HOPNBR APP TERMS AND CONDITIONS
HOPNBR is a trading style of HOPNBR Inc. Our address is at 617 Yonge St., Suite 27, Toronto, ON, Canada, M4Y 1Z5.
Humanity created social media, but it has disconnected us from one another at a real/interpersonal level. Now through social media and the HOPNBR App, we have the ability to reconnect at a personal “real” level, where it counts. HOPNBR allows you to be “Socially Real” while at your favorite restaurant, coffee shop, bar and more. Feel free to visit us at www.HOPNBR.com – anywhere and everywhere.
Our lawyers tell us that we have to have Terms and Conditions to protect both you and us. That’s what this document is. Please read it carefully because these Terms and Conditions are binding on both you and HOPNBR.
1. What We Are and What We Do. We are a technology company. We are not in the coffee, bar or restaurant business. We don’t buy or sell food and drink. We do not offer food or drink for sale. We are not a payment processing company (we outsource that to a reputable group who knows how to do that). We use our technology as a platform that allows coffee shop, bar and restaurant operators (“Operators”) to interact with their patrons, learn their preferences and earn their loyalty, and deal directly with them through the App, all with safety and security. Our platform also allows patrons of the Operators to interact with each other using the HOPNBR App. That’s what we mean by “Socially Real” and reconnected.
2. Your use of our HOPNBR App is subject to these Terms and Conditions. If you don’t agree with them, please don’t use our HOPNBR App or our service. If you do keep using our HOPNBR App or our service, that means that you have read, understood and agreed with these Terms and Conditions. If you are under the age of 16, you may not use the HOPNBR App. If you are under any legal restrictions as to what you may buy using the HOPNBR App, then you may not use the App for any of the restricted purposes, even if the App lists the product as available for sale.
• You agree to access and use our HOPNBR App for personal, non-commercial and lawful purposes. If you are the patron of a particular Operator, you have the right to interact with that Operator using the HOPNBR App. No matter who you are, we have the right to restrict your access to the HOPNBR App at any time and for any reason or even to prevent you from using or accessing it.
• The HOPNBR App does not give you the right or ability to do anything that you could not do in the absence of the HOPNBR App. In other words, if an Operator is not legally permitted to sell you an item of food or drink that is listed in the App, then your use of the App does not entitle you to buy that item.
• You agree that your username/login identity and password are personal to you. You agree not to share them with anyone.
• If you use our HOPNBR App in any way contrary to these Terms and Conditions, we will ban you from further use, and will have the right to cancel any transaction in which you are involved and take any other actions that applicable law allows us to take (we really don’t want to do this).
5. Our Role.
We help Operators and people like you interact with one another in the provision and enjoyment of food and beverages. In other words, we provide a platform only – a market place of sorts – but we don’t deal in beverages or food of any kind. We also don’t process payments directly – we let a third party expert handle that. If you pay for a drink or food and the Operator doesn’t give you what you ordered, we can’t do much about it. We won’t give you a refund, but we will try to get the Operator to give you a credit.
6. Limits of Our Liability.
We are providing Operators and their patrons with a personal trading platform where they can safely interact, including ordering food and drink and paying for it. We believe that our technology and our system of doing business are safe and secure. However, we don’t check out everyone who uses our HOPNBR App and we can’t guarantee anyone’s honesty. SO IF YOU LOSE MONEY BECAUSE OF A TRANSACTION THROUGH OUR APP, OUR LIABILITY IS LIMITED TO A MAXIMUM OF ONE HUNDRED ($100) DOLLARS AND NO MORE. We will not be responsible for any losses that exceed that amount. If this limitation of our liability makes you nervous, please do not use our HOPNBR App.
7. General Rules
• We reserve the right to update and change these Terms and Conditions at any time. We encourage you to check these Terms and Conditions from time to time for any updates or changes that may impact you. Your continued use of our HOPNBR App following the posting of revised Terms and Conditions means that you accept and agree to the changes. Don’t say we didn’t tell you.
• You have to make sure that any registration information that you submit to HOPNBR is true, accurate, and complete, and you agree to keep it that way at all times. Please don’t try to fool us, because it could affect
o how well the App works for you
o whether or not you can pay Operators
o whether or not people trust you in the social environment the HOPNBR App creates
• You have to behave properly when you are in the establishments of our Operators. What your mother told you was right. If you behave inappropriately, you may get kicked out of the establishment, and it won’t be our fault.
• Speaking of behaving properly – some other people may use the App to spread incorrect or false information. We can’t moderate their communications or stop them from spreading false information. If they do that, you can’t hold us responsible.
• The use of the HOPNBR App will use some of your data plan and some of the processing power and storage of your mobile device. By using the HOPNBR App, you are confirming that is okay with you. • Neither these Terms and Conditions nor your use of our HOPNBR App creates an agency, partnership, joint venture, or employment relationship between you and HOPNBR.
• All purchases that you attempt to make through our App are dependent upon acceptance by the Operator. If the Operator declines to serve you for any reason, you can’t hold us responsible in any way.
• YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR APP AND OUR SERVICES ARE AT YOUR SOLE RISK.
• You have to provide us with certain information so that we can set up your account. That will definitely include credit card information so that you can pay for the food and drink that you order. If you don’t want to provide the information we need, the best functions of our HOPNBR App may not work for you.
• You agree that we can contact you by email, telephone, SMS or other electronic means both before and for a period of up to 120 days after you have bought food or drink using our App. Everybody knows that the Internet can sometimes be unreliable as a means of communication, and so you won’t blame us if there is an Internet problem that interferes with communication between you and us or between you and an Operator.
• We can’t guarantee that the HOPNBR App will work with all smartphone operating systems, but it will work with most.
• These terms and conditions shall be governed by the laws where you live.
• If any of these Terms and Conditions are found to be invalid or unenforceable, then the invalid or unenforceable bit will be cut out, and the rest of the Terms and Conditions will still apply.
• If you want to reach us, you can contact us as follows: firstname.lastname@example.org • If you want to talk with our Chief Privacy Officer, you can use our above street address or email us at info@HOPNBR.com
8. How We get Paid
We charge you 35 cents for each overall transaction and it’s added to your bill when you settle with the Operator for the food and drink you have purchased. For example, we will charge you 35 cents on top of your total bill for each visit, whether you order one item or ten items. You will simply make payment, including taxes and tip, using our App. It’s easy, convenient and fun.
9. Our Lawyers Made Us Say This. Take Two Aspirins Before Reading. Seriously.
Except as expressly provided otherwise in these Terms and Conditions, HOPNBR provides the HOPNBR App and the services enabled through the HOPNBR App, and any information published on the HOPNBR App, on an “as is,” “as available” and “with all faults” basis without warranty of any kind and, to the maximum extent permitted by applicable law, HOPNBR, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, providers, agents, co-branders and other business allies, including all Operators with which HOPNBR interacts, disclaim any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose, quality, title, non-infringement, accuracy of data or content, data or content security and adequacy for any particular use, functionality, value or productiveness, regarding the services, the content of the HOPNBR App, any food or drink, or any third party web sites (and their respective content) linked to the HOPNBR App. Nothing in these Terms and Conditions will imply that any communications provided to or through the HOPNBR App or third party web sites (through links provided through the HOPNBR App), will be accurate or secure, that the operation of the HOPNBR App will be uninterrupted or error-free, or that errors will be correct at a certain time or at all. You hereby assume the entire risk associated with the use of the HOPNBR App and your account with HOPNBR, results obtained, and performance. HOPNBR does not endorse, warrant, guarantee or assume responsibility for any product or service advertised or promoted through the HOPNBR App.
HOPNBR reserves the right, at any time, in its sole and absolute discretion and with or without notice, to rescind, postpone or cancel a transactions, whether between you and HOPNBR or between you and an Operator or all Operators, at any time, even if you have received the food or drink that you have ordered. Without limiting the foregoing, HOPNBR also has the right to withdraw, void or cancel any specials or discounts offered by Operators that have been listed at incorrect or erroneous prices or that are affected by any other error or omission as determined by HOPNBR in its sole and absolute discretion. This includes but is not limited to, incorrect sale prices and incorrect descriptions of food and drink.