There are many opportunities for you to interact and provide content to the App (User Content). For example, you can provide ratings and updates for places you have visited and contact other users. You understand and agree that User Content can be viewed by other users on the App, and that they may be able to see who has posted User Content. You further agree that we can use User Content for any other purposes, and combine User Content with other content for use within the App and otherwise. We do not have to attribute User Content to the user who first provided that User Content.

14. User Content must comply with all applicable law. In particular, but without limitation, your User Content must not (a) be inaccurate, false or misleading; (b) promote racism, hatred or physical harm of any kind against any group, establishment or individual; (c) harass or encourage harassment of another person; (d) promote illegal activities, criminal conduct or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) contain inappropriate content, including sexual or violent content; (f) involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming; and/or (g) infringe any third party rights, including copyright, trade marks or rights of privacy.

15. We are not responsible and accept no liability for User Content including any User Content that contains incorrect information or is defamatory about another user or an establishment included on the App. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time.

16. You understand that we do not investigate the backgrounds of any users or check the information provided by users. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate outside the App or meet in person. BoozyMates shall have no liability to you whatsoever in relation to your interactions with other users of the App. We recommend that you follow the UK government guidelines set out here: https://www.getsafeonline.org/social-networking/

BoozyMates Content

17. The copyright in all material contained in the App including all information, data, text, images, and all source code and other software is owned by or licensed to BoozyMates (Our Content). All rights are reserved. You can view, print or download extracts of the Content for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Content without our permission.

18. The BOOZYMATES™ trade mark is owned by BoozyMates.com Limited.

19. BoozyMates encourages its users to enjoy a night out using the App to find great locations, and spend time with friends. However, BoozyMates encourages responsible drinking. For further information, see www.drinkaware.com.

Link to third party content

20. The App may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.

21. We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, and not BoozyMates, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

Liability and disclaimer – Your attention is particularly drawn to this section

22. Use of the App is at your own risk. The App is provided on an “as is” basis. To the maximum extent permitted by law: (a) BoozyMates disclaims all liability whatsoever, whether arising in contract, tort (including negligence) under statue or otherwise in relation to the App including all content uploaded by users; and (b) all implied warranties, terms and conditions relating to the App (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded. Your statutory rights as a consumer are not affected.

23. BoozyMates will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the App, for any (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of reputation; (c) loss of data; and/or (d) special or indirect or consequential loss even if advised of the possibility of such losses.

24. If BoozyMates is liable to you directly or indirectly in relation to the App, that liability (howsoever arising) shall be limited to the sums paid by you to access the App. Nothing in these Terms shall be construed as excluding or limiting the liability of BoozyMates for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.

Availability

25. We will use reasonable endeavours to make the App available to you at all times. However, there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. In addition, you acknowledge that the Internet may be subject to breaches of security and that the submission of content and interactions with other users may not be secure.

26. We reserve the right to remove any content or features from the App for any reason, without prior notice and/or to suspend or cease providing any services relating to the App without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances, save to refund any fees paid in advance in respect of any period when the App has been suspended or stopped.

Termination

27. We may suspend or delete your account if (a) you have breached any provision of these Terms in particular in relation to payment of fees; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we determine that your conduct could damage our reputation. If we delete your account, you may not re-register under a different name and you acknowledge that your User Content may be deleted.

28. You may terminate your account by following the instructions on the App and/or deleting the App. You cannot delete the App and then re-register in order to obtain a further free month’s subscription.

29. If you have paid for the App, all fees will continue to be due for the period of the subscription you have selected.

General

30. These Terms and the Privacy Policy (as amended from time to time) constitute the entire agreement between you and BoozyMates concerning your use of the App. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

32. You consent to receive all communications including notices and other information from BoozyMates electronically. BoozyMates may provide all such communications by email, text or by posting them on the App

33. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the App please follow this link http://ec.europa.eu/odr These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.


BoozyMates™: Privacy Policy

Introduction

1. The BoozyMates app (the App) is owned and operated by BoozyMates.com Limited a company registered in England and Wales with registered number 10108196, registered office at Freshwater Beach Holiday Park, Burton Bradstock, Bridport, DT6 4PT (BoozyMates, we, us). By using the App you agree to be bound by this privacy policy (the Privacy Policy) and the terms of use accessible on the App (the Terms). This Privacy Policy and the Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by this Privacy Policy and/or the Terms, do not use the App. If you have any questions, you can contact us on support@boozymates.com.

2. We reserve the right to update this Privacy Policy from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing this Privacy Policy so that you are aware of any changes to it.

Collecting of Personal Data through the App

3. We will collect your personal data through your use of the App, either automatically when you register, or as provided by you through your interactions with the App or with other users of the App. For example, we may collect your name, email address and telephone number. All personal data that you provide to BoozyMates on registration must be true, complete and accurate, and you must notify BoozyMates of any changes to such personal data. At our request, you shall promptly provide evidence of your identity.

4. When you use the App, we automatically collect and store information about your mobile device and your activities. This information could include (a) your computer or other device’s unique ID number; (b) your mobile device’s geographic location while you are using the App; (c) your IP address: (d) technical information about your mobile device such as type of device, web browser or operating system; (e) your preferences and settings such as time zone and language; (f) how long you used the App and which services and features you used.

Use of Your personal data

5. By interacting with the App, your location is made available to other users except when your status is set to Hidden. If your status is not set to Hidden, other users are able to send you a contact request. A contact request may include a request to interact from a friend, an invitation to come to an establishment from the owner of that establishment, or an offer to provide transport services. Once you accept a request, your personal data (including your mobile phone number) will be shared with the user who made the request, any changes of your location will be notified to your contacts on the App and you will be able to initiate telephone calls and text messages to your contacts on the App.

6. We may also use your personal data to (a) manage your BoozyMates account and provide the services and support you request; (b) prevent potentially prohibited or illegal activities and enforce the Terms; (c) customise, measure and improve our services, content and advertising; (d) tell you about our services; (e) better understand our users, diagnose and fix problems; and (f) sell and display offers and ads that may be relevant to you.

7. We do not share personal information with others except (a) to provide your details to other users in accordance with the provisions of the Terms; (b) when we inform you and give you an opportunity to opt out of having your personal information shared; (c) to allow advertisers and advertising networks to collect information about your computer or mobile device, activities, and geographic location to enable them to display targeted ads to you; (d) to respond to legal requirements (including under the Data Protection Act 1998 as amended, or its local equivalent) or protect a third party’s rights, property, or safety; and (e) to any service providers, sub-contractors and agents that we may appoint to perform functions on our behalf and in accordance with our instructions, including our payment providers.

Marketing

8. When you register, you consent to receive email or text messages from us.
You can choose to no longer receive emails or text from us by notifying us at support@boozymates.com.

Mobile device IDs

9. We allow analytics companies to use tracking technologies to collect information about our users’ computers or mobile devices and their online activities. These companies analyze this information to help us understand how the App is being used. Unlike cookies, this tracking technology cannot be deleted. In order to recognize you, store your preferences, and track your use of the App, we may store your mobile device IDs (the unique identifier assigned to a device by the manufacturer) when you use the App.

Security

10. We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. The technology that we use and the security policies which we have implemented are intended to safeguard your information from unauthorised access and improper use. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise that your personal information, or other communications will always remain secure.

General

11. If any provision of this Privacy Policy is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

12. This Privacy Policy shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Last updated: September 2016