Terms of Use | Freshee App

PLATFORM TERMS & CONDITIONS OF USE

Last updated June 26, 2022

1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and The Social Fresher Ltd, doing business as Freshee, a company registered in England and Wales (Company Number 11097657) ("Freshee", "we", "us" or "our"), concerning your access to and use of the Freshee website (https://www.fresheeapp.com) as well as the Freshee mobile applications (the Platform).

The Platform provides the following services: The Freshee App and integrated services, including our websites, include, but are not limited to, a customer review platform, digital loyalty programs, and a source of editorial, marketing and informative content providing users with information on physical venues in the hospitality industry, including but not limited to available offers, with the goal of helping users save money and explore their cities while supporting local venues. (Services).

You agree that by accessing the Platform and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Platform and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Platform from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Platform represents that you have accepted such changes.

1.4 We may update or change the Platform from time to time to reflect changes to our products, our users' needs and/or our business priorities.

1.5 Our Platform is directed to people residing in or visiting the United Kingdom and/or Kenya. The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 The Platform is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Platform or use the Services without parental permission.

1.7 Additional policies which also apply to your use of the Platform include:

• Our Privacy Notice https://www.fresheeapp.com/privacy-policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Platform, you consent to such processing and you warrant that all data provided by you is accurate.

2. Acceptable Use

2.1 You may not access or use the Platform for any purpose other than that for which we make the platform and our services available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

2.2 As a user of this Platform, you agree not to:

• Systematically retrieve data or other content from the Platform to a compile database or directory without written permission from us

• Make any unauthorized use of the Platform in any way, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences

• Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

• Make improper use of our support services, or submit false reports of abuse or misconduct

• Interfere with, disrupt, or create an undue burden on the Platform or the networks and services connected to the Platform

• Attempt to impersonate another user or person, or use the username of another user

• Use any information obtained from the Platform in order to harass, abuse, or harm another person

• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform

• Attempt to access any portions of the Platform that you are restricted from accessing

• Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Platform, or any material that acts as a passive or active information collection or transmission mechanism

• Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform

• Use the Platform in a manner inconsistent with any applicable laws or regulations

• Advertise products or services not intended by us

• Falsely imply a relationship with us or another company with whom you do not have a relationship

3. Information you provide to us

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Platform; and (f) if you are under the age of 13 years, you are not permitted to manage an account on the Platform or in any other way access the services, regardless of parental permission.

If you know or suspect that anyone other than you knows your user information and/or password you must promptly change your password in the Settings screen of the mobile application.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

3.3 As part of the functionality of the Platform, you may link your account with online accounts you may have with third-party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Platform; or (b) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.

3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Platform via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third-Party Account to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Platform.

You will have the ability to disable the connection between your account on the Platform and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Platform. To deactivate the connection between the Platform and your Third-Part Account, you will be required to delete your account on the Settings screen in the mobile application. This will delete any information stored on our servers that was obtained through such Third-Party Account. You can then simply create a new account with an email and password.

4. Our content

4.1 Unless otherwise indicated, the Platform and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws. All venue names, logos, offers, representations and other copyright properties associated with the venues listed on the Platform are owned by the respective business owners.

4.2 While we make our best efforts to ensure that the information regarding venues and their available offers is accurate and up to date with current public information, we provide this public information independently of included venues, unless the venues owners or authorised representatives manage the venue's public profile themselves through the companion Freshee Venues mobile application or website. We, therefore, cannot guarantee the information will be accurate on every occasion. Authorised representatives of the venues listed on the Platform are encouraged to contact us at venues@fresheeapp.com or visit https://www.fresheeapp.com/business to claim and manage their business listing to ensure the information on display is current at all times. This service is offered free of charge. Users are able to report any issues with displayed information through the mobile application or by email at hello@fresheeapp.com. The listed venues reserve the right to change any information on their listing or discontinue any offers displayed at any time, at their discretion and without prior notice.

4.3 We accept no responsibility for goods/services provided by venues listed within the Platform. If you agree to purchase goods and/or services from any venue listed on the Platform, you do so at your own risk. The business providing such goods/services, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the venue directly.

4.4 Except as expressly provided in these Terms and Conditions, no part of the Platform, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4.5 Provided that you are eligible to use the Platform, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

4.6 You shall not (a) try to gain unauthorised access to the Platform or any networks, servers or computer systems connected to the Platform; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Platform or Our Content, including the modification of the paper or digital copies you may have downloaded.

4.7 We shall (a) prepare the Platform and Our Content with reasonable skill and care; and (b) use industry-standard virus detection software to try to block the uploading of content to the Platform that contains viruses.

4.8 The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.

4.9 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Platform is accurate, complete or up to date.

5. Link to third-party content

5.1 The Platform may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

5.2 We accept no responsibility for adverts contained within the Platform. If you agree to purchase goods and/or services from any third party who advertises on the Platform, you do so at your own risk. The advertiser, and not us, 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.

6. Platform Management

6.1 We reserve the right at our sole discretion, to (1) monitor the Platform for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform and Services.

6.2 Although we make our best efforts to ensure the Platform remains safe to use, and provide the applications through reasonably secure mobile app stores, we do not guarantee that the Platform will be secure or free from bugs or viruses.

6.3 You are responsible for configuring your information technology, computer programs and platform to access the Platform and you should use your own virus protection software.

7. Modifications to and availability of the Platform

7.1 We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

7.2 We cannot guarantee the Platform and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or Services during any downtime or discontinuance of the Platform or Services. We are not obliged to maintain and support the Platform or Services or to supply any corrections, updates, or releases.

7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

8. Disclaimer/Limitation of Liability

The Platform and Services are provided on an as-is and as-available basis. You agree that your use of the Platform and/or Services will be at your sole risk. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Platform and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Platform’s content and are not liable for (1) any errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server, except as a direct result of negligence in performing our obligations to keep our platform safe and secure; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

You use the Service at your own discretion and risk and you will be solely responsible for any damage to the hardware or software to your mobile device, computer, network, or any other equipment that results from your use in the Service.

9. Term and Termination

9.1 These Terms and Conditions shall remain in full force and effect while you use the Platform or Services or are otherwise a user of the Platform, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in the Settings screen of the mobile app, or by contacting us at hello@fresheeapp.com.

9.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Platform/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Platform and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

9.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. Mobile Application

10.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.

10.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:

(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;

(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;

(e) You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and

(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.

11. General

11.1 Visiting the Platform, sending us emails or other communications through the Platform, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

11.2 These Terms and Conditions and any policies or operating rules posted by us on the Platform or in respect to the Services constitute the entire agreement and understanding between you and us.

11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

11.4 We may assign any or all of our rights and obligations to others at any time.

11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by your usage of this Service or any cause beyond our reasonable control.

11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Platform or Services.

11.8 For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law if you are located in the UK, and Kenyan law if you are located in Kenya. You are not permitted to use this Platform if you are not located in the UK or in Kenya. If you are located in Kenya, you and we both agree that the courts of Kenya will have exclusive jurisdiction of all proceedings. If you are located in the UK, you and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Platform please follow this link http://ec.europa.eu/odr

11.9 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

11.10 In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at hello@fresheeapp.com