1.             Terms of App Use

This document (together with the policies referred to in it) tells you the terms of use on which you may make use of our contactless ordering application (referred to throughout this document as our or the “Consumer App”).

2.             Information About Us

Our Consumer App is operated by Bartapp Limited (“We” or “Our”). We use the trading name “Banba”.

You” for the purposes of these terms is the individual who has registered to use our Consumer App.

 

We are registered in Ireland under company number 671542 and we have our office at 15 Carmen Lawn, Garryduff, Cork. T12 P8NK . Our VAT number is IE 3692905RH.

 

We provide a way for consumers to communicate their Orders (“Orders“) for food along with alcoholic and non-alcoholic beverages (“Products“) to bars and/or pubs (“Bars“) through our Consumer App. Our Consumer App is a contactless ordering application (our “Services“). The Bars will display its menus on our Consumer App and Orders can be selected through our Consumer App. 

 

3.             Right to Use our App

You are required to agree to these terms of use when you are downloading and registering for our Consumer App. If you do not agree to these terms of use you will be unable to use our Consumer App.

You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you to download a copy of our Consumer App onto your device. You may be charged by your service providers for internet access on your device. You accept responsibility in accordance with these terms of use for the use of our Consumer App or any service on or in relation to any device, whether or not it is owned by you.

We license use of our Consumer App to you on the basis of these terms of use and subject to any rules or policies applied by any appstore provider or operator from whose site you downloaded our Consumer App. We do not sell our Consumer App to you and we remain the owners of our Consumer App at all times.

Our Consumer App is available to handheld mobile devices running Apple iOS 13 and subsequent versions, and Android OS 4.4 (API Level 19) and subsequent versions.

We do not accept any responsibility whatsoever for unavailability of our Consumer App, or any difficulty or inability to download or access content or any other communication system failure which may result in our Consumer App being unavailable. We will not be responsible for any support or maintenance for our Consumer App.

In order to use our Consumer App, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications. The version of our Consumer App software may be upgraded from time to time to add support for new functions and services.

From time to time updates to our Consumer App may be issued through the relevant appstore. Depending on the update, you may not be able to use our Consumer App until you have downloaded the latest version of our Consumer App and accepted any new terms.

 

4.             Accessing Our Consumer App

You must be at least 18 years of age to access and use our Consumer App. Access to our Consumer App is free.

Access to our Consumer App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide via our Consumer App without notice (see below). We will not be liable if for any reason our Consumer App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Consumer App, or our entire Consumer App, to users who have registered with us. 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our Consumer App. You are also responsible for ensuring that all persons who access our Consumer App through your device are aware of these terms, and that they comply with them.

5.             Registering for an account

When registering for an account on our Consumer App, you can register using your name, email address, date of birth and gender.  You will be asked to create a profile with your login details and you will be asked to create a password for this profile.  More details on what information we process for this profile can be found on our Privacy Notice.       

Users may only create one profile. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use.

6.             How to make an Order and how it is processed

Please see the “How To” section of our Consumer App through the following link.

 

7.             Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Consumer App, and in the material published on it. Those works are protected by, amongst other things, copyright and trade mark laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Consumer App for your personal reference and you may draw the attention of others to material posted on our Consumer App.  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Consumer App must always be acknowledged.

You must not use any part of the materials on our Consumer App for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part a of our Consumer App in breach of these terms of use, your right to use our Consumer App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8.              Reliance on Information Posted

Commentary and other materials posted on our Consumer App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Consumer App, or by anyone who may be informed of any of its contents.

9.             Our Consumer App Changes Regularly

We aim to update our Consumer App regularly, and may change the content at any time. If the need arises, we may suspend access to our Consumer App, or cease to make it available indefinitely. Any of the material on our Consumer App may be out of date at any given time, and we are under no obligation to update such material.

10.           Our Liability

The material displayed on our Consumer App is provided without any guarantees, conditions or warranties as to its accuracy.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • Any liability for any indirect or consequential loss or damage incurred by any user in connection with our Consumer App or in connection with the use, inability to use, or results of the use of our Consumer App, any websites linked to it and any materials posted on it.

Subject to the foregoing exclusions of liability, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise in connection with these terms of use shall not exceed ten euros (€10.00).

Nothing in these terms of use exclude or limit any liability which cannot be excluded or limited under applicable law.

If at any time any part of these terms of use are held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these terms of service and the validity and/or enforceability of the remaining provisions of these terms of service shall not in any way be affected or impaired as a result of that omission.

11.          Information about You and Your Visits to Our Consumer App

We process information about you in accordance with our Privacy Notice. Please see the Privacy Notice on www.banba-app.com. When registering for the Consumer App you are required to acknowledge that you have reviewed the Privacy Notice. You warrant that all data provided by you is accurate.

12.          Payment  

We do not process payments. All payments arising from your use of the Consumer App will be processed via a third party payment processer (which you will be directed to from the Consumer App). All payments are due and owing to the Bar.

 

You may be required to agree to terms and conditions and the privacy notice of the third party payment processer. You acknowledge and agree that in order to avail of the services on our Consumer App, you may be required to enter into an agreement with a third party payment processer and that we are not a party to those separate agreements and that we are not an affiliate of any third party payment processer. All payments processed by the third party payment processer shall be the responsibility of such third party payment processer.

 

 

 

13.          Viruses, Hacking and Other Offences

You must not misuse our Consumer App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Consumer App, the server on which our Consumer App is stored or any server, computer or database connected to our Consumer App. You must not attack our Consumer App via a denial-of-service attack or a distributed denial-of service attack.

We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Consumer App will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, computer programs, data or other proprietary material due to your use of our Consumer App or to your downloading of any material posted on it, or on any website linked to it.

14.          Termination

We reserve the right, in our absolute discretion, to terminate your access to all or part of our Consumer App without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on our Consumer App.

15.          Links from Our Consumer App

Where our Consumer App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

16.          Jurisdiction and Applicable Law

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Consumer App although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Irish Courts. 

17.          Trade Names

Banba is our trading name and should not be used by any third party without our prior written consent. 

 

18.          Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Consumer App.  If you do not agree to any changes we have made to the Consumer App, you must stop using our Consumer App immediately.

19.           Your Concerns

If you have any concerns about material which Appears on our Consumer App, please contact info@banba-app.com.

Thank you for using our Consumer App.