1. Terms of App Use
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
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.
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.
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.
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.
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.
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.
17. Trade Names
Banba is our trading name and should not be used by any third party without our prior written consent.
19. Your Concerns
If you have any concerns about material which Appears on our Consumer App, please contact firstname.lastname@example.org.
Thank you for using our Consumer App.