Terms and Conditions

The effective date of these Terms of Use is 05.12.2016

The bebusiness Web Platform (“Web Platform”) is a social networking, photo/video sharing ,location based Web Platform offering promotion services to its Registered Users. Business owners can connect to the Web Platform and claim their locations, thus creating a profile for each of their businesses on bebusiness.

The bebusiness Web Platform is operated by Bethere App LTD (hereafter the Company), a company incorporated under the laws of United Kingdom, having its registered offices at 1 Primrose St., London, EC2A 2EX, UK.

Please read these Terms of Use carefully before proceeding to use the bebusiness Web Platform. Should there be anything that you do not understand within them, please contact us at bebusiness@bethereapp.com 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 the Company concerning the use of the bebusiness Web Platform. 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 web platform is revoked where these Terms of Use or Use of the Web Platform is prohibited and in such case you agree not to use or access the Web Platform in any way.

Acceptance of terms

By registering and/or using the bebusiness Web Platform in any way, including but not limited to visiting or browsing the Web Platform, 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 Web Platform.

Please be mindful that when you use the bethere App you will be subject to the terms of use and privacy policy of the App, which vary from those of the bebusiness Web Platform. Please read also carefully the Terms of Use and the Privacy Policy of the bethere App.You are not allowed to use the App if you do not agree with its Terms of Use and Privacy Policy

Creating an account

To access the Web Platform you must register with us and create an account. bebusiness Web Platform either employs facebook authentication for the creation of an account. Hence , kindly note, that bebusiness may use facebook as basis, meaning that should you wish to create a bebusiness account, whilst you maintain an active facebook account for your business , you can choose to use the same User Name, e-mail and Password used for your facebook account, also for the creation of the bebusiness account. Also kindly note that in said case, the same profile picture as the one you use for your facebook account shall appear as your profile picture for your bebusiness profile page

or you can choose to sign up with the bebusiness Web Platform and create an account by providing the Web Platform with a User Name, an E-mail Address, and a password of your choosing.

Please be informed that when you sign up to the bebusiness Web Platform you also become a User of the bethere App.

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 bebusiness Web Platform. 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 bebusiness Web Platform.

The Company reserves the right, at its sole discretion, to refuse to offer the Web Platform 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/your business without permission of the other person/business owner.

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 person or business in order to impersonate said person or business

You shall not in any case use another User’s account without the other User’s prior express permission

You shall not use a profile picture that is offensive, vulgar, obscene, unlawful or otherwise inappropriate.

The Company 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 solely responsible for the validity, completeness and accuracy of the information provided on your Claimed Venue’s dedicated Page/Profile Page on bebusiness Web Platform as well as those provided by you to the Company concerning the creation of your account (contact details) , including the use of the payment services of the Platform (account information).

You are to inform the Company 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 bebusiness@bethereapp.com.

bebusiness Claimed Venues

By registering your business to the bebusiness Web Platform and creating a profile (Dedicated Page or Profile Page) for your business in the Web Platform, i.e. claiming your business on the bebusiness Web Platform and consequently the bethere App (“Claimed Venues”), you :

  • May manage your business’s profile at the bebusiness Web Platform and present, modify, change, add, remove, describe features of your Venue. Said characteristics shall be visible to all bethere App Users visiting your Venue’s Profile Page. Kindly note that in case you have claimed a bebusiness venue through the Facebook login authentication process (that looks for Pages with location which you manage on Facebook) that does not mean that should you choose to make a change on your Facebook account said change, i.e. posting of a photograph, shall automatically appear on you bebusiness account on the Web Platform. Any and all modifications, editing of your bebusiness account can be done solely via and on the the Web Platform itself.
  • Post photo/video/audio promoting your venue, visible to all bethere App Users, when visiting your business’s profile on the bethere App
  • Gain access to all betheres made to your Venue by bethere App Users, i.e. private betheres are visible to you as account manager of a Claimed Venue. Please be mindful that you are not allowed to store, copy or otherwise edit the betheres and any information of bethere App Users (User Name, Profile Picture) visible to you.
  • May alert bethere Company of photo/Video/Audio and Comments made on photos/Videos/Audio or betheres posted by bethere App Users which you deem inappropriate, offensive, defamatory or which you simply do not wish to be affiliated, associated, connected with your business. The report is not binding and the bethere Company is in no way obliged to remove said material solely due to said reason, i.e. the business owner’s report, but the decision to remove said material remains solely to and at the sole discretion of bethere Company.
  • May publish at your bebusiness account your pricing policy,announcements, promotions, events, offers, contests, discounts for the bethere App Users relating to your business and the services you provide. Also after a bethere App User posts a bethere to your Claimed Venue he/she shall receive henceforth said announcements and offers at his/her activity report on the bethere App. Said offers, contests, discounts etc. must be provided according to the provisions of the law of your jurisdiction governing said matters and bethere App Users must always be informed of their rights as consumers regarding said matters.
  • Accept payments for the products and services provided by your business (Claimed Venue)
  • Revisit your transaction history via the payments section of your account regarding betheres for dine in & take out, the bids you have offered as well as your loyalty system
  • Create your very own loyalty system for your dedicated bethere App Users, through a variety of choices provided to you by bebusiness.

bebusiness pricing policy

The cost for using the bebusiness Web Platform and the services it provides to its Users, owners of Claimed Venues, comes in the form of an application fee (inclusive of Stripe’s payment processing fees) which is charged once a payment transaction is made via the bebusiness Web Platform and is calculated as follows (depending on the region): in the UK it will equal 10% + 20p - for UK debit/credit cards & 10% + 30p for non-european cards, in the US 10% + 30c - for US debit/credit cards and in every other European country supported: 10% + 0.25euros - for European debit/credit cards & 10% + 0.25euros for non-european cards.

Our pricing policy may change at any time.

bethere Company reserves the right to impose additional fees at its sole discretion to any and all services it provides via the bebusiness Web Platform to bebusiness Web Platform Users, Claimed Venues business owners.

bethere Company reserves the right to provide customized services to claimed venues business owners for a separate fee following the signing of a separate agreement.

bethere Company reserves the right to provide to Web Platform Users additional features to the simple account services for an additional fee.

bethere Company shall inform already existing claimed venues business owners one month prior to the imposition of any difference in fees for the provision of services via the bebusiness Web Platform becoming effective. For any subscription to continue the business owners shall have to agree with the imposed fees. Should that not be the case, their claimed venue account shall become inactive after the aforementioned one month period.

bethere Company shall publish its pricing policy and any changes made to it at the bethere for business Web Platform one month prior to said pricing policy becoming effective.

The imposition of a fee for the provision of services via the bebusiness Web Platform shall constitute a modification of the Terms of Use.

Already existing claimed venues business owners by 5.12.2016 will be excluded by the new application fees mentioned above and will only be charged with Stripe’s processing fees based on Stripe’s regional pricing (which can be found at www.stripe.com/pricing).

In case fees are imposed by bethere company the business owners expressly understand and agree that for any subscription to continue the business owners have to accept the imposed pricing policy and pay the relevant fee for the provided services. Should they disagree or fail to pay the relevant fee their account shall become inactive after a two month period.

Our Relationship

You understand and expressly agree that you do not enter into any kind of special relationship with bethere Company, including but not limited to fiduciary or confidential. Said fact does not change because of you submitting any User Material to the Web Platform. Any and all User Material you submit to the bebusiness Web Platform, except as otherwise stated in our Privacy Policy will be non-confidential and non-proprietary. bethere will not be in any way liable or responsible for any disclosure or use of the Material.

bethere Company is not a party to any contractual arrangements or any kind of dealings entered into between you and any bethere App User or other Claimed Venue business owner or third party, unless otherwise specified or agreed to by bethere Company

You understand and agree that a Claimed Venue is not an endorsed, recommended , approved, guaranteed or introduced by bethere Company Venue.

You understand that as a Claimed Venue business owner you are not entitled to be provided advertisement by the bethere Company on its bethere App , bebusiness Web Platform or any other App, web site, web page of bethere solely for said reason, nor do you have a right of first offer for advertisement space. The placement of advertisement for your Claimed Venue on the bethere App and bebusiness Web Platform shall be the object of a separate contractual arrangement between you and bethere Company and may be subject to fees.

User Material

By submitting User Material to the bethere for business Web Platform or otherwise through the web site you hereby do and shall grant bethere 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 bebusiness web platform and the business of bethere, bethere successors and assignees. Said license includes but is not limited to the promotion and redistribution of part or all of the web platform or derivative work thereof or bethere Company in any media.

You represent and warrant that a) you own the Material that you submit to the Web Platform 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 Web Platform 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 Web Platform and d) you have the legal capacity and rights to enter into these Terms of Use in your jurisdiction.

bethere Company 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 Company 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 Web Platform. 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 bebusiness Web Platform is not a back up service and you will not rely on bebusiness Web Platform for the purpose of storage and/or back up of your Material that you have chosen to submit to the Web Platform. We strongly advise you to keep your own back up of your Material. Bethere Company 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 Web Platform or the malfunction of the server or a telecommunications failure.

bethere Material

The Web Platform contains Material which is owned or licensed by bethere Company. bethere Material is protected by copyright, trade secret and other laws . Company owns and retains all rights in the bethere Material and Web Platform. bebusiness name and logo and bethere name and logo are trademarks of bethere Company and they may not be used, copied or imitated without the prior written consent of bethere Company. All custom graphics, button icons and scripts are trade dress of bebusiness and they may not be used, copied or imitated without the prior written consent of bethere Company. Modification, concealment or removal of any copyright, trademark or any other proprietary rights notice contained or accompanying bethere Material is strictly prohibited. Alteration, adaptation, performance, display, publication, distribution, reproduction, sale, license, transmission, broadcast, preparation of derivative works based on bethere Material without the prior written consent of bethere Company is prohibited.

Rules

You are solely responsible and liable for the activity of your account. You are solely responsible and liable for your interaction with other Users. bethere Company reserves the right to suspend or block or refuse access of any User or potential User to the Web Platform. Bethere Company 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. Bethere Company is not obliged to monitor the Web Platform, including but not limited to the User Material. Bethere Company may but is not obliged to take down, delete, alter, block, investigate, monitor Material or an account containing Material which bethere Company in its sole discretion decides that are in violation of the present Terms of Use. When using the Web Platform 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 Web Platform that would harm, disable, disrupt, limit or in any way interfere with the proper function of the Web Platform, the bethere App or any User’s of the Web Platform’s and/or the App’s 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 bethere Company, bebusiness Web Platform, bethere App, bethere App User, bebusiness User or any third party, person or legal entity
  • Submit or contribute in any way User Material which contains nudity or violence, is abusive, threatening, obscene, vulgar, pornographic, harassing, misleading, untrue, defamatory, derogatory ,promotes discrimination or bigotry or is in any way offensive or inappropriate as determined in the sole discretion of bethere Company
  • Submit or contribute in any way any User Material without the permission of the content owner or otherwise infringe the copyright, trademark, trade secret, intellectual property right or any other right of 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 bebusiness Web Platform and the bethere App in order to stalk, harass, investigate or monitor a User
  • Collect any data from the Web Platform or the bethere App
  • Crawling, scraping, catching any material of the bebusiness Web Platform or the bethere App via automated means is prohibited.
  • Impersonate any third person or legal entity ,including an employee or representative of bethere Company
  • Change or alter the Web Platform 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 bebusiness Web Platform, bethere App or Company
  • Reverse engineer, decipher, decompile, disassemble or attempt to derive any source code or algorithms or any part of the Web Platform, 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 bebusiness Web Platform and the bethereApp, except when expressly allowed by bethere company
  • Copy ,rent ,distribute ,lease or otherwise transfer any rights that you receive herein
  • Bypass any measures bethere Company uses to prevent or restrict access to the Web Platform or use the Web Platform 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 bebusiness Web Platform and bethere Company.
  • Impede in any way the proper function of the Web Platform
  • Run any form of “spam” on the Web Platform
  • Proceed to any commercial activities - including but not limited to sales ,advertising, barter ,contests without the prior written consent of bethere Company
  • Act in any way that violates the present terms, conditions and policies of bethere Company

You hereby expressly agree that bethere Company is not in any way liable or responsible for the conduct of any User.

Kindly always exercise courtesy when using the Web Platform and interact respectfully with other Users online and offline.

bethere payment services

Via bethere payment services the following actions can be executed : payment of bill, pre-order by the customer for take out or dine in and payment of the relevant bill, reservation and payment of the relevant bill

bethere payment services shall be conducted solely via the third-party payment processor Stripe and in agreeing to use bethere payment services you agree to the terms and conditions of Stripe Connected Account Terms, which you can find here https://stripe.com/gb/connect/account-terms.

bethere payment services may be used solely for the payment of the whole amount of the bill. Split checks or partial payments are not permitted. The present agreement does not alter the end User’s/Customer’s payment obligations to the Venue. The end User/Customer is responsible for the timely payment of all amounts owed by them to any Venue.

Venue Owners are obliged to issue and hand over to the Customer the relevant to his/her order receipt or invoice.

Limitations regarding payment services

You acknowledge and agree that bethere Company is not a party to your transactions performed using the payment services. bethere Company is not responsible for any payment disputes or disputes of any kind that occur between Customers and Venues. You must resolve payment and any other kind of disputes directly with the User/Customer

bethere Company is not liable in any way for payments that the payment services do not complete a) because you have not provided us with correct account information ,b) due to circumstances beyond our control, including but not limited to power outage, interruptions of cellular services, which prevent the execution of the transaction.

To the extent that any amount owed cannot be collected from the end User’s/Customer’s account through the payment services you the Venue Owner are solely responsible for collecting the relevant payment by said User/Customer by other means.

bethere Company does not collect or manage in any way account information which you use for the purpose of using bethere payment services. The payment procedure via debit, credit or pre-paid cards, or Apple Pay accounts of the Users takes place solely via the Stripe Connect.

Payment Information

In order to use the bethere payment services as well as enable the ordering or loyalty functionality of the platform you must provide bebusiness with an active Stripe account.

Regarding said account the terms of use and privacy policy of stripe shall apply. You hereby acknowledge and understand that bethere Company is not a party to your relationship with stripe. bethere Company, shall be in no way liable or responsible for any actions or omissions of stripe towards you and any actions or omissions of you towards stripe.

You may add, delete and edit the account information you have provided to bebusiness directly through the Web Platform. If you provide account information for multiple claimed venues you must select one account you wish to use for the payment services for every claimed venue of the same registered company.

You, the Claimed Venue business owner are solely responsible for the validity, completeness, accuracy and suitability of the payment information you provide bebusiness 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 bebusiness 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 bebusiness with valid contact details either E-Mail address or mobile number or both and verify such contact details as instructed by Company

If you change your contact details you must update your contact details immediately. You, the Claimed Venue business owner are solely responsible for the validity, completeness, accuracy and suitability of the contact information you provide bebusiness with.

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

Claimed Venue Business Owners can provide their bethereapp Users/Customers with discounts and offers via bethere app by using the bebusiness Web Platform.

Business owners can also create their own loyalty reward program for their dedicated bethere App Users/ Customers and/or entice bethereapp Users/Customers by providing them with offers for goods and services they provide, hence called bidding system

You, the Claimed Venue business owner are solely responsible for the validity, completeness, accuracy and suitability of the information regarding discounts & offers you provide bethere App Users via bebusiness.

bethere App may run promotional offers in order to increase engagement of the bethere app according to which customers and bethere app users may automatically receive a 10% discount at the bill amount of the payment transaction for every first transaction they make at a venue. In case a business owner doesn't want such a promotional action to take place he shall inform bethere App company by sending an email at bebusiness@bethereapp.com in order for his venue to be excluded.

Loyalty system – berewarded

Claimed Venue Business Owners may create their own loyalty program for their dedicated customers! bebusiness offers a variety of choices in order for you to create the loyalty program of your preference.

You can provide discounts and offers to your dedicated bethereapp Users/Customers.

Each Claimed Venue Business Owner can easily customize his/hers Venue’s loyalty program and keep track of all berewarded transactions.

Sole rule to keep in mind bethere App users’ loyalty level resets monthly, bethere App thus helping increase customer retention & engagement.

At the payments section of your Profile Page on bebusiness you may revisit your transaction history regarding the loyalty system.

Bids

Claimed Venue business owners may send via the bebusiness Web Platform bids to bethere App Users that are in the vicinity of their Venue based on the bebusiness Map.

At the payments section of your Profile Page on bebusiness you may revisit your transaction history regarding bids.

All promotional validity dates and information are to be specified on the bids. Please provide bethere App Users with specific information to each and every bid you make.

You, the Claimed Venue business owner are solely responsible for the validity, completeness, accuracy and suitability of the information regarding bids you provide bethere App Users via bebusiness.

Reservations & Ordering ahead of time (dine in & take out)

Allow users to reserve and order in advance for their dine in through your Dedicated Page

Customers will first send their reservation request as well as place their order. Customers will wait for approval which you will provide by sending them the relevant confirmation at the contact details that they would have provided to the app. You may choose whether review processing is necessary.

Customers will then pre-pay using the relevant payment services of the app.

You can also accept orders for take-out. The same shall apply for said case,that is customers shall send their take-out request. They will wait for approval which you will provide by sending them the relevant confirmation at the contact details that they would have provided to the app. You may choose whether review processing is necessary.

Customers will then pre-pay using the relevant payment services of the app

Venue Owners are obliged to issue paper receipts or invoices for the Customer and hand them over to him/her upon completion of his/her order or send it electronically to him/her to the Customer’s contact details provided to the App, should the Business Owner be allowed by applicable law to issue electronically receipts or invoices.

At the payments section of your Profile Page on bebusiness you may revisit your transaction history regarding betheres for dine in & take outs.

Bebusiness platform will automatically send transactional notifications on both ends of the transaction.

Cancellations

A User can cancel pending reservation (not yet confirmed by the Venue) at any time without penalty.

In case the User wishes to cancel a reservation which is already confirmed by the Venue he/she will be informed inside bethere app that he/she should contact directly the Venue via email or telephone. Kindly note that the User shall receive a confirmation E-Mail regarding his/her order/reservation via the bethere app when you the bebusiness Venue owner accept said order/reservation via the bebusiness Platform. In case the User wishes to cancel an order for which he has already paid he will be informed inside bethere app that he should contact directly the Venue via email or telephone in order to arrange any refunds.

Claimed Venues Pricing Policy

In case that a Claimed Venue wishes to accept pre- orders of any kind, that is for dine in and/or take out, then the business owner must make available through the Claimed Venue’s bebusiness dedicated profile page the pricing policy of said Claimed Venue.

The prices of any and all products and/or services provided by the Claimed Venue will be listed on bebusiness. Prices must include VAT and in case an extra fee applies that also must be communicated to the Users.

Prices may change at any time, but changes will not affect orders for which you have provided User with the relevant confirmation, except in case of an obvious pricing mistake , regarding which you will inform us and the User immediately. The User may be able to cancel his/her order once notified of the mistake.

Prices will vary between Claimed Venues as well as between menus.

If a minimum order value applies for your business then you must inform bethere App Users by updating your settings accordingly.

Prices are not to include tips or any other gratuity. It is in the bethere App User’s discretion to tip or not.

You, the Claimed Venue business owner are solely responsible for the validity, completeness, accuracy and suitability of the pricing information you provide bebusiness and thus bethere App Users.

Payment

If you have decided to use bethere payment services and once you have confirmed an order and the order amount is pre-paid by the customer, then the amount marked for payment will be automatically authorized to be credited to the account you have provided bebusiness with. Payment is made directly to you. Only the payment processing fees of bethere payment services are to be retained by us automatically from the aforementioned amount.

Sale of Alcohol

Individuals placing an order (dine in and/ or take out) for alcohol via bethere App must be aged over 18. Claimed Venues business owners must proceed for said reason to age verification of the customers. Claimed Venue business owners must 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.

Photographs/video/audio

When choosing photographs/video/audio to post on bebusiness Web Platform always keep in mind that the use of defamatory, harassing, abusive, offensive, vulgar, obscene, pornographic, depicting nudity, depicting sexual activity, depicting discrimination or violence, invasive of others’ privacy -e.g. content including contact details, sensitive financial information, identification documents- or otherwise unlawful or inappropriate content , as determined by bethere Company in its sole discretion at any time, is strictly prohibited on bebusiness Web Platform.

Do not proceed on posting photographs/video/audio of others without their prior express consent.

Your posts of photographs/video/audio must not infringe any intellectual property right, trademark, copyright, patent or other right of another person or legal entity or violate any law or contractual duty.

The bethere team strongly discourages the posting of photographs/video/audio of children. If you wish to post photographs/video/audio of a child please do so only with the prior express consent of their parent/guardian.

In the event that User Material containing child pornography is detected said account will be terminated and the appropriate authorities will be immediately notified.

If you spot what you think to be an inappropriate post please alert us immediately at bebusiness@bethereapp.com .

Please help us maintain a safe and pleasant environment of the bebusiness Web Platform.

Kindly note, that all photographs/video/audio are considered User Material.

ANY AND ALL PHOTO/VIDEO/AUDIO THAT YOU SUBMIT TO THE WEB PLATFORM SHALL BE AND REMAIN PUBLIC, EVEN IF YOU CHANGE YOUR RELEVANT PRIVACY SETTINGS, AND SHALL APPEAR TO ALL BETHERE APP USERS IN RELATION TO THE PLACE FOR WHICH YOU CHOSE TO SUBMIT SAID MATERIAL

Comments

When posting a comment always keep in mind that the use of harassing, defamatory, abusive, offensive, vulgar, obscene, discriminating, invasive of others’ privacy or otherwise unlawful or inappropriate content, as determined by bethere Company in its sole discretion at any time, is strictly prohibited on the bebusiness Web Platform.

The views, opinions and positions expressed by those providing comments are theirs alone and do not reflect the views, opinions and positions of bethere Company, its managers, officers, representatives or employees.

bethere Company makes no representations or warranties as to the accuracy ,completeness, timeliness, suitability or validity of any information presented by commenters on the Web Platform and will not be liable for any errors, omissions ,delays in this information or any losses, injuries or damages arising from its display or use

If you spot what you think to be an inappropriate post please alert us immediately at bebusiness@bethereapp.com

Map

You will be able to see on the bebusiness Map the last location of the bethere App Users that have enabled the relevant feature on their bethere App account, allowing thus their last location to be visible to Claimed Venue Business Owners via the bebusiness Platform.

Users shall appear to you on the bebusiness Map in the form of an unidentified grey pin. The bethere App Users’ username and avatar will not be visible to you unless they accept a bid and/or offer made by you, when they are in close vicinity to your Claimed Venue providing you with venue locations they have recently visited through bethere app as well as their last bethereapp location.

Upon completion of any live action in the vicinity of your Claimed Venue, the Users’ appearance on the bebusiness Map shall return to unidentified.

Advertisement

The Web Platform 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 bethere Company may at its sole discretion place promotions and/or advertisements within the Web Platform, including but not limited to on, about or in conjunction with your User Material, without having any obligation of any kind towards you

You may not place an advertisement or promotion on the bebusiness Web Platform or bethere App, without the prior written consent of bethere. Should you wish to place an advertisement on the bethere for business Web Platform or bethere App please contact us at bebusiness@bethereapp.com

Hyperlinks

bethere Company may provide within the Web Platform 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 bethere Company

By providing hyperlinks to an external web site ,App etc bethere 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 of web sites, Apps etc, except if so expressly stated by bethere Company itself

bethere Company 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 bethere 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.

bethere 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 bethere Company.

Always keep in mind that when you click on a link and leave our Web Platform 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 bethere Company in order to create a hyperlink of any kind or form from a third party web site ,web page, App etc to the bebusiness Web Platfrom , bethere App or any other web page,web site, App of bethere.Company.It is in the sole discretion of bethere company to provide you or not with such an approval. bebusiness. Claimed Venues business owners may post a link to the web site or web page of their business to their Profile Page on the bebusiness Web Platform and the bethere App. (also visible on the bethere App)

bethere Company is in no way responsible for the creation of any hyperlink from any third party web site to the bebusiness Web Platform or any other web site, web page ,App of the bethere Company. Any hyperlinks so set up shall not constitute any form of co-operation with or endorsement by bethere Company of any such third party web site.

Any use or display of our logos, trade names, trademarks as a hyperlink may be subject to a fee as determined solely in the absolute discretion of the bethere Company.

Terminating our relationship

If you wish to end your use of the Web Platform, please contact us at bebusiness@bethereapp.com and ask us to deactivate your account and erase your personal information/information of your business. Deactivation of your facebook business page will not suffice to also deactivate your bebusiness account and you must in said case also contact us at the aforementioned email address and request the deactivation of your bebusiness account and deletion of your personal information/information of your business.

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 bebusiness Web Platform, you must immediately stop using the Web Platform and request the deactivation of your account

bethere Company reserves the right to terminate your access to the Web Platform 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 WEB PLATFORM AND THE BETHERE APP, INCLUDING BUT NOT LIMITED TO BETHERE MATERIAL,USER MATERIAL AND SECURITY CONCERNING THE TRANSMISSION OF INFORMATION TO THE BETHERE COMPANY AND BEBUSINESS WEB PLATFORM OR VIA THE WEB PLATFORM ,ARE 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 BETHERE COMPANY,ITS EMPLOYEES,MANAGERS,OFFICERS,REPRESENTATIVES OR AGENTS.

YOU ACKNOWLEDGE THAT YOU USE THE BEBUSINESS WEB PLATFORM AT YOUR OWN SOLE RISK. THE BETHERE 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 WEB SITE IS USEFUL, COMPLETE OR ACCURATE.THE BETHERE TEAM DICLAIMS SPECIFICALLY THE WARRANT THAT THE USE OF THE WEB PLATFORM IS LAWFUL AT YOUR PARTICULAR JURISDICTION. BY ACCESSING OR USING THE WEB PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIONS ARE LAWFUL IN EACH JURISDICTION FROM WHERE YOU ACCESS OR USE THE WEB SITE.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 BETHERE TEAM DOES NOT REPRESENT OR WARRANT THAT THE WEB PLATFORM AND THE BETHERE APP WILL BE ERROR-FREE OR UNINTERRUPTED OR WITHOUT DELAYS OR AVAILABLE AT ANY LOCATION OR THAT, DEFECTS WILL BE CORRECTED OR THAT THE WEB PLATFORM, THE BETHERE APP OR THE SERVER IS FREE FROM ANY MALWARE OR THAT THE RESULTS OF USING THE WEB PLATFORM SHALL MEET YOUR REQUIREMENTS AND EXPECTATIONS.

YOUR RELATIONSHIP BETWEEN YOURSELF AND ANY THIRD PARTY FOUND THROUGH THE WEB PLATFORM IS SOLELY BETWEEN YOU AND SAID THIRD PARTY.YOUR DEALINGS,INCLUDING BUT NOT LIMITED TO BUSINESS DEALINGS, WITH A THIRD PARTY FOUND THROUGH THE WEB PLATFORM IS AT YOUR OPTION AND SOLE RISK.

BETHERE 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 PERMISSABLE BY LAW EXTENT ALL LIABILITY OF BETHERE (COMPANY, EMPLOYEES, MANAGERS, REPRESNTATIVES, DIRECTORS, OFFICERS AND AGENTS) FOR ANY DAMAGES OR LOSSES INCURED TO YOU AS A RESULT OF YOUR ACCESS TO AND USE OF THE BEBUSINESS WEB PLATFORM,BETHERE MATERIAL,USER MATERIAL IS EXPRESSELY EXCLUDED.

SOLELY IN CASE A COURT OF COMPETENT JURISDICTION DECIDES THAT LIABILITY OF BETHERE 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 BETHERE HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OCCURING, 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 WEB PLATFORM AND THE BETHERE APP,DESTRUCTION OF THE SERVER/WEB PLATFORM AND THE BETHERE APP - WILL BETHERE BE LIABLE WITH RESPECT TO : (1) THE WEB PLATFORM (2) BETHERE APP (3) BETHERE MATERIAL (4) USER MATERIAL (5) PERFORMANCE OF THE WEB PLATFORM (6) PERFORMANCE OF THE BETHERE APP (7) YOUR USE OF OR INABILITY TO USE THE WEB PLATFORM(8) ANY ERRORS OR OMISSIONS, INTERUPTION OR DELAY OF OPERATION, MALFUNCTION TECHNICAL OR OTHER OF THE WEB PLATFORM (9) ANY ERRORS OR OMISSIONS,INTERUPTION OR DELAY OF OPERATION,MALFUNCTION TECHNICAL OR OTHER OF THE BETHERE APP (10) DAMAGE TO USER’S EQUIPMENT AND TECHNOLOGY INCLUDING BUT NOT LIMITED TO MALWARE OR SECURITY BREACH DUE TO THE USE OF THE WEB PLATFORM (11) BETHERE FOR BUSINESS ACCOUNT SECURITY BREACH FOR :

ANY OF YOUR LOSSES OR DAMAGES: DIRECT OT INDIRECT, ECONOMIC, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL,MORAL DAMAGES 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, BETHERE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

BETHERE COMPANY IS IN NO WAY OR EVENT RESPOSIBLE 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,INCLUDING BUT NOT LIMITED TO BETHERE APP USERS AND OTHER CLAIMED VENUES BUSINESS OWNERS.

BETHERE COMPANY IS NOT IN ANY WAY LIABLE OR RESPONSIBLE FOR THE ONLINE OR OFFLINE CONDUCT OF ANY USER.

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 BETHERE COMPANY’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 WEB PLATFORM OR ANY WEB SITE,APP,PRODUCT,SERVICE,PROPERTY OR MATERIAL OWNED OR CONTROLLED BY BETHERE COMPANY AND THAT YOU SHALL HAVE NO RIGHTS TO INHIBIT OR LIMIT ANY DEVELOPMENT,PRODUCTION,DISTRIBUTION OR ANY KIND OF EXPLOITATION OF THE PRESENT WEB PLATFORM OR ANY APP,WEB SITE,PRODUCT,SERVICE,PROPERTY OR MATERIAL OWNED OR CONTROLLED BY BETHERE COMPANY OR ITS MANAGERS,OFFICERS,REPRESENTATIVES AND EMPLOYEES.

Waiver

In order for a waiver of compliance with these terms of use to be binding bethere Company 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 bethere Company concerning the use of the bebusiness Web Platform, superseding any prior agreements between you and bethere Company regarding the use of the Web Platform. 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

bethere Company 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 Web Platform at least three (3) days before their effective date, with the exception of the imposition of fees for the provided services, which as described above shall be announced one month prior to becoming effective . We may, but are not obliged to, post an extra notice on bebusiness Web Platform, bethere App and/or on the App’s web site (www.bethereapp.com) or send such notice via the platform, 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 Web Platform 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 Web Platform

bethere Company reserves the right in its sole discretion to update ,modify, suspend or discontinue the bebusiness Web Platform for , any feature of it or any material included, at any time, without prior notice. Should you continue to use the Web Platform after the changes becoming effective, it shall constitute acceptance from your part of said changes. bethere Company also reserves the right to restrict or block your access to the platform 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 bethere Company has provided you with its prior written consent to do so. bethere Company may assign and transfer any and all of its rights and obligations hereunder without your consent.

Indemnification

You agree to indemnify, hold harmless and at bethere Company’s request defend bethere Company, its representatives, directors, suppliers and affiliates, from and against any damages, losses, liabilities, actions, claims and expenses, 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 Web Platform 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 bethere Company in the defense of any claim. You will not in any event settle any relevant claim without the prior written express consent of bethere Company. Bethere Company reserves the right to undertake the exclusive defense and control of any matter otherwise subject to indemnification by you. Bethere Company 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, of the bebusiness Web Platform and of the bethere App.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of United Kingdom. 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 UK Courts and specifically the competent Courts of London 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 bethere for business Web Platform 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. bethere Company 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 bethere Company 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

bethere Company reserves the right to limit the availability of the Web Platform and / or any part of the web platform 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 Web Platform, 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 Company is obliged to any registration requirement.

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

1 Primrose St.

London, EC2A 2EX, UK

Email: bebusiness@bethereapp.com

Headings

Headings used in these Terms of Use are provided for convenience only and shall not be used to construe meaning or intent.

About Stripe Connect – Connected Accounts

Thank you for using Stripe Connect. Stripe Connect allows third-party platform providers to help you create and administer your Stripe account, and may provide additional services directly to you or your customers. This agreement governs your use of Stripe Connect and describes how a platform provider may help you manage your Stripe account. Any platform provider that uses Stripe to accept payments or manage your Stripe account must inform you that it does so.

Stripe Connected Account Agreement

This Stripe Connected Account Agreement is a legal agreement (“Connected Account Agreement”) between you, the person or legal entity (including sole proprietors) that you identified to Stripe on the registration page or provided to a Connect Platform (“Connected Account” or “you”) and Stripe (“Stripe”). Your use of the Stripe Service is subject to your acceptance of the terms and conditions of this Connected Account Agreement. Your continued use of the Stripe Service represents your express consent to the terms and conditions contained in this Connected Account Agreement, including the Stripe Terms of Service (“Stripe ToS”), and updates or modifications that may be made occasionally by Stripe. The Stripe ToS may also incorporate separate agreements with financial services providers (each a “Financial Services Provider”).

This Connected Account Agreement governs your use of Stripe Connect and management of your Connected Account by Connect Platforms. This management includes use and administration of data about you or your transactions provided to Stripe (“Data”) and initiating Activity. As used in this Connected Account Agreement, any action submitted using the Stripe Connect API on behalf of a Connected Account is referred to as “Activity,” which includes initiating charges or Refunds, handling Chargebacks or disputes, and other functions available through Stripe Connect.

You represent to Stripe that all of the information that you provide to us directly or through the Connect Platform is accurate and complete, and that you are authorized to agree to this Connected Account Agreement on behalf of the Connected Account. You agree to the terms and conditions provided in this Connected Account Agreement and to the Stripe ToS, and understand that your use of the Stripe Service and Stripe Connect are subject to your acceptance of these terms and conditions.

1. Relationship to Other Agreements

By using Stripe Connect, including the Stripe Service, you expressly agree to abide by the terms and conditions of this Connected Account Agreement, the Stripe ToS, and to any updates or modifications to either of those documents that may occasionally be made by Stripe. The Stripe ToS is incorporated into this Connected Account Agreement by reference as it relates to your use of the Stripe Service. This Connected Account Agreement contains additional terms and conditions relating to your use of the features of Stripe Connect made available to Connected Accounts. To the extent that there is a conflict between the Stripe ToS and this Connected Account Agreement related to your use of Stripe Connect, this Connected Account Agreement will prevail. Nothing in this Connected Account Agreement alters the terms and conditions of agreements between you and Financial Services Providers. Any capitalized terms that are used but not defined in this Connected Account Agreement are defined in the Stripe ToS.

2. Stripe Connect – Your Connected Account

Stripe Connect allows Connect Platforms to help you integrate Stripe Services into your site or application, and manage your Connected Account. When you sell your goods or services, or receive bona fide charitable donations through a Connect Platform that uses the Stripe Service, the Connect Platform may agree to perform obligations on your behalf, such as web development or hosting services, customer service, processing of refunds, handling consumer complaints, or other Activity. The specific things that a Connect Platform is agreeing to do for you, if any, are determined by your agreement with that Connect Platform. Stripe is not a Connect Platform, and only provides the Stripe Services described in this Connected Account Agreement and the Stripe ToS.

Through Stripe Connect, you can delegate the creation and management of portions of your Connected Account to a Connect Platform. You consent to Stripe’s disclosure of Data (which may include your name and address, and information regarding the transactions that you process through the Stripe Service) to the Connect Platform, Financial Services Providers, and our service providers to facilitate the provision of Stripe Services to you through Stripe Connect. You also consent to Stripe’s use of information provided to Stripe or collected by us as part of providing the Stripe Service for our internal analyses and fraud monitoring. For more information regarding Stripe’s use of your data, please review Stripe’s Privacy Policy.

3. Your Obligations

You agree to comply with all applicable laws or regulations, payment network rules (including the Network Rules), agreements with third parties that are binding on you, and this Connected Account Agreement (including the Stripe ToS) when using Stripe Services. You are solely responsible for, and Stripe disclaims all liability for, the provision of any goods or services sold to your customers or users as part of your use of Stripe Services, and any obligations you may owe to your customers or users. While you may agree to share some liability with the Connect Platform, you are financially liable to Stripe for Chargebacks, Refunds, and any fines that arise from your use of the Stripe Services. These obligations are described in more detail in Section C of the Stripe ToS.

Depending on the Connect Platform, you may have access to directly manage your Connected Account through the Stripe dashboard. If such access is made available to you, you are responsible for all actions taken on your Connected Account through the Stripe dashboard, including the initiation of Refunds or changing of depository bank information. Alternatively, the Connect Platform may manage your account on your behalf.

4. Relationship to Connect Platforms

As part of your use of Stripe Connect, you understand and agree that Stripe and the Connect Platform will share some Data about you and Activity on your Connected Account. This may include information you provide to create your Connected Account to Stripe or the Connect Platform, or information about transactions submitted by your customers to Stripe. Connect Platforms will never have access to full credit card information provided by your customers. You understand and agree that Connect Platforms and Stripe can share such Data to provide services to you.

You designate the Connect Platform as your agent for the limited purpose of processing or accepting payments on your behalf (as a merchant payee) pursuant to a preexisting contract between you and the Connect Platform. You understand and agree that the Connect Platform may provide instructions regarding the delivery of funds to you for the sale of goods or services, or receipt of bona fide charitable donations.

The pricing for your use of Stripe Services with a Connect Platform will depend on your agreement with the Connect Platform. Pricing from the Connect Platform may include fees for your use of the Connect Platform’s services that are separate from fees owed for Stripe Services. Stripe will receive fees for your use of the Stripe Services. The fees for the Stripe Services will not exceed the amounts posted on our web site. In addition, the Connect Platform may charge you fees for the services it provides you. You agree that Stripe will have the right to deduct both Stripe’s fees for Stripe Services and the Connect Platform fees specified to us by the Connect Platform. Stripe does not control and is not responsible for Connect Platform fees charged to you, which are based on your agreement with and use of the Connect Platform. All fees charged to you should be made clear to you in your agreement with each Connect Platform.

If enabled by the Connect Platform, you will have the option to receive funds sent to your payment card (such as a debit or reloadable card). Receipt of funds to your payment card is not available through all Connect Platforms. Any such payments made to your payment card are provided through Cross River Bank, a New Jersey-chartered and FDIC-insured bank, upon receiving instructions from Stripe. Cross River Bank is obligated to pay you on receipt of a payout instruction from Stripe under the provisions of the agreement between Cross River and Stripe. Cross River Bank, not Stripe, will transfer the resulting funds to your payment card. The Connect Platform will communicate any fees charged to you for funds transferred to your payment card.

5. Limitations on Stripe’s Liability

Stripe is not responsible for the acts or omissions of any Connect Platform in providing services to you or your customers, nor is Stripe responsible for your obligations to your customers (including but not limited to properly describing the nature of or delivering the goods or services being sold to your customers). You are solely responsible for, and Stripe expressly disclaims all liability for, your complying applicable laws and obligations related to your provision the goods or services to your customers, or receipt of bona fide charitable donations. This may include providing customer service, notification and handling refunds or consumer complaints, provision of receipts, registering your legal entity, or other actions not related to the Stripe Services. You agree to indemnify Stripe for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your customers.

6. Other General Legal Terms

  • a. Term, Termination, and the Effects of Termination: The term of this Connected Account Agreement will begin when you register your Connected Account with a Connect Platform and will end when terminated by you or by Stripe, as described in this Connected Account Agreement. You may terminate this Connected Account Agreement at any time by providing notice to Stripe and immediately ceasing your use of Stripe Connect. However, if you commence using Stripe Connect again, you are consenting to this Connected Account Agreement. Stripe may terminate this Connected Account Agreement (a) where you are in breach of this Connected Account Agreement and fail to cure the breach upon 30 days’ notice by Stripe (such notice only being required if curing the breach is feasible); (b) upon 120 days’ notice for any reason; (c) where the Connected Account is the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding; or (d) where required to do so by demand of Financial Services Providers, the Card Networks, or under court or legal order.
  • Section 5 and all provisions giving rise to continuing obligations will survive termination of this Connected Account Agreement. As stated above, the Stripe ToS governs your use of Stripe Services, so the termination of this Connected Account Agreement will not immediately trigger termination of the Stripe ToS. All obligations in the Stripe ToS will only be terminated when done so under the terms and conditions of the Stripe ToS.
  • b. Governing Law, Disputes, and Interpretation: The provisions of the applicable Stripe ToS governing applicable law (jurisdiction), location of suits and disputes (venue), and any method for dispute resolution are incorporated into this Connected Account Agreement by reference. Headings are included for convenience only, and should not be considered in interpreting this Connected Account Agreement. This Connected Account Agreement does not limit any rights of enforcement that we may have under trade secret, copyright, patent, or other laws. Our delay or failure to assert any right or provision under this Connected Account Agreement does not constitute a waiver of such right or provision. No waiver of any term of this Connected Account Agreement will be deemed a further or continuing waiver of such term or any other term.
  • c. Right to Amend: Stripe may amend this Connected Account Agreement upon notice to you, which may be provided through email, the Stripe dashboard, or Stripe’s web site. You agree that any changes to this Connected Account Agreement will be binding on you within 7 days of such notice. If you elect to not accept the changes to this Connected Account Agreement, you must (a) provide notice to Stripe and (b) immediately cease using Stripe Connect. Where no such notice is provided or where you continue to use Stripe Connect, you agree that you are consenting to any such changes to the Connected Account Agreement.
  • d. Assignment: You may not assign or attempt to assign this Connected Account Agreement without the express consent of Stripe in advance. While we will generally consent to such an assignment where we consider it reasonable, we are not required to and will deny requests where such an assignment would violate this Connected Account Agreement (such as assignment to a prohibited business) or would pose a material risk to Stripe or our partners.
  • e. Entire Agreement: This Connected Account Agreement constitutes the entire agreement between you and Stripe with respect to Stripe Connect. Except where expressly stated in a separate agreement duly executed by Stripe, if there is any conflict between this Connected Account Agreement and any other Stripe agreement related to Stripe Connect, this Connected Account Agreement will prevail. Keep in mind, however, that with regard to your use of the Stripe Services for your own purposes (i.e. to receive payment for products or services you provide), the Stripe ToS will prevail. These terms and conditions describe the entire liability of you and Stripe, and set forth your exclusive remedies with respect to Stripe Connect. If any provision of this Connected Account Agreement (or portion thereof) is held to be invalid or unenforceable under applicable law, then it should be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Thank you and welcome to Stripe Connect!