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Terms and conditions

Version number: 1.0

Effective date: 16/11/23

 

Who we are

    • We are Barcode Promotions Ltd trading as “ThatBar”. Our company information is at the end of this document.

 

What this is all about

    • These are our terms and conditions which apply to our Service (explained below). They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you.

 

    • Where you communicate with us on behalf of an organisation, you promise that you have authority to do so.

 

Some definitions

  • THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT

 

      • “Content” - all information of whatever kind (including Offers, Listing, text, images, photos, audio, video) displayed, stored or sent on or in connection with our Service.
      • “Listing” – your profile in the Mobile App as displayed to users including establishment information such as menus, prices and events as well as Offers.
      • “Offer” – any offer you place on our Service whether or not voucher-related;
      • “Mobile App” – our ThatBar mobile application.
      • “Service” – our ThatBar service to establishments including our Web App and any related services including our Mobile App where applicable.
      • “Web App” - the ThatBar web application.

 

Changing these terms and conditions

  • IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE

 

    • We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise.

 

    • If you don’t agree to the new terms, you should end this contract as explained below before the new terms take effect.

 

Your right to use our Service

THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE

 

    • We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.

 

Standard of Service

  • THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU
    • Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.

 

Behaviour when using our Service

THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE

 

    • You agree not to do any of the following in connection with our Service:
      • break the law or infringe anyone else’s rights;
      • send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
      • victimise or harass other people;
      • use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
      • deceive or mislead anyone;
      • send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally allowed to do so (e.g., as parent/guardian);
      • impersonate anyone;
      • use our Service to help you compete with us or to infringe our rights;
      • disrupt our Service, e.g., spam, viruses or phishing;
      • interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
      • intercept or modify communications;
      • impose an unreasonable load on our Service; or
      • attempt, encourage or assist any of the above.

 

    • You agree to:
      • comply with the guidance/requirements on our Service; and
      • provide prompt and reasonable cooperation in relation to our Service.

 

    • You agree to ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us immediately if there are any important changes.

 

Your Content

THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES

 

    • You are responsible for your Content.

 

    • You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.

 

    • You agree to keep your Listing (including menus and prices) up to date.

 

    • We are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or our upstream providers, or if we consider that Content does not meet our quality standards. 

 

    • We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.

 

    • We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.

 

    • It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for loss or damage that could have been avoided if you had made a backup (but this doesn’t affect our duties under data protection laws).

 

    • We are entitled to delete your Content if your account has been inactive for at least twelve months or any alternative period we decide.

 

    • We are allowed without telling you to edit the text or layout of your Listing to ensure it complies with our terms and conditions and otherwise in accordance with how we think your presence should appear on our Service. Even if we edit your Listing, you remain solely responsible for it, so please monitor it carefully.

 

Your Offers

THIS SECTION CONTAINS SPECIFIC OBLIGATIONS RELATING TO YOUR OFFERS

 

    • You agree to carefully check the wording of any pre selected Offer text that we supply including review of any explanations that we provide in the FAQs or elsewhere on our Service. You are ultimately responsible for the wording of your Offers, whether you use our pre-selected text or your own text.

 

    • You agree to constantly monitor your Offers and keep them up to date.

 

    • You agree to comply with your Offers and to reasonably facilitate customers who seek to redeem such Offers.

 

    • You are responsible for checking the validity of any redeemable Offer presented (e.g., that it is not a screenshot) by verifying that the date/time shown on the customer’s screen  is correct and that the seconds are counting down.

 

    • You agree that, in connection with your Offers and any related goods and/or services, you will act in accordance with highest standards reasonably to be expected in your industry and in accordance with all applicable laws, regulations and codes of conduct.

 

    • We do not guarantee that your Offers or our Service will generate any particular level of revenues, suitable enquiries or other benefits.

 

Payment

IN SHORT: OUR SERVICE MAY BECOME CHARGEABLE IN FUTURE

 

    • We reserve the right to charge fees for our Service at any time subject to your prior agreement whether by providing payment details or otherwise.

 

If you create an account on our Service

IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL

 

    • Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account.

 

    • You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password.   You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).

 

Support

THIS SECTION SETS OUT THE AMBIT OF OUR SUPPORT SERVICE, IF APPLICABLE

 

    • The Service includes support only if we opt to provide support and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.

 

    • Unless we say otherwise, any support that we do opt to provide is only available by email between 9am and 5pm on business days in England and we do not guarantee any particular response times or outcomes. Any response times given are calculated in English business hours/days unless we say otherwise. We are allowed to change or withdraw our support service at any time.

 

    • In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.

 

Ending or suspending this contract

  • THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS

 

    • You are entitled to end this contract at any time by emailing us to the address shown below.

 

    • We are entitled to end or suspend this contract at any time and for any reason.

 

    • If this contract ends:
      • Your right to use our Service and all licences are terminated.
      • We are allowed to delete your Content without telling you.
      • Existing rights and liabilities are unaffected.
      • All terms in this contract that are stated or intended to continue after termination will continue to apply.

 

Disclaimers

HERE ARE SOME IMPORTANT LIABILITY DISCLAIMERS REGARDING OUR SERVICE

 

    • We do not guarantee that the Service will be uninterrupted or error-free or that any Content generated, stored, transmitted or used via or in connection with the Service will be complete, accurate, secure, up to date, received or delivered correctly or at all.

 

    • We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason.

 

    • If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that such information is accurate or up to date or relevant to you and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

 

    • It is your responsibility to satisfy yourself that use of our Service enables compliance with all applicable laws and regulations relating to your industry or generally. We are not responsible for such matters.

 

Liability and indemnity

THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

 

    • Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and agents, who have the right to enforce this agreement.

 

    • To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

 

    • Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
  • loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
  • indirect, consequential or special losses.

 

    • Subject to the first paragraph in this section (“Nothing in this agreement…”), our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed £100.

 

    • You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).

 

    • This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.

 

Intellectual property rights (IP)

THIS SECTION CONFIRMS THAT YOU AND WE REMAIN OWNERS OF COPYRIGHT AND OTHER IP RIGHTS IN OUR RESPECTIVE CONTENT AND SETS OUT HOW WE ALLOW EACH OTHER TO USE THE CONTENT

 

IP in your Content

    • You remain the owner of the IP in any Content you provide to us for display on our Service. You allow us, at no cost and for so long as this contract lasts, to use and adapt all or part of such material however we wish on our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.

 

IP in our Content

    • We and/or our partners own the IP in all Content (excluding your Content) used on or in connection with our Service. Let’s call this “our Content”.

 

    • You may view our Content on your device for your internal business use only. Except to the extent that these terms or the functionality of our Service (e.g., sharing buttons) specifically allow you to, you must not otherwise use any part of our Content including by copying, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people, unless we give you clear written permission.  You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.

 

    • Just to be clear - you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.

 

Your personal information

IN SHORT: OUR PRIVACY POLICY APPLIES

 

    • You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

 

General

HERE ARE SOME FINAL GENERAL POINTS THAT APPLY

 

    • We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including acts of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the contract, strike, lockout or boycott or other industrial action including those involving our or our suppliers’ workforce, or epidemics/pandemics. You are entitled to terminate the contract on written notice if the relevant event lasts for a continuous period of at least three months.

 

    • Any notice required by this agreement to be given by any party in writing may be given by hand or sent (by special delivery within the UK or by international signed for post outside the UK) to another party at its registered office or such other address as that party may notify to the other party for this purpose from time to time or (unless stated otherwise) by email, subject to the email not having been returned. Notices sent by hand are deemed received on receipt of a signature at the time of delivery. Notices by special delivery are deemed received on the second English business day after posting and by international signed-for post on the fourth English business day after posting. Emails are deemed received when sent.

 

    • You may not assign or transfer any of your rights or obligations under this agreement without our prior consent in writing not to be unreasonably withheld or delayed except that you have the right without our consent to assign the benefit of this agreement in connection with the sale of all or substantially all of your assets.  We are entitled to subcontract any of our obligations under this agreement (subject to data protection law where applicable) but remain liable to you for performance of those obligations.

 

    • The failure of a party to exercise or enforce any right under this agreement shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter.

 

    • If any provision of this agreement is held to be unlawful, void or unenforceable in whole or in part, this agreement shall continue in force in relation to the unaffected provisions and the remainder of the provision in question, and the parties will renegotiate the offending provision in good faith to achieve the same objects.

 

    • Save insofar as expressly provided otherwise in this agreement, no third party may enforce any clause in this agreement under the Contracts (Rights of Third parties) Act 1999.

 

    • The relationship of the parties is that of independent contractors. Except as otherwise stated in this agreement, nothing in this agreement shall constitute the parties as partners, joint venturers or co-owners, or constitute any party as the agent, employee or representative of the other(s), or empower any party to act for, bind or otherwise create or assume any obligation on behalf of the other(s), and no party shall hold itself out as having authority to do the same.

 

    • This contract is subject to the law, and exclusive jurisdiction of the courts, of England and Wales.

 

Complaints

    • If you have any complaints, please contact us via the contact details shown below.

 

Information about us

    • Company name: Barcode Promotions Ltd
    • Trading name: “ThatBar”
    • Country of incorporation: England and Wales
    • Registered number: 10892542
    • Registered office and contact address: 33 Victoria Avenue, Borrowash, Derby, England, DE72 3HE
    • Contact email address: admin@that-bar.co.uk
    • Other contact information: See our website/contact page