Legal

Online Privacy Policy

Valid on and after May 25, 2018.

 

BonApp is committed to protecting the privacy of information you provide us on our website (the “Website”) or through our mobile application (the “Application”). This policy explains how we collect and use customer information and how we protect your privacy.

 

This policy is applicable only to the Website and the Application and does not cover any access to third party sites, even while using links from the Website and/or the Application.

Mana Ventures Limited” maintains the https://www.bonapp.ae/ Website ("Site").

United Arab of Emirates is our country of domicile.

We will not trade with or provide any services to OFAC and sanctioned countries.

 

This Privacy Statement also describes how You can exercise your rights under the existing legislation. Please contact our privacy representative mentioned in section 1 if you require more information on the subject matter of this Privacy Statement. This Privacy Policy will replace the previous Privacy Policy updated on May 9, 2017 in its entirety.

 

1. Contact Information

Malin Raman Delin

malin@bonapp.ae

Tel: +971-566903155

Office No. 135-FD, Level 1, Incubator Building, Masdar City

Abu Dhabi, United Arab Emirates

 

2. What information we obtain and store

We obtain and store the information you provide when you register on our Application. When you register with us, you generally provide 

 

(a) your name, email address, user-name, password and other registration information;

(b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us;

(c) information you provide us when you contact us for help;

(d) information you enter into our system when using our services, such as contact information.

 

Visa or MasterCard debit and credit cards in AED will be accepted for payment. All credit and debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.

 

In addition, we may collect certain information automatically, including, but not limited to, the type of web-browser and/or mobile device you use, (IP) address, your login details, browser type and version, your operating system type and version, your device type and network, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, and information about the way you use our Website and/or Application.

 

We may also use GPS technology (or other similar technology) to determine your current location and display a location map with relevant details. We will not share your current location with other users or partners.

 

If you do not want us to use your location for the purposes set forth above, you should turn off the location services in your mobile phone settings and/or within the Application. 

 

3. Why we ask and how we use your personal information

 

The personal information we request is necessary to allow us to provide our services. It is also required to register you on our Application.

 

We will use your information to provide and personalize our service. We will also use your contact details to communicate with you. We may use your information to send you special offers, and news about BonApp’s services or those of relevant companies which we think may be of interest to you. We may contact you by post, email or telephone (including SMS) for these purposes. We may also use and analyze the information that we collect so that we can review, administer, support, improve, and develop our business and services.

 

We may use aggregate information (meaning the information which do not identify you personally) for any purpose and share aggregate information with third parties for any purpose. We may share the information gathered using cookies, pixel tags and other similar technologies with our third-party vendors. Use of this data is to improve our site by responding to our users' interests and providing more relevant and useful information. For example, we use aggregate information collected on the Website and the Application to evaluate how they are being used. In addition, we may collect and analyze information about how many visited certain pages, time spent on those pages, and any subsequent page visits. This information allows us to determine which pages might be the most interesting and popular with visitors. It enables us to provide visitors with a better and richer experience.

 

Some of the advertisements you see on the Site are selected and delivered by third parties, such as ad networks, advertising agencies, advertisers, and audience segment providers. These third parties may collect information about you and your online activities, either on the Site or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. Please remember that we do not have access to, or control over, the information these third parties may collect. The information practices of these third parties are not covered by this privacy policy.

 

 4. Disclosure of your personal information

 

We may disclose personal information in circumstances where:

(a) you agree to this;

(b) as permitted by applicable laws, court order or regulatory authority;

(c) for the purposes of prevention of fraud or other crime; or

(d) if we believe that such action is necessary to protect and defend the rights, property or personal safety of BonApp or its visitors.

 

If we undergo re-organization or are sold to a third party, you agree that any personal information

we hold about you may be transferred to that re-organized entity or third party.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Website and/or Application, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

 

5. Retention period of personal data

 

We comply with our statutory obligations regarding retention of data. We will retain your information in accordance with current legislation for as long as necessary for the purposes defined above. After that time, we will remove unnecessary data and continue to process the Data Subject’s name and contact details and individual data items describing the Data Subject’s profile for marketing purposes as long as the data subject does not deny us the right to send marketing messages. If the Data Subject objects to marketing messages and there is no other basis for processing, we will retain the Data Subject’s opt-out decision and contact details to ensure that we are able to enforce that decision. In the above situation, the Data Subject may request the removal of data in its entirety. You may, within the framework of applicable regulations, influence the retention period of data by exercising your rights depicted in this Privacy Statement (see section 7).

We aim to ensure that the personal data in our possession is up to date and valid by updating outdated data and removing unnecessary data. From time to time, we may prompt you to check that your data is up to date.

 

6. Cookies

 

A ‘cookie’ is a small bit of data used by a browser to store information. These enable BonApp to provide you with more personalized services when revisiting the Website and/or the Application. Cookies can be deleted from your hard drive if you wish. Most web browsers automatically accept cookies, but you can change your browser settings to prevent this. Even without a cookie you can use most of the features on our Website and/or Application. Our cookies do not contain any personally identifying information.

 

7. Your rights and opportunities

 

You can influence the processing of your data by exercising the following rights:

 

(a) you can ask us for a copy of the personal information we hold about you by sending us a signed written request;

(b) you can inform us of any changes to your personal information, or if you want us to correct any of the personal information we hold about you;

(c) in certain situations, you can ask us to erase, block or restrict the personal information we hold about you, or object to particular ways in which we are using your personal information; and

(d) in certain situations, you can also ask us to send the personal information you have given us to a third party.

 

Where we are using your personal information on the basis of your consent, you are entitled to withdraw that consent at any time. Moreover, where we process your personal information based on legitimate interest or the public interest, you have the right to object at any time to that use of your personal information.

We rely on you to ensure that your personal information is complete, accurate and up to date. Please do inform us of any changes to or inaccuracies in your personal information by contacting malin@bonapp.ae. We will respond to your request as soon as possible but certainly within 30 days.

 

BonApp is committed to handle any request, complaint or concern that you may have about our use of your personal information in a fair and transparent way. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to file a complaint with the data protection authority in your country (if one exists in your country) or supervisory authority.

 

8. Security

 

We want to safeguard the confidentiality of your information and therefore take great care to ensure the security of this site and our server. We offer the use of secure communication transmission software (known as "secure sockets layer" or "SSL") that encrypts all information you input to our Website before it is sent to us. SSL is an industry standard encryption protocol, and this ensures that the information is reasonably protected against unauthorized interception.

We also follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorized access to that information and limit access to this information to authorized employees and contractors who may require access to that information to provide our services.

 

Although we endeavor to provide reasonable security (as per the industry standards) for information we process and maintain, please be aware that no security system can prevent all potential security breaches.

 

9. Consent

 

The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers’ are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.

 

By using the Website and/or the Application, you consent to the collection and use of personal information by BonApp in the ways described above. If you have any further questions about our Privacy Policy or its implementation, please contact us via email at malin@bonapp.ae.

 

This online privacy policy applies only to information collected through our Website and/or Application and not to information collected offline. Any changes to the privacy policy will be posted on this page.

Terms of the BonApp service

(Updated June 7, 2017)

 

Welcome to BonApp

 

1. Service offered by BonApp

 

The BonApp service is an online platform and a sales channel via which, vendors offer food and other items to the registered users for purchase. In these terms of the BonApp service, the term “vendors” refers to restaurants, hotels, supermarkets/food retailers, bakeries and cafes. The aim of this service is to give users the opportunity to purchase food and other items that would otherwise go to waste. Users can pick items up or have them delivered. Thus, the BonApp service aims to minimize food waste, allow users to eat affordably, while at the same time become more acquainted with nearby vendors.

 

2. General scope of services

 

Here you can find all the terms and conditions that we apply to perform our provided services. They contain important information about your rights and obligations, as well as limitations and exclusions that apply to your purchases.

 

If you are unwilling to be bound by this Agreement, please do not access or use the Application and/or Website (both defined below). BonApp may terminate, without notice, your access to the Application for failure to comply with this Agreement. In addition, BonApp shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, your access to the Application for any reason.

 

Minors under the age of 18 are prohibited to register as a User of the Application and/or Website and are not allowed to transact or use the website.

 

By making any use of the Application and/or the Website, you: (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to BonApp that: (i) you are of legal age and have the authority to enter into this Agreement, (ii) this Agreement is binding and enforceable against you, (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity, and (iv) you have read and understand BonApp's Privacy Policy, the terms of which are posted on the Website and incorporated herein by reference (the "Privacy Policy"), and agree to abide by the Privacy Policy.

 

3. Process of registration and collection and use of personal information

 

To utilize the BonApp service and the features made available through the Application, you are required to complete a registration process and create an account with BonApp (“Account”). To register, it is necessary to provide personal data, which includes but is not limited to, your name and contact information. You represent and warrant that all information provided by you to BonApp is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

 

You recognize that your personal data has been given to us and that we may use it, including information about how you use our services and facilities, for the purposes of providing our services including statistical analysis; ensuring our compliance with legal and regulatory obligations applicable to us; helping us in any future dealings with you; and direct marketing and market research. For these purposes, you authorize us to retain and use the personal information provided. Please read our Privacy Policy for more information on how your personal data is handled.

 

Should you suspect that any unauthorized party might be using your Account, you are obligated for your own security to notify BonApp immediately by emailing us at malin@bonapp.ae.

 

By providing your mobile phone number to BonApp pursuant to the use of the service, you hereby affirmatively consent to our use of your mobile phone number for contacting you directly to perform the services, including but not limited to occasionally send notifications, text messages with promotional offers, service updates and reach out to you with a survey regarding the quality of our services.

 

4. License

 

BonApp hereby grants you a non-transferable, non-exclusive, revocable, limited license to access and use BonApp's software platform commonly referred to as BonApp as made available through its website located at www.bonapp.ae (“The Website”) and via our mobile application BonApp (“The Application”) during the validity of this Agreement, solely for accessing the services.

 

BonApp may, from time to time, update or modify the Website and Application, release new versions, or create new modules related thereto, each of which may, at BonApp's discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of your rights hereunder including, without limitation, access to the Website and Application.

 

Except as expressly permitted under other provisions of this Agreement, you may not modify, reproduce, duplicate, copy, photocopy, print, republish, display, translate, transmit, distribute, sell, resell, reverse-engineer, rent, lease, loan, exploit, reduce to any electronic medium or machine-readable form, or otherwise make available in any form or by any means all or any portion of the Website and/or Application, any content, photographs, descriptions, drawings, audio materials, text, messages or other information or any data compiled or extracted therefrom or any information or materials retrieved from either of them, including, without limitation, graphics and logos, presentation, style or organization, in whole or in part, for any purpose. 

 

You shall use the Website and Application solely for their intended purposes and shall not use the same for the benefit of any third party except as specifically contemplated under this Agreement.

 

5. Order and order confirmation

 

The BonApp user places the food item order through the Application. After placing the order, BonApp will send an order confirmation and a receipt to the BonApp user via the user interface. By placing an order, the user confirms the accuracy of all the information he/she provides. The contract for sale of any of the food items shall be a strictly bipartite contract between you and the vendor, thus, no contractual relationship exists between user and BonApp in relation to the sale of food items. 


 

6. Payment of the order

 

The BonApp user will pay for the food items online through the Application. Once the payment is made, the confirmation notice will be sent to the client via the user interface within 5 minutes.  BonApp will use a payment service provided by a third-party for collection of such payment, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules. The user does not have the right to cancel or change a made order. The restriction of the right to cancel a made order is based on the nature of food which may spoil or age rapidly.


 

7. Pick up of order, redemption and delivery

 

The BonApp user should pick up (if opted for) the ordered food item from the vendors’ premises in a timely manner during the time frame informed by the vendor. If the user does not collect the order during the given time frame, the vendor has the right to do as they see fit with the food item ordered by the user. In such cases the user is not entitled to a refund for the ordered food item.

 

8. Refund

 

In case of non-delivery of food items by food outlets bought with BonApp, customers are entitled to receive full refund, either by credit or through the original mode of payment.


 

9. Disclaimer

 

The BonApp service is a software platform and a sales channel for vendors' food items. The BonApp service is not the provider or the producer of the food items listed in the service nor is BonApp liable for the quality of the meal portions ordered through the service or errors that may occur during the pickup or delivery of an order.

 

You understand and agree that BonApp does not and cannot review all content made available through any part of the Website and/or Application. The vendors are liable and responsible for honoring all commitments related to orders, coupons, rebates, discounts, sales, etc. made on the Application. Any communication regarding these matters should be done to the vendor directly.

 

The respective vendor is responsible for all the user reclamations concerning the food item. BonApp will direct any reclamations to the vendor. The cooperating vendors are committed to preparing the food items offered through the service in compliance with the legislation concerning the handling, storing and transportation of food and in accordance with the established principles and practices of the industry and prevailing laws and regulations. 

 

In no event, shall BonApp or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s offers, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and regardless of whether BonApp was given actual or constructive notice that damages were possible. 

 

BonApp does not warrant that the Website and/or Application or any functions contained therein will be uninterrupted or error free, that defects will be corrected, or that the Website and/or Application or the server that makes them available are free of viruses or bugs. The Website and/or Application are provided on “as is” basis and your use of the same is at your sole risk.

 

If you detect a technical error or other error in the BonApp service, you can report the problem through email to malin@bonapp.ae.

 

10. Security

 

Your BonApp account is password-protected so that only you can have access to it. You shall be solely responsible for maintaining all passwords and access codes to the Application and refraining from sharing or otherwise permitting third parties to use any such passwords or access codes to access the Application.

 

If you have registered for BonApp using Facebook Connect (or other social applications), then your login and password shall be the same as your Facebook (or other social application) login and password.

BonApp staff will never reach out to you and ask for any personal account information, including your password.

 

11. Intellectual property

 

All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between you and BonApp, you shall be deemed to be the sole owner of all content entered into the Website or the Application or otherwise posted by you; and (ii) BonApp is the sole owner of the name "BonApp" as well as the Website, the Application, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to BonApp regarding the Website or the Application shall, upon submission to BonApp, be owned solely and exclusively by BonApp. In addition, BonApp shall be entitled to post feedback at the Website and within the Application (and/or allow others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third-party software included within the Website and/or Application shall own all worldwide rights, title and interest in and to such third-party software (and any intellectual property rights therein), subject to such suppliers' license, if any, of such third-party software to BonApp.

 

In exchange for your use of the Website and/or Application, you hereby grant to BonApp an unlimited, perpetual, irrevocable, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, adapt, store, host, cache, re-format, encode, translate, distribute, commercially exploit, repurpose, perform, publicly display and create derivative works of any and all content you post to the Website and/or Application or submit to BonApp,  alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees, in connection with BonApp performing the services described herein. Finally, you irrevocably waive, and cause to be waived, against BonApp and its users any claims and assertions of moral rights or attribution with respect to your content. BonApp shall be entitled to display advertising and/or any other content at locations of its choosing within the Website and/or Application, including without limitation adjacent to your content. 

 

12. Confidentiality

 

You agree to treat as confidential all information of BonApp, not to use such information for any purpose other than to the limited extent necessary to use the Website or the Application and not to disclose such information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, you shall use at least the same degree of care which you use to prevent the disclosure of your own confidential information of like importance to prevent the disclosure of confidential information disclosed by BonApp, provided, however, that in no event shall such degree of care be less than reasonable considering general industry practice.

 

13. Linking

 

As a convenience to you and other Website and/or Application visitors, the Website and/or Application may contain links to websites that are owned and operated by third parties that are not affiliated with BonApp. Using these links means leaving the Website and/or Application. You visit linked websites at your own risk and it is your responsibility to take any protective measures to guard against viruses and other destructive elements. BonApp is not responsible for and makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through linked websites.

 

14. Limitation of liability

 

Except as explicitly set forth herein, neither BonApp, its affiliates or any of such party's equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation warranties of merchantability or fitness for a specific purpose. In addition, you hereby agree and acknowledge that: (i) BonApp shall not be responsible for any statements or representations made or actions taken by any other party using the Website and/or Application or reviewing any of your content; (ii) BonApp does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (iii) BonApp is not responsible for vendors, users or any other party's compliance with applicable laws, rules or regulations; (iv) BonApp 's services are administrative in nature and BonApp is not responsible for ensuring that any third party honor any offer, coupon, rebate, discount or other obligations such third party may have towards you; (v) BonApp shall not, under any set of circumstances, be responsible or liable for any content, including any content which may violate applicable law and/or a third party's intellectual property rights; (vi) the Website and/or Application may not function properly or as intended at times; and (v) BonApp shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you.

 

You agree that BonApp shall not be liable for any damages arising from any such interruption, suspension or termination of the Website and/or Application.

 

BonApp shall not, under any set of circumstances, be liable to you for any special, incidental, indirect, punitive or consequential damages, including, but not limited to, lost profits or data, arising out of this agreement or your use of the Website or the Application, whether based in contract, tort or any other legal theory, even if advised of the possibility of such damages. In any event, BonApp's total liability to you for any claim arising hereunder or related hereto shall not exceed AED100/-.

 

15. Force majeure

 

BonApp shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control. 

 

16. Term and termination

 

This Agreement shall continue in full force until BonApp electing to terminate your access to the Application, with or without reason or notice. For purposes of clarity, you are entitled to terminate your BonApp account at any time. BonApp reserves the right to modify, suspend, or discontinue the services or access to the Website or the Application without any notice at any time and without any liability to you.

 

Upon termination of this Agreement for any reason, you shall no longer be entitled to access or use the Application.

 

BonApp shall not be responsible for the return of any content of any kind to you upon any termination of this Agreement or suspension of your access to the Website or the Application, including without limitation any information input into the Website and/or Application by you.

 

All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement. 

 

17. Indemnity

 

You agree to defend, indemnify and hold harmless BonApp and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Website and/or Application or from any breach by you of this Agreement, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation.

 

18. Miscellaneous

 

Unless otherwise specifically provided herein, each party shall pay its own costs and expenses in connection with this Agreement and its activities hereunder. The rights and obligations of the parties under this Agreement shall be governed by the laws of United Arab Emirates, without reference to conflict of law principles, and all disputes arising hereunder or in connection with this Agreement, the Website and/or the Application shall be resolved by the Dubai Courts. You hereby consent to exclusive jurisdiction of Dubai Courts United Arab Emirates. The relationship between the parties under this Agreement is that of independent contractors and neither shall be, nor represent itself to be, the joint venture, franchiser, franchisee, partner, agent or representative of the other party for any purpose whatsoever. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns but shall not be assignable by you without BonApp's prior written consent. If any provision of this Agreement is held to be unenforceable or invalid for any reason, or if any governmental agency rules that any portion of this Agreement is illegal or contrary to public policy, the remaining provisions, to the extent feasible, will continue in full force and effect with such unenforceable or invalid provision to be changed and interpreted to best accomplish its original intent and objectives. 

 

BonApp reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Website or Application following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If you have any comments or questions, please do not hesitate to reach out to us at malin@bonapp.ae.

 

We hope you enjoy your experience using the BonApp service.

BONAPP © 2019