Terms & conditions incl. Privacy Policy
The effective date of these Terms of Use is December 1st 2019.
The Apple id of flask app at the official Apple App Store is 1444885182 and the Google Play store is “com.betheres.flask”.
The Flask app (“Flask App”, “App”) is a cocktail delivery App functioning as an online ordering platform, having partnered with specific businesses that have obtained an alcohol-license (off-premise) and are permitted to distribute alcoholic beverages & spirits outside their store using flask’s delivery network. flask is acting as an intermediate ordering processor connecting end-users with bars/restaurants who are in an agreement with flask in order to prepare alcoholic drinks suited for immediate on-demand delivery. flask may use third-party delivery networks to pick up orders and deliver them to end users.
The Flask App in the United Kingdom is operated by BETHERE APP LTD (hereafter the Company), a company incorporated under the laws of UK , having its registered offices at 178 Seven Sisters Road, N7 7PX, London, UK.
Please read these Terms of Use carefully before proceeding to use the bethere App. Should there be anything that you do not understand within them, please contact us at thirsty@flask.gr. As Terms of Use are referred collectively : the present document, as well as any documents referred to within it, including the Privacy Policy. These terms of use are the entire agreement between you and Flask App concerning the use of the App. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the App is revoked where these Terms of Use or Use of the App is prohibited and in such case you agree not to use or access the App in any way.
Acceptance of terms
By registering and/or using the Flask App in any way, including but not limited to visiting or browsing the App, you agree to all the terms and conditions contained herein. If you do not agree with these Terms of Use please do not browse or otherwise access or use the App.
Creating an account
To access the App you must register with us and create an account. FlasK App either employs Facebook authentication for the creation of an account or email user registration. Hence, kindly note, that Flask may use Facebook as basis, meaning that should you wish to create a Flask App account you can choose to use the same First and Last name, e-mail used for your Facebook account, also for the creation of the Flask App account.
Please be informed that you do not have to have the Facebook App also installed on your device in order to use the Flask App. Having an active Facebook account will suffice.
If you choose to sign up with the Flask App and create an account by providing the App with a User Name, your E-mail Address, and a password of your choosing.
You must be at least 18 years of age and capable in your country of residence of entering into a legal binding agreement to use the App. If you are registering on behalf of a legal entity you represent and warrant that you are authorized to bind the entity to these Terms of Use, register with us and use the App.
Flask App reserves the right, at its sole discretion, to refuse to offer the App to any person or legal entity and change its eligibility criteria at any time.
You shall not create an account for anyone other than yourself without permission of the other person.
You shall not create an account by using an E-Mail/User Name that is not your own.
You shall not use a User Name that is offensive, vulgar, obscene, unlawful or otherwise inappropriate.
You shall not use a User Name of another in order to impersonate said person.
You shall not in any case use another User’s account without the other User’s prior express permission.
Flask App reserves the right to refuse registration or cancel a User Name or account in its sole discretion at any time.
You are solely responsible and liable for the activity of your account. You are solely responsible and liable for maintaining the confidentiality of your login details.
You are to inform Flask App immediately of any unauthorized use or any security breach or danger of your account that you are aware of. You must do so in writing at thirsty@flask.gr.
Our Relationship
You understand and expressly agree that you do not enter into any kind of special relationship with Flask App company, including but not limited to fiduciary or confidential. Said fact does not change because of you submitting any User Material to the App. Any and all User Material you submit to the Flask App, except as otherwise stated in our privacy policy will be non-confidential and non-proprietary. Flask App will not be in any way liable or responsible for any disclosure or use of the Material.
Flask App company is not a party to any contractual arrangements between you and any third party, unless otherwise specified or agreed to by the Flask App company.
User Material
By submitting User Material to the App or otherwise through the App you hereby do and shall grant Flask App a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, modify, copy, reproduce, display, perform, distribute, create derivatives works of and otherwise fully exploit said User Material in connection with the App and the business of Flask App, Flask App successors and assignees. Said license includes but is not limited to the promotion and redistribution of part or all of the App or derivative work thereof or Flask App company in any media.
You represent and warrant that a) you own the Material that you submit to the App or have the right to grant the rights and licenses as described in these Terms of Use, b) the posting and use of your Material on the App does not in any way infringe on, violate or embezzle any right of any third party, including but not limited to intellectual property rights, copyright, trademarks, publicity rights, privacy, c) you agree to pay for any and all royalty fees and any kind of monies owed by reason of Material you submitted to the App and d) you have the legal capacity and rights to enter into these Terms of Use in your jurisdiction.
Flask App does not accept unsolicited Materials of any kind and does not take responsibility for any such Materials transmitted. It is our policy not to accept or consider Material of any kind, ideas, information and any suggestions in general with the exception of those that we have specifically requested under specific requirements and conditions. In case that despite our practice you choose to send us Material, ideas, suggestions and any kind of information, you agree that bethere is free, without any liability or payment of any kind to you, to use said Material for any purpose whatsoever, including but not limited to the production and marketing of products and services.
When you delete User Material you have submitted, it shall be removed from the App. You understand though that any deleted User Material may persist in back up files for a reasonable period of time.
You hereby agree that you understand that Flask App is not a back up service and you will not rely on bethere App for the purpose of storage and/or back up of your Material that you have chosen to submit to the App. We strongly advise you to keep your own back up of your Material. bethere App will not be in any way liable or responsible for the loss of any of your Material for any reason whatsoever, including but not limited to the discontinuation or destruction of the App or the malfunction of the server or a telecommunications failure.
Flask App Material
The App contains Material which is owned or licensed by Flask App. Flask App Material is protected by copyright, trade secret and other laws . Flask App owns and retains all rights in the Flask App Material. Flask name and logo are trademarks of Flask and they may not be used, copied or imitated without the prior written consent of Flask App company. All custom graphics, button icons and scripts are trade dress of Flask and they may not be use, copied or imitated without the prior written consent of Flask App. Modification, concealment or removal of any copyright, trademark or any other proprietary rights notice contained or accompanying Flask Material is strictly prohibited. Alteration, adaptation, performance, display, publication, distribution, reproduction, sale, license, transmission, broadcast, preparation of derivative works based on Flask Material without the prior written consent of Flask is prohibited.
Rules
You are solely responsible and liable for the activity of your account. Flask App reserves the right to suspend or block or refuse access of any User or potential User to the App. Flask App reserves the right to remove, edit, alter, suspend or block any material, User Material included, with any or no reason, in its sole discretion and at any time. Flask App is not obliged to monitor the App, including but not limited to the User Material. Flask App may but is not obliged to take down, delete, alter, block, investigate, monitor Material or an account containing Material which Flask in its sole discretion decides that are in violation of the present Terms of Use. When using the App you must abide by all applicable laws and regulations, national and international.
Including, but not limited to, you must not directly or indirectly:
· Engage in any illegal or unlawful conduct
· Knowingly introduce software viruses, Trojans, worms, or other material to the App that would harm, disable, disrupt, limit or in any way interfere with the proper function of the App or any User’s of the App equipment or any software, hardware or any relevant communications and technical equipment in general or to damage or gain unauthorized access to any system ,data, password, or other information of Flask App company, Flask App, Flask App User or any third party, person or legal entity
· Submit or contribute in any way User Material which is invasive of a third party’s privacy
· You must not use the App in order to stalk, harass, investigate or monitor a User
· Collect any data from the App
· Crawling, scraping, catching any material of the App via automated means is prohibited.
· Impersonate any third person or legal entity, including an employee or representative of Flask App company
· Change or alter the App in any way or change or alter in any way another App or website so as to falsely imply that said App or website is associated with the Flask App or company
· Reverse engineer, decipher, decompile, disassemble or attempt to derive any source code or algorithms or any part of the App, except to the limited extent that applicable laws may specifically prohibit such restriction
· Reproduce, republish, create derivative works of, sell, trade, alter, display or in any way exploit the App, except when expressly allowed by Flask App company
· Copy, rent, distribute, lease or otherwise transfer any rights that you receive herein
· Bypass any measures bethere App uses to prevent or restrict access to the App or use the App in any way if we have suspended or banned you from using it
· Act in any way that does or may inflict an unreasonable or excessively large load on the infrastructure of the Flask App and company.
· Impede in any way the proper function of the App
· Run any form of “spam” on the App
· Proceed to any commercial activities – including but not limited to sales ,advertising ,barter ,contests – without the prior written consent of Flask App
· Act in any way that violates the present terms, conditions and policies of Flask App
You hereby expressly agree that Flask App is not in any way liable or responsible for the conduct of any User.
Flask App payment services processing fees
Processing fees for Users of the Flask app using the Flask App payment services may apply
Payment Information
In order to use the Flask App payment services, place orders as well as enable the ordering or loyalty functionality of the Flask App you may either:
1. use your debit or credit card by inserting every time the necessary information in the integrated form of our third-party payment processor which are not be saved or visible to us and are transferred with the highest encryption standards to our third-party payment processor
You, the Flask App User are solely responsible for the validity, completeness, accuracy and suitability of the payment information you provide Flask App with.
To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third party service providers to process payments, manage information and detect and prevent fraud.
By providing payment information to Flask App you represent and warrant that you are legally authorized to provide such information to the Company ; you are legally authorized to perform and receive payments from the account and such action does not violate the terms and conditions applicable to your use of such account or applicable law.
You are to inform us immediately regarding any breach of your account or relevant danger.
Contact Information
In order to use the payment services you must provide Flask App with valid contact details either E-Mail address or mobile number or both and verify such contact details as instructed by Company. More specifically a verification message is to be sent to the contact details you will provide the Flask App with, through which you will be called to verify said contact information.
Transactional notifications on both ends of the transaction shall be sent. Users shall receive a confirmation E-Mail at the contact details they have provided the Flask App with.
Users are solely responsible for the validity, completeness, accuracy, suitability and legality of the contact details they provide the Flask App with.
Should Users be made aware of any safety breach of their Flask App they are to inform Flask App immediately accordingly.
If you change your contact details you must update your contact details immediately. When you provide your contact details you expressly consent to receive automated or non-automated E-Mails, direct dial calls, autodialed and prerecorded message calls, text messages.
Discounts & Offers
The Flask app can provide their Users/Customers with discounts and offers via Flask App
Loyalty system
The Flask app may create a loyalty program for their dedicated Users/Customers.
This way they can provide discounts and offers to their dedicated Users/Customers.
Users may also keep track of their loyalty program history and keep track of all their rewarded transactions.
Sole rule to keep in mind Flask App users’ loyalty level resets monthly!
At the history section of your Activity Page on Flask App, Flask App Users may revisit your payment transaction history regarding past completed payments.
Ordering for delivery
Flask App Users users may order for delivery.
Customers/Users will first place their order and then wait for approval which the Flask app will provide by showing the relevant message within the App and by sending them the relevant confirmation at the contact details that they would have provided to the App.
Customers will then pre-pay using the relevant payment services of the app.
Flask app will issue paper receipts or invoices for the Customer and hand them over to him/her upon delivery of his/her order or send it electronically to him/her to the Customer’s contact details provided to the App, should this be allowed by applicable law to issue electronically receipts or invoices. Our third-party payment processor may notify via E-mail the Customer with an E-mail receipt.
At the history section of your Activity Page on Flask App, Flask App Users may revisit your payment transaction history regarding past completed payments for delivery.
In any case Flask App will automatically notify the Customer for any status update, completion or cancellation of an order or payment that takes place always including the total amount of the payment transaction if available. Transactional notifications on both ends of the transaction shall be sent. Users shall receive a confirmation E-Mail at the contact details they have provided the app. Users are solely responsible for the validity, completeness, accuracy, suitability and legality of the contact details they provide the bethere App with. Should Users be made aware of any safety breach of their Flask App they are to inform Flask app immediately accordingly.
Cancellations
Kindly note that you, the User shall receive a confirmation E-Mail regarding his/her order when the Flask app accepts said order.
In case the User wishes to cancel an order which is already confirmed by the Flask app he/she must contact the Flask app regarding the cancellation via E-Mail at thirsty@flask.gr.
In case the User has already paid for an order he cannot cancel the order and therefore he cannot receive a refund.
Pricing Policy
The prices of any and all products and/or services provided by Flask app are listed on the menu screen. Prices include VAT. In case an extra fee applies this will be communicated in the menu screen.
Prices may change at any time, but changes will not affect orders for which you the User have already been provided with the relevant confirmation, except in case of an obvious pricing mistake, regarding which you will inform us immediately. You may be able to cancel your order once the mistake is confirmed.
If a minimum order value applies then said Venue/owner it will be communicated within the Flask app accordingly.
Prices are not to include tips or any other gratuity. It is in the Flask App User’s discretion to tip or not.
Payment
If you have decided to use Flask App payment services and once you have confirmed an order and the order amount is pre-paid by you, then the amount marked for payment will be automatically authorized to be deducted from the account you have provided Flask app with. Payment is made to us through our third-party payment processor. We don’t receive or withhold any amount from the payment transaction. The payment processing fees of Flask App payment services are to be retained by the third-party payment processor automatically from the aforementioned amount and the Flask app shall receive the remaining amount.
Sale of Alcohol
Individuals placing an order via Flask App must be aged over 18. For said reason the Flask app will proceed with age verification of the customers. and will not provide alcohol to persons that appear to be under 18 and cannot prove otherwise or to those who are or appear to be under the influence of either drugs or alcohol. flask app, as an online ordering platform, has partnered with specific businesses that have obtained an alcohol-license (off-premise) and are permitted to distribute alcoholic beverages & spirits outside their store using flask’s delivery network.
Advertisement
The App may be supported financially by revenue generated via advertising and therefore may contain and/ or display advertisements and/or promotions. You hereby expressly agree that Flask app may at its sole discretion place promotions and/or advertisements within the App, including but not limited to on, about or in conjunction with your User Material, without having any obligation of any kind towards you.
Should you wish to place an advertisement on the Flask App please contact us at thirsty@flask.gr
Hyperlinks
Flask App company may provide within the App hyperlinks to other locations, Apps or web sites on the Internet. Said hyperlinks lead to Apps, web sites etc. published or operated by third parties which are in no way affiliated with or related to Flask App company.
By providing hyperlinks to an external web site, App etc Flask App company shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the services/products they provide or to have any form of cooperation with said third parties or web sites, Apps etc, except if so expressly stated by Flask App company itself.
Flask is not responsible in any way for the content of any externally linked web site, web page, App. You use or follow these links at your own risk and Flask App company shall be in no way responsible for any losses or damages incurred or suffered by you arising out of or in connection to your use of the link.
Flask company is not a party to any contractual arrangements entered into between you and the third party except in case it is otherwise expressly specified or agreed to by Flask App.
Always keep in mind that when you click on a link and leave our App you will be subject to the terms of use and privacy policy of the web site, web page, App you shall visit.
You must always obtain the prior written approval of Flask App company in order to create a hyperlink of any kind or form from a third party web site, web page, App etc to the Flask App or any other App, web site, web page, web platform of bethere App company. It is in the sole discretion of Flask App company to provide you or not with such an approval.
Flask App Company is in no way responsible for the creation of any hyperlink from any third party web site to the Flask App or any other App, web site, web page, web platform of the Flask App company. Any hyperlinks so set up shall not constitute any form of co-operation with or endorsement by Flask App company of any such third party web site.
Any use or display of our logos, trade name and trademarks as a hyperlink may be subject to a fee as determined solely in the absolute discretion of the Flask App company.
Terminating our relationship
If you wish to end your use of the App, please contact us at thirsty@flask.gr and ask us to deactivate your account and erase your personal information. Simple deletion of the App from your device will not suffice to deactivate your account. Deactivation of your Facebook account will not suffice also to deactivate your Flask account and you must in said case also contact us at the aforementioned email address and request the deactivation of your Flask App account and deletion of your personal information.
If at any time you feel that you do not agree to the present Terms of Use or to any changes made to them or to the App, you must immediately stop using the App and request the deactivation of your account
Flask App reserves the right to terminate your access to the App at any time, with or without reason, with or without notice, effective immediately.
Upon termination, all licenses and other rights provided to you in these Terms of Use shall immediately cease. Any and all provisions of the present Terms of Use that by nature should survive termination, shall
Disclaimer of Warranties
THE APP, INCLUDING BUT NOT LIMITED TO FLASK MATERIAL,USER MATERIAL AND SECURITY CONCERNING THE TRANSMISSION OF INFORMATION TO THE FLASK COMPANY AND APP OR VIA THE APP,IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” , “WITH ALL FAULTS BASIS” AND TO THE FULLEST EXTENT ALLOWED BY LAW WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TRADE, CUSTOM, QUIET ENJOYMENT, FREEDOM FROM MALWARE AND SYSTEM INTEGRATION, EACH OF WHICH IS HEREBY DISCLAIMED BY FLASK COMPANY,ITS EMPLOYEES,MANAGERS,OFFICERS,REPRESENTATIVES OR AGENTS.
YOU ACKNOWLEDGE THAT YOU USE THE APP AT YOUR OWN SOLE RISK. THE FLASK TEAM (COMPANY,ITS EMPLOYEES,MANAGERS,OFFICERS,REPRESENTATIVES,DIRECTORS OR AGENTS) DOES NOT REPRESENT OR WARRANT OR ENDORSE IN ANY WAY THAT THE INFORMATION ON THE APP IS USEFUL, COMPLETE OR ACCURATE.THE FLASK TEAM DISCLAIMS SPECIFICALLY THE WARRANT THAT THE USE OF THE APP IS LAWFUL AT YOUR PARTICULAR JURISDICTION.BY ACCESSING OR USING THE APP YOU REPRESENT AND WARRANT THAT YOUR ACTIONS ARE LAWFUL IN EACH JURISDICTION FROM WHERE YOU ACCESS OR USE THE APP.PLEASE ALSO NOTE THAT CERTAIN JURISDICTIONS DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES AND IN THE CASE THAT THE LAW OF SUCH A JURISDICTION APPLIES TO YOU AND THE PRESENT TERMS, SUCH A DISCLAIMER MAY NOT APPLY TO YOU.
THE FLASK TEAM DOES NOT REPRESENT OR WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED OR WITHOUT DELAYS OR AVAILABLE AT ANY LOCATION OR THAT, DEFECTS WILL BE CORRECTED OR THAT THE APP OR THE SERVER IS FREE FROM ANY MALWARE OR THAT THE RESULTS OF USING THE APP SHALL MEET YOUR REQUIREMENTS AND EXPECTATIONS.
YOUR RELATIONSHIP BETWEEN YOURSELF AND ANY THIRD PARTY FOUND THROUGH THE APP IS SOLELY BETWEEN YOU AND SAID THIRD PARTY.YOUR DEALINGS,INCLUDING BUT NOT LIMITED TO BUSINESS DEALINGS, WITH A THIRD PARTY FOUND THROUGH THE APP IS AT YOUR OPTION AND SOLE RISK.
FLASK TEAM DOES NOT ENDORSE ANY MATERIAL AND DISCLAIMS SPECIFICALLY ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY PERSON OR LEGAL ENTITY FOR ANY DAMAGES, CLAIMS, ACTIONS, LIABILITIES, INJURIES, LOSSES OF ANY KIND OR NATURE WHATSOEVER OR ANY OTHER POSSIBLE REASON IN CONNECTION WITH,BASED UPON OR RESULTING FROM THE MATERIAL.
Limitation of Liability
TO THE MAXIMUM PERMISSIBLE BY LAW EXTENT ALL LIABILITY OF FLASK (COMPANY, EMPLOYEES, MANAGERS, REPRESENTATIVES, DIRECTORS, OFFICERS AND AGENTS) FOR ANY DAMAGES OR LOSSES INCURED TO YOU AS A RESULT OF YOUR ACCESS TO AND USE OF THE APP, FLASK MATERIAL,USER MATERIAL IS EXPRESSELY EXCLUDED.
SOLELY IN CASE A COURT OF COMPETENT JURISDICTION DECIDES THAT LIABILITY OF FLASK HAS ARISEN, THE TOTAL OF SAID LIABILITY SHALL BE LIMITED TO EURO ONE HUNDRED (€ 100,-) IN TOTAL.
UNDER NO CIRCUMSTANCE,EVEN IF FORESEEABLE OR EVEN IN THE CASE THAT FLASK HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, WHETHER IN CONTRACT OR TORT OR NEGLIGENCE -INCLUDING BUT NOT LIMITED TO WHEN CAUSED IN WHOLE OR IN PART BY NEGLIGENCE,FORCE MAJEURE,THEFT OF THE APP,DESTRUCTION OF THE SERVER/APP – WILL FLASK BE LIABLE WITH RESPECT TO : (1) THE APP (2) FLASK MATERIAL (3) USER MATERIAL (4) PERFORMANCE OF THE APP (5) YOUR USE OF OR INABILITY TO USE THE APP (6) ANY ERRORS OR OMISSIONS, INTERUPTION OR DELAY OF OPERATION, MALFUNCTION TECHNICAL OR OTHER OF THE APP (7) DAMAGE TO USER’S EQUIPMENT AND TECHNOLOGY INCLUDING BUT NOT LIMITED TO MALWARE OR SECURITY BREACH DUE TO THE USE OF THE APP (8) FLASK ACCOUNT SECURITY BREACH FOR :
ANY OF YOUR LOSSES OR DAMAGES: DIRECT OT INDIRECT, ECONOMIC, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL OR FOR
LOSS OF GOODWILL, LOSS OF REVENUE,LOSS OF PROFIT,LOSS OF ANTICIPATED SAVINGS,LOSS OF DATA, WORK STOPPAGE,WASTED EXPENDITURE,COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
NOTHING IN THE PRESENT TERMS OF USE EXCLUDES OR LIMITS YOUR LIABILITY IN RELATION TO ANY INDEMNITY PROVIDED BY YOU ACCORDING TO THESE TERMS OF USE.
PLEASE BE INFORMED THAT IN CERTAIN COUNTRIES LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED SO THE AFOREMENTIONED LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SAID CASE, FLASKS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
FLASK IS IN NO WAY OR EVENT RESPONSIBLE FOR THE MATERIAL PROVIDED BY, AS WELL AS THE ACTIONS OF THIRD PARTIES.YOU RELEASE US, OUR EMPLOYEES, DIRECTORS, MANAGERS, REPRESENTATIVES, OFFICERS AND AGENTS FROM ANY CLAIMS AND / OR DAMAGES THAT YOU INCUR DUE TO YOUR RELATIONSHIP WITH THIRD PARTIES.
FLASK IS NOT IN ANY WAY LIABLE OR RESPONSIBLE FOR THE ONLINE OR OFFLINE CONDUCT OF ANY USER, OF THE FLASK APP.
YOU ACKNOWLEDGE TO HAVE READ, UNDERSTAND AND HEREBY EXPRESSELY AGREE THAT IN CASE THAT YOU INCUR INJURIES, LOSSES OR DAMAGES OF ANY KIND DUE TO FLASKS’S ACTIONS OR OMISSIONS SAID DAMAGES AND LOSSES ARE NOT IRREPARABLE AND/OR SUFFICIENT TO ENTITLE YOU TO ANY INJUNCTION PREVENTING ANY KIND OF EXPLOITATION OF THE PRESENT OR ANY APP,WEB SITE,PRODUCT,SERVICE,PROPERTY OR MATERIAL OWNED OR CONTROLLED BY FLASK COMPANY AND THAT YOU SHALL HAVE NO RIGHTS TO INHIBIT OR LIMIT ANY DEVELOPMENT,PRODUCTION,DISTRIBUTION OR ANY KIND OF EXPLOITATION OF THE PRESENT OR ANY APP,WEB SITE,PRODUCT,SERVICE,PROPERTY OR MATERIAL OWNED OR CONTROLLED BY FLASK COMPANY OR ITS MANAGERS,OFFICERS,REPRESENTATIVES AND EMPLOYEES.
Waiver
In order for a waiver of compliance with these terms of use to be binding Flask App must provide you with a written notice of said waiver through one of its authorized representatives.
If you do not comply with the present Terms of Use and we fail to take immediate action, regardless of the length of time such failure continues, said failure shall not be deemed a waiver of our right to demand strict compliance in the future.
The failure of either party to exercise a right provided in the present terms of use does not imply and shall not be deemed a waiver of any further rights also provided herewith.
Severability
These terms of use constitute the entire agreement between you and Flask App concerning the use of the App, superseding any prior agreements between you and Flask App. Should any provision of the present terms of use be found by a court of competent jurisdiction invalid, illegal, void or unenforceable, said provision is to be limited or eliminated to the minimum extent necessary so that the terms of use shall remain in force and effect and enforceable. The invalidity, illegality, unenforceability of a provision will not affect any other provision of the Terms of Use.
Modification of Terms of Use
Flask App reserves the right in its sole discretion to update, alter or substitute any of these Terms of Use, at any time by providing you with reasonable advance notice prior to the modified Terms of Use becoming effective. You understand and agree that we may notify you for the modified Terms of Use by posting them on the App at least three (3) days before their effective date. We may, but are not obliged to, post an extra notice on the App and/or on the App’s web site (www.flaskcocktail.delivery) or send such notice via the App or via email prior to the change becoming effective. We also encourage you to periodically review this page for the latest information on our policies. Should you continue to use the App after the effective date of the modified Terms of Use it shall constitute acceptance from your part of the changes. These Terms of Use will govern any disputes to have arisen before the effective date of the Modified Terms of Use.
Modification of the App
Flask App reserves the right in its sole discretion to update, modify, suspend or discontinue the App, any feature of it or any material included, at any time, without prior notice. Should you continue to use the App after the changes becoming effective, it shall constitute acceptance from your part of said changes. Flask also reserves the right to restrict or block your access to the App or parts of it, without notice or liability.
Assignment
These terms of use are not assignable, transferable or sublicensable by you except in the case that Flask App has provided you with its prior written consent to do so. Flask App may assign any and all of its rights and obligations hereunder without your consent.
Indemnification
You agree to indemnify, hold harmless and at Flask App’s request defend Flask App, its representatives, directors, suppliers and affiliates, from and against any damages, losses, liabilities, actions, claims and expences, including but not limited to reasonable attorney’s fees and costs , arising out of or in connection with a) your Material or your access to or use of the App b) your breach or alleged breach of the present Terms of Use c) your violation of any laws, regulations, codes, orders of any governmental authority, statutes, rules d)your violation of any third party right e) any misrepresentation made by you. You agree to cooperate as fully required by Flask in the defense of any claim. You will not in any event settle any relevant claim without the prior written express consent of Flask App. Flask App reserves the right to undertake the exclusive defense and control of any matter otherwise subject to indemnification by you. Flask App reserves the right, but in not in any way obliged to monitor and/or intervene and/or get involved in disputes between you and other Users.
Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Greece. The same shall apply to any and all disputes or claims arising out of or relating to said Terms of Use. All disputes or claims arising out of or in connection with said Terms of Use will be subject to the exclusive jurisdiction of the Greek Courts and specifically the competent Courts of Athens to which both parties irrevocably agree and submit.
Time Limitation on Claims
You agree that any claim you may have arising from or in relation to the present Terms of Use and the Use of the Flask App in general must be filed within one (1) calendar year after such a claim arose, otherwise your claim is permanently barred.
Language
These Terms of Use where written in English. Flask App may but is not obliged to provide you with a translation of the English language version of these Terms of Use, privacy policy included. In such a case you agree that the translation is provided only for your convenience. The English language version governs your relationship with Flask App and in case and to the extent a translated version of these Terms of Use conflicts with the English language version, the English version controls.
Territorial Restriction
Flask App reserves the right to limit the availability of the App and / or any part of the App to any geographic area or jurisdiction or person or legal entities at any time and in its sole discretion without prior notice.
Any Material provided within the App, included but not limited to User Material, is not intended for use and/or distribution by any person or legal entity in any jurisdiction or country where such a distribution or use is against law or regulation or within where bethere is obliged to any registration requirement.
Privacy Policy
This privacy statement describes how Flask App collects and uses the personal information you provide. It also describes the choices available to you regarding our use of your personal information and how you can access, update or delete this information
Collection and Use
We collect the following personal information from you:
Unique Identifiers, including: User Name, E-Mail address, password, telephone number
We also collect the following information from you:
Demographic information such as age, education, gender, interests, address details, zip code
As is true of most App and Web sites, we automatically gather information about your computer such as your IP address, browser type, referring /exit pages, and operating system
We use this information to:
Deliver your order to the registered in your Flask account address.
Contact you regarding your placed order, for the need of clarifications or other arrangements.
Send you push notifications when you are using our app. If you do not want these notifications, you can manage your preference either through your device or app settings depending on your device type. You can also contact us at thirsty@flaskcocktail.delivery
Sharing Your Information
We will share your information with third parties only in the ways that are described in this privacy statement
We may disclose your personal information:
· as required by law, such as to comply with a subpoena, or similar legal process
· when we believe in good faith that disclosure is necessary to protect our rights , protect your safety or the safety of others, investigate fraud, or respond to a government request
· if flask is involved in a merger, acquisition, or sale of all or a portion its assets, you will be notified via email and/or a prominent notice on our App and/or it’s Web site (www.flaskcocktail.delivery) of any change in ownership or uses of your personal information , as well as, any choices you may have regarding your personal information
· to any other third party with your prior consent to do so
Tracking and Ads
We or a third party contracted by us may use technologies such as cookies, Web beacons, or scripts to gather information about how you and others interact with our Web site and App. For example, we will know how many users access a specific area or features within our App or site and which links or ads they clicked on. We use this aggregated information to understand and optimize how our App or site is used, improve our marketing efforts, and provide content and features that are of interest to you.
Security
The security of your personal information is important to us. When you provide sensitive information to us, we encrypt the transmission of that information using secure socket layer technology (SSL)
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can contact us at thirsty@flaskcocktail.delivery.
Storage and Processing of Personal Information
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at thirsty@flaskcocktail.delivery. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements
The collected through the App information may be stored or processed in Greece or in the United States.
flask, its affiliates or service providers may transfer information that we collect about you, including but not limited to personal information, across borders and from your country or jurisdiction to another around the world.
Please be informed that we may transfer information, including but not limited to personal information, to a country or jurisdiction where data protection laws may differ from those of your jurisdiction.
Other Information
Correcting, Updating or Deleting Your Personal Information
To review and update your personal information to ensure it is accurate or to complete it or to object to the storage and use of your personal information in whole or in part, or to request the deletion of your personal information and your account contact us any time at thirsty@flaskcocktail.delivery.
We must reply to you in writing within fifteen (15) days upon receipt of your request.
Notification of Privacy Statement Changes
Please note once again that we may update this privacy statement to reflect changes to our information practices, in our sole discretion, at any time, as it is part of the Terms of Use, by providing you with reasonable advance notice prior to the modified Privacy Policy becoming effective. You understand and agree that we may notify you for the modified Privacy Policy by posting the modified Terms of Use, Privacy Policy included, on the App at least three (3) days prior to the effective date of said modified Terms of Use. We may, but are not obliged to, notify you by means of an extra notice on the App and/or on the App’s web site (www.flaskcocktail.delivery) or send such a notice via the App or via email prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Should you continue to use the App after the effective date of any changes of the privacy policy it shall constitute acceptance from your part of said changes.
Contact
You can contact us about these Terms of Use -privacy statement expressly included- by writing or email us at the address below:
BETHERE APP LTD
178 SEVEN SITERS ROAD, N7 7PX
LONDON, UK
Email: thirsty@flaskcocktail.delivery
Headings
Headings used in these Terms of Use are provided for convenience only and shall not be used to construe meaning or intent.
