Terms and Conditions for Boom Battle Bar (App)

1. Introduction

These Terms and Conditions (“Agreement”) govern your use of Boom Battle Bar (“the App”), which is provided by BBB Franchise Ltd, 70-88 Oxford Street, London, W1D 1BS (12484144) (“we”, “us”, “our”). By downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agreed to these Terms and Conditions. If you do not agree to these terms, you must not download, use, or access the App.

2. Definitions

In this Agreement:

1. App means the mobile application identified by SKU com.boombattlebar.app.001 or bundle ID com.boombattlebar.app provided by BBB Franchise Ltd.
2. User refers to the person downloading, installing, or using the App for personal purposes.
3. App Store refers to any platform from which the App is distributed, including but not limited to Apple App Store, Google Play Store.
4. App Store Rules refers to the specific rules, terms, and policies of the App Store from which the App was downloaded.
5. Use means access, utilisation, reproduction, or installation as permitted under this Agreement.
6. Force Majeure refers to unforeseen circumstances outside our reasonable control, including, but not limited to, natural disasters, cyberattacks, server failure, or App Store outages.

3. Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App on devices owned or controlled by you, solely for non-commercial purposes, subject to compliance with this Agreement and App Store Rules.

1. You do not own the App or any of its contents, but you may utilise it on devices that you own or control, as permitted by the App Store Rules.
2. If you sell or give away a device with the App installed, you must first uninstall the App from that device.
3. The licence extends to content, materials, or services accessible within the App, including any updates or enhancements unless separate terms accompany such updates.

4. In App Offers

1. When you use the App to make bookings at any of our participating venues, you can earn points which can be redeemed in participating venues.
2. A list of the current offers (“Offers”) is available on our up-to-date Offer Table which can be accessed here https://app.boombattlebar.com/app/terms
3. Please read the Offer Table carefully as there are various terms and conditions associated with redeeming points awarded on the App.
4. Points awarded on the App are not redeemable for money or anything of any monetary value save for the offers noted on the Offer Table.
5. We reserve the right to update and change the Offer Table from time to time without notice and at our sole discretion. If Offers are updated, which means that you cannot access offers previously available, no compensation will be due.
6. All Offers are subject to availability.
7. Please be aware that some of our Offers are available strictly subject to licensing conditions which are subject to variation. In addition, some of our Offers may not be available to you when you seek to redeem if our trained staff in venues have any concerns that to provide that Offer to you at that time would breach any of the Licensing Objectives pursuant to the Licensing Act 2003 and any delegated regulations. If this is the case, you can seek to redeem the Offer at a later date.
8. Our People are our top priority; we work hard to provide a supportive workplace free from any harassment. We have a strict zero tolerance of any abuse or harassment of our people; if you are refused redemption of any Offer at any time and we in our absolute discretion consider that there is any abuse or harassment associated with that refusal, we reserve the right to remove all points awarded, as well as taking any other measures that we would usually take in these circumstances.

5. Acceptable Use

You agree to use the App responsibly and in accordance with applicable laws. Specifically, you agree not to:

1. Use the App for any unlawful purposes or activities.
2. Modify, replicate, decompile, or reverse engineer the App.
3. Transmit or upload any material that is defamatory, abusive, obscene, discriminatory, or unlawful in any way.
4. Introduce harmful software such as viruses, trojans, or malware.
5. Gain unauthorised access to computers, data, servers, networks, or systems through the App.
6. Cause disruption to our services, other users, or third parties.

6. Technical Requirements

To ensure optimal performance, the App requires the following:

1. Device compatibility: Android or iPhone device released within the past 2 years
2. Operating system: Android OS 16, iPhone OS 25
3. Internet connection: A stable connection is required for all features to function effectively. Poor connectivity may affect usage.

7. Updates and Support

1. We will release upgrades, updates, and fixes to the App as necessary to ensure functionality, security, and compliance.
2. These updates will either be automatically downloaded or require user confirmation, depending on your device settings and the App Store mechanisms.
3. You may be required to update the App to continue its proper operation.

8. Privacy Policy

By using the App, you acknowledge that your personal information may be subject to processing under our Privacy Policy. The privacy policy explains our collection, use, and storage of personal data, your rights regarding data collected from you, and how data is shared with third parties. You may access the privacy policy at https://www.xpfactory.com/privacy-policy.

9. Limitation of Liability

Subject to clause 9(4):

1. We are not responsible for losses arising from external disruptions, including but not limited to network failures, hardware defects in your device, or App Store issues beyond our control.
2. We exclude all liability for indirect, consequential, or special losses, including loss of profits, production, commercial opportunities, savings, goodwill, or reputation.
3. We shall not be liable for any losses caused by non-compliance with technical requirements by the user or failure to install updates as provided.
4. Your statutory rights as a consumer under the Consumer Rights Act 2015 remain unaffected, including rights to refunds for defective digital content.

10. Termination

1. The Agreement will terminate if you fail to comply with its terms.
2. We may terminate the Agreement at any time with 30 days’ written notice. Termination for breach may occur without prior notice.
3. Upon termination, you must cease use, uninstall the App, and delete any data related to the App from your devices.

11. Force Majeure

We shall not be liable for any failure to perform or delay in performing obligations caused by circumstances beyond our reasonable control, including server disruptions, technical outages in the App Store, Internet disruptions, or cybersecurity attacks.

12. Governing Law and Jurisdiction

This Agreement and any disputes or claims arising out of or in connection with it, its subject matter or formation (including non-contractual disputes or claims), are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.

13. Right of Third Parties

Nothing in this Agreement is intended to confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.

14. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and us concerning the use of the App. This Agreement supersedes all previous agreements, understandings, and arrangements between us concerning this subject matter.

15. Notices

1. Notices under this Agreement shall be sent to the parties as follows:
   1. To Us: legal@xpfactory.com
   2. To You: the email address associated with the download of the App onto your device.
2. Notices are deemed effectively served when delivered by:
   1. In-app notifications or email: immediately upon transmission.
   2. Notices in connection with disputes or court proceedings must follow formal delivery requirements as per English law.

16. Severability

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, it shall be severed, and the remaining provisions shall continue in full effect.

17. Intellectual Property Rights

1. All intellectual property rights in the App, including but not limited to the Supplier Materials, are owned by BBB Franchise Ltd or its licensors.
2. The User is granted a limited licence to Use the App as set out in clause 3. No ownership rights are transferred to the User.
3. The App may include third-party intellectual property, which is licensed to the User under the terms of this Agreement and subject to any applicable third-party licence terms.

18. Refund Policy

Engagement with the App does not create any entitlement, right, or expectation to receive monetary compensation or any item or benefit having monetary value or capable of being converted into monetary value. Any rewards issued by the Company, including those redeemable at participating venues, are non-monetary, have no cash value, and are not redeemable for money, credit, or any cash equivalent.

19. Dispute Resolution

1. In the event of a dispute, both parties agree to attempt to resolve the matter through good faith negotiations.
2. If the dispute cannot be resolved through negotiation, the parties may agree to refer the matter to mediation.
3. This clause does not prevent either party from seeking relief through the courts of England and Wales.

20. Accessibility

The App is designed to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards, ensuring accessibility for users with disabilities.