Terms of Use

1. Acceptance of the Terms of Use

This website located at www.hoppyapp.io (“Website”) and mobile application (“App”) are operated by Happy Hour Hopper Limited, along with its subsidiaries and affiliates (referred to collectively as “Company,” “we,” “us,” or “our”). We are registered in England and Wales under company number 13315153 and have our registered office at 3 Devis Way, Knutsford, Cheshire, United Kingdom, WA16 0GY. The following terms and conditions, together with any referenced documents (collectively, the “Terms of Use”), outline your access to and use of our websites and mobile applications, including any features, content, and services offered through them (collectively referred to as the “Platform”), whether accessed as a guest or a registered user.

Please read these Terms of Use carefully because they govern your use of our Platform and our services accessible via our Platform. By using the Platform, you confirm that you have read, understood, and agree to comply with these Terms of Use and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms of Use or the Privacy Policy, please do not access or use the Platform.

The Platform is strictly for individuals aged 18 and over due to the nature of the content, including offers related to alcohol. By using the Platform, you affirm that you are at least 18 years old. If you are under 18, you will not be permitted to create an account or access the Platform.If we discover that a user under the age of 18 has provided false information or gained access to the Platform, we reserve the right to suspend or terminate their account immediately.

2. Restricted Content

You acknowledge that certain sections of the Platform may include, reference, or provide access to content, features, products, or services related to alcohol (the "Restricted Content"). These sections are intended solely for individuals who are of legal drinking age in both their country of residence and the country from which they are accessing the Platform.

If you do not meet these legal age requirements, accessing the Restricted Content may result in a breach of the laws or regulations applicable in your jurisdiction. Consequently, you are prohibited from accessing or using any portion of the Platform that includes Restricted Content.

By accessing the Restricted Content, you expressly acknowledge and agree that any such use in violation of the applicable laws or regulations of your country of residence or the country from which you access the Platform is at your own risk. Under no circumstances shall the Company, its affiliates, licensors, or service providers be held liable for any claims, damages, or consequences arising from such unauthorised use. We reserve the right to immediately suspend or withdraw your right to use the Platform if we believe you have accessed any of the Restricted Content in violation of any provisions of these Terms of Use.

3. Updates to the Terms of Use

We reserve the right to revise and modify these Terms of Use from time to time. Any updates will become effective immediately upon being published, and they will apply to all subsequent access to and use of the Platform.

By continuing to use the Platform after any revisions have been posted, you acknowledge and agree to the updated Terms of Use. We encourage you to review this page regularly to stay informed of any changes, as they are legally binding on you.

4. Access to the Platform and Account Security

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We reserve the right to modify, suspend, or discontinue the Platform, including any content, services or materials provided, for reasons such as maintenance, updates, compliance with legal requirements, changes in business operations, or other operational needs at our sole discretion. We will try to provide reasonable notice of any planned suspension or withdrawal, such as through email notifications to registered users or updates posted on the Platform. We will not be held responsible if any part or all of the Platform becomes unavailable at any time for any duration. Access to certain parts of the Platform, or the Platform as a whole, may occasionally be restricted to specific users, including those who are registered.

Your Responsibilities:
-
Ensuring you make all necessary arrangements to access the Platform.
- Make sure that anyone accessing the Platform through your internet connection is aware of and complies with these Terms of Use.

To use the Platform or access certain features, you may be required to provide registration details or other personal information. You agree to ensure that all information you provide is accurate, current, and complete. Your use of the Platform and the information you provide is subject to our Privacy Policy, and you consent to the handling of your information in accordance with that policy.

If you create or are provided with login credentials, such as a username, password, or other security information, you must keep them confidential and not share them with anyone else. Your account is personal to you, and you agree not to grant access to any other individual using your credentials. You must notify us at support@hoppyapp.io immediately of any unauthorised access or use of your account or any breach of security. Additionally, ensure you log out of your account at the end of each session and take care when accessing your account on shared or public devices to prevent unauthorised viewing or recording of your credentials.

We reserve the right to disable any username, password, or other security credentials, whether chosen by you or assigned by us, at our discretion and without notice if we believe you have violated any provisions of these Terms of Use.

5. Intellectual Property Rights

The Platform (comprising the Website, App, and any associated content, features, and functionality) and its entire contents, features, and functionality - including, but not limited to, all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof - are owned by Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws around the world. All such rights are reserved.

Image Attribution and Ownership
Images used within the Platform are sourced from publicly available platforms, including venue websites and social media, for the purpose of promoting venues and their offers. Ownership of these images remains with their respective creators or venues. Their use on our Platform is intended solely to enhance user experience and promote the listed venues. If you believe an image has been used without proper authorisation, please contact us at support@hoppyapp.io.

Permitted Use
These Terms allow you to use the Platform for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content, except as follows:
- Temporary copies of materials may be stored in your device’s memory as part of accessing or viewing the content.
- Files cached by your browser or device for display optimisation may be stored temporarily.
- If printing is enabled, you may print off one copy of any pages for personal, non-commercial use, provided the content is not reproduced or distributed for any commercial purpose.
- If social media sharing features are provided, you may engage with those features as permitted by the Platform.

Prohibited Use
You must not:
- Modify any materials obtained from the Platform.
- Use images, illustrations, photographs, videos, or audio separately from the accompanying text or context in which they appear.
- Remove or alter any copyright, trademark, or proprietary notices from materials on the Platform.
- Use any part of the Platform for commercial purposes, including selling, sub-licensing, or distributing the materials.

Consequences of Breach
If you print, copy, modify, download, or otherwise use or share any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately. You must, at our discretion, return or destroy any copies of the materials you have made. No rights, titles, or interests in or to the Platform or its content are transferred to you. All rights not expressly granted are reserved by Happy Hour Hopper Limited.

Any use of the Platform not expressly permitted by these Terms is a violation of these Terms and may breach copyright, trademark, and other laws.

6. Trademarks

The name "Hoppy," the Hoppy logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Happy Hour Hopper Limited or its affiliates or licensors. You must not use these trademarks without obtaining prior written permission from Happy Hour Hopper Limited.

All other names, logos, product and service names, designs, and slogans appearing on the Platform are the trademarks of their respective owners. Their inclusion on the Platform does not imply any affiliation, endorsement, or sponsorship by those owners unless explicitly stated.

7. Prohibited Uses

You may use the Platform, including any Restricted Section, only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

- In any way that violates any applicable local, national, or international law or regulation (including, but not limited to, laws regarding the export of data or software).
- To exploit, harm, or attempt to exploit or harm minors in any way, including by exposing them to inappropriate content or requesting personally identifiable information.
- To send or procure the sending of any unauthorised advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation, without prior written consent.
- To impersonate or attempt to impersonate Hoppy, its employees, another user, or any other person or entity, including by using email addresses or usernames associated with any of the above.
- To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Platform or that, as determined by us, may harm Hoppy or its users or expose them to liability.

Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities.
- Use any robot, spider, or other automated device, process, or means to access the Platform for any purpose, including monitoring or copying any material on the Platform.
- Use any manual process to monitor or copy any material on the Platform or for any unauthorised use.
- Misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform or any other equipment or network connected with the Platform. You must not interfere with, damage or disrupt any software used in the provision of the Platform or any equipment or network or software owned or used by any third party on which the Platform relies in any way. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.

8. Copyright Infringement

If you believe that any content on the Platform infringes your copyright, please send us a notice of copyright infringement at support@hoppyapp.io.

9. Reliance on Information Provided

The information available on or through the Platform, and all other products and materials, is intended solely for general informational purposes. Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees whether expressed or implied, regarding the accuracy, completeness, reliability, or usefulness of the information presented. Any reliance you place on such information is strictly at your own discretion and risk. We disclaim all responsibility and liability arising from any reliance placed on these materials by you, other users, or anyone informed of their content.

The Platform may feature content supplied by third parties, including other users. Statements, opinions, articles, responses to questions, or any other content not provided directly by the Company represent the views and responsibilities of the respective contributors. These materials do not necessarily reflect the Company's opinions or values. We accept no responsibility or liability for the accuracy, completeness, or appropriateness of third-party materials shared through the Platform.

10. Information About You and Your Use of the Platform

All information we collect through the Platform, including the website and app, is governed by our Privacy Policy. By accessing or using the Platform, you agree to the collection, use, and handling of your information in accordance with our Privacy Policy.

11. Online Purchases, Subscriptions and Additional Terms

A Hoppy Plus subscription grants you unlimited access to all features of the Platform, including exclusive offers and discounts available to subscribers. All purchases made through our Platform, or any transactions involving the sale of goods or services resulting from your use of the Platform, are processed through Apple’s App Store or Google Play, depending on the device used to make the purchase, and are governed by Apple’s App Store or Google Play’s rules and policies which can be found here:

Apple App Store:
App Store Terms and Conditions:
https://www.apple.com/legal/internet-services/itunes/us/terms.html
Apple's Subscription Policy: https://support.apple.com/en-us/HT202039

Google Play Store:
Google Play Terms of Service
: https://play.google.com/about/play-terms/
Google Play Subscriptions Policy: https://support.google.com/googleplay/answer/2476088

Subscriptions are billed based on the term selected at purchase (monthly or annually) and will automatically renew at the end of each term unless cancelled by the user prior to the renewal date via your account settings in the Apple App Store or Google Play Store.

If you sign up for a free trial of Hoppy Plus, you will gain access to all premium features for seven (7) days at no charge. At the end of the trial period, the payment method linked to your account will be charged automatically for the applicable subscription fee unless you cancel the subscription before the trial ends. Free trials are limited to one per user and are non-transferable. By signing up for a free trial, you agree to these Terms of Use.

We reserve the right to increase subscription fees by giving each user notice at least 30 calendar days before they take effect. These changes will not impact your current subscription term but will apply from the next renewal date. By continuing to use the Platform after the updated fees become effective, you agree to the new charges. If you do not agree to the fee changes, you can cancel your subscription before the renewal date via your account settings in the App Store or Google Play Store.

Additional terms and conditions may apply to certain sections, services, or features of the Platform. These additional terms are also incorporated into these Terms of Use by reference and are binding when you use those specific services or features.

12. Linking to the Platform and Social Media Features

You are permitted to link to our homepage, provided that your link is lawful, fair, and does not harm our reputation or exploit it. You must not create a link in a way that suggests any form of association, endorsement, or approval from us without our explicit written consent.

Our Platform may offer social media features that allow you to:
- Link to specific content on the Platform from your own or certain third-party websites.
- Share certain content or links to content via email or other communication tools.
- Display limited content from the Platform on your own or specific third-party websites.

You may use these social media features only as we provide them and only in connection with the specific content they are intended to display. Any use must comply with additional terms and conditions we may provide for these features.

You must not:
- Create links from any website you do not own.
- Display the Platform, or portions of it, on another website using framing, deep linking, or similar techniques.
- Link to any page of the Platform other than the homepage.
- Use the Platform’s content in ways that violate these Terms of Use or any related policies.

You agree to cooperate with us to immediately remove any unauthorised links or frames upon request. We reserve the right to withdraw linking permissions or disable social media features at any time, without prior notice, and at our sole discretion.

13. Links from the Platform

The Platform, including the Website and App, may include links to external websites and resources provided by third parties. These links are provided solely for your information, including those in advertisements, such as banner ads and sponsored links. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the content of third-party websites or resources and do not accept any responsibility for them or any loss or damage you may incur as a result of using them. Accessing these third-party websites is entirely at your own risk and is subject to the terms and conditions of use set by those websites.

14. Geographic Restrictions

Accessing the Platform, including the website and app, may be restricted or deemed illegal in certain countries. If you choose to access the Platform from such locations, you do so at your own discretion and are solely responsible for complying with all applicable local laws.

15. Disclaimer of Warranties

We cannot guarantee or ensure that files available for download from the internet or the Platform (including the website and app) will be free of bugs, viruses or other harmful elements. It is your responsibility to implement adequate safeguards, such as anti-virus software and data backup systems, to protect your devices, data, and operations. You should also maintain external means for recovering any lost data.

We are not liable for any loss or damage caused by distributed denial-of-service (DDoS) attacks, viruses, or other technologically harmful material that may affect your devices, software, data, or proprietary information due to your use of the Platform or downloading material from it, or any linked third-party website.

Your use of the Platform, its content, and any services or items obtained through it is at your own risk. The Platform, including all content, services, and items provided through it, is offered "as is" and "as available" without any guarantees or warranties of any kind, either express or implied. We do not warrant the accuracy, completeness, reliability, security, quality, or availability of the Platform or its content. Specifically, we do not guarantee that the Platform will always be error-free, uninterrupted, or free of harmful components, nor that it will meet your expectations or needs.

If users have any particular dietary requirements including but not limited to allergies, intolerances, health concerns, or religious requirements we recommend that users check with the venue before making a reservation and before ordering food and beverages. We cannot guarantee any of the food and beverages of our venue partners will be suitable for those with allergies and are not liable for any loss or damage caused as a result.

Certain venues may have variations in offer terms and users should confirm with the individual venue if there are any restrictions. All offers are subject to availability and the terms and conditions of individual venues will apply.

We disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.

This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

16. Limitation of Liability

Under no circumstances will the Company, its affiliates, licensors, service providers, employees, agents, officers, or directors be held liable for any loss or damage of any kind, arising from or related to your use of, or inability to use, the Platform (including the website and app), any linked websites, any content on the Platform or linked websites, or any services or items obtained through the Platform or linked websites. This includes, but is not limited to:

- Direct, indirect, incidental, special, consequential, or punitive damages
- Loss of revenue, profits, business, business interruption, business opportunities, or anticipated savings
- Loss of use, goodwill, reputational damage
- Loss of data and/or damage to your computer or other devices

These limitations apply whether the loss or damage arises from tort (including negligence), breach of contract, or any other legal cause, even if the damages were foreseeable.

This limitation does not exclude or restrict liability that cannot be limited or excluded under applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

17. Governing Law and Jurisdiction

These Terms of Use, and any disputes or claims arising from or related to them, the Platform (including the website and app), or your use of the Platform, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of England and Wales.

Users are responsible for ensuring that their use of the Platform complies with all applicable local laws and regulations in their jurisdiction.

Any legal action, suit, or proceeding arising from these Terms of Use or the Platform shall be brought in the courts of England and Wales for general disputes.

The Company reserves the right to initiate legal proceedings in your country of residence or any other relevant jurisdiction for enforcement or breach of these Terms. By using the Platform, you agree to submit to the jurisdictions specified above and waive any objections to the exercise of jurisdiction or venue in such courts.

18. Your Comments and Concerns

For all feedback, comments, technical support requests, or general inquiries related to the Platform, please email us at support@hoppyapp.io.