GENERAL TERMS AND CONDITIONS OF PROST Australia
as of September 1st, 2017
TABLE of content
- Scope of Application
- Offered Services
- User Account
- Obligation of Users and Account Security
- Termination of Contract
- Data Protection Declaration
- Choice of Law and Place of Jurisdiction
- Severability Clause
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter „GTC“) shall apply to any and all business relations between PROST, 47 Smith Street, Sydney (hereinafter “PROST”), as the operator of the website www.PROST.io and the mobile app PROST (hereinafter both together “Site”) and visitors to the Site, as well as persons who use the services offered on the Site of PROST (hereinafter referred to as “Users”).
1.2. Any deviating or subsidiary agreements to these GTC must be stipulated in writing. PROST expressly declares that it wishes to contract only on the basis of its GTC. The user declares that he had the possibility to get full knowledge of the content of the GTC before conclusion of the contract and to agree with the content.
1.3. The GTC can be accessed, printed, downloaded and saved at any time on the website www.prost.io/terms-conditions.
1.4. PROST reserves the right to change these GTC or any provisions contained therein as well as any policies or instructions given on the Site at any time without giving any reasons. Should Users not exclusively benefit from the changes, PROST will make these changes available on www.PROST.io/termsconditions. In addition, PROST will explicitly notify its Users of any changes by sending the information to the User’s email address or by informing otherwise. Unless the User objects within 10 working days, the changes will be considered accepted by the User.
2. Offered Services
2.1. PROST offers marketing services through bars, restaurants and similar facilities (hereinafter “Partner”). This means that Users are given the opportunity to discover and purchase products and services from these Partners.
2.2. The registration of the User is a prerequisite for the use of the Site and the services offered by PROST. The user does not purchase any products from PROST directly at any time. In particular, PROST offers its users the possibility to get drinks of different kinds in the form of a discount from the Partners, for which PROST provides the User coupons at the User’s option at regular intervals.
2.3. Partners may change at any time at PROST’s sole and free discretion.
2.4. The coupon can only be applied with the Partner if the User identifies himself as such before the order is submitted, mainly by presenting the coupon provided by PROST. PROST acts only as an intermediary agent. The actual redemption of the coupon is solely the responsibility of the Partner. The contractual partner of the User is exclusively the Partner. PROST itself is only an intermediary agent with regard to this contractual relationship. Therefore, only the Partner is responsible for the fulfillment of this contract. The User cannot claim any claims of compensation against PROST.
2.5. The redemption of the coupon is at the Partner‘s sole and free discretion.
3. User Account
3.1. To make use of PROST services, the user must provide some personal data. In this regard, we refer to the separate data protection declaration of PROST.
3.2. With the registration and creation of the User account as well as the entry of the data for the payment of fees, a contract of use is concluded between the User and PROST. The contractual content is the use of the Site and the use of PROST services. The user does not have a right to the conclusion of such a contract and PROST can refuse the conclusion at any time without stating reasons.
3.3. The registration is done via an online registration form. Filling in the registration form does not constitute a contract with PROST. This is merely an offer of the User to conclude a contract with PROST. The contract comes into effect only after the data for payment of the fees has been entered and PROST has sent an acknowledgment message by email. The contract is concluded for an indefinite period of time.
3.4. User accounts are not transferable.
4. Obligations of Users and Account Security
4.1. The User must be 18 years or older to use PROST services. The User must explicitly confirm this during the registration process.
4.2. The User shall specify correct, up-to-date, and complete data when the User is prompted or otherwise requested in a registration form on the Site or otherwise.
4.3. The User shall keep his password secret and shall not give third parties access to the User account. If the User becomes aware that a third party has access to his User account, he must immediately notify PROST by email under email@example.com. In such case or if there is reason to believe that the person using the services is not the User PROST shall be free to block the User account. The User is informed about the blocking via the contact details provided by the User. New access data can be provided to the User on request.
4.4. The User shall immediately update the registration data and any other data provided by the User on the Site to ensure that it remains accurate, up-to-date and complete.
4.5. The User accepts all risks arising from unauthorized access to the registration data and other data made available on the Site.
4.6. The User uses the Site only for personal and non-commercial purposes.
4.7. The User maintains only one account at a time and does not allow it to sell or transfer the account to a third party, or to exchange the account with a third party, or otherwise make the account available to a third party.
4.8. The User is responsible for all activities that are performed from the User account. In the event that the User has forgotten the login credentials and wants to restore them, he will be directed to a password recovery page.
4.9. The User refrains from any business-damaging behavior against PROST and its Partners.
5.1. PROST currently offers its services under the contract of use for a fee of $14.99 (including VAT) per month. PROST reserves the right to adjust the fees at any time. Changes of the fees will be communicated via the update of the Site or any other means deemed appropriate by PROST. Unless the User objects within 10 working days, the changes are considered accepted by the User and are valid for the next billing period.
5.2. The fees are paid in advance for one month. Payment is only possible by credit card or direct debit. The first-time debit of the user’s credit card or bank account is made on the day of the conclusion of the usage contract.
5.3. The user provides the following data:
5.3.1. Credit card payment: cardholder, card number, credit card company, date of validity, CVV code and, depending on the credit card, MasterCard SecureCode or Verified by VisaCode.
5.3.2. For direct debit: IBAN and the full name of the account holder.
5.4. Credit card and account data are securely processed and stored by our partner Stripe (Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland) (hereinafter “Payment Processor”), one of the leading providers of mobile payment processing. PROST does not store credit card or account data. The processing of payments is subject to the terms and conditions and the data protection guidelines of the Payment Processor.
5.5. Upon completion of the contract of use, the User authorizes PROST to charge the credit card or bank account specified at the time of registration with the due fees as well as the monthly recurring fees, which can be adjusted from time to time.
5.6. The User further authorizes PROST upon prior consent of the User to charge the credit card or the bank account with other service fees incurred by the User in connection with the use of the Site.
5.7. Fees and other service charges already paid are non-refundable.
6. Termination of Contract
6.1. PROST may, at any time, terminate the contract of use with a notice period of 14 days without stating any reason and shall deactivate the user account after expiry of the period.
6.2. In case of important reasons such as (suspected) transmission of user data, debit of the credit card or the bank account is not possible, lack of age, failure to comply with the requirements of section 4.8. PROST has the right to terminate the contract of use with immediate effect.
6.3. The User may terminate the contract of use at any time without stating reasons by deactivating his user account (cancelation of the subscription). The mere deletion of the mobile app may not be considered as termination of the contract of use. From this point onwards, he can still log on to his user profile and use the PROST services for the rest of the current billing cycle.
6.4. In any case, the User will be notified of the termination of the contract.
7. Data Protection Declaration
The data protection declaration is an integral part of the GTC. For reasons of clarity, this declaration is provided in a separate document.
PROST shall be liable for any damages that may occur, with the exception of personal injury, only insofar as these have been intentionally caused by PROST or at least grossly negligent. Any other liability is excluded to the extent permitted by law.
9. Choice of Law and Place of Jurisdiction
9.1. Any disputes arising out of or in connection with this contract shall be assessed exclusively in accordance with Australian law, with the exclusion of reference standards and the UN purchase law.
9.2. The place of jurisdiction is Sydney.
10.1. Links to other websites
The Site may contain links to external websites (“External Websites”) and external content (“External Content”) for information purposes. The use of such External Websites, External Content or services offered there is at your own risk. PROST has no influence or control over such External Content and External Websites and does not take any responsibility for this. The provision of such links is to be viewed as an additional service and may not be construed as if PROST approves, endorses, recommends or affiliates such External Websites or External Content. PROST is not responsible for verifying changes, updates, or the quality of content or policies on the nature or reliability of External Content, External Websites, or Internet sites that refer to the PROST site.
10.2. Advertisements and promotions
PROST may display ads and promotions from third parties on the Site. The business or correspondence with such third parties or the participation in the advertising campaigns of such third parties as well as all conditions, specifications, warranties or assurances which apply in connection with such transactions shall apply only between the User and this third-party provider. PROST is neither responsible nor liable for any loss or damage resulting from such transactions or arising out of the existence of such promotions on the Site.
11. Severability Clause
If a provision of these GTC is or becomes invalid or unenforceable, this shall not affect the permissible validity of the remaining provisions. In this case, the invalid or unenforceable provision shall be replaced by a valid, effective and enforceable provision which corresponds or comes closest to the purpose of the provision to be replaced.
Questions And Comments
If you have any questions regarding these Terms or your use of the site, please contact us at:
47 Smith Street
Surry Hills, NSW 2010