Bebop - Terms and Conditions & Privacy Policy

1. Contractual Relationship

Bebop provides an online marketplace connection using web-based technology that connects you with consumers, restaurants, and other businesses and independent delivery contractors (“Contractors”). Bebop software permits consumers to place orders for food and other goods from various restaurants and businesses for delivery or pickup (the “Software”). Once an order is placed for a delivery order, the Software notifies Contractors that a delivery opportunity is available, and the Software facilitates the completion of the delivery to the consumer. Once a pickup order is made, the Software communicates with the customer regarding the availability of the order for pickup. Bebop is not a restaurant, delivery service, or food preparation business.

If you access any of our websites located at https://bebopmd.com/, install or use our Bebop software, install or use any other software supplied by Bebop, or access any information, function or service available or enabled by Bebop (each, a “Service” and collectively, the “Services”), or complete the Bebop account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) as a result of this represent and warrant that:

The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you disagree to be bound by the Agreement, you may not access or use the Services.

2. The Services

The Services constitute a technology platform that enables users of Bebop or websites provided as part of the Services (each an “Application”) to arrange and schedule transportation and logistics services with independent third-party providers of such services, including independent third-party transportation providers and independent third-party logistics providers under Agreement with Bebop or certain of Bebop Affiliates (“Third Party Providers”). Unless otherwise agreed by Bebop in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT BEBOP DOES NOT PROVIDE TRANSPORTATION, LOGISTICS SERVICES, OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY BEBOP OR ANY OF ITS AFFILIATES.

3. Modifications

Subject to Section 12(k) of this Agreement, Bebop reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitute your Agreement to such changes.

4. Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information per Bebop Privacy Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional Bebop policies for Users published on our website or mobile application. Certain features of our Services may be subject to other terms and conditions incorporated herein by reference.

5. Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:

If we believe or determine that you have breached any of those mentioned above, we reserve the right to suspend and permanently deactivate your account at our sole discretion.

6. Contractors and Merchants Are Independent

You understand and agree that Bebop provides a technology platform connecting you with independent food service providers and others that deliver the products offered through the Services (“Merchants”) and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that Bebop does not itself prepare food or offer delivery services and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. According to this Agreement, the Merchant is the retailer; the services provided by Bebop do not include any retail or food preparation services. Bebop is not in the delivery business, nor is it a common carrier. Bebop provides a technology platform facilitating the transmission of orders by Users to Merchants for pickup or delivery by Contractors. Bebop will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that Bebop is not responsible for the Merchants’ food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the food prepared by the Merchants and delivered by the Contractor and does not verify Merchants’ compliance with applicable laws or regulations. Bebop has no responsibility or liability for acts or omissions by any Merchant or Contractor.

You agree that the Merchant will prepare the goods that you purchase you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor Bebop holds title to or acquires any ownership interest in any goods you order through the Services.

7. User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at other times when you use the Services and update the information to keep it current and done. You are the sole authorized user of any account you create through the Services. You are solely and entirely responsible for all activities under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your user status and may not assign or otherwise transfer your User account to any other person or entity. You will notify Bebop immediately if you suspect any unauthorized party may be using your password or account. Bebop will not be liable. You may be responsible for losses, damages, liability, expenses, and fees incurred by Bebop or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. Suppose you provide any information that is untrue, inaccurate, not current, or incomplete, or Bebop has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete. In that case, Bebop has the right to suspend or terminate your account and refuse all current or future use of the Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use Bebop services. You agree not to create an account or use the Services if Bebop has previously removed you or if you have been previously banned from use of the Services.

8. User Content

Bebop may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content you submit, post, and transmit through the Services. You further represent and warrant that any User Content that you submit, post, and otherwise send through the Services:

You, as a result of this grant Bebop a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and otherwise use the User Content in connection with Bebop business and all forms now known or hereafter invented (“Uses”), without notification to and approval by you. You further grant Bebop a license to use your username, first name, last initial, and other User profile information, including, without limitation, your rating history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to Bebop herein shall survive termination of the Services or your account. Bebop reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that Bebop may monitor and delete your User Content (but does not assume the obligation) for any reason at Bebop sole discretion. Bebop may also access, read, preserve, and disclose any information as Bebop reasonably believes is necessary to

9. Communications with Bebop

By creating a Bebop account, you electronically agree to accept and receive communications from Bebop, Contractors, or third parties providing services to Bebop, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Bebop. You understand and agree that you may receive communications generated by an automatic telephone dialing system that will deliver prerecorded messages sent by or on behalf of Bebop, its affiliated companies, and Contractor, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing Settings in your account. To opt out of receiving promotional text messages from Bebop, you must reply “STOP” from the mobile device receiving the messages. For clarity, delivery text messages between you and delivery personnel are transactional, not promotional.

10. E-SIGN Disclosure

By creating a Bebop account, you also consent to use an electronic record to document your Agreement. You may withdraw your consent to using the electronic record by emailing Bebop at privacy@bebopmd.com with “Revoke Electronic Consent” in the subject line.

To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy or to update our records of your contact information, email Bebop at privacy@bebopmd.com with contact information and your mailing address.

11. Intellectual Property Ownership

Bebop alone (and its licensors, where applicable) shall own all rights, title, and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services or any intellectual property rights owned by Bebop. Bebop names, Bebop logos, and the product names associated with the Software and Services are trademarks of Bebop or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Software or the Services.

12. Payment Terms

Prices & Charges.

You understand that:

You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on Bebop income). All payments will be processed by Bebop or its payments processor using the preferred payment method designated in your account. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in-store totals. In those situations, Bebop reserves the right to charge your payment method the final price after checkout. Suppose the charge to your payment method may incorrectly differ from the total amount, including subtotal fees and gratuity, displayed at checkout and after gratuity is selected. In that case, Bebop reserves the right to make an additional charge to your payment method after the initial cost so that the total amount charged is consistent with the total amount displayed to you at checkout and after gratuity is selected. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file to help prevent any interruption to your Use of the Services. This includes our right to charge any card on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date.

13. DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FULLEST EXTENT OF LAW THAT YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BEBOP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.

BEBOP DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BEBOP SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

14. LIMITATION OF LIABILITY

(a) General. You understand and agree that a vital element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities outlined in this Section 14 to keep the Software and Services simple and efficient and low costs for all Users.

(b) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, BEBOP AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS PAID BY AND DUE FROM YOU TO BEBOP IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

(c) Disclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW, BEBOP SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC ADVANTAGE). THE PRECEDING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY BEBOP FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.

15. Indemnity

You agree to indemnify and hold harmless Bebop and its officers, directors, employees, agents, and affiliates (each an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, attorneys’ fees, that may be incurred by an Indemnified Party arising out of, relating to or resulting from

In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney’s fees incurred by the Indemnified Party. Bebop reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Bebop in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Software or Services. You agree that the provisions in this Section will survive any termination of your account, this Agreement, or your access to the Software and Services.

16. Termination

If you violate this Agreement, Bebop may respond based on several factors, including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

In addition, at its sole discretion, Bebop may modify or discontinue the Software or Service or may modify, suspend, or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, Bebop reserves the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

17. Third-Party Services and Content

(a) Third-Party Websites, Applications, and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, Bebop will not warn you that you have left the Bebop website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of Bebop. Bebop is not responsible for any Third-Party Websites, Third-Party Applications, or Third-Party Advertisements. Bebop does not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Websites & Advertisements or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data-gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

(b) App Stores. You acknowledge and agree that the Software and the Services’ availability depends on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and Bebop and not with the App Store. Bebop, not the App Store, is solely responsible for the Software and the Services, including the mobile application(s), the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating to that (e.g., product liability, legal compliance or intellectual property infringement). To use the Software and the Services, you must have access to a wireless network and agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Software or the Services. You agree to comply with, and your license to use the Software and the Services is conditioned upon your compliance with, all applicable third-party terms of Agreement (e.g., the App Store’s terms and policies) when using the Software or the Services. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country. You represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.

18. Governing Law - Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BEBOP AND LIMITS HOW YOU CAN SEEK RELIEF. SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.“

(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Bebop or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Bebop as a User of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Bebop may seek equitable relief in court for infringement or other misuses of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

CASES HAVE BEEN FILED AGAINST BEBOP—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

SUPPOSE YOU AGREE TO ARBITRATION WITH BEBOP. IN THAT CASE, YOU AGREE IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST BEBOP IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

19. Social Media Guidelines

Bebop maintains certain social media pages to benefit the Bebop community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines.

20. Internet Delays

The Software and Services may be subject to limitations, delays, and other problems in using the Internet and electronic communications. Except as outlined in Bebop Privacy Policy or as otherwise required by applicable law, Bebop is not responsible for any delays, delivery failures, damage, loss, or injury resulting from such problems.

21. Procedure for Making Claims of Copyright Infringement

It is Bebop policy to terminate the membership privileges of any User who repeatedly infringes copyright upon prompt notification to Bebop by the copyright owner or the copyright owner’s legal agent. Without limiting the preceding, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

Contact information for Bebop Copyright Agent for notice of claims of copyright infringement is as follows: General Counsel, innovative solutions for innovation Inc. Baltimore, Maryland, USA.

22. General

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Bebop, or any third-party provider resulting from this Agreement or using the Software or Services.

(b) Choice of Law. This Agreement is governed by the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

(d) Consumer Complaints. Per California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

(e) Accessing and Downloading the Application from iTunes. The following applies to any Software accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):

23. Notice

Where Bebop requires that you provide an email address, you are responsible for providing Bebop with your current email address. Suppose the last email address you provided to Bebop is invalid or unable to deliver any notices required or permitted by this Agreement. In that case, Bebop will dispatch the email containing such information, nonetheless, constitute adequate notice. Such notice shall be deemed delivered on the next business day after Bebop receives the email. You may give notice to Bebop through the following web form: https://help.bebopmd.com/consumers/s/contactsupport.

24. Electronic Communications

For contractual purposes, you (1) consent to receive communications from Bebop in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bebop provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your current contact information, including your email address. This subparagraph does not affect your statutory rights.

25. Refunds

No Refunds: Charges you pay for completed and delivered orders are final and non-refundable. Bebop has no obligation to provide refunds or credits but may grant them, in each case, at Bebop sole discretion—fees for Services. Bebop may change the costs for our Services as necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, and Surge Fees. Bebop may also charge merchants fees on orders you place through the Services, including commissions and other fees. We may change those merchant fees as necessary or appropriate for our business or comply with applicable law.

26. Transactions Involving Alcohol

You may have the option to request delivery of alcohol products in some locations and from certain Merchants. If you receive your delivery in the United States, you agree only to order alcohol products if you are 21 or older. If you receive your delivery in another country, you agree only to order alcohol products if you are of legal age to purchase alcohol products in the relevant jurisdiction. You also agree that, upon delivery of alcohol products, you will provide valid government-issued identification proving your age to the Contractor delivering the alcohol products and that the recipient will not be intoxicated when receiving such products. If you order alcohol products, you understand and acknowledge that neither Bebop nor the Contractor can accept your order of alcohol products. The order will only be delivered if the Merchant accepts your order. The Contractor reserves the right to refuse delivery if you are not 21 years old, if you cannot provide a valid government-issued I.D., if the name on your I.D. does not match the name on your order, or if you are visibly intoxicated. If the Contractor cannot complete the delivery of alcohol products for one or more of these reasons, you are subject to a non-refundable $20 restocking fee.

27. Internet Delays

The Software and Services may be subject to limitations, delays, and other problems in using the Internet and electronic communications. Except as outlined in Bebop Privacy Policy or as otherwise required by applicable law, Bebop is not responsible for any delays, delivery failures, damage, loss, or injury resulting from such problems.

28. Orders

(1) When you place an Order with Bebop, Bebop will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g., goods and services tax, value-added tax).

(2) Minimum Order Value - Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you can pay the difference to meet the MOV or add more Goods to your order.

(3) Special Instructions – Bebop and the Vendor (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible, or commercially reasonable, Bebop and the Vendor reserve the right to prepare the order according to standard operating procedures. Neither Bebop nor the Vendor shall be responsible for replacing or refunding an Order which does not conform to special instructions provided by you.

(4) Allergens – Bebop is not obligated to provide ingredient or allergen information on the Platforms. Further, Bebop does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions, or dietary restrictions and requirements, please get in touch with the Vendor before placing an Order on our Platforms.

(5) Please note that your order may be subject to additional terms and conditions provided by the Vendor.

(6) Before placing the Order

(7) Placing the Order

To complete an Order, follow the onscreen instructions after clicking ‘Checkout.’ You must review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable), is true, accurate, and complete before you click “PLACE ORDER.” You may be required to provide additional details for us to complete your order. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

(8) Cancelling an Order

(9) Bebop reserves the right to cancel any Order and suspend, deactivate, or terminate your Bebop account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Bebop account and with your order.

29. Delivery, Pickup, and Vendor Delivery

(1) Delivery Areas

By entering your delivery address on the Platforms, you will see the Vendors we make available to you at that time. You understand that our Vendors offer their Goods in specific delivery areas, and our Vendors vary from delivery area to delivery area. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.

(2) Delivery Time

(3) Unsuccessful or Failed Deliveries

(4) Wrong Order, Missing Items, Defective Goods

Upon receipt of your order, if you discover issues with your order (e.g., wrong order, defective order, or missing items), please immediately contact customer support via one of the methods indicated in Clause 1.3 above. In some cases, Bebop may request photographic proof and additional information to investigate the issue with your order correctly. If we determine that the Order and Goods you received are unsatisfactory condition or quality, we will compensate you for your order or parts of your order.

(5) Order Pickup

(6) Vendor Delivery

Sometimes, our Vendors will deliver the order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in case of issues or delays in your delivery. Bebop shall not be responsible in any way for Orders or Goods that Vendors deliver.

30. Vouchers, Discounts, and Promotions

From time to time, Bebop may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity and redemption periods and, in some instances, may only be used once.

Privacy Policy - Introduction

This policy explains how we, Bebop, use the personal information you provide when using our service, including but not limited to our website and mobile applications (jointly referred to as "Websites"). By visiting and ordering assistance on this website, you agree and, where required, consent to the collection, use, and transfer of your information as set out in this policy. Please read this Privacy Policy and understand it before using our services.

Collection of Personal Information

We collect personal information when you order goods or services from us or use our website. We also collect information when you complete any customer survey. Website usage information may also be collected using cookies.

Information You Provide to Us Directly

We collect personal information when you order goods or services from us or use our website. We also collect information when you complete any customer survey. Website usage information may also be collected using cookies (as defined below). "Bebop" will collect information that personally identifies you and your location, where required (including your name, email address, home address, telephone number, and geolocation, amongst others), but only when you voluntarily give it to us. We collect this information exclusively to carry out the functions offered on the website and to provide you with offers and information about Bebop and other services that may interest you. We might collect this personal information through online food ordering; entry into competitions; subscribing to our newsletter; creating a user account; sending 'contact us' messages or other correspondence through the website; or through advertising, research, and direct marketing. We do not collect sensitive information about you.

Information Received from You as Part of Your Communications

When you use our Services (for example, on our Site), complete electronic forms, communicate with delivery personnel, or contact us by online chat, email, phone, or text, we may automatically collect and store certain information about you and the activity you engaged in, for example, your name and contact information, your order details, information that you voluntarily provide to us, the nature of your communication, the purpose of the interaction, and the action we took in response to your inquiry or request.

Information Collected Automatically

Device ID, device identification, operating system, and corresponding version, time of access, configuration settings, information on Internet connection (IP address)

Location Information

We may collect and store general location information (such as IP address) when you use the Services. We may also collect route information and delivery pick-up or drop-off information. Suppose you permit the Services to access location services through the permission system used by your mobile operating system ("Platform") or browser. In that case, we may also collect and store the precise location of your device when the Bebop app is running in the foreground or background of your device. "Bebop" will use this information to select your delivery address, provide more accurate deliveries of your orders, provide recommendations, enhance your user experience, and improve the services. You can choose whether to enable the location tracking feature through your device or Platform settings or when prompted by the Bebop mobile app. Suppose you decide to disable the location feature. In that case, the delivery personnel will not receive precise location information from your device, which may compromise the accuracy of deliveries in some situations, for instance, if you are in a large area, such as a park.

Personal Information from Publicly Available Sources and Third Parties

In addition to data processors, we also work with third parties to whom we transmit your data but who are not bound by our instructions. These are, for example, our consultants, lawyers, or tax consultants who receive your data from us based on a contract and process your data for legal reasons or to protect our interests.

We do not sell or rent your data to third parties under any circumstances. Selling or renting your data will never take place without your explicit consent.

Cookies

Cookies are small web files that a site or its provider transfers to your device's hard drive through your web browser, enabling the site's or provider's system to recognize your browser and remember certain information.

How We Use Cookies – We use first-party and third-party cookies for the following purposes:

How to Manage Cookies – You may disable cookies by modifying your browser settings. If you choose to disable cookies, you may not be able to experience the interactive features of our Services fully. For more information on cookies and how to disable cookies visit www.ftc.gov/ftc/cookies.shtm or https://www.usa.gov/optout_instructions.shtml.

Online Analytics and Advertising Technologies

Our third-party vendors and we may use automated technologies (including cookie identifiers on our Site) and other collected information to tailor ads or deliver content when you are on our Services or different devices, apps, or websites.

Targeted Advertising

In principle, targeting means switching and fading advertising banners on websites tailored to specific target groups. The aim is to display the most attractive banners as individually as possible for the user and potential customer. Firstly, we define a target group, and secondly, we commission our service providers to show our advertising to the target group. We segment customer types and place ads on different portals to define the target group better. We do not process personal data, as these are initially made anonymous.

Mobile Applications

Depending on your permissions, we may receive your Personal Information from your Internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt out in several ways. Learn more about your choices for mobile devices by visiting http://www.aboutads.info/appchoices. Each operating system (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides instructions on preventing the delivery of tailored in-application advertisements. You should view your device or system "Settings" to determine how to opt out of using your device ID for "cross-app" personalized advertising.

To Maintain, Improve, and Personalize the Services

We use different service providers, i.e., data processors, in our daily processing for various purposes, as described in this Privacy Policy. These service providers include cloud service providers, SMS system providers, data warehouse providers, outsourced human resources, and other service providers involved in processing personal data for the purposes prescribed therein. Such service providers will process your data following the requirements under the applicable personal data protection law, only according to our instructions, and have no claims to this personal data. We also monitor our processors and include only those who meet our high standards.

Because we use different data processors and change them from time to time, it is not appropriate to identify specific recipients of personal information.

However, if you are interested, we will be happy to disclose the name of the processor(s) in use at that time upon request.

For Account and Network Security Purposes

We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device, activity, and other relevant information. We use such information to combat spam, malware, malicious activity, or security risks; improve and enforce our security measures; and monitor and verify your identity so unauthorized users do not gain access to your information.

To Maintain Legal and Regulatory Compliance

Our Services are subject to specific laws and regulations which may require us to process your Personal Information. For example, we process your Personal Information to pay our taxes, fulfill our business obligations, and ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law.

To Enforce Compliance with Our Agreements and Policies

When you access or use our Services, you are bound to our Terms and Conditions (if you are a User and is available), the Merchant Terms of Service, or other master services agreement entered between you and Bebop (if you are a Merchant), and this policy. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing, and mitigating any alleged or actual prohibited, illicit, or illegal activities on our Services. We also process your Personal Information to analyze, avoid, or mitigate violations of our internal terms, agreements, or policies; enforce our agreements with third parties and business partners.

To Protect You, Others, and Our Business

We use your information to protect you, others, and our business, including, without limitation, using data for fraud prevention, enforcement of our Terms of Service, to comply with the law, and to protect against security risks.

Provision of Personal Information to Third Parties

We may provide your Personal Information to third parties as described below.

Service Providers or Third Parties

We may provide your information to our service providers or third parties to help provide services to you for specific business purposes. These service providers or third parties may have access to your Personal Information to perform services on our behalf. Your information is provided for them to provide us with services such as payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support, and other services.

Group companies

Within a group, it is sometimes necessary to use resources effectively. In this context, we support each other within our group in optimizing our processes. Your data may be transferred to other entities within our group in a foreign country. Please see further details concerning the cross-border transfer of personal data below.

For more information and any relevant questions concerning the processing of your data between Bebop and the Group, please get in touch with Bebop at info@bebop.com

Social Media

We have profiles on various social media platforms on which we advertise our products and interact with customers. Since we operate these profiles on third-party platforms, the operators collect different personal data from you each time you visit these social media channels.

When Required or Permitted by Law

You have the right to be informed about which data we store about you and how we process this data.

We will respond to your access request as soon as practicable, within thirty (30) days of receiving your access request. We will also inform you within the timeframe if we need more time to adhere to your request (with reasons) or require additional time to affect the request.

Corporate Transactions

In the event of a business transfer, merger, and other reorganization, dissolution, or similar event, we may provide your information to one or more third parties as part of that transaction, including during the negotiation of a transaction.

With Your Consent

We may also provide your information to third parties with your consent or direction.

Security

Bebop has implemented administrative, organizational, technical, and physical security controls designed to safeguard Personal Information. However, online activity is only partially secure and error-free. While we strive to protect your information, we cannot guarantee that your Personal Information is certain. Please keep this in mind when disclosing any information to Bebop.

Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the Contact Us section below.

Data Retention

We will retain your Personal Information for as long as your account is active or as needed to provide services and maintain a record of your transactions for financial reporting purposes. We will also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Third-Party Sites

In addition to data processors, we also work with third parties to whom we transmit your data but who are not bound by our instructions. These are, for example, our consultants, lawyers, or tax consultants who receive your data from us based on a contract and process your data for legal reasons or to protect our interests. We do not sell or rent your data to third parties under any circumstances, and this will never occur without your explicit, informed consent.

Privacy Policy - Social Media Usage

The social media platforms Facebook and Instagram are operated by Facebook. We have profiles on various social media platforms on which we advertise our products and interact with customers. Since we handle these profiles on third-party platforms, including Facebook and Instagram, the operators collect your personal data each time you visit these social media offerings.

Privacy Policy - Children's Information

Our Services are not intended for children under 13 years of age, and we do not knowingly collect Personal information from children under the age of 13. A parent or guardian of a child under age 13 may review and request the child's information deletion. If you are a parent or guardian of a child under the age of 13 and believe they have disclosed Personal Information to us, please get in touch with us at privacy@bebop.com.

Privacy Policy - Contact Us

For additional information, please get in touch with us at info@bebop.com.

Privacy Policy - How we use personal data

"Bebop” uses personal data to enable reliable and convenient transportation, delivery, and other products and services. We also use such data:

“Bebop” does not sell or share personal user data with third parties for their direct marketing, except with users' consent."