The establishment BR Bars and Restaurants () and the applications for electronic devices of BR Bars and Restaurants are productions from BR KARPIK MOBILE APPLICATION, S.L., with CIF B87834826 and registered office in Paseo de la Castellana, 91 – 4ª planta Ofic.1 28046 Madrid (España).
1. General Usage Conditions
The following Usage Conditions constitute its agreement with BR KARPIK MOBILE APPLICATION, S.L. If they do not agree totally or partially with the present Usage Conditions, you mustn’t use the establishment BR Bars and Restaurants, nor the applications property of BR KARPIK MOBILE APPLICATION, S.L.
The access and use of this webpage or the BR app for mobile phones attributes the conditions of user (from now on referred to as “Users”).
BR KARPIK MOBILE APPLICATION, S.L. offers the User a variety of services consisting on the possibility, through the BR APP for mobile phones, that the User can create its account in one of the hostelry establishments co-working with BR KARPIK MOBILE APPLICATION, S.L. (from now on BR associated establishments), send it to pick it up in the establishment, or being served by the staff from the latter either in the table, bar, terrace or the place where the user requesting the service is located (depending on the availability of each BR associated establishment).
By means of a QR code available on the tables of each BR associated establishment, the user will be able to have full control of the status from the order and its bill, having previously scanned the code through the BR app (from now on BR APP) for mobile phones.
Through the BR APP, each user can pay the cost of its consumption as well as divide the sum of the service among the people using the BR APP in the bill. By using the BR APP, each of the guests can add its part of the bill from his/her mobile phone, through credit card by means of a payment gateway, or directly to the cash desk from each BR associated establishment, in exchange of unconditional acceptance of the present Legal Terms.
The User declares and acknowledges the reading of the following Usage Conditions on its integrity. Likewise, by using the services provided in establishments from BR Bars and Restaurants, the Users accept without hesitation the present Usage Conditions.
BR KARPIK MOBILE APPLICATION, S.L. holds the right to modify in any given moment the Usage Conditions, either total or partially. Then, it is the User’s responsibility to revise periodically the most updated version from the Usage Conditions which will be published in the BR Bars and Restaurants establishments. It will be understood that Users have accepted the most recent version every time they use the site BR Bars and Restaurants.
By accessing or using in any way the BR Bars and Restaurants establishment, or the BR APP for mobile phones, the User accepts submitting to the present Usage Conditions.
The use of the site BR Bars and Restaurants is held under some responsibility limitations on the part of BR KARPIK MOBILE APPLICATION, S.L. If you wish to know more about this, consult the section “Responsibility Limitations”.
1.1 The BR Bars and Restaurants Platform:
The site BR Bars and Restaurants is a platform which allows the User to contact with the restaurants included on the same one, among other functions. BR KARPIK MOBILE APPLICATION, S.L. acts exclusively as an intermediary in relation to both the hostelry services requested by the Users, and the payouts of such services, either by payment gateways or direct payment in the establishment by such Users.
1.2 Promotional offers “BR Coins”
When you download and install the BR APP in a mobile phone, the User has to open a BR account. It will be of use, among other things, to get BR COINS in all BR associated establishments. The User can benefit itself from several promotions in courses, offers, discounts, etc. proposed either by BR or by the establishments associated to BR, once they have cashed their BR COINS. Not all BR associated establishments have promotional offers.
1.3 Free use of the site BR Bars and Restaurants:
Services provided in the site BR Bars and Restaurants are generally free.
Charges could be made, specifically in changes in the services provided, the network’s evolution, or technical and legal imposition. Users must be informed about any of this by means of updating the present Usage Condition’s or by inserting special conditions in relation to paid services from the site BR Bars and Restaurants.
1.4 Services offered by a third party:
Users declare to have proof that the site BR Bars and Restaurants remits to paid services.
Prices or range of prices of the BR associated establishments are linked to them, being them responsible of its appropriate update. In any case, BR KARPIK MOBILE APPLICATION, S.L., as intermediary of the services does not guarantee in any case the exactitude of such information, nor it will be responsible of the possible disagreements that can arise between Users and BR associated establishments, as a consequence of the existence of disagreements between the prices and the services offered by the establishments.
1.5 Links to third parties’ websites:
The site BR Bars and Restaurants can contain links to websites managed by third parties. Such links have just informative purposes. BR KARPIK MOBILE APPLICATION, S.L. does not control these sites and is not responsible of its content, its privacy polices or other practices they can make. The publication of such links to those sites does not constitute any approval of the elements contained within those places, nor represent any kind of association to its publishers. It is responsibility of the Users to deem it necessary or appropriate before using or doing any kind of transaction.
1.6 Access and Use of the site BR Bars and Restaurants
The use of the site BR Bars and Restaurants is held under the following accumulative requirements of suitability as Users you must:
Be 18 or superior to that age.
Have legal capacities to assume legal obligations.
1.7 Access to the site BR Bars and Restaurants:
BR KARPIK MOBILE APPLICATION, S.L. holds the right to suspend, delete or modify total or partially the site BR Bars and Restaurants or the services offered in the site or the BR APP with no previous notification. Likewise, BR KARPIK MOBILE APPLICATION, S.L. holds the right to suspend the access to the site BR Bars and Restaurants or the BR APP, to all or some of the Users for maintenance, emergencies, or any other reasonable cause in any moment.
1.8 Conditions on creating an account:
When creating an account, the User expressly accepts and with no hesitation the present Legal Terms.
User commits itself to provide exact, updated and truthful information, specially related to its surnames, names, email addresses, and phone numbers, data required for its appropriate identification in relation to the creation and maintenance of the account.
1.9 Confidentiality of the data to access the account:
During the process of creation of the account, Users must use a name and a password, which will grant them access to such.
Such Access Data are personal and confidential. They can only be modified on request of the User or initiative from BR KARPIK MOBILE APPLICATION, S.L.
Users have full responsibility on the use of the account and their Access Data, and they commit themselves to make everything in their hands to keep the secrecy of such data and not to show them in any way to a third party.
In case of loss or theft of Access Data from the User, the latter will be liable for the damage derived from such loss or theft, and they should proceed to the modification of them as soon as possible, either through the “Help” menu of BR Bars and Restaurants, or by sending a request to the email firstname.lastname@example.org.
1.10 Deletion of the account:
Users can delete their account in any moment. To do that, they must send a request to delete their account to the email: email@example.com.
BR KARPIK MOBILE APPLICATION, S.L. will try to process the requests to delete the account in a reasonable period of time.
It is informed to the Users that from the date of deletion of the account onwards they will not be able to benefit from the services offered by BR KARPIK MOBILE APPLICATION, S.L., and the BR COINS collected, if any, will be supressed.
1.11 Users’ Obligations
Users commit themselves to use the site BR Bars and Restaurants in accordance to the present Usage conditions and the applicable regulations. Specifically, Users commit themselves not to do any of the mentioned forbidden actions below.
The contents and data from the site BR Bars and Restaurants (included, among others, messages, data, information, text, music, sounds, pictures, graphics, videos, maps, icons, software, codes, or any other element), as well as the infrastructure used to transmit said contents and information, belong to BR KARPIK MOBILE APPLICATION, S.L.; the Users commit themselves not to modify, copy, distribute, transmit, publish, put on disposition of a third party, reproduce, grant licenses, make works derived from, cede, sell nor resell information, software, products, or services which have been obtained from or through the site BR Bars and Restaurants. It is strictly forbidden the copy, reproduction, re-emission, redistribution, or total or partially of the content from the site BR Bars and Restaurants without the previous written consent from BR KARPIK MOBILE APPLICATION, S.L. To get such authorization, get in contact with BR KARPIK MOBILE APPLICATION, S.L. on the following address: firstname.lastname@example.org.
Likewise, the Users commit themselves no to carry out any of the following actions:
Use the site BR Bars and Restaurants or its contents with illegal, illegitimate or fraudulent purposes;
Supplying users’ or restaurateurs’ contents which are illegal or untrue, specifically those which constitute an invasion of privacy, also those which are abusive, inappropriate, threatening, or incites people to hatred or violence, and even those which are protected by rights of intellectual property if they are not headings from them or do not have the permission of the owner;
Use, monitor, extract or copy the structure, contents or data from the site BR Bars and Restaurants, or actions of any user in the site BR Bars and Restaurants by means of robots, web crawlers, scrappers, spywares, a keyboard recorder, or any other programme, automatic device or manual process for any purpose;
Weaken relative restrictions relative to the robot’s exclusion files in the site BR Bars and Restaurants, or elude the measures aimed to avoid or limit access to the site;
Stablish an invisible link to the site BR Bars and Restaurants for any reason;
Frame, reflect or insert elements from the site BR Bars and Restaurants on another website;
Try to modify, translate, adapt, revise, decompile, disassemble, or manipulate with reverse engineering techniques the programmes used for BR KARPIK MOBILE APPLICATION, S.L. in relation with the site BR Bars and Restaurants or its services.
Intentar modificar, traducir, adaptar, revisar, descompilar, desensamblar o manipular con técnicas de ingeniería inversa los programas usados por BR KARPIK MOBILE APPLICATION, S.L. en relación con el Sitio BR Bars and Restaurants y/o sus servicios.
1.12 Suspension or cancelling the services
In case of failure to comply or total or partial nonobservance of the obligations or the dispositions from the present Legal Terms on the part of the User, or in the case that the User carries out any of the forbidden actions previously stated, or any justified cause, BR KARPIK MOBILE APPLICATION, S.L. can modify, suspend, limit or cancel the access of such User to all or some services from the site BR Bars and Restaurants, without the User holding any rights to claim any compensation or being exempt of perjury from the ones BR KARPIK MOBILE APPLICATION, S.L. can claim in court, and which will include in all cases indemnity for damages caused.
1.13 Rating of BR establishments and Contents provided by the User:
Users will be able to rate the service offered by BR establishments, once they have made use of such. For such matter, Users must have an account that identifies them in the site BR Bars and Restaurants, or at least they must have been invited to publish it via an email sent by BR KARPIK MOBILE APPLICATION, S.L.
In the same way, the section BR Club from the site BR Bars and Restaurants, will show a list of activities which User have decided to share freely in Social Media.
BR KARPIK MOBILE APPLICATION, S.L. holds, exclusively, the right to select among all the content the Users have uploaded to social networks, what links will appear in BR Clubs. In that sense, the User cannot demand in any way to BR KARPIK MOBILE APPLICATION, S.L. that one of its publications appears in the site BR Bars and Restaurants.
BR KARPIK MOBILE APPLICATION, S.L. does not assume any kind of responsibility dealing with the content published by the User in Social Media, and more specifically, it does not hold direct or subsidiary responsibility on the complains derived from the grade, reliability, accuracy or appropriateness from such contents. In any case, the User must submit to the regulations of each social network in which he/she wants to publish content, at least in the legal aspects from his/her activities in Social Media.
The rating which appears in the site BR Bars and Restaurants for each BR establishment is an average weighted with all the rates received.
Likewise, BR KARPIK MOBILE APPLICATIONS, S.L. will remain submitted to the conditions established by each Social Network relative to the way of distributing the contents which the User has shared in Social Medial, related or not with the services offered by BR KARPIK MOBILE APPLICATION, S.L.
1.14 Intellectual Property:
All contents, as well as the elements within that content (which includes among others, data, pictures, graphics, animations, creativities, sounds, audios, videos, drawings, software or texts, brands, logotypes, trade names or distinctive feature, colour mixtures, structures or designs, selections of materials used, computer software vital for their functioning, access and use, etc.) are property of BR KARPIK MOBILE APPLICATION, S.L. or, if any, of its licensers, third parties, so that such data are protected by the current regulations on industrial and intellectual property.
The User commits itself to respect the rights of Intellectual and Industrial Property ownership from BR KARPIK MOBILE APPLICATION, S.L. or, if any, its licensers.
The services and content publication through the Site will not imply in any case the cession, renouncement, or total or partial transference of the ownership of the corresponding rights of industrial and intellectual, or any other right.
In the same way, the User cannot use, nor spread, distribute publish, export, exploit, reproduce nor copy all or part of the content or the design from the Site (including graphic, word brands, website keys, commentaries, sentences, etc.) without the previous written consent from BR KARPIK MOBILE APPLICATION, S.L.
The ideas, suggestions, commentaries provided by the User through the contents means the cession, exclusively and transferable, with no territorial nor temporal limitation and free character to BR KARPIK MOBILE APPLICATION, S.L. of all the rights to use, distribute, exploit, export, publish, diffuse, and reproduce all those ideas, suggestions or commentaries in the site, or other media or platform they deem considerable, whether free of charge or not, even with the possibility of altering and transforming it, or to make modifications derived from such content, without having the right to compensation, refunds, fare payments or any other economic rights in favour of the User.
The User must abstain itself from deleting, eluding, or manipulating any protection device, or security system installed in the Site.
1.15 Responsibility limitations:
BR KARPIK MOBILE APPLICATION, S.L. as intermediaries of the services, does not offer any guarantee in relation to the content, objectivity or accuracy of the services that BR establishments can offer within their places, or their application for mobile phones. Consequently, BR KARPIK MOBILE APPLICATION, S.L. does not guarantee the User its satisfaction with commercial activities or the products and services received by making use of tools put to disposal of the user BR KARPIK MOBILE APPLICATION, S.L.
Given the interactive nature from the site BR Bars and Restaurants, all the information which it contains is held to changes in any moment, without compromising the responsibility from BR KARPIK MOBILE APPLICATION, S.L.
BR KARPIK MOBILE APPLICATION, S.L. does not guarantee the continuous access to the site BR Bars and Restaurants, or to the applications for mobile phones, nor the continuity of its services. In that sense, BR KARPIK MOBILE APPLICATION, S.L. declines all responsibility in case of lack of access to the site BR Bars and Restaurants or its applications for electronic devices, and for whatever the damages be which can derive from the use or impossibility of use from the site BR Bars and Restaurants, or its applications, or its contents, with the exception where possible of the current regulations.
BR KARPIK MOBILE APPLICATION, S.L. does not guarantee that the information shown, specially that related to BR establishments is exhaustive, complete, or that it has been verified or is accurate. Information related to the products and services from BR establishments, are offered just as it is, without any kind of express or implicit guarantee.
The Users acknowledge that the pictures from the site BR Bars and Restaurants are not judicially binding.
The User accepts to exempt BR KARPIK MOBILE APPLICATION, S.L. of all responsibility in case of not having the possibility to benefit total or partially from all, or some of the services of the BR associated establishments. In fact, the configuration of the bills’ management system on real time software depends partly on the information provided by each BR establishment, and it may not correspond with reality. So, for instance, the User accepts exempting BR KARPIK MOBILE APPLICATION, S.L. from further responsibility in case of cancellations for any reason, establishment’s closure (due to any reason) or that a third party denies giving their services for any cause.
Likewise, the User accepts to exempt BR KARPIK MOBILE APPLICATION, S.L. of all responsibility in case of not having the possibility to benefit from promotions or special offers proposed by an BR associated establishment. The User accepts exempting BR KARPIK MOBILE APPLICATION, S.L from any responsibilities in case that an BR associated establishment denies applying promotions or special offers for any due reason.
Given the current state of the technique and the characteristics and limitations from the Internet, the User acknowledges that it is impossible to ensure the full security of the data exchanged through any communicative network, and specially from Internet. BR KARPIK MOBILE APPLICATION, S.L. declines all responsibility due to any incident which can take place as a consequence of data transmission through the communicative networks, and specially the Internet.
The User agrees to protect or compensate BR KARPIK MOBILE APPLICATION, S.L. against all responsibility, damage, expenditure, complaint, or derived cost from any complain or litigation, whether judicial or extrajudicial, in relation to the use of the services offered by BR KARPIK APPLICATION, S.L.
The User acknowledges and accepts explicitly to use the site BR Bars and Restaurants on their own risk and account, under their full responsibility.
BR KARPIK MOBILE APPLICATION, S.L. allows all its co-working BR establishments to offer and sell their products in the application(s) BR Bars and Restaurants. In spite of BR Bars and Restaurants making transactions easier through BR Bars and Restaurants, BR KARPIK MOBILE APPLICATION, S.L. is not the buyer nor the seller of the products offered by their co-working establishments. BR KARPIK MOBILE APPLICATION, S.L. just facilitates a place where buyers/users and sellers can offer and acquire hostelry services. Consequently, the corresponding contract which is generated once the account has been created through the application BR Bars and Restaurants, and the later purchase of any product sold by an BR associated establishment, concerns exclusively to the buyer/user and the seller of such product. BR KARPIK MOBILE APPLICATION, S.L. is not part from that contract, does not take any responsibility related to that contract, nor acts as a representative of their BR co-working establishments. Each of them is responsible for the sale of their products as well as assisting in the complaints from the buyer/user, or with respect to any related affair with such contract between buyer/user and seller. However, due to BR KARPIK MOBILE APPLICATION, S.L. looking to make easier as much as possible the buyers/users’ experience with BR Bars and Restaurants, BR KARPIK MOBILE APPLICATION, S.L. offers users the possibility to download their invoice from the services they have requested through the application BR Bars and Restaurants, during the period of 15 days beginning the day after the one having used each service. From that period onwards, the buyers/users must address particularly each of the establishments from which they want invoice. To make that task easier, Users can consult the contact data from each establishment through the application. In case of disagreement between the information within the invoice referent to a specific service offered by a specific BR associated establishment and the invoice with reference to this establishment provided by the application BR Bars and Restaurants, only the invoice from the establishment will be valid.
1.16 Notification and deletion of illegal content:
If an User considers that there are elements or contents published in the site which are illegal o that weaken their authorship’s rights, he/she will have to get in contact with BR KARPIK MOBILE APPLICATION, S.L. via registered mail with acknowledgment to “Legal Department”, or via email to the address email@example.com, including the sentence “to the attention of the Legal Department“ in the subject line, and remitting the supporting documentation of the rights they may dispose of. Once this procedure has been followed, and after stating the veracity of the notification, BR KARPIK MOBILE APPLICATION, S.L. will try to delete the illicit content promptly.
1.17 Divisibility of the articles:
In case that any of the established dispositions in the present Usage Conditions is declared null and void, illegal, unenforceable or inapplicable, the validity, legality or applicability from the rest of dispositions will not be affected or diminished, and such dispositions will maintain its full validity.
BR KARPIK MOBILE APPLICATION, S.L. can proceed to draft a new clause which can restore the common willingness from the Parts, as it is expressed in the original clause, always in accordance with the applicable regulation.
As long as the current regulations permits it, all complaint, litigation or derived question, or related to the Usage Conditions it will be submitted to the jurisdiction of the courts in Madrid.
2. BR COIN Programme – Special Conditions:
The Programme BR COIN allows the Users to accumulate loyalty points (BR COIN) for each euro spent in an BR associated establishment using the BR APP.
Each User who disposes of an account in the site can take part in the BR COIN software.
The participation in the BR COIN programme is free and automatic with each purchase made through the BR APP in an associated establishment.
The number of BR COIN earned by each User is stored in the User’s account and the remaining amount can be seen in the section BR APP Promotions. The BR COIN are personal and not transferable for each User’s account. They never expire. However, BR KARPIK MOBILE APPLICATION, S.L. holds the right to change the expiration conditions from its BR COIN. In this case, BR KARPIK MOBILE APPLICATION, S.L. will inform users via the email they have facilitated on the registration process in the BR APP, with at least 6 months previous to the change of expiration conditions from the BR COINS.
2.1 BR COIN Usage:
2.2 Conversion in Loyalty Rebates
Once obtained and after making a purchase in the associated BR establishments, the BR COIN can turn into a discount from the next invoice in an associated BR establishment which takes part in the programme BR COIN.
Concretely, the User will generate 1 BR COIN for euro in purchases made in an BR associated establishment. After that, the User will have earned a 1€ for each 10 BR COINS collected in their account.
All establishments are associated to the BR COIN programme as long as they have active products in the section BR APP Promotions, to be able to benefit from such discounts and cash the BR COINS in their USER’S account.
To benefit and cash all its BR COIN in a discount, Users have to access the section BR APP Promotions and benefit from the discount in prices “X/Y € less”. All prices acquired and selected in the section BR APP Promotions which are in their account will have applied a discount in the price (X) BR COINS before proceeding to pay.
Even though the cost of the discount for paying with BR COIN is higher than the cost on the invoice, the tax deduction applied by the associated establishment cannot exceed the cost on the invoice. In other words, the establishment does not have to give to the User the difference between the discount of payment with BR COIN and the cost on the invoice.
If there is a promotional offer applicable to the booking, the establishment will apply it before deducting the discount of payment with BR COIN.
The BR COIN are strictly personal, they lack of monetary value, and cannot be borrowed, ceded, sold, nor used for different purposes than the ones defined by BR KARPIK MOBILE APPLICATION S.L. in the present Legal Terms.
2.3 Deletion of the BR COIN
BR KARPIK MOBILE APPLICATION, S.L. holds the right to deny or delete the BR COIN obtained by the Users if they determine or justify that the use or the obtaining of the BR COIN has been fraudulent, illegal or made by mistake, or in no compliance with the special conditions from one promotion or what is stipulated on the present Legal Terms.
In the same way, the failure to comply with the present Usage Conditions on the part of the User, any abuse or fraudulent use of the site BR Bars and Restaurants or the BR COIN, or any harmful attitude towards the interests from BR KARPIK MOBILE APPLICATION, S.L. can be object of suspension of the User’s account or the immediate deletion from the whole or part of the BR COIN collected in the User’s account in the site BR Bars and Restaurants without any previous notification and will have no right of compensation.
2.4 Modification/suspension/closure of the Programme BR COIN
BR KARPIK MOBILE APPLICATION, S.L. holds the right to modify, suspend, or end the BR COIN Programme on any moment and without any responsibility. In that case, BR KARPIK MOBILE APPLICATION, S.L. will inform Users via email or the corresponding publication in the site BR Bars and Restaurants, indicating the new conditions from the BR COIN programme or the ones related to its closure.
2.5 Responsibility limitation:
Regarding the BR COIN programme, BR KARPIK MOBILE APPLICATION, S.L. has only the obligation make reasonable efforts and assume responsibilities relative to the assignation of BR COIN to the Users. Consequently, BR KARPIK MOBILE APPLICATION, S.L. declines all responsibility in case of a complaint related to the BR COIN after BR KARPIK MOBILE APPLICATION, S.L. has assigned the accurately to an User. More specifically, BR KARPIK MOBILE APPLICATION, S.L. has no responsibility whatsoever for the events occurred after a conversion of a BR COIN to a discount.
That way, BR KARPIK MOBILE APPLICATION, S.L., is not responsible that a restaurant does not apply the payment discounts with BR COIN.
In any case BR KARPIK MOBILE APPLICATION, S.L. declines all responsibility in relation to the BR COIN programme in case of non-contractual compliance or the user’s fault.