Bebs U.S. Merchant Terms and Conditions

Last updated on 3 June 2024

Welcome to Bebs, a multipurpose app that allows you to connect with other users for dating, social networking, and e-commerce purposes. Bebs is owned and operated by Beber Inc, a company registered in Delaware, USA, with its address at 8 The Green Ste A Dover, DE 19901.

By downloading, installing, or using Bebs, you agree to be bound by these terms and conditions, which constitute a legal agreement between you and Beber Inc. If you do not agree to these terms and conditions, please do not use Bebs.

These terms and conditions govern your access and use of Bebs, as well as any content, products, or services that are offered or provided through Bebs. These terms and conditions also include our privacy policy, which explains how we collect, use, and protect your personal information when you use Bebs.

Please read these terms and conditions carefully before using Bebs. If you have any questions or concerns about these terms and conditions, please contact us at [email protected]. We reserve the right to modify or update these terms and conditions at any time without prior notice. You are responsible for reviewing these terms and conditions periodically to ensure that you are aware of any changes. Your continued use of Bebs after any changes to these terms and conditions will constitute your acceptance of such changes.

1. Acceptance of the Terms and Conditions 

Acceptance of the terms and conditions occurs if the Service is accessed or used through any of the Bebs platforms by clicking to agree to this Agreement on the website; or by signing an Agreement that includes this Agreement, refers to it or incorporates it by logging into the User’s personal account on the Bebs platform. The User accepts and agrees to this Agreement by doing so. The User can review the terms and conditions at any time on the app or the website.

2. Authority to Bind the User with Obligations 

An individual who accepts and agrees to this Agreement thereby represents and warrants that he or she has the authority and capacity to accept and agree to this Agreement on behalf of the User and the User’s legal entity, and that this Agreement is legally binding on them. Arbitration Agreement. The “Disputes” section of this Agreement contains provisions that will govern any claims that the parties may have against each other, including a mandatory arbitration provision that requires the parties to resolve their disputes through binding arbitration instead of in court. The User can opt out of this arbitration provision within 30 days of accepting this Agreement by following the instructions in the “Disputes” section.

3. Definitions

Capitalized words not otherwise defined in these Terms and Conditions of Agreement will have meanings assigned to these words in rest of this Agreement or in any annexes, appendices or appendices to this document and documents included by reference or hyperlink. In event of a conflict between these Terms and Conditions of Agreement and any other terms and conditions of this Agreement, details of Agreement (if applicable) and then these Terms and Conditions of Agreement will prevail to extent that they contradict each other. Capitalized words in this Agreement have meanings given below:

• Platform or Platforms - bebs.app website, including but not limited to subdomains shop.bebs.app, restaurant.bebs.app, Bebs mobile app for Android and iOS.
• Agreement - means Terms and Conditions of Agreement, as well as any attachments, graphics or attachments, documents included by reference or hyperlink, and any documents that include Terms and Conditions of Agreement by reference or hyperlink, such as an order form or similar written document.
• Applications or Applications - a technology known as “Bebs Application”, and a similar technology of Bebs or its Affiliates, which allows Buyers to purchase Service from User and request services for delivery of specified Service.
• Buyer - an individual who purchases User’s Service using Bebs Platforms.
• User - means a legal entity that is not part of Bebs (unless it is an authorized Bebs store) that has agreed to this Agreement, and includes subsidiaries, affiliates, directors, employees, agents, legal successors and assigns of this legal entity or these legal entities, as appropriate.
• Transaction or Transactions - means sale of one or more Service by User to Buyer through Bebs Platforms.
• Order - Paid Service/Coupon, information about which was received in User’s personal account on Platform for further processing /sale /delivery.
• Service - a physical item of value or a gift certificate for service sold by User through Bebs platform.
• Retail price - price of Service on Bebs Platforms, excluding separately specified Sales Taxes.
• Bebs - including legal name Beber Inc.

4. Sales Channels

The User can sell Service using a personal account on the bebs.app website. The Service is displayed in the Bebs app and is arranged according to the rules of Bebs internal algorithms and user settings, as well as their location. The User is responsible for complying with the applicable laws and regulations in their location when using the app.

5. User’s Guarantees

The User guarantees that:

• They will not use any personal information of the customer received from Bebs in connection with the provision of delivery services for any reason other than for the purpose of providing delivery services for a specific Order of this customer. The User will not store the customer’s personal information or any personal information of the customer for longer than it is required to perform delivery services for a specific Order of this customer.
• The Service they sell is not dangerous and complies with all the norms of local legislation.
• They have all the necessary licenses to carry out their activities (if applicable).
• They comply with all the rules of this Agreement and fulfill their obligations arising from this Agreement.

The User is liable for any damages or losses caused by their breach of these guarantees.

6. Required Licenses

The User must have and maintain all necessary licenses. At the request of Bebs, the User must provide copies of the relevant Required Licenses. The User will immediately notify Bebs of any changes, expiration, cancellation, renewal or termination of any applicable Required Licenses and, upon request, Bebs will provide copies of any new applicable Required Licenses. Failure to comply with the User’s obligations in this section may lead, at Bebs’ sole discretion, to the suspension and/or removal of the User from Bebs. The User is responsible for paying any fees or taxes associated with their licenses.

7. User Conduct

Users of Bebs should respect local laws, rules of good manners, and acceptable behavior. It is important to engage with others in a respectful and considerate manner, ensuring a positive experience for all users. Please adhere to the guidelines outlined in the Bebs terms of service to maintain a welcoming and inclusive community.

8. Bebs Licenses

If the User wants to sell a Service with the Bebs logo and/or name, brand a place in their restaurant and/or store, and use the Bebs logo and/or name in any other way, they must obtain Bebs’ written permission to use the trademark. Remember that all rights to the Bebs logo and name belong to Beber Inc and are protected by law. A User who has received permission to offer a Service using the logo and/or name of Bebs must indicate the license number in the description of such a Service. The User must comply with the Bebs trademark guidelines when using the Bebs logo and name.

9. Fees

Bebs charges the User fees for using the app, which include:

• Payment for the trading platform. Bebs charges the User a commission for all Orders through the app.
• Delivery fee. Bebs charges the User a commission on the shipping cost set by the User.
• Fees for a successful transaction. Bebs covers the fees for a successful transaction and the use of third-party services to process such transactions, such as PayPal, from its commission, which does not affect the User’s income in any way.

The User will see the amount of commission that Bebs will deduct from them when filling out the Service price in their personal account on the app. The User can review the current fee rates at any time on the app or the website.

For restaurants

For shops

10. Delivery

The User undertakes to deliver the Service offered by them on the app. The User can select a transport company or courier service in the settings of their Service card, through which they will deliver the Service. Currently, Bebs allows Users to ship Service through the following shipping companies: UPS, USPS, DHL, FedEx, DPD, Courier. The User cannot ship Service by any other transport company, as Bebs currently does not support tracking shipments through other transport companies. If “Courier” is selected, the User confirms that the delivery will be carried out within their city of location by their personal courier service or by their hired local courier service, in which case they undertake to independently change the status of the Order to “Sent” and “Delivered”. The User is responsible for ensuring that the delivery is completed successfully and safely.

11. Tracking Orders

Bebs uses a third-party API to integrate shipment tracking. It is free for the User, as Bebs covers the cost of tracking services. After sending the Order, the User must:

• Select the chosen courier service when creating a Service card and adding it to the app, otherwise tracking the Service will be impossible, and Bebs may suspend or remove them from the app for violating this Agreement.
• Enter the tracking number for tracking the Order in the interface of their corresponding Order on the app.
• Update the status of the Order to “Sent” and “Delivered” accordingly.

12. Discounts for Users

Bebs provides its users with discounts on the Service offered by them on the app by reducing its commission. This does not affect their income in any way. The User can review the current discount rates at any time on the app or the website.

13. Delivery Zones

Bebs allows Users to choose several options for delivery zones:

• Countries - The User can choose any or all countries from the proposed list of countries when creating a Service card. With multiple choices of countries, it is impossible to choose a more refined delivery option in one of them, such as by states.
• State/Province/Region - If they select one country (for example, USA), they can choose which states they want to deliver to.
• City - If they select only one state/province/region, they can choose the cities in which they want to deliver their Service.

14. Taxes on Fees

All fees charged by Bebs to the User are exclusive of applicable Sales Taxes. Where applicable, Bebs will charge Sales Taxes in addition to (and may collect Sales Taxes in the same manner as) the associated fee.

The User is a “seller”, “retailer” or “vendor” of all Service that will be available for sale through Bebs. The user is responsible for determining and setting the retail price for each service, as well as for remitting all applicable income taxes, if required by applicable law. Bebs withholds and remits sales tax.

The User is responsible for complying with the applicable tax laws and regulations in their location when using the app.

15. Permission to Collect Sales Taxes 

The User authorizes Bebs to collect Sales Taxes on behalf of them based on information provided by them (including, but not limited to, Service descriptions and Additional Information) to Bebs through Bebs Tools or otherwise agreed by the parties.

The User can review and update their tax information at any time on their personal account on the app.

16. Bebs Tools and Sales Taxes

The functionality of Bebs Tools may be based on the interpretation of federal, state and local laws and information provided by tax authorities. The User’s use of Bebs Tools, including any communication with the support service, does not in any way constitute the provision of legal or tax advice.

Bebs does not guarantee that Bebs Tools will accurately calculate or collect Sales Taxes for all Transactions or in all jurisdictions. Bebs is not liable for any errors or omissions in calculating or collecting Sales Taxes using Bebs Tools.

The User should consult a professional tax advisor if they have any doubts or questions about their tax obligations.

17. Removing Unsupported Elements and Erroneous Bids 

Although Bebs Tools provide the means to apply Sales Taxes to a User’s Transactions, Bebs Tools may not currently support Sales Tax configurations applicable to certain Service that a User wants to sell through Bebs. In such cases, Bebs reserves the exclusive right to decide whether the User can offer such Service for sale through Bebs. Bebs may notify them of certain Service or Service categories that are Unsupported Service. The User agrees to comply with such notice, and if they do not comply, they will be solely responsible for all risks of damages associated with the continued sale of such Unsupported Service.

The User must immediately notify Bebs if they believe that any accruals (or lack thereof) in respect of Sales Taxes were erroneous or inaccurate.

The User also undertakes to choose a Service category that is correctly applicable to the Service they are offering. The User cannot offer Service that do not fit the list of Service categories available for offering on Bebs.

18. Laws on Intermediaries in the Market

The laws on intermediaries in the market may require Bebs to collect and remit Sales Taxes directly to the tax authorities. In jurisdictions starting from the applicable transition date, Bebs may determine the amount of applicable Sales Tax that Bebs will collect and remit to the tax authority based on Service descriptions and Additional information provided by them. To be clear: Starting from the applicable Transition Date, any covered Sales Taxes (including those that were not paid to them during the Reconciliation Process) will be collected by Bebs and remitted to the appropriate tax authority at Bebs’ own expense, and not on behalf of them.

The User can review the current sales tax rates at any time on the app or the website.

19. Cooperation

The Parties agree to cooperate in good faith in response to any inquiries, audits, disputes and/or investigations by tax authorities in order to substantiate and document Sales Taxes collected and remitted in accordance with sales under this Agreement.

The User is responsible for keeping accurate and complete records of their sales tax transactions.

20. Availability Of Service

The User must monitor the availability of the Service they sell and deliver all Service ordered by them. If the Service has run out, they must make it unavailable for sale in a timely manner.

The User is liable for any damages or losses caused by their failure to deliver Service ordered by them.

Users are required to update the status of an order or reservation within 24 hours of receiving such notifications in their personal account. In the case of restaurant reservations, if a reservation is not confirmed within 24 hours, it will be automatically canceled. Multiple automatic cancellations will indicate the restaurant's inactivity and may result in the blocking of the User's account who added the restaurant.

21. Service Standards and Accuracy 

The User must:

• prepare, process, store, label and package all Service in accordance with applicable laws, including, but not limited to, Food Safety Standards, laws relating to Service used or packaging materials.
• when using Bebs Tools or otherwise providing Service through Bebs, correctly identify Service, especially if Service may fall under age restrictions or identification requirements.
• define any Criteria of Service and is responsible for ensuring that all Service meet the applicable Criteria of Service;
• ensure that their menu content includes Service Criteria for each service (including any ingredient notices, nutritional information, allergen information, alcohol content (if applicable), etc.) that are accurate and comply with all applicable laws; and
• if Buyer may need to prepare, use or assemble Service in a certain way, include instructions for such preparation, use or assembly of Service that are accurate and comply with all applicable laws.

The User is liable for any damages or losses caused by their breach of these standards and requirements.

22. Service Packaging and Labeling

The User must properly pack Service for delivery, including:

• ensuring that Service provided to transport company or courier are collectively suitable for transportation;
• any protection necessary to prevent unauthorized access or damage for any reason, including inclement weather or nature of Service themselves;
• use of appropriate preservation methods (e.g. dry ice, gel packaging, bubble wrap) to ensure that Service are delivered in accordance with their intentions, as Buyer reasonably expects, and that specific Service are delivered in a safe condition, including if applicable safe for consumption; and
• provision of any certificates, marking, protection or instructions:
  
  • required by law;
  • suitable for Buyer to use, handle or consume Service correctly and safely;
  • prevent unauthorized interference or damage for any reason, including inclement weather; or
  • suitable for customer use, processing or disposal of any packaging materials.

The User is liable for any damages or losses caused by their failure to comply with these guidelines.

23. Responsibility for Service

The User is responsible for any reimbursement costs associated with Buyer’s refund of funds for Substandard Service or other relevant matters under their control (including any costs associated with receiving Substandard Service or otherwise unsatisfactory Service, if applicable)), including as an example:

• missing or incomplete Service;
• Service not fully prepared;
• Service not prepared in accordance with their internal standards.

The User authorizes Bebs to deduct such reimbursement costs from the payment that Bebs transfers to them.

24. Service Name

The User agrees that neither Bebs nor shipping company acquires ownership of any Service at any time.

The User is responsible for ensuring that their service name is accurate and does not infringe any intellectual property rights.

25. Prohibited Items

The User may not request delivery of any Restricted Service through any sales channel, except in cases where:

• Delivery of applicable Restricted Service is permitted in accordance with all applicable laws;
• The User owns and maintains all Required Licenses related to applicable Restricted Service; and
• Bebs has given them written permission to request delivery of relevant Restricted Service.

The User is liable for any damages or losses caused by their breach of these conditions.

Removal Of Service. Bebs may, at its sole discretion, remove substandard Service, unsupported Service, and Restricted Access Service from Bebs.

26. Service Pricing

The User agrees that:

• Unless prohibited by applicable law or terms of this Agreement, they will not offer Service in app at a higher price than amount that they charge for same or similar Service through any Bebs Competitor.
• They will set average market prices for Service.

The User can review and update their service price at any time on their personal account on app.

27. Records Required by Law

Where:

• Laws require them to collect and store certain information in connection with sale of Service (which may include Personal Information);
• They cannot directly collect this information; and
• Bebs has a reasonable opportunity to collect and store this information, then they instruct Bebs, and Bebs, in accordance with their instructions:
• will collect and store this information in accordance with requirements of applicable law; and
• may disclose this information directly to relevant authorities instead of providing it to them, if permitted by applicable law.

The User can review and update their information at any time on their personal account on app.

28. Rules for Deducting the Amount of a Prepaid Coupon for Restaurants and Cafes

All Users who offer their catering establishment on our platform and offer Bebs users through the “Invite to Dinner” function inside the Bebs app to purchase prepaid Coupons to their catering establishment must:

• Make a discount on the bill in amount of full cost of Coupon (including Bebs commission) to bearer of Coupon
• Generate an invoice based on approved menu of catering establishment
• Serve Coupon bearer even if they missed pre-booking time, subject to availability
• Carry out mutual settlements with use of Coupon even if Coupon bearer has not notified waiter/representative of catering establishment in advance of availability of such Coupon

In case of exceeding invoice amount from Coupon amount, they must charge fee in excess of Coupon amount directly from Coupon bearer. If invoice amount is less than Coupon amount, they will be paid full amount of remuneration from sale of such Coupon, minus Bebs commission.

29. Payment Rules

Bebs makes payments twice a month on 14th and 28th, respectively. The payment is made for processed Transactions, funds for which have been credited to Bebs account for Service with status “Delivered” or “Activate”.

Payment is processed through a payment account linked to the User's personal account. The details must belong to legal entity that sells Service specified during registration.

The User can review and update their bank details at any time on their account.

30. Refund Rules 

On our platform, only recipients of Service can file claim or complaint about Service of inadequate quality. To be clear: on our platform, one user sends another user as real gift one of Service offered by them or other Users. The user who sends such gift (Service) loses right to refund at time of payment. But user - recipient of such gift (Service) can contact them directly through Messenger of app with complaint about Service of inadequate quality. If it is found that Service were of inadequate quality or damaged during transportation, they undertake to settle dispute and all kinds of claims with recipient who sent claim themselves. Service on our platform are non-refundable, but we insist on treating our users fairly. Otherwise, if we consider their reaction to user claims to be incorrect and/or containing malicious intent, including, but not limited to: fraud, manipulation, deception, etc. we reserve right to block their personal account, suspend payments and withhold entire amount of damage, and they, in turn, undertake to pay it.

LIMITATION OF LIABILITY. WITH THE EXCEPTION OF LIABILITY ARISING FROM GROSS NEGLIGENCE OF A PARTY, INTENTIONAL VIOLATION, INDEMNIFICATION OBLIGATIONS, DATA SECURITY INCIDENT IN CONNECTION WITH THE TRANSFER OF PERSONAL INFORMATION OR VIOLATION OF CONFIDENTIALITY OBLIGATIONS:

• In no event shall in no case be liable for any claims for any indirect, intentional, punitive, incidental, exemplary, special or consequential damages, for loss of business profits or damage from loss of business of User or any third party arising from this Agreement, loss or inaccuracy of data of any kind, whether based on contract, tort, or any other legal theory, even if such Party has been advised of possibility of such damages; and
• The total aggregate liability of each Party of each type under this Agreement will not exceed US$ 50,000.

The above limitation of liability and exclusion of certain damages applies regardless of success or effectiveness of other means.

31. Intellectual Property Rights

Beber Inc. and its licensors own and retain all rights, title and interest in and to the Bebs app, including all trademarks, service marks, logos, trade names, patents, designs, copyrights, software, data, content, features, functionality and other intellectual property rights and similar rights (collectively, “Intellectual Property Rights”) that are protected by applicable laws and regulations.

You acknowledge and agree that you do not acquire any ownership or license rights in or to any of our Intellectual Property Rights by accessing or using the Bebs app. You may only use our Intellectual Property Rights as expressly authorized by us in writing or as permitted by applicable laws and regulations.

You grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content, information or material that you upload, post, share or otherwise make available on or through the Bebs app (collectively, “User Content”), for any purpose related to the operation, improvement, promotion or marketing of the Bebs app or our business.

You represent and warrant that you own or have obtained all necessary rights and permissions to grant us the license to your User Content and that your User Content does not infringe or violate any Intellectual Property Rights or other rights of any third party.

You agree not to copy, modify, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying structure of the Bebs app or any part thereof. You also agree not to remove, obscure or alter any Intellectual Property Rights notices or other proprietary notices on the Bebs app or any part thereof.

You agree to respect the Intellectual Property Rights of other users and third parties and not to use the Bebs app for any unlawful or unauthorized purposes. You agree not to upload, post, share or otherwise make available any User Content that infringes or violates any Intellectual Property Rights or other rights of any third party. You also agree not to assist or encourage any third party to do so.

If you become aware of any infringement or violation of Intellectual Property Rights on the Bebs app by any user or third party, you agree to promptly notify us at [email protected]. We reserve the right to take appropriate actions against any infringer or violator at our sole discretion.

32. User Content

• You are solely responsible for any content that you submit, post, share or otherwise make available on or through the Bebs platform, such as reviews, comments, images, messages, or any other material (collectively, “User Content”). You represent and warrant that you own or have obtained all necessary rights and permissions to use and share your User Content on the Bebs platform and that your User Content does not infringe or violate any intellectual property rights or other rights of any third party.
• By submitting or posting your User Content on the Bebs platform, you grant Bebs a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media and for any purpose related to the operation, improvement, promotion or marketing of the Bebs platform or our business. You also grant Bebs the right to use your name, username, profile picture and any other information that you provide in connection with your User Content.
• You acknowledge and agree that Bebs has no obligation to review, monitor, edit or remove any User Content on the Bebs platform. However, Bebs reserves the right to do so at its sole discretion for any reason or no reason at all. Bebs also reserves the right to disclose your identity or other information about you to any third party who claims that your User Content violates their rights or to comply with any applicable laws or regulations.
• You agree to comply with our Community Guidelines and not to submit or post any User Content that is unlawful, harmful, abusive, harassing, defamatory, libelous, invasive of privacy, hateful, discriminatory, obscene, pornographic, vulgar, violent or otherwise objectionable. You also agree not to submit or post any User Content that contains any viruses, malware or other harmful code or content that may interfere with the proper functioning of the Bebs platform.
• You agree to indemnify and hold harmless Bebs and its affiliates, directors, officers, employees and agents from and against any claims, damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to your User Content or your violation of these Terms and Conditions.
• You understand and agree that your User Content may be viewed by other users on the Bebs platform and that you have no expectation of privacy or confidentiality in your User Content. You also understand and agree that your User Content may be subject to the terms and conditions of third-party platforms or services that we use to provide the Bebs platform. You are solely responsible for reviewing and complying with such terms and conditions.
• We appreciate your contribution to the Bebs community and respect your rights in your User Content. Thank you for using the Bebs platform.

33. User Responsibilities

• You are responsible for creating and maintaining your own account on the Bebs platform and for keeping your account credentials secure and confidential. You agree not to share your account credentials with anyone else or to use anyone else’s account without their permission. You also agree not to create more than one account or to use any false or misleading information when registering or updating your account.
• You are responsible for all activities that occur under your account, whether authorized by you or not. You agree to use the Bebs platform in a lawful, ethical and respectful manner and to comply with our Terms and Conditions, Community Guidelines and Privacy Policy. You also agree not to engage in any fraudulent, abusive, harassing, spamming, phishing, hacking or other malicious or illegal activities on the Bebs platform or to interfere with the proper functioning of the Bebs platform or any other user’s enjoyment of the Bebs platform.
• You agree to promptly notify us at [email protected] if you suspect or become aware of any unauthorized use of your account or any other security breaches or issues related to the Bebs platform. You also agree to cooperate with us in investigating and resolving any such incidents. You understand and agree that you are solely liable for any losses or damages resulting from your failure to protect your account or to notify us of any unauthorized use or security breaches.
• We value your trust and security and we take reasonable measures to protect your account and personal information. However, we cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur. Therefore, you should always take precautions to safeguard your account and personal information and to use the Bebs platform at your own risk.

34. Modification of Services

• Bebs reserves the right to modify, suspend, or discontinue any aspect of the platform or services at any time without prior notice. This includes, but is not limited to, the availability, functionality, features, content, design, or user interface of the platform or services. Bebs may also impose limits on certain features or restrict your access to parts or all of the platform or services without prior notice or liability.
• You acknowledge and agree that Bebs is not obligated to provide any updates, upgrades, enhancements, or improvements to the platform or services or to maintain the platform or services in their current form. You also acknowledge and agree that Bebs is not liable for any loss or damage that may result from any modification, suspension, or discontinuation of the platform or services or any part thereof.
• You agree to check these Terms and Conditions periodically for any changes and to continue using the platform or services only if you agree to abide by the updated Terms and Conditions. Your continued use of the platform or services after any modification, suspension, or discontinuation constitutes your acceptance of such changes.

35. Third-Party Services

• The Bebs platform may contain links to third-party websites or services that are not owned or controlled by Bebs. These links are provided for your convenience and information only and do not imply any endorsement, affiliation, or sponsorship by Bebs of such third-party websites or services.
• You acknowledge and agree that Bebs is not responsible for the content, privacy policies, or practices of any third-party websites or services. You also acknowledge and agree that Bebs is not liable for any loss or damage that may result from your access to or use of any third-party websites or services.
• You agree to review the terms and conditions and privacy policies of any third-party websites or services that you visit or use through the Bebs platform and to comply with them. You also agree not to violate any applicable laws or regulations or infringe any rights of any third parties when accessing or using any third-party websites or services.
• You understand and agree that your use of any third-party websites or services is at your own risk and discretion and that you are solely responsible for any consequences arising from such use.

36. Indemnification

• You agree to indemnify and hold harmless Bebs and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Bebs platform or your violation of this Agreement.
• This means that you will be responsible for paying any costs or damages that Bebs or its affiliates, officers, directors, employees, and agents may incur as a result of any legal action or dispute involving you and any third party related to your use of the Bebs platform or your breach of this Agreement.
• You also agree to cooperate fully with Bebs in the defense of any such claim or action and to waive any right to seek contribution or indemnity from Bebs or its affiliates, officers, directors, employees, and agents.
• You understand and agree that this indemnification clause is a material part of this Agreement and that it is binding on you and your heirs, successors, and assigns.

37. DISCLAIMER OF LIABILITY

EXCEPT AS SET FORTH HEREIN, EACH PARTY MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ITS SERVICES OR PRODUCTS OR ANY PART THEREOF, INCLUDING:

• Any implied warranties of merchantability or fitness for a particular purpose; and
• Implied warranties arising from course of dealing or course of performance.

38. Statements and Guarantees

Mutual representations, guarantees and agreements. Each party declares and warrants that:

• They have all rights and powers to enter into this Agreement and fulfill their obligations under this Agreement;
• They are properly organized, exist legally and have good reputation in accordance with laws of jurisdiction of their origin;
• They have not entered into and during Term of Validity will not enter into any agreement that would prevent them from complying with or fulfilling their obligations under this Agreement;
• They will comply with all applicable laws in implementation of this Agreement and activities under it (including, but not limited to, all applicable consumer protection, data protection and privacy laws); and
• Trademarks, content, media and other materials used or provided by one party to other in accordance with this Agreement shall not infringe or otherwise violate intellectual property rights, publicity rights or other proprietary rights of any third party.

39. Representations and Guarantees of User

The User represents and warrants that:

• The following information will be provided to Bebs by them, will be accurate and complete and will always remain accurate and complete:
  
  • All information about nutritional value of Service available through Bebs, including number of calories or allergen information available through Bebs, is and will always remain accurate;
  • Additional information about Service is sufficient to accurately calculate Sales Tax; and
  • Address and opening hours information for each location (if applicable)
• Any statements or claims contained in any User’s Marketing Materials, or any User’s marketing or advertising outside Platform where such marketing or advertising relates to Bebs their Affiliates, are not false, misleading or deceptive, and are supported with sufficient prior justification and in accordance with applicable law;
• They will comply with any applicable food safety standards or other health and safety laws;
• They will comply with all their obligations with respect to Service under this Agreement;
• They will comply with all applicable privacy and data protection laws with respect to all personal information they receive from Bebs in accordance with this Agreement;
• They will comply with all Laws relating to Sale of Service applicable to them, including, but not limited to, all Laws relating to promotion, packaging, pricing, sale, taxation and delivery of Service; and
• They have and will have during Validity Period all Required Licenses, including, but not limited to, Required Licenses for certain Categories of Service (including Restricted Service) that they provide through Bebs, and/or Required Licenses to sell and deliver Service to specified state or local jurisdiction.

The User is liable for any damages or losses caused by their breach of these representations and warranties.

40. Covenants

The above representations and warranties are valid as of Effective Date, and Parties represent and warrant that they will remain true throughout Validity Period.

41. Arbitration

Any dispute or claim arising out of or relating to this Agreement or Service provided by them shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware, before a single arbitrator. The arbitrator shall have authority to award any relief that would be available in a court of law, except that the arbitrator shall not have authority to award punitive damages. The arbitrator’s decision shall be final and binding on the Parties. Judgment on the award may be entered in any court having jurisdiction thereof. The Parties agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. 

42. Notifications

Receiving notifications for Bebs.

• Any and all notices permitted or required under this Agreement will be sent by email to address provided by them on their personal account on app.
• Any notice sent by email shall be deemed received when it is sent.
• The User may also receive notifications from Bebs through app notifications or text messages if they opt-in for such services.
• The User may opt-out of receiving any notifications from Bebs at any time by changing their notification settings on their personal account on app or by contacting Bebs customer service.

43. Notifications to User 

The Parties agree that all legal documents (including complaints and subpoenas) sent to them will be delivered to them according to details specified in Bebs Tools, including by sending messages to their email.

44. Other Conditions

1. Users who sell jewelry undertake to send Service exclusively with the help of transport companies and courier services, which: 
   • Transfer Service personally into the hands of the recipient; and 
   • Give the opportunity to open and inspect Service in the presence of the courier. 
2. Users who sell cheap goods or services must combine them in such a way that their total cost is not less than $30.
3. For restaurants offering coupons, the coupon value should be equal to the average check in this institution for two, taking into account the average amount of alcohol consumed.

The User is liable for any damages or losses caused by their failure to comply with these conditions.

45. Diversity and Inclusivity

The User will not discriminate against any customer, employee, contractor or other person or individual on basis of:

• Race, skin color, gender, pregnancy, marital status, marital status;
• Sexual orientation when using Bebs or Bebs Tools;
• Gender identity or self-expression;
• Religion, origin, national origin;
• Disability or age;

Except that programs may be aimed at providing useful services to certain groups of participants as agreed between Bebs and User. The User acknowledges and agrees that upon receipt by Bebs of evidence of discrimination by them in any of these categories, Bebs will have right to terminate this Agreement immediately upon notification to them.

46. Amendments

This Agreement may be amended, modified or updated by Bebs at its sole discretion from time to time, effective after publication of an updated version of this Agreement. The User is responsible for updating contact information and regularly reviewing updates to Agreement and information from Bebs. The continued use of Bebs Services, Bebs Tools or Bebs Platforms after any such modifications or updates constitutes their acceptance of such changes.

The User can review and update their preferences at any time on their personal account on app.

47. Assignment and Innovation

This Agreement may not be assigned, transferred, delegated or subcontracted, in whole or in part, by one of Parties without prior written consent of other Party, provided that each Party may assign this Agreement by sending written notice to other Party:

• To an affiliate of such Party; or
• In connection with sale of all or practically all of capital, business or assets of such Party to which this Agreement relates,

Provided that in event of any such transfer by User, they expressly agree that any such recipient will have access and control over all their accounts related to such transfer, including their Bebs accounts, access to historical accounting information about Service related to such transfer, and other account data related to such transfer. Any intended assignment, transfer, delegation or subcontracting in violation of this section will be void.

Analogs. If User agrees to this Agreement by means of an order form or other signed document, such an order form or written document may be executed in one or more copies and by exchanging copies with an electronic signature transmitted in pdf format, each of which will be considered an original, and all of them taken together will make up same original instrument.

48. Full Consent

This Agreement contains:

• The full understanding and agreement between Parties with respect to subject matter of this Agreement; and
• Supersedes all previous and current understandings and agreements, oral or written, with respect to subject matter of Agreement.

49. Force Majeure

Failure to fulfill obligations of either Party due to force majeure is an excuse. If either Party is unable to fulfill its obligations under this section, such Party will:

• Promptly send a written notification with sufficient information detailing nature of applicable force majeure event; and
• Make all commercially reasonable efforts to minimize any force majeure circumstances and resume work in full as soon as it becomes practicable.

If User is unable to work for more than thirty days, Bebs may decide to terminate this Agreement without any liability.

50. Applicable Law and Dispute Resolution

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.
• Mutual Arbitration Provision: Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be governed by the Federal Arbitration Act (9 USC §§ 1-16) and the laws of the State of Delaware.
• Arbitration Procedure: In the event of any dispute, controversy, or claim between the User and Bebs arising out of or relating to this Agreement, the parties agree to resolve such dispute through binding arbitration administered by a mutually agreed-upon arbitration provider or forum. The arbitration shall be conducted in accordance with the rules and procedures of the chosen arbitration provider or forum, and the arbitrator's decision shall be final and binding.
• Waiver of Class Action and Jury Trial: The User and Bebs agree that any dispute resolution proceeding, whether in arbitration or court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Both parties expressly waive any right to a jury trial in any such proceeding.
• Exception to Arbitration: Notwithstanding the arbitration provision above, either party may seek equitable relief, including injunctive relief or specific performance, in any court of competent jurisdiction to enforce the provisions of this Agreement, without prejudice to any other rights or remedies available to the parties under applicable laws.
• Choice of Forum: The Parties agree that any legal action or proceeding arising out of or relating to this Agreement that is beyond the scope of the arbitration provisions above, shall be brought exclusively in the federal or state courts located in the State of Delaware. The User and Bebs irrevocably submit to the personal jurisdiction of such courts in any such action, suit, or proceeding, and waive any objection to the laying of venue of any such action, suit, or proceeding in such courts.
• Enforcement in Other Jurisdictions: The User acknowledges and agrees that Bebs may seek equitable relief, including injunctive relief or specific performance, in any court of competent jurisdiction, to enforce the provisions of this Agreement, without prejudice to any other rights or remedies available to Bebs under applicable laws.
• Language of the Agreement: The language of this Agreement is English, which shall be controlling in all respects, and all versions of this Agreement in any other language are for accommodation only, and shall not be binding on the parties to this Agreement.
• Changes to Applicable Law and Dispute Resolution: Bebs reserves the right to change the governing law and dispute resolution provisions of this Agreement by providing notice to the User. In the event of such a change, the updated provisions shall apply to all disputes and legal actions arising after the effective date of the change.

51. Relationship 

The Parties to this Agreement are independent contractors. The Parties are not:

• Partners, agents, participants in a joint venture; or
• Have a relationship between an employee and employer.

Except as provided in this Agreement, each Party is responsible for its costs of doing business and fulfilling its obligations under Agreement.

52. Divisibility

If any provision of this Agreement is found invalid or unenforceable by an arbitrator or court of competent jurisdiction, then:

• The remainder of this Agreement (and each of remaining terms and conditions) will remain in full force and effect; and
• The invalid or unenforceable provision will be deemed replaced by a valid and enforceable provision that most closely matches intent of original provision.

53. Survival

The terms and conditions of this Agreement, which by their nature should remain in force even if Agreement is terminated or expired (for example, confidentiality terms or indemnity terms), will continue to apply even if Agreement is terminated or expires.

54. Territory

This Agreement applies in United States of America and does not apply to User’s use of Bebs Platforms or Bebs Tools outside United States of America.

55. Refusal

If a Party refuses to violate this Agreement by other Party, this refusal will not be considered a waiver of any other violations of this or any other agreement between Parties.

56. Entire Agreement and Amendments

• Entire Agreement: This Agreement, including all its annexes, appendices, and documents incorporated by reference or hyperlink, constitutes the entire and exclusive agreement between the User and Bebs concerning the use of the Bebs Platforms and Bebs Tools. This Agreement supersedes and replaces all prior or contemporaneous agreements, understandings, representations, negotiations, or discussions, whether oral or written, between the parties relating to the subject matter hereof.
• No Oral Modifications: No modification, amendment, or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by both the User and an authorized representative of Bebs. Any purported oral modification, amendment, or waiver shall be null and void.
• Amendments to the Agreement: Bebs reserves the right, in its sole discretion, to modify, amend, or update this Agreement from time to time. Any such modifications or updates will be effective upon posting the revised Agreement on the Bebs Platforms or by other means of notice to the User. The User is encouraged to review this Agreement periodically for any changes. By continuing to access or use the Bebs Platforms or Bebs Tools after such modifications or updates, the User agrees to be bound by the revised terms of this Agreement.
• Conflicts with Prior Agreements: In the event of any conflict or inconsistency between the terms and conditions of this Agreement and any prior agreement or understanding between the parties, the terms and conditions of this Agreement shall prevail and govern the use of the Bebs Platforms and Bebs Tools.
• Electronic Acknowledgment: By accessing or using the Bebs Platforms or Bebs Tools, the User acknowledges that they have read, understood, and agreed to be bound by all the terms and conditions of this Agreement, including any annexes, appendices, or documents incorporated herein.
• Electronic Execution: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may also be executed and delivered electronically through electronic signatures, which shall be considered as valid and binding as original signatures.

57. Interpretation

The following also applies to interpretation of this Agreement:

• In event of any discrepancy between terms and conditions or Fees set out in Agreement Details (if applicable) or terms and conditions included in Terms and Conditions of Agreement, information in Agreement Details shall prevail.Terms used in plural can also be interpreted as singular, and vice versa.
• Any reference to dollars or currency means US dollars, unless otherwise stated.
• If words “including”, “for example” or similar terms are used in any section, words “without limitation” are implied.
• Any reference to “Party” or “Parties” means a party to this Agreement.
• Any references to User, if User includes several legal entities, mean each of these legal entities together and separately.
• Any hyperlinks included in this Agreement also apply to future updated versions of these links, and if hyperlink becomes inactive or location of hyperlink of document in this Agreement changes, new location of hyperlink of same or updated version of document is applied instead of incorrect or replaced hyperlink in this document.
• The headings, notes and signatures used in this Agreement are intended for reference purposes only and should not have any influence on interpretation of this Agreement.

58. Contact Us 

We value open communication with our users. If you have any questions, feedback, or need assistance regarding our services or this Terms and Conditions agreement, please feel free to contact us at the following email address: [email protected].