Terms and Conditions
Effective: 25 May, 2018
The following Terms and Conditions (the “Terms”) govern your access to and use of our services, which includes the website, located at http://heapsdrinks.com (the “Website”), the mobile application published in Apple App Store og Google Play Store called, Heaps Drinks (the “App”), based on Heaps Drinks technology, and any content, functionality and services offered on or through the Website, the App and social media portals such as Facebook, Twitter, and Instagram (together our “Service”). By using the services you agree to be bound by these Terms.
Heaps Drinks is owned and operated by Heaps App Aps, located at Larsbjørnsstræde, 3. 1454 København K, Denmark.
Please read the Terms carefully before you start to use our Service.
Who may use the service
You may use the Services only if you agree to form a binding contract with Heaps Drinks and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old to use the Service. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
Privacy
Our Privacy Policy (http://heapsdrinks.com/privacy) describes how we handle the information you provide to us when you use our Service. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.
Using the service
Heaps Drinks offers a range of different content, services and functionality. This service is constantly evolving as we are trying to make it better to you as a user. As such, the Service may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Service or any features within the Service to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also suspend or terminate users.
Your account
You may need to create an account to use our Service. See Privacy Policy to understand what information you need to provide to create a profile.
You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Service, such as enabling or disabling push notifications in the App. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
Your License to Use the Services
Heaps Drinks gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Heaps Drinks, in the manner permitted by these Terms.
Nothing in the Terms gives you a right to use the Heaps Drinks name or any of the Heaps Drinks trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Service (excluding Content provided by users or partners) are and will remain the exclusive property of Heaps Drinks and its licensors. Any feedback, comments, or suggestions you may provide regarding Heaps Drinks, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Ending These Terms
You may end your legal agreement with Heaps Drinks at any time by deactivating your account and discontinuing your use of the Services. Please send an email to hello@heapsapp.com including the email you used for log in, to request us to deactivate your account. For more information on what happens to your information when we deactivate your account, please see Privacy Policy.
Limitations of liability
We ask you to study and understand our Service before starting to use it.
Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for: any losses that (a) were not foreseeable to you and us when these Terms were formed or (b) were not caused by any breach on our part; loss of data; loss of use, whether as a result of computer viruses, spyware or malware of any description or any material which might adversely affect the operation of any computer hardware or software or any communications network which affects you as a result of accessing the App; business losses; and losses to non-consumers.
In any event, we shall only be liable for direct losses (excluding indirect losses) and shall not otherwise be liable to you for any damage suffered by you unless, subject to the exclusions set out above, such damage has directly been caused by your use of the App in accordance with these Terms and, where applicable, the Privacy Policy. To the extent that we do incur any liability to you, our aggregate liability to you (other than for those liabilities we cannot exclude in law) shall not exceed €25.
Governing Law and jurisdiction
This Terms shall be governed by and construed in accordance with the laws of Denmark.
General
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of theTerms, will always be at http://heapsdrinks.com/terms and will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a notification, in-app message or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Heaps Drinks’ failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Heaps App ApS, a Danish company with its registered office at Larsbjørnsstræde, 3, 1454 København K, Denmark. If you have any questions about these Terms, please contact us athello@heapsapp.com.
Effective: May 25, 2018