Embargo Lifestyle Limited

Terms and Conditions of Use (the Terms)

1.      Your Acceptance

This is an agreement between Embargo Lifestyle Limited (Embargo or We), the owner and operator of www.embargoapp.com (the Site), the Embargo app software (the Service or App) and you (you or you), a user of the Service.

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND EMBARGO’S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.embargoapp.com/privacy.html, AND WHICH IS INCORPORATED HEREIN BY REFERENCE.

If you do not agree to any of these Terms, you must not use the Service.

2.      The Service

The Embargo App a beacon-empowered loyalty and rewards platform for the hospitality industry that aims to bring venues and customers closer via an easy-to-use system and all other reasonably related or incidental activities.

The Service is made available free of charge.

We do not guarantee that the Service or the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Service for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

3.      Changes to the Site, Service or App

We may update and change our Site, App or the Service from time to time to reflect changes to our products, our users' needs and our business priorities or for any other reason at our discretion. We will try to give you reasonable notice of any major changes.

4.      Privacy

We take your privacy seriously. All personal data collected and processed by us in connection with the Site, the App or the Service, shall be handled strictly in accordance with our privacy policy, a copy of which can be viewed here: http://www.embargoapp.com/privacy.html.

Please note that as an integral part the Service we are required to share your details with venues who support the Embargo Service (Venues). These details will include (i) all information contained in your user profile; (ii) your Visit statement; (iii) your global Embargo status; (iv) details of your previous use of the Service at that Venue; and (v) confirmation of when you have entered, or are in the vicinity of, a particular Venue. By using the App and the Service, you consent to us disclosing your information to Venues in this way. If you do not wish us to disclose your information to Venues, please do not use the App or the Service.

5.      Your use of the Service

5.1.  Licence

5.1.1.       Embargo gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the App and the Service (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to the Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Embargo, in the manner permitted by the Terms.

5.1.2.       The rights in the App and the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the App or the Service.

5.2.  Sign up / Log-in

5.2.1. In order to use the Service you will be required to sign up through the App. You may sign up using an email and password or by logging-in through certain 3rd party sites (such as Facebook). Once you have signed in for the first time, your credentials will be saved to your device and you will be automatically logged-in in the future unless you have signed out in the meantime.

5.2.2. You must treat your log-in password as confidential. You must not disclose it to any third party.

5.2.3. We have the right to disable any user identification code or password, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

5.2.4.    If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@embargoapp.com.

5.3.  Visits

5.3.1. By using the App and frequenting Venues, you will accrue visits (Visits) to your Embargo account. Visits may be redeemed against rewards published by Venues through the App (Offers) subject to the conditions of the particular Offer.

5.3.2.    If you consider that your Visits balance has not been updated accurately, please promptly notify us at info@embargoapp.com with the details and any evidence you may have in support (i.e. receipts from the relevant Venue). Embargo will use reasonable efforts to verify the position and, if it considers (in its sole discretion) that an error has been made, amend your Visits balance accordingly.

5.4.  Venue Offers

5.4.1. Venues will publish Offers to users of the Embargo Service through the App. Such Offers may be redeemed with Visits.

5.4.2. In addition to requiring a certain number of Visits, Offers may be subject to further conditions which will be notified to users through the App. Such conditions may include (but are not limited to) a claim time limit, a minimum visit requirement and potentially a minimum Embargo global status level.

5.4.3. If you wish to redeem an Offer you may do so by clicking the ‘claim’ button on the App, which will allow you to notify your claim to the Venue. You should then approach the Venue personnel directly to complete the process.

5.4.4.    Venues are solely responsible for honouring Offers they have made through the App. However, if you consider that a Venue has failed to honour an Offer made to you, please promptly notify us at info@embargoapp.com with the details and any evidence you may have in support. Embargo will use reasonable efforts to verify the position and to suggest (in its sole discretion) an appropriate resolution such as an amendment of the Visits balance or an alternative Offer    

5.5.  Functionality and Settings

5.5.1. In order for you to enjoy the full benefit of the Service, the App requires certain functions of your device to be operational. In particular, the Embargo beacon technology requires that your Bluetooth function is activated while you are in a Venue and that during your stay your device is connected to the internet by way of a mobile or wifi network. The App will also access certain of your device’s functions in order to provide the Service. For examples, Google Maps will be accessed in order to provide you with directions to Venues.

5.5.2. If you choose to enable the automatic wifi log-in feature of the App, you can chose to be automatically logged-in to the wifi network of Venues you visit.

5.5.3. You may disable the App’s access to your device through the device’s ‘settings’ function, but please note that by doing so you may materially impact the performance of the App our ability to provide the Service.

6.    Our Rights

All rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Service and the content (excluding content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Embargo. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, content (excluding content, if any, provided by users of the Services) and related material are reserved.

7.    Support

You may contact Embargo for support in connection with the App or the Service by emailing us at info@embargoapp.com.

8.    Third Party Links

Where our Site or the App contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

9.    Warranties and Liability

9.1.  The Service is provided free of charge.

9.2.  Your access to and use of the App and the Service is at your own risk. You understand and agree that the Service is provided to you on an "as is" and "as available" basis.

9.3.  Without limiting the foregoing, Embargo disclaims to the maximum extent permitted by law any warranties, representations (other than fraudulent misrepresentation), guarantees or conditions, whether express or implied.

9.4.  Embargo makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Service or any content. Embargo will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or the App. Embargo makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

9.5.  We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Service at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Service. We will not be liable to you 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 the Service, or on any website or application linked to it.

9.6.  We are not liable to you for any inability to access the Service at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).

10.  Restrictions on Use

As a condition of your use of the Site, Service and/or the App, you agree: