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 “Staff App”).

 

Information About Us

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

You” for the purposes of these terms of use is the company or sole trader who signs up to use our Staff App through our Bar / Café / Restaurant on-boarding process.   

We are registered in Ireland under company number 671542 and we have our office at 15 Carmen Lawn, Garryduff, Cork, T12P8NK. 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 your bars/pubs, cafes, and/or restaurants through our Staff App.  Our Staff App is a contactless ordering application (our Services“).  The consumers have agreed to use our Staff App to communicate Orders selected from the menu of your Bar, Café, or Restaurant, which will be displayed on our Staff App.  The legal contract for supply and purchase of Products is between you and the consumer.

 

 

Right to Use our Staff App

You are required to agree to these terms of use when you are downloading and registering for the Staff App. If you do not agree to these terms of use you will be unable to use the Staff 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 Staff 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 Staff App or any service on or in relation to any device, whether or not it is owned by you.

We license use of our Staff 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 Staff App. We do not sell our Staff App to you and we remain the owners of our Staff App at all times.

Our Staff App is available to handheld mobile devices running Apple iOS 13.0 onwards and Android OS 4.4 onwards.

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

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

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

Accessing Our Staff App

You must be at least 18 years of age to access and use our Staff App. Access to our Staff App is free but a per transaction charge applies (see clause 13 (Payment) below).

Access to our Staff App is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide via our Staff App without notice (see below). We will not be liable if for any reason our Staff App is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Staff App, or our entire Staff 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 Staff App. You are also responsible for ensuring that all persons who access our Staff App through your device are aware of these terms, and that they comply with them. 

Registering an account for your Venue

When registering your venue for an account on our App, you can register using the name of the venue, the venue’s business email address and the other business identity and contact information we require.  You will be asked to create a profile for the venue with login details and you will be asked to create a password for this profile. 

The venue will be only able to create one profile. The venue must not impersonate another establishment or entity or use a false name or a name that it is not authorised to use.

When registering for our App, or during the use of our App, you may provide information about your venue (for example menus and associated pricing information) which we may display on the App. It is understood by you that we will rely on that information and it is your responsibility to ensure that all such information is correct and accurate. If we display such information on our App so that it is viewable by consumers we do so without liability to you and we expressly disclaim any liability arising from such information. 

 

How to confirm and process an Order

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

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Staff 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 Staff App for your personal reference and you may draw the attention of others within your organisation to material posted on our Staff 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 Staff App must always be acknowledged.

You must not use any part of the materials on our Staff 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 of our Staff App in breach of these terms of use, your right to use our Staff App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on Information Posted

Commentary and other materials posted on our Staff 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 Staff App, or by anyone who may be informed of any of its contents.

Our App Changes Regularly

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

Our Liability

The material displayed on our Staff App (including but not limited to any information which you make available to us) 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;
  • Any liability for any indirect or consequential loss or damage incurred by any user in connection with our Staff App or in connection with the use, inability to use, or results of the use of our Staff App, any websites linked to it and any materials posted on it;
  • Any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill; and
    • wasted management or office time.

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 two hundred euros (€200.00).

Nothing in these terms of use excludes or limits 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.

Information about You and Your Visits to Our Staff App

We process information about you in accordance with our Privacy Notice. When registering for the Staff App you are required to acknowledge that you have reviewed the Privacy Notice. You warrant that all data provided by you is accurate.

Payment

We do not process or receive payments. All payments made by consumers that are due and owing to the Bar, Café, or Restaurant will be processed via to a third party payment provider. Consumers will be directed to this third party payment provider through our Staff App. We are not liable for any payments made to the Bar, Café, or Restaurant by consumers and processed by the third party payment provider, including but not limited to where any such any payments are stalled, delayed or declined.

The Bar, Café, or Restaurant will be required to register as a customer of our third party payment provider to use our Staff App. The Bar, Café, or Restaurant may be required to agree to terms and conditions and a privacy notice of the third party payment provider. You acknowledge and agree that we are not a party to those separate agreements, we will have no liability or obligations arising from such agreements and that we are not an affiliate of any third party payment provider.

Commercial Terms

You have acknowledged and agreed to our commercial terms as a part of the registration process to use our Staff App. These commercial terms are available here.

Viruses, Hacking and Other Offences

You must not misuse our Staff 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 Staff App, the server on which our Staff App is stored or any server, computer or database connected to our Staff App. You must not attack our Staff 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 Staff 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 computer equipment, computer programs, data or other proprietary material due to your use of our Staff App or to your downloading of any material posted on it, or on any website linked to it.

Termination

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

Links from Our App

Where our Staff 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.

Jurisdiction and Applicable Law

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Staff 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. 

Trade Names

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

 

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 Staff App.  If you do not agree to any changes we have made to the Staff App, you must stop using our Staff App immediately.

Your Concerns

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

Thank you for using our Staff App.