Bon

Terms and conditions

The app BON (“BON“, the “App“ or the “Service“) and/or BON Merchant (“BON Merchant“, the “App“ or the “Service“) is a mobile application licensed to you (“End-User“, “you“ or “your“) by Bon B.V. (“Bon“, the “Licensor“, “we”, “us” or “our”), at the Chamber of Commerce registered under number 84589604, located at the Lepelstraat 3-3, Amsterdam, Noord Holland, 1018XK, Netherlands, for the explicit use under the terms of this License Agreement (“License Agreement“, “End-User License Agreement (EULA)“ or “Terms of Use“).

By downloading the App from the Apple App Store either/or from Google Play (“App Stores“), and any update thereto (as permitted by this License Agreement), you indicate that you agree to be bound by all of the terms and conditions of this License Agreement, and you indicate that you have read and understand this License Agreement and that you accept this License Agreement.

This License Agreement may not provide for usage rules for the App that are in conflict with the latest Apple Media Services Terms and Conditions or the Google Play Terms of Service, respectively. Licensor acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

Any right that was not expressly granted to you in the agreement is reserved;

1. About Bon

BON and BON Merchant are mobile applications created to ease your shopping across multiple shopping and hospitality platforms. The App will generate overviews of your historic purchases. In addition, the applications my suggest new products or businesses. This includes but is not limited to features such as Abandoned Carts, Whish-Lists, Reviews, Stock and Sales notifications. Offers made in the application can be tailored to you.

By signing up and/or adding multiple email addresses, we will search for historic orders that are associated with these addresses. Once found we may present you with concise overviews of your past and present purchases across different platforms, all in a single overview / interface.

Based on the collected information, we may provide you with personalized content, offers and / or recommendations related to shopping and hospitality.

BON and/or BON Merchant is specifically designed for, but not limited to Apple iOS and Google Android mobile devices.

2. Scope of license

You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the licensed App on any Apple- or Google Android-branded Products that you own or control and as permitted by the Usage Rules set forth in this section, the Apple Media Services Terms and Conditions and the Google Play Terms of Service, whichever applicable, with the exception that such licensed App may be accessed and used by other accounts associated with you (End-User, The Purchaser) via Family Sharing or volume purchasing.

This license will also govern any updates of the App provided by Licensor that replace, repair, and/or supplement the any version of the App, unless a separate license is provided for such update in which case the terms of that new license will govern.

You may not share or make the App available to third parties (unless to the degree allowed by the Apple Media Services Terms and Conditions and the Google Play Terms of Service, whichever applicable, and with Licensor’s prior written consent), sell, rent, lend, lease or otherwise redistribute the App.

You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with the Licensor’s prior written consent).

You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

Licensor reserves the right to modify the terms and conditions of licensing.

Nothing in this license should be interpreted to restrict third-party terms.

3. Technical requirements

Licensor recommends that you use the latest version of your applicable operating system. Our goal is to provide stable software where applicable for the latest two major releases of, but not limited to Apple’s and Android’s operating systems.

Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

You acknowledge that it is your responsibility to confirm and determine that the device on which you intend to use the App satisfies the technical specifications mentioned above.

Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. Maintenance and support

Licensor is solely responsible for providing relevant maintenance and support services for this App. In any case of feedback; you will be able to reach us through the App and/or through [email protected], for this licensed App.

Licensor and the End-User acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the licensed App.

5. Use of data and privacy

Please see our Privacy Policy for further details concerning our processing of your personal information.

You acknowledge that Licensor will be able to access and adjust your downloaded licensed App content and your personal information, and that Licensor’s use of such material and information is subject to your legal agreements with Licensor and Licensor’s Privacy Policy.

6. User-generated contributions

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of either the BON and / or the BON Merchant App and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the App’s Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the App, and other users of the App to use your Contributions in any manner contemplated by the App and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the App and these Terms of Use.
  4. Your Contributions are not untrue, inaccurate, or misleading
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, insult, discriminate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the App in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the App.

7. Contribution license

By posting your Contributions to any part of the either the BON or the BON merchant Apps [or making Contributions accessible to the BON or the BON merchant Apps by linking your account from the BON or the BON merchant Apps to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license is only for the purpose of making our Service available to you.

You can end this license any time by deleting your Contributions or account. For technical reasons, Contributions you delete may persist for a limited period of time in backup copies. In addition, Contributions you delete may continue to appear unless explicitly asked to be removed.

These licenses will apply to any form, media, or technology now known or hereafter developed, and include our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We are not liable for any statements or representations in your Contributions provided by you in any area in the App. You are solely responsible for your Contributions to the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion:

  1. to edit, redact, or otherwise change any Contributions; and
  2. to re-categorize any Contributions to place them in more appropriate locations in the App; and
  3. to pre-screen or delete any Contributions at any time and for any reason, without notice.

We have no obligation to monitor your Contributions.

8. Third party services

Some features used in the App may include services provided by a third party. When you use features which are relying on third party services you authorize Licensor to use those services on your behalf. You can find more information on the use of third party services and their processing of personal information in our Privacy Policy.

The App is available through but not limited to App Stores. You may require the prior registration with the relevant App Store. Licensor has no influence on the collection, processing and use of personal data by the respective App Store operators.

9. Liability

  1. In no event shall Licensor and its affiliates, and the directors, officers, employees, agents, partners and suppliers of Licensor or its affiliates, be liable for any special, indirect, incidental, exemplary, punitive or consequential damages or lost profits arising out of or in connection with the Service or these Terms of Use, whether in contract, tort (whether in negligence or strict liability) or other legal or equitable theory.
  2. The liability of the above-mentioned parties, to you or any third parties in any circumstance is limited to the actual amount of direct damages.
  3. To the maximum extent permitted by applicable law, Licensor and its affiliates, and the directors, officers, employees, agents, partners and suppliers of Licensor or its affiliates, are not liable, and you agree not to hold these parties responsible for, any damages or losses resulting directly or indirectly from:
    • Your use of or your inability to use the Service;
    • Losses of data (including, but not limited to, Contributions) of any kind in the Service;
    • Security breaches of any kind in the Service;
    • Delays or disruptions in the Service;
    • Viruses or other malicious software obtained by accessing the Service;
    • Glitches, bugs, errors, or inaccuracies of any kind in the Service;
    • The content, actions, or inactions of third parties, including any third party website or application linked to the Service;
    • Claims of breach of warranty or guarantee;
    • Goods and services you purchased from merchants, or the return of such goods and services; or
    • Changes to these Terms of Use.
  4. These limitations and exclusions apply even if your remedies do not fully compensate you for any losses or if Licensor or its affiliates, knew or should have known about the possibility of damages.
  5. Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, you are required to make use of backup functions of the App (such as enabling the forwarding of emails to your email address) to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the App, you will not have access to the licensed App.
  6. The App includes hyperlinks to and integrations of websites, services and applications of third parties. Licensor does not accept any liability with respect to (the content of) websites, services and/or applications of third parties.
  7. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of Licensor and its affiliates, and the directors, officers, employees, agents, partners and suppliers of Licensor or its affiliates, will be limited to the fullest extent permitted by applicable law.

10.Warranty

  1. The Service is provided on an “As-Is“ and “As-Available“ basis. You understand and agree that the use of the App is at your sole risk.
  2. Licensor and its affiliates make no representations, warranties or guarantees, whether express, implied or statutory, with respect to your use of the Service.
  3. To the maximum extent permitted by applicable law, Licensor and its affiliates disclaim any and all statutory warranties, including, without limitation, any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and freedom from computer viruses or other harmful code.
  4. Licensor and its affiliates do not guarantee the continuous, uninterrupted, error-free or secure use of any part of the Service. Use of the Service may be interrupted due to events outside Licensor’s reasonable control.
  5. Licensor and its affiliates do not approve or control any third party website or application and Licensor and its affiliates are not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you.
  6. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store operator, and, if applicable, your App purchase price will be refunded to you.
  7. To the maximum extent permitted by applicable law, the App Store operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

11. Product claims

Licensor and the End-User acknowledge that Licensor, and neither Apple nor Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed App or the End-User’s possession and/or use of that licensed App, including, but not limited to:

  • product liability claims;
  • any claim that the licensed App fails to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer protection, privacy, or similar legislation, including in connection with your licensed App’s use of the HealthKit and HomeKit.

12. Legal compliance

You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Termination

The license is valid until terminated by Licensor or by you. Your rights under this license will terminate automatically and without notice from Licensor if you fail to adhere to any term(s) of this license. Upon license termination, you shall stop all use of the App, and destroy all copies, full or partial, of the App.

14. Third party terms of agreements and beneficiary

Licensor represents and warrants that Licensor will comply with applicable third-party terms of agreement when using licensed App. In accordance with Section 10 of the Instructions for Minimum Terms of Developer’s End-User License Agreement, Apple and Apple’s subsidiaries shall be third-party beneficiaries of this License Agreement and – upon your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third-party beneficiary thereof.

15. Intellectual property rights

Licensor and the End-User acknowledge that, in the event of any third-party claim that the licensed App or the End-User’s possession and use of that licensed App infringes on the third party’s intellectual property rights, Licensor, and neither Apple nor Google, will be solely responsible for the investigation, defence, settlement and discharge or any such intellectual property infringement claims.

16. Applicable law

This license agreement is governed by the laws of the Netherlands excluding its conflicts of law rules.

17. Miscellaneous

If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

18. Changes to these Terms of Use

We may modify or update our Terms of Use from time to time. We will notify you via the App of any changes and post the new Terms of Use on https://storee.app/terms-app (also accessible from the App under Settings – Legal – Terms of use). You are advised to review the Terms of Use periodically for any changes.

Changes to these Terms of Use are effective when they are posted on https://www.getbonhq.com/terms-and-conditions

19. How to contact us

For general inquiries, complaints, questions or claims concerning the licensed App, we are happy to assist you:
by e-mail [email protected]