Beengo Terms of Use



Last Revised: May 7, 2013

We, Beengo .Me Ltd. ("Beengo", "we", "our", or the "Company") welcome you ("User", "You") to our mobile charging cards application (the "App") and our website at: http://www.beengo.me/ (the "Site"). Users may use the App and Site in accordance with the terms and conditions hereunder.

1.      Acceptance of the Terms

By installing the App, entering to, connecting to, accessing, or using the App and/or Site, You acknowledge that You have read and understood the following terms of use including the terms of the Privacy Policy available at [Privacy Policy] (the "Privacy Policy") (collectively, the "Terms") and You agree to be bound by them and to comply with all applicable laws and regulations regarding Your use of the App and/or Site and You acknowledge that these terms constitute a binding and enforceable legal contract between Beengo and You. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL THE APP, ENTER TO, CONNECT TO, ACCESS, OR USE THE APP AND/OR SITE IN ANY MANNER AND PROMPTLY ERASE THE APP AND ANY PART THEREOF, FROM YOUR MOBILE PHONE AND DO NOT USE IT IN ANY MANNER WHATSOEVER.

2.      The App

The App provides You with virtual "cards" or "charging cards" ("Beengo Cards") usable in various restaurants, cafés and other food and beverage establishments ("Food Establishment"). By using the App you can enjoy a variety of discounts and special offerings, without having to burden your wallet with printed out coupons.

Certain Beengo Cards must be purchased via credit card or other form of online payment (PayPal, Zooz, etc.). Upon completing such purchase, a confirmation will be sent to User's email address.

In addition, the Food Establishments which we cooperate with may offer you via the App special offerings and gifts tailored just for You (for example, free coffee on Your birthday, or special offerings currently available in the Food Establishments You like most). Such personalized offerings are optional, and are available to You if you choose to share certain personal information with us. Additional information on this matter is available in our Privacy Policy.

Please note that the App also allows you to submit anonymously feedbacks regarding the goods and service quality offered in a Food Establishment. Such feedbacks will be forwarded by us to the applicable Food Establishment.

PLEASE NOTE: BEENGO HOPES TO ENHANCE YOUR CUSTOMER EXPERIENCE WITH A VARIETY OF FOOD ESTABLISHMENTS AND SAVE YOU MONEY WHEN YOU PURCHASE IN SUCH FOOD ESTABLISHMENTS; HOWEVER, BEENGO DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME RESPONSIBILITY FOR ANY OF SUCH FOOD ESTABLISHMENTS AND FOR ANY TORTS OR DAMAGES INCURRED TO USERS AS A RESULT OF, OR IN CONNECTION WITH, FOOD AND BEVERAGES PURCHASED WITH BEENGO CARDS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE APP AND BEENGO CARDS AT YOUR OWN RISK AND EXPENSE, AND THAT BEENGO IS NOT IN NO WAY RESPONSIBLE FOR THE PRODUCTS/SERVICES OFFERED OR SOLD TO YOU IN FOOD ESTABLISHMENTS.

3.      App Activation

Use the App and Site is entirely free of charge. You do not have to register in order to use the App, visit the Site or purchase and/or use Beengo Cards. However, upon downloading the App you will be asked to provide a phone number before you may activate the App. We will then send You an SMS (to the phone number you provided us with) with a login number which You will be required to enter in the first time You activate the App.

Users may visit the Site and use the App anonymously. However, if a User wishes to receive special offerings and gifts tailored just for him (for example, free coffee on Your birthday, or special offerings currently available in the Food Establishments You like most), then such User shall share with us certain personal information (such as, date of birth, etc.). In addition, if a User wishes to purchase certain Beengo Cards (namely, charging cards) through online payment methods then he should provide Beengo with certain Personal Information.

Additional information on the abovementioned matters is available in our Privacy Policy.

4.      Use Restrictions

There are certain conducts which are strictly prohibited when using the App and/or Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at Beengo's sole discretion) in the termination of Your access to the App and/or Site and may also expose You to civil and/or criminal liability.

You may not, whether by Yourself or anyone on Your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble, in any way, any portion of the content made accessible by Beengo on or through the App and/or the Site, including any information, videos, text, graphics, software programs used by Beengo in connection with the Site and/or the App, material, data obtained from or through this Site, as well as any information relating to the Food Establishments (collectively, the "Content"), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Beengo's prior written consent; (iii) create a browser or border environment around Beengo Content (no frames or inline linking); (iv) interfere with or violate any other Site or user's right to privacy or other rights, or harvest or collect personally identifiable information about users of the App and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the App and/or Site, or the servers or networks that host the App and/or Site or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the App and/or Content of this Site; (ix) frame or mirror any part of this Site without Beengo's prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from this Site; (xi) forward any data generated from the App and/or Site without the prior written consent of Beengo; or (xii) use the App and/or Site for any illegal, immoral or unauthorized purpose; (xiii) use the App and/or Site and/or Content for non-personal or commercial purposes without Beengo's express prior written consent; (xiv) remove, or disassociate, from the Content any copyright, trademark or other proprietary notices contained in such materials (such as ©, ™, or ®); or (xv) infringe or violate any of the Terms.

5.      Minors

To enjoy the App, You must be over the age of thirteen (13). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the App. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using our Apps, we will prohibit and block such User from accessing the App and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy at [Privacy Policy]) with regard to such User.

 

6.      Privacy Policy

Beengo respects Your privacy and is committed to protect the information You share with it. Beengo believes that You have a right to know our practices regarding the information Beengo collects when You connect to, access or use the App and/or Site. Our policy and practices and the type of information collected are described in our Privacy Policy available at [Privacy Policy]. If You intend to connect to, access or use the Site and/or App, You must first read and agree to the Privacy Policy.

7.      License and Intellectual Property Rights

Beengo hereby grants to You, and You accept, a personal, nonexclusive, non-commercial, non-sublicensable and fully revocable limited license to use the App on your mobile phone solely for the limited purpose of using the App for your internal use according with the terms contained in this Agreement.

The App, the Site, the Content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned and/or licensed to Beengo and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions.

You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Beengo's proprietary rights, including Beengo's Intellectual Property, either by Yourself or by anyone on Your behalf, in any way or by any means, unless expressly permitted in the Terms.

Beengo has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this Agreement.

8.      Trademarks and Trade names

"Beengo", Beengo™, Company's marks and logos and all other proprietary identifiers used by the Company in connection with Beengo ("Company Trademarks") are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners, including, without limitation, any OF the suppliers of the Online Learning Products' trademarks and trade names ("Third Party Marks"). No right, license, or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to the Company Trademarks or the Third Party Marks and therefore You will avoid using any of those marks, except as permitted under these Terms.

9.      Links to Third Party Websites

Certain links provided herein permit You to leave this Site and enter non- Beengo World Wide Web sites or resources including, without limitation, the suppliers of the Online Learning Products. Those linked sites are provided solely as a convenience to You. These linked sites are not under the control of Beengo and it is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content advertising, products or other information on or available from such linked sites or any link contained in a linked site. Beengo reserves the right to terminate any link at any time. You further acknowledge and agree that Beengo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource. Most of such linked sites provide legal documents, including terms of use and privacy policy, governing the use of such sites. It is always advisable to read such documents carefully before using those sites.

10.  Availability

The App and/or Site's availability and functionality depend on various factors, such as communication networks. Beengo does not warrant or guarantee that the App and/or Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

11.  Changes to The App and/or Site

Beengo reserves the right to modify, correct, amend, enhance , improve, make any other changes to, or discontinue, temporarily or permanently, the App and/or Site (or any part thereof) without notice, at any time. In addition, You hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to You. You agree that Beengo shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the App, the Site and/or the Content included in this Site.

12.  Disclaimer and Warranties

BEENGO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR SITE AND/OR CONTENT AVAILABLE ON THE SITE (INCLUDING BUT NOT LIMITED TO THAT THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS).

THE CONTENT AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. BEENGO DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE DESCRIPTION OF THE FOOD ESTABLISHMENTS DISPLAYED ON THIS SITE AND TO THE PRODUCTS AND SERVICES OFFERED BY THE DIFFERENT FOOD ESTABLISHMENTS (INCLUDING, WITHOUT LIMITATION, THE PRICING, THE TASTE, THE SERVICE OFFERED BY THE FOOD ESTABLISHEMENT ETC.). BEENGO DOES NOT ENDORSE OR RECOMMAND ANY OF THE FOOD ESTABLISHMENTS THAT OFFER BEENGO CARDS THROUGH THE APP. BEENGO MAKES NO REPRESENTATIONS THAT THE INCLUSION OR OFFERING OF ANY BEENGO CARDS OFFERED THROUGH THE APP CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF THE RELEVANT FOOD ESTABLISHMENTS.

THE APP, THE SITE, THE BEENGO CARDS, AND/OR THE CONTENT ARE ALL PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, RELIABILITY AND/OR QUALITY OF APP, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

BEENGO DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE APP, THE SITE, THE BEENGO CARDS AND/OR THE CONTENT AND THE USE OF THE SITE AND/OR THE APP. THE USE OF THE APP, THE SITE, THE BEENGO CARDS AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK AND BEENGO SHALL HAVE NO LIABILITY RELATING TO SUCH USE.

BEENGO DOES NOT WARRANT THAT THE OPERATION OF THE APP AND/OR SITE ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP, THE SITE, THE BEENGO CARDS AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK.

13.  Limitation of Liability

IN NO EVENT SHALL BEENGO, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE APP, THE SITE, THE BEENGO CARDS, AND/OR THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING FROM FOOD OR DRINK PURCHASED AT A FOOD ESTABLISHMENT USING BEENGO CARDS, POOR SERVICE OFFERED AT A FOOD ESTABLISHMENT WHICH OFFERS BEENGO CARDS, ETC.), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE APP, THE CONTENT, THE BEENGO CARDS AND/OR SITE, OR THE USE OR INABILITY TO USE THE APP AND/OR SITE, OR FAILURE OF THE APP AND/OR SITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF BEENGO TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF BEENGO BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER BEENGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.  Indemnification

You agree to defend, indemnify and hold harmless Beengo from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the App, the Content, the Beengo Cards and/or Site; (ii) Your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party which relates to Your use of the App and/or Site (including Your violation of any third party rights); and (iv) any claims for damages arising out of any decision made or action taken or not taken in reliance on the Content contained on the Site.

15.  Payment

Beengo accepts payment through certain online payment method (namely, ZOOZ) which enables you to send payments securely online using a credit card or bank account. Please see the ZOOZ website (www.zooz.com) for more information. Please note that you shall be subject to the applicable ZOOZ Terms of Use (See https://app.zooz.com/portal/Terms_And_Conditions.pdf). Beengo is not affiliated with ZOOZ, as each is an independent contractor, and neither is the agent or employee of the other, and neither is responsible in any way for the actions or performance (or lack thereof) of the other. Use of ZOOZ's service is on your sole discretion and sole liability.

16.  Amendments to the Terms

Beengo may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or we will send You an e-mail regarding such changes to the e-mail address that You provided us. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent by email. Otherwise, all other changes to these Terms are effective as of the stated "Last Revised" date and your continued use of the Site and/or App after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

17.  Termination of Your Account and Termination of Site's operation

At any time, Beengo may block Your access to the App, the Site and/or temporarily or permanently limit, suspend or terminate Your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to Beengo under any applicable law. Such actions by Beengo may be taken if Beengo deems that You have breached any of these Terms in any manner.

Additionally, Beengo may at any times, at its sole discretion, cease the operation of The App and/or Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Beengo does not assume any responsibility with respect to, or in connection with the termination of The App and/or Site operation and loss of any data. The provisions of the Intellectual Property Rights, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination, or expiration of the Terms.

18.  General

These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to Your use of this Site will be brought in, and You hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of Your rights or obligations under these Terms without Beengo's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between You and Beengo relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between You and Beengo. Notices to You may be made via email or regular mail. This Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19.  For information, questions or notification of errors, please contact:

If You have any questions (or comments) concerning the Terms, You are most welcomed to send Beengo an email at: team@beengo.me, and Beengo will make an effort to reply within a reasonable timeframe.