Discovering Coffee – Privacy Notice
Last updated: 18th February 2020
This is a plain English summary of our Terms of Service written in non-legal language. It is only an outline of the complete Terms of Service. By using the Services, you agree to the complete Terms of Service below.
- Discovering Coffee allows you to discover coffee shops and other independent cafes nearby, using your location, and to review them, and get special offers.
- Discovering Coffee requires you to make an account using facebook login if you want to save places or add reviews.
- We would love (really!) to get feedback and suggestions from you. Additionally, if you have any problems or questions, please contact us through the app or our social media channels, and we’ll get back to you as soon as possible.
The Full Terms of Service
Discovering Coffee. (“Discovering Coffee”, or “us”, “our”, “we”, “Discovering Coffee”) provides a mobile application (the “App”) for discovering independent and specialty coffee shops (“Coffee Shops”). These Terms of Service (“Terms”) govern your access and use of the App, our website (the “Site”), located at www.DiscoveringCoffee.com, and other services that we may provide (collectively, the “Services”). “User” or “you” means an individual or entity end user of the Services.
Use of Services
Discovering Coffee allows you to access and use the Services, subject to these Terms, for your own personal use. You may not use the Services in connection with any other commercial endeavor. You may not create more than one account per individual or mobile device, and you may not access any account other than your own. Discovering Coffee may, in its sole discretion and at any time, discontinue providing the Services or any part thereof without notice.
Use of and access to the Services is void where prohibited by law. By using the Services, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Services and (d) your use of the Services does not violate any applicable law or regulation or any obligation.
You may register to use the Service by verified email address or by connecting through Facebook. By registering through a Facebook account you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to the terms and conditions of those services. We may terminate your use of the Service without notice if others use your account inappropriately by others, or if you or anyone using your account violates these Terms. If your account is terminated, you may not rejoin the Service again without our express permission. You agree to immediately notify us of any unauthorized use of your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if you were not aware of or did not authorize such activities. Discovering Coffee will not be liable for any losses or damage arising from unauthorized use of the Service, and you agree to indemnify and hold Discovering Coffee harmless for any improper or illegal use of the Service, and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com that your account has been compromised. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.
Termination of Account
You agree that Discovering Coffee may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Services any content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) unreasonable use of the Plan (as defined below), (iv) fraudulent, harassing or abusive behavior, or (v) behavior that is harmful to other users, third parties, or the business interests of Discovering Coffee.
If Discovering Coffee believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal or inappropriate use of the Services.
You may request termination of your Discovering Coffee account at any time and for any reason by sending an email to firstname.lastname@example.org. Any suspension, termination, or cancellation shall not affect your obligations to Discovering Coffee and its licenses under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
The availability and selection of eats or other items will vary from Coffee Shop to Coffee Shop. While we take care in the selection of our Coffee Shop partners, we are not responsible for Coffee Shop customer service or the pricing, quality, availability, or accuracy of descriptions of food or other menu items that Coffee Shops may offer.
The App will suggest nearby Coffee Shops or, If location services on your device are disabled, the App will list Coffee Shops in alphabetical order.
Notwithstanding the foregoing, Discovering Coffee cannot and does not take any responsibility or liability in respect of the quality of any of the drinks and/or other products provided in any Coffee Shops and/or by any third parties. Discovering Coffee cannot and does not take any responsibility or liability in respect of actions, errors or omissions of any Coffee Shops and/or by any third parties. Discovering Coffee is a discovery app for specialty and independent coffee shops near you.
Discovering Coffee and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sub-license, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services or any information, materials, forms, and data available through or displayed on the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Discovering Coffee or any third party.
Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) decipher, decompile, disassemble, or reverse engineer or attempt to find the underlying code of the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (c) use the Services in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval services, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (e) harvest, collect or mine information about other users of the Services; (f) use or access the account or password or another User; (g) modify the Services, or in any other way manipulate the Services; or (h) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Services except as expressly permitted by these Terms.
Disclaimers and Disclaimer of Warranty
Your use of the Services is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Discovering Coffee. You should always check any information provided through the Services to ensure its accuracy. Discovering Coffee EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Services, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Discovering Coffee DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Services; OR (II) THAT THE Services WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Services.
Content on the Services originates from a variety of sources, including Google Maps. Discovering Coffee attempts to be as accurate as possible. HOWEVER, Discovering Coffee DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice (including after you have submitted an order).
WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS) OR OF ANY PERSONS WORKING OR REPRESENTING THE COFFEE SHOPS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
No advice or information, whether oral or written, obtained by you from Discovering Coffee, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Discovering Coffee content and Coffee Shop information is made available to users for information purposes only. While we make our best efforts to keep Coffee Shop information up-to-date, we cannot make any guarantees of its completion or accuracy. We still welcome feedback from users about the content of Discovering Coffee.
Limitation of Liability
IN NO EVENT SHALL Discovering Coffee OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Services OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE Services, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Discovering Coffee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL Discovering Coffee’ CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO Discovering Coffee FOR USE OF THE Services. IF YOU HAVE NOT MADE ANY PAYMENTS TO Discovering Coffee FOR THE USE OF THE Services, THEN Discovering Coffee SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
In addition to the foregoing, Discovering Coffee assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure. Discovering Coffee is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Services. UNDER NO CIRCUMSTANCES SHALL Discovering Coffee BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
You agree to indemnify, defend, and hold harmless Discovering Coffee and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services, including, without limitation, provision of services in connection with the Services shall be in compliance with all applicable laws, regulations and guidelines.
App Stores: Apple
The following terms apply if you purchased a copy of the App through the Apple App Store. Apple is not responsible for addressing any claims related to the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) claims that the App infringes the intellectual property rights of any third party. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your use of the Services, the Site and the App may also be subject to other local, state, and federal laws. Any action to be brought in connection with these Terms or the Services shall be brought exclusively in the courts in Israel and you irrevocably consent to their jurisdiction. Any cause of action against Discovering Coffee must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Discovering Coffee or authorizes you to act on behalf of Discovering Coffee. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Discovering Coffee and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account or account of any social networking site that you provided upon registration.
Discovering Coffee respects your right to privacy. Your ability to make informed choices about the uses of your information is important to us. This section provides detail on how we collect, use and store information and data that we receive. If you have any comments or questions about our privacy policies, please contact us at email@example.com.
Information We Collect
“Personal Information” means information that can be directly associated with a specific person or entity such as a name, telephone number, e-mail address, or information about activities directly linked to a person, such as that person’s location. Examples of the Personal Information that we collect from you include your name, location, and e-mail address. It is your voluntary decision whether to provide us with any such Personal Information, but if you refuse to provide such information we may not be able to register you to use the Services.
In order to use our Services, you will be required to register and provide us with certain Personal Information. We also collect Personal Information when you make use of the Services or contact us for any other reason. We also collect the location of your mobile device when the Services are operating. If you log in to the Services through Facebook Connect, or another social network, we may also receive personal information about you from those networks.
How We Use Information
Except as expressly set forth herein, we will not share your Personal Information with third parties without your explicit permission, except when required by law, regulation, subpoena or court order. We may use Personal Information internally – for example, to help diagnose problems with our servers, to make Discovering Coffee more useful, to customize Discovering Coffee and personalize its content for you.
In addition, by analyzing all information we receive, including all information concerning users, we may compile statistical information across a variety of mobile applications and users (“Statistical Information”). Statistical Information helps understand trends and customer needs so that new products and services can be considered and so existing products and services can be tailored to customer desires. Statistical Information is anonymous and we will not link Statistical Information to any Personal Information. We may share such Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.
How we Protect Information
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will delete any information provided to us by a user upon the receipt of a written (including via email) request by such user.
Third Party Sites and Applications
Portions of the Services (including, without limitation, advertisements) may involve linking to or using web sites or applications belonging to third parties. The Services may also provide you with links to access the sites of third party vendors or retailers. We have no control over third-party sites or applications, and all use of third-party sites or applications is at your own risk. Additionally, Discovering Coffee cannot accept responsibility for any payments processed or submitted through such third party sites or applications, or for the privacy policies of any such sites. Discovering Coffee is not responsible for content or available by means of such sites or applications. Discovering Coffee does not endorse any products or offered by third parties and we urge our users to exercise caution in using third-party sites or applications.
The Services are not intended for use by anyone under the age of 13, or any other person that is a minor under applicable law. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SERVICES. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
Updating, Reviewing or Correcting Information
You may update, review or correct the Personal Information on the App, Site or Services, at any time e-mailing us at firstname.lastname@example.org.
Other Uses or Transfer of Your Information
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or digital content of any user suspected to have engaged in illegal or infringing behavior.
In providing the Services, we may use subcontractors that are located in countries other than your own, and send them information we receive. For example, we may send your information to any countries outside Israel, the United States or the European Union. All our subcontractors will be subject to non-disclosure and non-use obligations. Nevertheless, the level of protection for personal and other information varies from jurisdiction to jurisdiction. Protections in jurisdiction in which we operate may not be as extensive as your country of residence or business.
We may transfer our databases containing your Personal Information if we sell our business or part of it.