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TERMS OF USE

Last revised on July 25, 2023

Introduction

Service Provider

These Terms of Use are between you and Bluteshi Ltd ("Bluteshi"), Silverstream House 45 Fitzroy Street, 4th Floor, Fitzrovia, London, England, W1T 6EB.

The terms (“us”, “we”, the “Company” or “Ganddee”) refer to Bluteshi.

Acceptance of Terms of Use Agreement

The following Terms of Use (the "Terms") create a legal agreement between you (”you” or “User”) and Ganddee. Please read these Terms carefully as they govern your use of (which includes access to) Ganddee’s services for discovering shops, restaurants, bars, and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the “Ganddee Service" or “Service”) and other material that is made available through the Ganddee Service (the "Content").

Use of the Ganddee Service may be subject to additional terms and conditions presented by Ganddee, which are hereby incorporated by this reference into these Terms.

BY SIGNING UP FOR, OR OTHERWISE USING, THE GANDDEE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST NOT USE THE GANDDEE SERVICE OR ACCESS ANY CONTENT.

Age and Eligibility Requirements

In order to use the Ganddee Service and access any Content, you need to (1) be 16 years of age (or the equivalent minimum age in your home country) or older, (2) have parent or guardian consent if you are a minor in your home country; (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Service is available. You also promise that any registration information that you submit to Ganddee is true, accurate, and complete, and you agree to keep it that way at all times. If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. If you do not meet the minimum age requirements then Ganddee will be unable to register you as a user.

The Ganddee Service Provided by Us

Ganddee Service Options

We provide numerous Ganddee Service options. Certain Ganddee Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties. We will explain which services are available to you when you are signing up for the services.

Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). By using a Ganddee Service via a Trial, you agree to the Ganddee Service terms.

Third-Party Applications, Devices and Open Source Software

The Ganddee Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Ganddee does not guarantee that Third-Party Applications and Devices will be compatible with the Ganddee Service.

Service Limitations and Manifestations

We use reasonable care and skill to keep the Ganddee Service operational and to provide you with a brilliant discovery experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example: The Ganddee Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements. We aim to evolve and improve our services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Ganddee Service (including particular functions, features, subscription plans and promotional offerings). Ganddee has no obligation to provide any specific content through the Ganddee Service, and Ganddee may remove particular places, restaurants, shops, cafes and other Content without notice. Ganddee has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.

Ganddee may use third party services and subcontractors to help provide the Ganddee Service.

Your Use of the Ganddee Service

Creating a Ganddee account

You may need to create a Ganddee account to use all or part of the Ganddee Service. If you create an account with us you must register using correct and up to date information and you agree that (1) it is your responsibility to ensure that such information, including your contact details, remains up-to-date and accurate so that we can communicate and transact with you; and (2) if you do not receive a notification or communication from us because your contact details are incorrect or out of date, we will be deemed to have notified you. Notify us at privacy@bluteshi.com immediately if you believe there has been unauthorized access to your account. Ganddee may reclaim, or require you to change your username for any reason.

Your rights to use the Ganddee Service

Access to the Ganddee Service

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Ganddee Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Ganddee. You agree that you will not redistribute or transfer the Ganddee Service or the Content. The Ganddee software applications and the Content are owned in whole by Ganddee and Ganddee retains ownership of all Ganddee software applications and Content even after installation on your Devices.

Restrictions

You must not:

(a)     remove, obscure or alter any copyright notices, trademarks, or any other proprietary rights or legal notices, documents or hyperlinks that may appear in or be provided through the Ganddee Service;

(b)     copy and/or modify Content in the Ganddee Service, use the Ganddee Service to create or enhance another mapping-related service or product, or access or use the Ganddee Service in any manner that attempts to copy, extract, scrape or reutilize any portions of Content provided by the Ganddee Service, or the creation of any databases based upon results from the Ganddee Service;

(c)     combine, sell, redistribute, reproduce, modify, translate, or create a new product or derivative work of the Ganddee Service or any portion thereof;

(d)     decompile, decrypt, reverse engineer, disassemble, or attempt to derive the source code of, the Ganddee Service or any portion thereof (except as and only to the extent this restriction is prohibited by applicable law or by licensing terms governing the use of any FOSS components that may be included with the Ganddee Service);

(e)     rent, lease, loan, sublicense, publish, transfer, sell, market, advertise or redistribute access to or use of the Ganddee Service, or any portion thereof, in any manner;

(f)      exploit the Ganddee Service in violation of these Terms or in any unauthorized way whatsoever, including, but not limited to, using the Ganddee Service to transmit any computer viruses, worms, trojan horses or other malware, or by trespass, burdening network capacity, improperly manipulating and/or falsifying Content within the Ganddee Service, or otherwise interfering with other users’ enjoyment of the Ganddee Service;

(g)     use the Ganddee Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and you agree that Ganddee is not in any way responsible for any such use by you;

(h) manipulate ratings, reviews or any other Content via any means such as (i) through the use of a bot, script, or automated process, or (ii) by providing or accepting any kind of compensation or incentive; or

(i)  use or export or re-export any Content, or any copy or adaptation of such Content, offered in the Ganddee Service, in violation of any applicable laws or regulations, including without limitation United States, member States of the European Union, and any other relevant country’s export laws and regulations.

Ganddee's Proprietary Rights

You agree that the Ganddee Service and any Content included therein is owned or licensed by Ganddee and/or its licensors and suppliers, and is protected by applicable intellectual property and other laws, including, but not limited to, copyright, patent, trademark, and trade secret, and that you will not use the Ganddee Service or Content in any way whatsoever that is inconsistent with these Terms of Use or that infringes any intellectual property rights of Ganddee or any third party. No portion of the Ganddee Service, including any Content therein, may be reproduced in whole or in part and you may be held liable for any such unauthorized copying or disclosure.

All Ganddee trademarks, service marks, trade names, logos, domain names, and any other features of the Ganddee brand ("Ganddee Brand Features") are the sole property of Ganddee or its licensors. These Terms do not grant you any rights to use any Ganddee Brand Features whether for commercial or non-commercial use. You agree to not to use the Ganddee Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.

Use of Service; Privacy

When you turn on or use the Ganddee Service, additional details may be available regarding what information is sent to Ganddee and how the information may be used.

Ganddee’s Privacy Policy applies to use of the Ganddee Service, and its terms are made a part of these Terms of Use by this reference. At all times your information will be treated in accordance with Ganddee’s Privacy Policy, which can be found at: https://www.ganddee.com/privacy.

Payments and Cancellations

Billing

You may purchase a Paid Subscription directly from Ganddee or through a third party either by: paying a subscription fee in advance on a monthly basis or pre-payment giving you access to the Ganddee Service for a specific time period ("Pre-Paid Period") e.g. annually. If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of the Ganddee Service in addition to these Terms.

Price and tax changes

Ganddee may from time to time change the price for the Paid Subscriptions, including recurring subscription fees, and the Pre-Paid Period (for periods not yet paid), and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the Ganddee Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect. Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information you provide.

Renewal and Cancellation

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Ganddee or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Ganddee Service. We do not provide refunds or credits for any partial subscription periods.

User Generated Content

Certain parts of the Service allow users to post, upload, publish, submit or transmit content. By contributing such User Generated Content (UGC), you agree to abide by our UGC Terms, which are incorporated into these Terms of Use.

Problem and Disputes

Suspending and terminating the Ganddee Service

These Terms will continue to apply to you until terminated by either you or Ganddee. Ganddee may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Ganddee Service at any time if we believe you have breached any of these Terms, if we stop providing the Ganddee Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or Ganddee terminate these Terms, or if Ganddee suspends your access to the Ganddee Service, you agree that Ganddee shall, subject to applicable laws, have no liability or responsibility to you or to any third party, and (except as expressly provided in these Terms) Ganddee will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using the Ganddee Service.

Warranty disclaimers

Ganddee will provide the Ganddee Service using reasonable care and skill and in accordance with any specification of the Ganddee Service provided by Ganddee, however, subject to that, the Ganddee Service is provided "as is" and “as available”, without any warranties of any kind, whether express, implied, or statutory. Further, Ganddee disclaim any express, implied, and statutory warranties regarding the Content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Ganddee does not warrant that the Ganddee Service or Content is free of malware or other harmful components. In addition, Ganddee makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Ganddee Service or any hyperlinked website, and Ganddee is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from Ganddee shall create any warranty on behalf of Ganddee.

Limitation of Liability

Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Ganddee Service is to uninstall any Ganddee software and to stop using the Ganddee Service. You agree that Ganddee has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Ganddee Service, and while your relationship with third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to Ganddee, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications. In no event will Ganddee, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Ganddee Service, devices, third-party applications, or third-party application content; or (3) aggregate liability for all claims relating to the Ganddee Service, third-party applications, or third-party application content.

Indemnity

Upon Ganddee’s request, you agree to indemnify and hold Ganddee, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, contractors, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) arising out of your violation of these Terms of Use and/or use of the Ganddee Service or Content.

Third Party Rights

You acknowledge that the owners of Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms. Other than as set out in this section, these Terms do not grant rights enforceable by any person who is not a party to them.

If you have downloaded any of our mobile applications (“Apps”) from the Apple App Store, Google Play Store, or other authorized app store, you acknowledge that you have read, understood, and agree to the following notice regarding the applicable store.

These Terms are between you and Ganddee only, and not with Apple, Google, or any other app store provider. The app store providers are not responsible for the Ganddee Service and the content thereof. The app store providers have no obligation to furnish any maintenance and support services with respect to the Ganddee Service.

In the event of any failure of the Ganddee Service to conform to any applicable warranty, you may notify the applicable app store provider, and their terms and policies will determine if you are eligible for a refund for the App. To the maximum extent permitted by applicable law, the app store providers have no other warranty obligation whatsoever with respect to the Ganddee Service.

The app store providers are not responsible for addressing any claims by you or any third party relating to the Ganddee Service or your possession and use of the Ganddee Service, including (1) product liability claims; (2) any claim that the Ganddee Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement.

You agree to comply with any applicable third-party terms when using the Ganddee Service. The app store providers are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

About these Terms

We may make changes to these Terms (including any additional Ganddee terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Ganddee Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other Ganddee terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of the Ganddee Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the Ganddee Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

Governing Law & Jurisdiction

These Terms, the Service and any information contained in, or obtained from, it will be governed by and construed in accordance with the laws of England and Wales. All disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Ganddee, these Terms constitute all the terms and conditions agreed upon between you and Ganddee and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

Severability and Waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Ganddee or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Ganddee's or the applicable third-party beneficiary's right to do so.

Assignment

Ganddee may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.

This does not affect the third party rights expressly provided in these Terms.

Feedback and Information

Any feedback you provide on the Ganddee Service or Content shall be deemed to be non-confidential. Ganddee shall be free to use such information on an unrestricted basis.

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