General Terms and Conditions
Updated at 08-16-2022
These Merchant General Terms and Conditions (the “Terms and Conditions”) govern and are incorporated into the 1ONUS Merchant Agreement between “Company,” “we,” “us,” or “our,” it refers to Sharbain Technologies LLC. DBA 1ONUS and the Merchant (collectively, the “Agreement”). 1ONUS, subject to the provisions of this paragraph, may amend the Terms and Conditions in its sole discretion and at any time. The most recent version of the Terms and Conditions will be available in 1ONUS’s Merchant Area and notified by electronic mail. The Merchant agrees that these notification methods constitute adequate notice to inform the Merchant of any amendments to the Agreement and the Merchant further agrees to be bound by any such amendments to the Agreement upon such notification.
- MERCHANT OFFERING means the goods and/or services to be provided by the Merchant, as stated on the coupon as presented by 1ONUS. Values determined by the Merchant.
- COUPON Any instrument which, when presented to the Merchant within a certain period of time, gives the holder of such coupon (“Purchaser”) the right to receive goods or services against the value stated thereon or the right to receive a discount on the price of goods or services. coupon EXPIRATION DATE- means the date stated on the coupon when the offer expires.
- MERCHANT AREA an online web portal and app provided for the Merchant by 1ONUS.
- COUPON HIGHLIGHTS means the conditions, terms and restrictions concerning coupon redemption and the Merchant Offering stated on the Website and coupon.
- REDEMPTION a coupon is recognized as redeemed once the Merchant has updated the Merchant Area, marking the coupon code as having been presented and service / goods having been provided.
1ONUS is authorized to promote Coupons on the Merchant’s behalf subject to the terms of this Agreement. The Coupon will evidence the Merchant Offering and will be available to the end-user on the mobile app once the user purchase a membership. The Purchaser will then redeem the Coupon with the Merchant by having the merchant enter their unique passcode on the mobile app. 1ONUS is authorized to promote Coupons on the Merchant’s behalf through any platform, including its affiliates, business partner network, marketplace, or referral network. The Coupons may be offered to all or part of 1ONUS’s subscriber base or its affiliate subscriber base or referral network and segmented by various variables including gender, age, location, and consumer preferences. The features may be offered through a variety of distribution channels, including, the Internet, the Website, affiliate websites, business partner network, email, mobile applications, other types of electronic offerings and other platforms or distribution channels owned, controlled, or operated by 1ONUS, its affiliates or business partners.
The “Coupon Deal” as specified in the Deal Appendix by the Merchant should be the actual deal of the Merchant Offering for at least 30 days prior to the effective date of the Partnership Deal Appendix and continuing throughout the period of the deal being offered by 1ONUS. The Merchant agrees that in providing the Merchant Offering, the Merchant will not inflate prices or impose any additional fees, charges, conditions or restrictions in order to honor the coupon offered. In addition, the Merchant further agrees not to impose different terms or a different cancellation policy than what is imposed on its non-1ONUS customers.
The Merchant cannot change the terms of the Merchant Offering, 3 working days (Monday – Friday) prior to the confirmed launch date, unless said terms are more favorable to the Purchaser.
Once the Deal Offering is live, any request for changes to the Merchant Offering are subject to 1ONUS approval. Changes should be submitted in writing, with reasons and give at least 3 working days’ notice. The Merchant agrees to the Mobile Redemption Method, with some specifically agreed exceptions, and commits not to ask the Customer for a printed Coupon in exchange for the services provided. The Merchant agrees to use the Merchant Area or Merchant App to redeem Coupons during the period of the promotion to mark Coupons as redeemed. The Merchant must give 3 working days’ notice to 1ONUS with valid reasons if a Merchant Offering is required to end before the agreed end date, and agrees to continue to honour Coupons sold in the 3 day period before a deal is taken down. 1ONUS may audit the Merchant response times using various methods, including but not limited to, phone calls, email, customer feedback and mystery shopping. If 1ONUS, in its sole discretion, determines Merchant response times, value offered or the quality of service provided to purchasers is unsatisfactory, 1ONUS may terminate the Agreement and return the Amount Paid to Purchasers for unredeemed Coupons. The Merchant shall honor the Coupons for the Merchant Offering through to the Coupon Expiration Date. The Merchant shall notify 1ONUS by email immediately of any change that would affect this agreement or live Merchant Offering, including but not limited to, lack of availability of product or service, closure of business or branch of business, a force majeure circumstance. Partial redemptions: If applicable, and if a purchaser redeems a Coupon for less than the Amount Paid, the Merchant is responsible for handling any unredeemed value as required by applicable law. The Merchant agrees that so long as an appointment or reservation is made to redeem a Coupon, or purchaser has made an attempt to make an appointment, before the Coupon Expiration Date, the Coupon will be honored for the Full Offer Value without restriction, even though the services may be provided after the Coupon Expiration Date. The Merchant is responsible for all customer service in connection with the Merchant Offering and for supplying all goods and services stated in the Merchant Offering. The Merchant is also responsible for any customer loyalty programs associated with the Merchant Offering.
The Merchant also agrees to provide 1ONUS with the hours and dates of operation, complete with any exceptions, and a valid phone number. If any of the information related to offerings changes, the Merchant agrees to notify 1ONUS immediately of such change. 1ONUS reserves the continuing right to reject, revise, or discontinue any Merchant Offering, at any time and for any reason in 1ONUS’s sole discretion, and to terminate the Merchant Offering and to remove all references to the Merchant Offering and Coupon from the application; and redirect or delete any URL used in connection with the Merchant Offering.
If applicable, the Merchant agrees that it will not feature a copy of the Deal Offering on the Website and App on similar deal websites, in house or on any other sales channel during the same period unless agreed in advance by both parties. In the event the Merchant breaches the exclusivity agreement, 1ONUS reserves the right to pause the Merchant Offering until the issue has been investigated and resolved.
Representations and Warranties
The Merchant represents and warrants that: (a) the Merchant has the right, power and authority to enter into this Agreement; (b) the Merchant, as required by applicable law, is registered for sales and tax collection purposes in all jurisdictions where the Merchant’s goods and services will be provided; (c) the Coupon, upon being delivered by 1ONUS, will be available immediately for redemption and the Merchant will have sufficient goods and/or services available for redemption through the agreement Expiration Date (d) the terms and conditions of the Coupon, including any discounts or goods and services offered thereunder do not and will not violate any, local, state, provincial, territorial or federal law, statute, rule, regulation, or order, including but not limited to, any law or regulation governing the use, sale, and distribution of alcohol, prohibited services and items and any laws governing Coupons, gift cards, coupons, and gift certificates; (e) the Merchant’s redemption of the Coupon will result in the bona fide provision of goods and/or services by the Merchant to the purchaser; (f) the Merchant owns all interest in and to the Merchant IP and has licensing rights in (with the right to sublicense to 1ONUS) the Third Party IP, and has the right to grant the License stated in this Agreement; (g) the Merchant IP and the Third Party IP, the Merchant Offering, 1ONUS’s use and promotion thereof, and the results of such Merchant Offerings, will not infringe, dilute, misappropriate, or otherwise violate, anywhere in the world, any patent, copyright, logo, trademark, service mark, trade name, rights in designs, or other intellectual property right or right of privacy or publicity of any third party or any applicable law, and does not and will not result from the misappropriation of any trade secret or the breach of any confidentiality obligations to any person or entity; (h) the Merchant IP and Third Party IP does not include any material that is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise violates any law; (i) the Coupons and any advertising or promotion of the Merchant’s goods and services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable law; (j) the Merchant and its employees, contractors and agents have had the proper education and training and hold all required and up-to-date regulatory authorization, licenses and certifications relating to any Merchant Offering to provide the goods or services described in this Agreement; (k) the Merchant is not authorized to resell, broker or otherwise disclose any Customer Data (as defined in this Agreement) to any third party, in whole or in part, for any purpose, and the Merchant is not authorized to copy or otherwise reproduce any Customer Data other than for the purpose of redeeming or verifying the validity of Coupons in connection with this Agreement and (l) the Merchant Offering is: (i) free from defects in workmanship, materials and design, (ii) merchantable and suitable for the purposes, if any, stated in the Agreement, and (iii) genuine, bona fide products, as described herein and does not violate the rights of any third party.
The terms for the Merchant Offering described in this Agreement are confidential, and the Merchant agrees not to disclose the terms described in this Agreement to any party (other than to its employees, parent companies, shareholders, lawyers and accountants on a strict need-to-know basis or as required by applicable public records and other law, if the Merchant has taken the necessary precautions of the kind generally taken with confidential information to preserve the confidentiality of the information made available to such parties). In the event of a breach, 1ONUS is entitled to injunctive relief and a decree for specific performance, and any other relief allowed under applicable law (including monetary damages if appropriate).
The parties are independent contractors. Nothing in this Agreement is to be construed to create a joint venture, partnership, franchise, or an agency relationship between the parties. Neither party has the authority, without the other party’s prior written approval, to bind or commit the other in any way. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. The Merchant is not authorized to transfer or assign its rights or obligations under this Agreement, whether by operation of law or otherwise, without 1ONUS’s prior written consent. Any waiver must be in writing and signed by an authorized signatory of 1ONUS. 1ONUS is authorized to transfer or assign this Agreement to a present or future affiliate or pursuant to a merger, consolidation, reorganization or sale of all or substantially all of the assets or business, or by operation of law, without notice to the Merchant. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement are not affected.
It is the Merchant’s responsibility to determine what, if any, taxes apply to the payments the Merchant makes or receives, and it is the Merchant’s responsibility to collect, report and remit the correct tax to the appropriate tax authority.
1ONUS is not responsible for determining whether taxes apply to the Merchant’s transaction with either purchasers or 1ONUS, or for collecting, reporting, or remitting any taxes arising from any transaction with or by the Merchant and purchaser. The Merchant should provide Purchasers with an invoice in compliance with the applicable law. The Merchant bears sole financial responsibility for any and all Tax on all sales arising from the transactions contemplated by this Agreement between 1ONUS and the Merchant. The Merchant may be asked to provide 1ONUS with a valid Tax Identification Number for tax reporting purposes. Notwithstanding anything else in this Agreement, the Merchant shall be, and will remain, registered for sales, use and other similar tax collection purposes in all states, countries and localities in which the Merchant is required to be so registered in connection with the Merchant Offering and pursuant to the terms and redemption of the Coupon, and shall be responsible for paying any and all sales, use or any other taxes related to the Merchant Offering or the goods and services.
Customer Data Privacy
Terms and Termination
This Agreement will continue in effect until terminated by either party in accordance with this Section (“Terms”). 1ONUS is authorized to terminate this Agreement, at any time for any reason, upon written notice to the Merchant. The Merchant is not authorized to terminate this Agreement. Termination of this Agreement will not in any way affect the Merchant’s obligation to redeem any Coupon according to the terms of this Agreement, including the obligation to honor the Coupon for the deal presented. Provisions in this Agreement that are intended to survive termination will continue in full force and effect after the Term.
Intellectual Property Rights
The Merchant grants to 1ONUS a non-exclusive, worldwide, royalty free, paid-up, perpetual, irrevocable, transferable and sub-licensable license and right to use, modify, reproduce, sublicense, publicly display, distribute, broadcast, transmit, stream, publish and publicly perform: (a) the Merchant’s name, logos, trademarks, service marks, domain names, and any audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved to use by the Merchant (collectively, “Merchant IP”); and (b) any third party’s name, logos, trademarks, service marks, domain names, audiovisual recordings, video recordings, audio recordings, photographs, graphics, artwork, text and any other content provided, specified, recommended, directed, authorized or approved for use by the Merchant (collectively, “Third Party IP”), in each case in connection with the promotion, sale/resale (as may be applicable) or distribution of the Merchant Offering in all media or formats now known or hereinafter developed (“License”). Any use of the Merchant IP or Third Party IP as contemplated in this Agreement is within 1ONUS’s sole discretion. The Merchant acknowledges and agrees that, as between the parties, 1ONUS owns all interest in and to the Website, Customer Data, 1ONUS trade names, logos, trademarks, service marks, domain names, social media identifiers, all data collected through or from the Website, all audiovisual content, video recordings, audio recordings, photographs, graphics, artwork, text or any other content created by 1ONUS or at 1ONUS’s direction, or assigned to 1ONUS, and any materials, software, technology or tools used or provided by 1ONUS to promote, sell/resell (as may be applicable) or distribute the Merchant Offering and conduct its business in connection therewith (collectively “1ONUS IP”). The Merchant shall not use, sell, rent, lease, sublicense, distribute, broadcast, transmit, stream, place shift, transfer, copy, reproduce, download, time shift, display, perform, modify or timeshare the 1ONUS IP or any portion thereof, or use such 1ONUS IP as a component of or a base for products or services prepared for commercial use, sale, sublicense, lease, access or distribution, except that 1ONUS grants the Merchant a limited, non-exclusive, revocable, non-transferable, non-sub licensable license during the Term to use 1ONUS’s mobile merchant software application on a mobile computer, tablet computer, or other device, solely for the purposes permitted by that software. The Merchant shall keep the 1ONUS IP confidential and shall not prepare any derivative work based on the 1ONUS IP or translate, reverse engineer, decompile or disassemble the 1ONUS IP. The Merchant shall not take any action to challenge or object to the validity of 1ONUS’s rights in the 1ONUS IP or 1ONUS’s ownership or registration thereof. Except as specifically provided in this Agreement, the Merchant and any third party assisting the Merchant with its obligations in this Agreement, are not authorized to use 1ONUS IP in any medium without prior written approval from an authorized representative of 1ONUS. The Merchant shall not include any trade name, trademark, service mark, domain name, social media identifier, of 1ONUS or its affiliates, or any variant or misspelling thereof, in any trademark, domain name, email address, social network identifier, metadata or search engine keyword. The Merchant shall not use or display any 1ONUS IP in a manner that could reasonably imply an endorsement, relationship, affiliation with, or sponsorship between the Merchant or a third party and 1ONUS. All rights to the 1ONUS IP not expressly granted in this Agreement are reserved by 1ONUS. If the Merchant provides 1ONUS or any of its affiliates with feedback, suggestions, reviews, modifications, data, images, text, or other information or content about a 1ONUS product or service or otherwise in connection with this Agreement, any 1ONUS IP, or the Merchant’s participation in the Merchant Offering or Coupon, (collectively, “Feedback”), the Merchant irrevocably assigns to 1ONUS all right, title, and interest in and to Feedback. In the event your assignment to 1ONUS is invalid for any reason, you hereby irrevocably grant 1ONUS and its affiliates a perpetual, paid-up, royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (i) use, reproduce, perform, display, and distribute Feedback; (ii) adapt, modify, re-format, and create derivative works of Feedback for any purpose and sublicense the foregoing rights to any other person or entity. The Merchant warrants that: (A) Feedback is the Merchant’s original work, or the Merchant obtained Feedback in a lawful manner; and (B) 1ONUS and its sublicensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright rights. The Merchant agrees to provide 1ONUS such assistance as 1ONUS might require to document, perfect, or maintain 1ONUS’s rights in and to Feedback.
To the extent allowed under applicable law, the Merchant agrees to defend, indemnify and hold 1ONUS, its affiliated and related entities, and any of its respective officers, directors, agents and employees, harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorneys’ fees and costs) arising out of or relating to any of the following: (a) any breach or alleged breach by the Merchant of this Agreement, or the representations and warranties made in this Agreement; (b) any claim for state sales, use, or similar tax obligations of the Merchant arising from the sale and redemption of a Coupon; (c) any claim by any local, state, provincial, territorial or federal governmental entity for unredeemed Coupons or unredeemed cash values of Coupons or any other amounts under any applicable abandoned or unclaimed property or escheat law, including but not limited to any claims for penalties and interest; (d) any claim arising out of a violation of any law or regulation by the Merchant or governing the Merchant’s goods and/or services; (e) any claim arising out of the Merchant’s violation of law or regulation governing the use, sale, and distribution of alcohol; (f) any claim by a purchaser or anyone else arising out of or relating to the goods and services provided by Merchant and/or pick up of the goods and services at the Redemption Site, including but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages; (g) any claim by a purchaser for the Amount Paid; (h) any claim arising out of the Merchant’s misuse of Customer Data, or any violation of an applicable data privacy or security law; and (i) any claim arising out of the Merchant’s negligence, fraud or willful misconduct. 1ONUS maintains the right to control its own defense and to choose and appoint its own defense counsel, regardless of the presence or absence of a conflict of interest between 1ONUS and the Merchant. The Merchant’s duty to defend and indemnify 1ONUS includes the duty to pay 1ONUS’s reasonable attorneys’ fees and costs, including any expert fees.
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder. Except as expressly stated in this agreement, neither party makes any representations or warranties, express nor implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or non-infringement. 1ONUS does not warrant or guarantee that the services offered on or through the website will be uninterrupted or error-free, that the coupons are error-free, or that any merchant offering will result in any revenue or profit for the merchant.
END USER LICENSE AGREEMENT
1ONUS is licensed to You (End-User) by Sharbain Technologies LLC. DBA 1ONUS, located at 5940 Okeechobee Blvd, West Palm Beach, Florida 33417, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore or Google Play Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Sharbain Technologies, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service.
Sharbain Technologies acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to you are reserved.
1. THE APPLICATION
1ONUS (hereinafter: Application) is a piece of software created to offer discounts and coupons as well as list happy hours in the city – and customized for iOS and Android mobile devices. It is used to view happy hour listings as well as redeem coupons at participating merchants.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.2 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Sharbain Technologies’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Sharbain Technologies’s prior written consent).
2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.6 Licensor reserves the right to modify the terms and conditions of licensing.
2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version 14.7 on iOS / 12.0 on Android or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Sharbain Technologies and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
6. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
7. CONTRIBUTION LICENSE
By submitting suggestions of other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
8.3 Licensor takes no accountability and responsibility in case of Offers are valid through the end of membership period specified while purchasing the membership, or as indicated on the Offer, unless otherwise specified. We reserve the right to remove and/or amend an Offer at any time and cannot be held responsible or liable in any way if an offer is removed or amended from the App.
8.4 Licensor takes no accountability and responsibility in case of Offers are only redeemable with the issuing merchant.
8.5 Licensor takes no accountability and responsibility in case of Offers apply only to the items/services and location(s) specified on the Offer.
8.6 Licensor takes no accountability and responsibility in case of Offers are exclusive and not valid in conjunction with any other discount offers, promotions, special offers or dining/loyalty/employee/rewards programs, and do not apply to any additional service charges or taxes.
8.7 Licensor takes no accountability and responsibility in case of Offers are valid any time during the issuing merchant’s hours of operation, unless specified on the Offer and minimal exclusion days apply.
8.8 Licensor takes no accountability and responsibility in case of Unauthorized reproduction, resale or modification of any Offer is prohibited. Offers are void if resold or bartered.
8.9 Licensor takes no accountability and responsibility in case of Offers are not redeemable for cash.
8.10 Licensor takes no accountability and responsibility in case of Offers are available per merchant and not per location. Thus, when you redeem an offer it will show as redeemed at all locations for that merchant. Once you have redeemed all offers for a merchant, all locations will be locked.
9. PRODUCT CLAIMS
Sharbain Technologies and the End-User acknowledge that Sharbain Technologies, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement;
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
The license is valid until terminated by Sharbain Technologies or by You. Your rights under this license will terminate automatically and without notice from Sharbain Technologies if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Sharbain Technologies represents and warrants that Sharbain Technologies will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
14. INTELLECTUAL PROPERTY RIGHTS
Sharbain Technologies and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Sharbain Technologies, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
15. APPLICABLE LAW
This license agreement is governed by the laws of the State of Florida excluding its conflicts of law rules.
- If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
- Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
- Offer Redemption:
- Redeeming an offer on the app is very simple
- Signup / Register on the app.
- Purchase a membership plan.
- Explore merchants with EXCLUSIVE offers.
- Tap on the offer you’d like to redeem.
- Present your mobile device with the chosen Offer to the merchant prior to the bill being presented.
- Ask the merchant to enter their passcode.
- Once the merchant has entered their PIN, the Offer will be redeemed and the item or service will be removed from your bill.
Offers redeemed are not inclusive of any applicable service charges/taxes and will be separately charged by merchants in compliance with local tax regulations/laws.
- Offers on 1ONUS:
- Should be presented prior to payment or requesting the bill.
- Offers apply only to the items/services and location(s) specified on the Offer.
- Are not valid in conjunction with any other discount offers, promotions, special menu items or loyalty/rewards programs.
- Can be used at any time during the issuing merchant’s hours of operation – national holidays apply.
- A maximum of 1 BOGO coupons or 1 Discount coupon can be redeemed per group/table/family unless otherwise specified, in which case terms on the front will be adhered to.
- Offers are not transferable and are void if purchased, sold or bartered for cash.
- In the case of Dining, Food, or Drinks category, the least expensive main course(s) or main menu item(s) will be deducted. If two main courses are not ordered, the offer is not valid unless otherwise specified. The two items must be from the same category as marked on the Offer, e.g. buy one “Main Course” and get one “Main Course” free.
- Only one bill will be presented per table, per group.
- Discounts do not apply to service charges.
- Offer are only valid for Dine-In unless otherwise specified.
- Prior booking may be required for certain offers and/or activities.
- Can be used 7 days a week, at any time during the issuing merchant’s trading hours – exclusion days apply
- Offers will not be valid on any public holiday unless otherwise specified.
- A Membership and its offers are intended for the personal member use and are not valid with other discount offers or in other cities unless otherwise specified.
- These offers are available per merchant and not per branch. Thus, when you redeem an offer it will show as redeemed at all locations for that merchant.
- Sharing Account:
- A user who has purchased a valid membership plan (Primary Member), can share their application membership with up to five other 1ONUS users (Secondary Members).
- All Members sharing the memership plan must be registered via the 1ONUS App and agree to the terms and conditions of use.
- Primary Members can remove Secondary Members from their shared Account at any time via the App.
- Secondary Members can choose to purchase their individual membership plan and create their own sharing account with up to 5 members.
- If a merchant or venue refuses to honor any Offer, please contact us at email@example.com.
Sharbain Technologies (DBA. 1ONUS) will not be responsible in the event that acts of God, fire casualties, illness, injury or other events beyond its control, prevent you from using any Offer.
17. REFUNDS & CANCELLATION
Membership fees are NON-REFUNDABLE. This policy applies regardless of circumstances.