1. Introduction
1.1 These terms and conditions govern your use of the brooqLy mobile application and website (collectively, the “Service”). The Service is operated by brooqLy, Inc (“brooqLy”, “we”, “us” or “our”).
1.2 By downloading, accessing or using the Service, you agree to be bound by these terms and conditions and our Privacy Policy [link to privacy policy]. If you do not agree to these terms and conditions and our Privacy Policy, you may not use the Service.
2. Using the Service
2.1 You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that: (a) you are at least 18 years of age; (b) you have the right, authority, and capacity to enter into these terms and conditions; and (c) you will use the Service in compliance with these terms and conditions and all applicable laws.
2.2 The Service allows you to discover local vendors (“Shops”), browse their Treat menus, purchase Treats, and send Treats to other Service users (“Recipients”) either remotely, in-shop, or by delivery.
2.3 “Treats” refer to food, beverage or other items that Shops make available for purchase and gifting through the Service. Treat availability may vary by Shop. We make no guarantees as to the availability of any particular Treat.
2.4 Treats can only be redeemed for the actual item at the Shop through which it was purchased. Treats have no cash value.
3. Account Registration
3.1 You may browse Shops and Treats without registering for an account. However, to purchase or send Treats you must register for a user account.
3.2 When registering for an account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update your information to keep it true, accurate and complete.
3.3 You are solely responsible for all activity that occurs under your user account. You must safeguard your account credentials and must promptly notify us of any unauthorized account use.
4. Treat Purchases and Delivery
4.1 Treat Pricing. Treat prices are set by the Shop. Prices are subject to change at any time. You agree to pay the prices displayed at the time of purchase.
4.2 brooqLy Commission. brooqLy will charge a 20% commission on the purchase price of each Treat. This commission will be deducted from the payment before remittance to the Shop.
4.3 Payment Methods. Purchases may only be made through the Service using a valid credit card or other approved payment method. You authorize brooqLy to charge your selected payment method to complete the Treat purchase. All sales are final – no refunds will be provided unless required by law.
4.4 Delivery and Redemption. Treats are valid for redemption for 3 months from the date of purchase. Any unused Treats will be forfeited after the expiration date. Treats are non-transferable and can only be redeemed by the intended Recipient, subject to photo ID verification.
4.5 Delivery Issues. brooqLy is not responsible for delivering Treats or resolving any delivery issues. All delivery issues must be resolved between the purchaser and the Shop.
5. Services Changes and Availability
5.1 Changes to the Service. brooqLy reserves the right to modify, suspend or discontinue the Service at any time with or without notice to you. brooqLy will not be liable for any modifications, suspension or discontinuance of the Service.
5.2 Service Availability. The Service may be temporarily unavailable for maintenance, upgrades, emergencies or reasons beyond our control. We make no guarantees as to the continuous availability of the Service.
6. Your Use of the Service
6.1 You agree not to misuse the Service, including:
(a) copying, distributing, displaying, performing or modifying the Service source code;
(b) infringing brooqLy’s or any third party’s intellectual property rights;
(c) sharing your account credentials or otherwise enabling unauthorized access to your account;
(d) uploading, posting, emailing, transmitting or otherwise making available any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or racially, ethnically or otherwise objectionable material of any kind;
(e) impersonating any person or entity or making any false statement;
(f) uploading, posting, transmitting or otherwise making available any unsolicited advertising, solicitations, promotional materials, spam, or any other form of solicitation;
(g) uploading, posting or transmitting any material that contains viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Service or any computer software or hardware.
6.2 Your use of the Service must comply with all applicable laws. You are solely responsible for your conduct while using the Service.
7. Our Proprietary Rights
7.1 brooqLy and our suppliers own all proprietary rights in and to the Service. We reserve all rights not expressly granted under these terms.
7.2 The brooqLy name, logo and other trademarks are our trademarks. You may not copy, imitate or use them without our prior written consent.
8. Disclaimers and Limitation of Liability
8.1 THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROOQLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
8.2 IN NO EVENT SHALL BROOQLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 IN NO EVENT SHALL BROOQLY’S AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNTS PAID BY YOU TO BROOQLY FOR THE SERVICE IN THE SIX MONTHS PRIOR TO THE CLAIM.
9. Indemnity
You agree to indemnify and hold harmless brooqLy from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Service or breach of these Terms.
10. Governing Law and Jurisdiction
These terms shall be governed by the laws of Nevada. Any disputes relating to these terms or the Service will be subject to the exclusive jurisdiction of the state and federal courts in Nevada.
11. Changes to these Terms
We reserve the right to amend these terms at any time. The then-current version of these terms will supersede all earlier versions. Continued use of the Service after any changes constitutes your consent to the changes.
12. Contact Us
If you have any questions about these Terms, please contact us at info@brooqly.com
