Terms And Conditions
Bida Application, S.L.

B66954892
CONSOLAT DEL MAR, 15 2 2. Barcelona , Barcelona SPAIN - 08003
info@tomabida.com

The present general Terms and Conditions of use and hiring (hereinafter collectively referred to as Conditions) regulate the use and access to the mobile computing application BIDA, owned by BIDA APPLICATION, S.L. (hereinafter collectively referred to as the COMPANY) for registered users (hereinafter collectively referred to as User or Users) as well as the sales and purchase contractual relationship between the COMPANY and the User during the process of hiring services offered through BIDA.

The COMPANY offers a service through BIDA that allows Users the possibility to access drink consumptions free of charge in different establishments of the businesses affiliated to the service, through the purchase of consumption passes by the Users. Specifically, Users who purchase any of the consumption passes on the BIDA app are entitled to 1 free consumption every 3 hours at any of the bars on the app at that moment in time, with the only limitation being that Users cannot claim a free consumption at the same venue within a Bida daily service period (7h-6h59). Additionally, certain “premium” venues require a minimum consumption of at least the regular value of the free consumption before being able to claim the consumption free of charge.

The COMPANY does not intervene in the execution of the services offered through BIDA, the affiliated businesses being the only ones responsible for the correct delivery of the services according to the announced characteristics in BIDA.
The access to BIDA is conditional to the acceptance of and compliance with these Terms and Conditions:
Access and Registration
In order to be a BIDA User it is essential that the following requirements are met:
- Be at least 18 years old
- Truthfully fill in the mandatory fields of the registration form, which asks for personal data

The User guarantees that all data about his/her identity and legitimacy provided to the COMPANY on his/her BIDA registration forms are true, accurate and complete. Also, the User undertakes to keep his/her data updated. In the event that the User provides any false, inaccurate or incomplete data or if the COMPANY considers that there are reasonable grounds for doubting the veracity, correctness and completeness thereof, the COMPANY may deny him/her the present and future access and use of BIDA or any of its contents and/or services.

When registering on BIDA, the User must enter his/her full name, an e-mail as a user ID and select a password. The password will be strictly confidential, personal and non-transferable. The User undertakes not to disclose the information relating to his/her account nor make them accessible to third parties. The User will be solely responsible in case of use of the mentioned data by third parties, including the statements expressed in BIDA, or any other action that is carried out through the use of his/her username and/or password.

The COMPANY allows the registration in BIDA by synchronizing with third-party services (eg. Log-In with Facebook account). The COMPANY will always request the User for his/her consent prior to the registration for the synchronization of services between a third party and the COMPANY.

The COMPANY cannot guarantee the identity of the registered Users; therefore, it will not be responsible for the use of the identity of a User registered by unregistered third parties. The User undertakes to immediately inform the COMPANY of the subtraction, disclosure or loss of his/her username or password.
COMPANY Liability
The COMPANY does not have the obligation to verify and does not verify the identity of the Users, nor the veracity, currency, completeness and/or authenticity of the data that they provide.

The COMPANY does not control and will not be responsible for the content discharged by the Users through BIDA, being these solely responsible for the legal adequacy of said contents.

The COMPANY has no obligation to control and does not control the use that the Users make of BIDA and, therefore, does not guarantee that the Users use BIDA in accordance with the terms established in the present Conditions, nor that they make a diligent and/or prudent use of the same.

The COMPANY reserves the right to limit, totally or partially, the access to BIDA to certain Users, as well as to cancel, suspend, block or eliminate certain type of contents, using technological tools suitable for the purpose, if it had effective knowledge that the activity or stored information is illegal or that it damages properties or third party rights. In this sense, the COMPANY will be able to establish the necessary filters in order to avoid that illegal or harmful contents could be poured to the network through the service.

The COMPANY will not respond in the event of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, or by interruptions of the Internet network or for any reason beyond its control.

The COMPANY is not responsible for any security errors that may occur, or for damages that may be caused to the User’s computer system (hardware and software), files or documents stored in the same, as a consequence of:

- The presence of a virus in the User’s computer system or mobile terminal, used for the connection to the services and contents of BIDA;
- A browser malfunction;
- Use of non-updated versions thereof.
User Obligations
The User is responsible for having the necessary services and equipment for browsing the Internet and for accessing BIDA. In case of any incidence or difficulty to access BIDA, the User can inform the COMPANY which will proceed to analyze the incidence and will give indications to the User on how to solve it in the shortest timeframe possible.

The User is fully responsible for the access and correct use of his/her profile and other contents of BIDA subject to the current legality, whether national or international, as well as the principles of good faith, morality, good customs and public order. Also, the User specifically acquires the commitment to diligently observe the present Conditions.

Users will refrain from using their profile and other contents of BIDA for illicit purposes or effects and that are harmful to the rights and interests of third parties, or that in any way may harm, disable, affect or deteriorate BIDA, its contents and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of BIDA to other Users.

The COMPANY cannot be considered as the editorial responsible, and expressly states that it does not identify with any of the opinions that may be issued by the Users of BIDA in BIDA’s spaces specially determined for Users' comments, whose consequences are a responsibility of the issuer of said comment in its entirety. Especially regarding the opinions expressed by the Users about the quality of the services provided by the service providers hired through BIDA.

Those who fail to comply with such obligations will be liable for any damage they cause. The COMPANY shall not be liable for any consequence or damage that may arise from such access or illegal use by third parties.

In general, the User agrees to, including but not limited to:

- Not to host, store, divulge, publish, distribute or share any content that may imply an illegitimate intrusion or infringement in any form of the rights based on the honor, image and personal and family privacy of third parties, and especially of minors;
- Not to publish any comment or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to the morality or public order in any section of BIDA nor your profile or other Users';
- Not to alter or modify BIDA, totally or partially, bypassing, deactivating or manipulating any other functions or services thereof;
- Not to infringe industrial and intellectual property rights or regulations for the protection of personal data;
- Not to use BIDA to insult, defame, intimidate, violate one's image or harass other Users;
- Not to introduce computer viruses, defective files, or any other software that may cause damages or alterations in the contents or systems of the COMPANY or third parties;
- Not to send emails with a massive and/or repetitive nature to Users, nor send email addresses of third parties without their consent;
- Not to carry out publicity actions of goods or services without the previous consent of the COMPANY.

Any User may be able to report to another User when he/she considers that any of these Conditions are being breached, additionally all Users can inform the COMPANY of any abuse or violation of these conditions. The COMPANY will verify this report, as soon as possible, and will adopt the measures considered appropriate, reserving its right to withdraw and/or suspend any BIDA User account for the breach of these Conditions. Likewise, the COMPANY reserves the right to withdraw and/or suspend any message with illegal or offensive content, without the need of prior notice or subsequent notification.
Signing Up Process
The User may access the services offered through BIDA following all the steps of the Signing up process established by BIDA.

The price of the services offered in BIDA include Value-Added Tax (VAT) or other taxes that may be applicable and in any case, will be expressed in the Euro (€) currency.

The applicable prices will be those published automatically during the hiring process in the last phase thereof. The User will always be informed of the final price prior to the completion of the Signing up gateway. The User will be able to make the payment by credit card and debit card.

BIDA's signing up gateway will inform the User via email, once the signing up process has been completed, of all relevant characteristics of the hired service. If the User does not receive the confirmation email within the twenty-four hours following the completion of the purchase, it will be responsibility of the User to confirm with the COMPANY the approval of the transaction.

Any payment made to the COMPANY will entail the issuance of an invoice in the name of the User according to the data provided during the signing up gateway. Users registered in BIDA may request from the COMPANY a copy of the invoice through the contact email of the COMPANY.
Terms of Use of the Promotional Coupons
Users may apply any of the different promotional coupons to benefit from existing COMPANY offers as long as these have been issued or validated by the COMPANY and are within its validity period.

All promotional coupons are limited to a single use by the User. In particular, promotional coupons will be limited to a single owner of payment means, account and telephone number. The COMPANY reserves the right to ask the User for additional documentation in the event that it suspects that a possible duplication of accounts is being produced to benefit from a promotion to the same User.
Right of Withdrawal
As a general rule, the services offered for hiring through BIDA will not be subject to the Right of Withdrawal in accordance with Article 103 a) of Royal Legislative Decree 1/2007, dated November 16, which approves the consolidated text of the General Law for the Protection of Consumers and Users, by which once the hiring of a service is performed, it will be considered that the execution of the service provision has begun and therefore the User will not have the right to withdraw or recover the hiring amount.
Update and Modification of BIDA
The COMPANY may modify these Conditions at any time by email, or through the internal message section of BIDA or by publishing the modified terms in BIDA. All modified terms will take effect automatically within 30 days of being published.

Likewise, the COMPANY reserves the right to make updates, modifications or deletions of any information contained in BIDA, in its configuration and presentation and the conditions of access, at any time and without prior notice, without assuming any responsibility for it.
Copyright
The COMPANY owns or licenses the intellectual and industrial property rights that fall on the texts, graphic design, source code and the rest of the content of BIDA protected under the laws of intellectual and industrial property. As a consequence, the exclusive exercise and exploitation rights of the same corresponds to the COMPANY in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish legislation on intellectual and industrial property rights.

The authorization to the User for accessing to BIDA does not imply a waiver, transmission, license or total nor partial transfer of rights of intellectual or industrial property by the COMPANY.

The User who willingly shares any type of content through BIDA, as well as through the profiles in social networks of the COMPANY, grants the COMPANY a non-exclusive, free and worldwide license limited to the reproduction and public communication of said content through BIDA's service delivery.

The User guarantees the COMPANY that he/she owns all the intellectual property rights over the content that he/she shares or has the authorization of the owners of the same without violating any regulations, contract, right, interests or property rights of third parties.
Dispute Resolution
In the event that any dispute arises between BIDA's users, the COMPANY requests that its Customer Service channel is used in advance by sending an email to the COMPANY address detailing the reasons for the dispute and providing all documentation that may be of interest. The COMPANY will analyze the reasons and reasoning provided by both parties and will provide a solution in the shortest time possible mainly taking into account that the day of execution of the hired services is not harmed.
Independence of the Clauses
If any of the clauses of these Conditions is null and void or voidable, it shall be deemed not granted. Such declaration of nullity will not invalidate the rest of the Conditions, which will maintain its validity and effectiveness between the parties.

If any clause in these Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will affect only that provision or the part thereof which is null and void or ineffective, and the Conditions shall survive in all other respects. Such provision or the part thereof that is affected for being not granted.
Applicable Law
These Conditions shall be governed by the Spanish law, which shall apply to what is not provided in these Conditions with regard to interpretation, validity and execution. Likewise, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona

The European Commission has recently made available to the EU consumers BIDA online dispute resolution to resolve disputes in electronic commerce amicably (Article 14, paragraph 1 Regulation (EU) 524/2013) by which BIDA's Users have the right to submit complaints to the following link.
PRIVACY POLICY
BIDA APPLICATIONS, S.L. (going forward, BIDA) owner of this website https://tomabida.com/, just as it does with the application, BIDA APPLICATIONS, it promises to ensure that your personal information is protected and never wrongly used.

In this document we'll explain who is responsable for handling your data, the reason we use your personal information and for what purpose, the legitimisation of the data processing, who we share your personal data with, how we collect it, why we collect it, how we use your personal data and what processes we follow. cuáles son los derechos que le asisten.

By giving us your personal data and using our website, we understand that you have read and understood the terms and conditions related to the protection and sharing of personal information. In BIDA, we assume the responsibility of complying with binding national and European data protection laws, and we always strive to handle your data in a fair, loyal and transparent way.

1. IN CHARGE OF THE DATA HANDLING

- Name of the entity in charge of data handling: BIDA APPLICATION S.L.
- CIF: B66954892
- Residence: Consolat del Mar, 15- 2 2 08003 Barcelona (España)
- Contact email: info@tomabida.com

2. PURPOSE, LEGITIMATISATION & CONSERVATION OF THE DATA HANDLING,

WEB SITE WWW.TOMABIDA.COM

CONTACT FORM

- Purpose: To facilitate a way that you can get in contact with us, so we can answer your questions and queries. Also, to send you information about our products, services and activities, including by electronic means, if you tick the acceptance box.
- Legitimisation: The user consents by asking us for more information through sending a contact form and marking the box to agree to us sending them information.
- Conservation: Once we have answered the request sent through our contact form, or we have replied by email, we do not keep the customers details unless that have submitted a new contact form for another query. In the case of having agreed to receive commercial emails, we continue sending emails until the customer asks to be removed from the contact list.

SENDING OF EMAILS

- Purpose: Answering questions, deal with information requests, attending to customers needs and responding to their doubts.
- Legitimisation: The user gives consent when they ask us to send them information or answer a question through their email.
- Conservation: We do not retain personal information once the customers query has been dealt with. Only while we are answering the customers questions, do we use their data to be able to reply to the customer.

GIFT REQUEST FORM

- Purpose: To ensure the correct management and compensation for the services the customer has bought, also to send the customer information about our products and services, including by email if they agree to receive emails.
- Legitimisation: The user consents by filling out the form to buy a gift. As part of this form, they may also tick the box to agree to be contacted by email and receive commercial emails from Bida.
- Conservation: Once the purchase has been made through our online form, if the customer does not generate a new query we do not retain their data. If the customer has agreed to receive commercial emails, we continue sending information until the customers asks to be taken off of the mailing list.

SUBSCRIPTION TO OUR NEWSLETTER

- Purpose: To send customers our business bulletin, informative news and adverts or offers about our products and services about bares and restaurants, including by email.
- Legitimisation: The user gives consent when subscribing to our newsletter and or commercial emails.
- Conservation: We retain the information until the user asks to be taken off of the mailing list and revokes their consent.

BIDA MOBILE APP:

SIGN UP FORM

- Purpose: To allow the correct management of the application and so that the customers receive the correct services and products. Also so that we can send them information about our products and services, including by email if the user ticks the box to agree to receive commercial emails.
- Legitimisation: When signing up to the application, the user gives consent for Bida to use their personal information to provide them with the solicited service. They also may give consent to receive commercial emails and/or our newsletter by ticking the box.
- Conservation: We retain the users information until they tell us they no longer want to use the application, our services or want to be removed from the mailing list.

SOCIAL LOGIN

We also offer our users the opportunity to use their social media accounts to log into BIDA. If the user decides to do this, they consent to share some of the information from their social media profile with us. The exact personal data shared depends on the configuration of the the user's social media profile. Visit the social media site in question and review their privacy policy to understand exactly how the site shares and users personal data in this context.

FORM TO BUY A "DRINKS PASS" OR PROMOTION

- Purpose: To ensure the correct management of the application so that users get the correct products and services. Also to send them commercial information about our products and services, including by email if the user has ticked the box to agree to receive emails from BIDA.
- Legitimisation: The user consents when purchasing a 'drinks pass' or using a promotion and entering their details in our online form. They also consent by ticking the box to agree to allow us to send them information and commercial emails.
- Conservation: Once the purchase has been finalised and the customer has not started another process we do not retain their personal information. In the case of emails, we continue sending emails until the user asks to be taken off of the mailing list and revokes consent.

3. OBLIGATION TO PROVIDE US WITH YOUR PERSONAL DETAILS & CONSEQUENCES OF NOT SHARING YOUR DATA

Your personal information is necessary to process requests, allow users to sign up to use BIDA and provide users with its products and services. Therefore, if you do not share you personal details with us, we will not be able to attend to you properly or provide you with the service/product that has been requested. In any case, we reserve the right to decide whether to incorporate your personal data and other information we gather through our database.

4. WHO RECIEVES YOUR PERSONAL INFORMATION

Your data could be shared with:

- Third parties who help us to provide technological services like platform providers, hosting services, maintenance and data base support, as well as our own software and applications that can contain your personal information.
- This could also include third party companies that help us to provide digital services, CRM (software to manage client - company relationships), web analysis, search engines, content curation tools, including content generated by users.
- Also publicity agencies, marketing agencies, digital media and social media as these help us to offer publicity/ marketing/ campaigns, to analyse the effectiveness and to manage contact with users so that we can answer questions.
- Finally, companies that aid in-app payment.

We assure you that any and all sharing of your personal information that we, or one of the third party companies we work with share, adheres strictly to data protection legislation.

5. RIGHTS RELATED TO PERSONAL DATA

Anyone can revoke their consent to share personal data at any time, but it must be done by the same person who gave consent originally. The withdrawal of consent does not, in any case, stop the subscription contract or the relationships generated previously.

Equally, you can exercise the following rights:

- Request access to your personal data or request to rectify incorrect data.
- Request the elimination of data when, amongst other reasons, the data is no longer necessary for the purpose it was originally collected.
- Request the limitation of data processing in certain circumstances.
- Request an examination of how your data has been processed due to reasons related to your particular situation.
- Request the portability of the data en cases mentioned in the regulations.
- Other rights recognised in the applicable regulations.

Where and how to request your rights: Through a written request, addressed to the manager, from your postal address or email address (indicated in part 1). The written request should include a reference to "Personal data" and you should specify which right you would like to exercise and include which personal information in particular it regards.

In the case of divergence with the business in relation to the treatment of your personal data, you can present a complaint to the Data Protection Agency (www.agpd.es).

6. SECURITY OF YOUR PERSONAL DATA

With the objective of safeguarding the security of your personal data, we inform you that we have adopted all kinds of technical and organisational measures necessary to guarantee the security of the personal information you have supplied so that it can't be altered, lost or accessed by unauthorised sources.

7. UPDATING YOUR PERSONAL INFORMATION

It is important that we can maintain an up-to-date database of your personal information. Always inform us if there has been any change. On the contrary, we do not take responsibility for having out-of-date information about you if you do not inform us of a change.

We do not take responsibility for the privacy policy and the safety of your personal data on third party websites that users can access through our web page. The current Privacy Policy may be modified to adapt to changes on our website, as well as changes in the regulations and laws about personal data. Therefore we recommend that you review our Privacy Policy each time that you choose to share personal data with BIDA through this web page.