Hajp is a Business owner-customer relationship management service that allows you to receive loyalty-based offers, discounts, rewards and promotional advertising content from Business owners via your mobile device or smart phone (collectively referred to as the “Service” or the “Hajp Service”).
The Hajp Service is made available via the Hajp Application (“Hajp App”) that can be downloaded to your mobile device or smart phone from an App store or App distribution platform, or via the Business portal at Hajp. While we want you to enjoy the experience of using the Hajp App and visiting our Business portal, we also want you to understand the terms that are Applicable to the Hajp App and the Business portal.
If you do not agree with the Terms (as defined below), do not use the Business portal or install/use the Hajp App.
After you download the Hajp App on your mobile device or smart phone (“Device”), you will be able to register with Hajp and create your Hajp account. However, before you begin that registration process, you will be asked to “click to agree” to these Terms of Use and our Privacy Policy (together referred to as the “Terms”). The Terms form a legally binding contract between you and Hajp in relation to your use of the Business portal, the Hajp App and the Services.
If you agree to be bound by the Terms, you represent and warrant that:
Your agreement to the Terms includes agreement to all current and future disclosures, notices, receipts and statements required by Applicable law and related to your Hajp account (“Disclosures”), which will be communicated to you electronically from timeto-time by posting on the Business portal, via the email address associated with your account, and/or through in-App messaging.
Your “click to agree” to the Terms has the same effect as if you signed them in ink and your receipt of electronic Disclosures has the same meaning and effect as if Hajp had provided you with paper copies, whether or not you choose to view the Terms or Disclosures. Disclosures are considered received by you within 24 hours of the time posted to our Business portal, or emailed or messaged to you in-App.
3.1 Eligibility. Registration for and use of the Service and its features is void where prohibited. By registering and using the Service and its features, you represent and warrant that (a) you have all rights necessary to create an account; (b) all registration information you submit is truthful and accurate; and (c) you will maintain the accuracy of such information. If you provide any information that is untrue, inaccurate, not current or incomplete (or Hajp has reasonable suspicion that such information is untrue, inaccurate, not current or incomplete) or you otherwise have violated the Terms, Hajp has the right to suspend or terminate your account and refuse any or all current or future use of the Service.
3.2 Registration and Passwords. When you create your Hajp account, you will be asked to choose a user name (which may be your email address) and password. You may not select a user name that: (a) is used by someone else, (b) is indecent or offensive, or (c) violates these Terms or Applicable laws, rules and regulations. You are solely responsible for maintaining the confidentiality of your user name and password. You should not allow anyone else to use your user name and password to log into the Service. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality. Your earned discounts and rewards are at risk if you let someone use your account inappropriately.
You agree that Hajp will not be liable for any loss that you may incur as a result of someone else using your user name or password, either with or without your knowledge. However, you could be held liable for losses incurred by Hajp due to someone else using your user name or password. In addition to creating your user name and password, you will be asked to provide certain information to enable Hajp and Business owners to contact you in accordance with the Terms. Please see the Privacy Policy for details.
3.3 Using your Hajp Account. Hajp will share your information and shopping activity with Business owner(s). Hajp will also deliver special offers and push notifications from such Business owner(s) to your Device. Your download of the Hajp App and creation of a Hajp account will allow Hajp to monitor your usage and your location data in order to identify, generate and show you targeted promotions. This monitoring will be done via a Hajp geo-location feature that can be turned off at any time by using the settings on your Device. You will automatically receive Hajp news, notices and announcements, unless you choose to opt-out of (and unsubscribe to) such information.
3.4 Updates. Hajp is constantly innovating in order to provide the best possible experience for any consumer that installs the Hajp App, uses the Service or uses the Business portal. Accordingly, you acknowledge and agree that from time to time, and without prior notice to you, Hajp may at its sole discretion release updates to the Hajp App that you may need to install. In addition, some updates may prevent you from accessing the Hajp App or certain features within the Hajp App (permanently or temporarily) and, if that occurs, your earned discounts and rewards may not be available to you
3.5 Prohibited Activities. As an individual consumer that has downloaded the Hajp App and created an account to receive loyalty-based offers, discounts, rewards and promotional advertising content from Business owners on your Device, you have a non-transferable, non-sublicensable, non-exclusive license to access the Service, to view information contained in the Service and to interact with the Service solely for your own personal use and not for any commercial purpose. In connection with your access to and use of the Hajp App, Services and Business portal, you must not:
3.6 User Fraud. If Hajp determines that you have engaged in any fraudulent use of the Hajp App or Service, or use in violation of the Terms, in addition to its rights to terminate and recover any monies required to remedy such fraudulent use, Hajp may impose a fee for each investigation conducted by Hajp that results in a confirmation of such violation of the Terms. By registering for a Hajp account, you agree to all additional fees and penalties that Hajp may impose in the event Hajp deems your use of the Hajp App or Service is in breach of the Terms including, without limitation, the immediate termination of your account.
3.7 Interruptions and Disabled Accounts. When using the Business portal, Service or the Hajp App, you may occasionally experience interruptions or downtime as a result of (a) internet issues beyond our control, (b) technical problems; or (c) scheduled downtime. We will try to minimize these incidents but we cannot guarantee that they will not occur. In addition, if pursuant to the Terms, Hajp suspends or terminates access to your account, you may be prevented from accessing the Service and your account details on the Hajp App.
4.1 Privacy. We understand that your privacy is important. Hajp has developed a Privacy Policy describing how we collect, use and disclose information. By using the Business portal, the Service and/or downloading the Hajp App, you agree that Hajp’s Privacy Policy is Applicable to you. Please review the Privacy Policy here.
4.2 Personal Information. When you register with Hajp and create an account, you will be asked to provide certain information such as your name, email address, your mobile phone number, and your zip code/postal code. By registering, you acknowledge that Hajp may share your information and shopping activity with your selected Business owners.
The Service may allow you to share your personal information and activity with other users and publish this information on the internet (including blogs and social media Business portals, such as Facebook, Twitter, Google+, etc). You will need to take specific action for this to occur. Hajp disclaims any and all liability and responsibility for any consequences (including, but not limited to, unforeseen consequences) of sharing (whether intended or unintended) your personal information.
5.1 Generally. “Content” means data, text, images, photographs, graphics, audio, video, offers, feedback, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through the Business portal or Hajp App.
5.2 Business owner Content. When you register on the Hajp App you consent to receiving Content from Business owners. All Content is provided by the Business owners. The selected Business owner(s) is the sole party(s) responsible for the Content that you receive and for providing you with offers, discounts or rewards. Any disputes regarding a Business owner’s loyalty program and any other aspect of any transaction or other commercial dealing is solely between you and the relevant Business owner.
Hajp reserves the right at any time in its sole discretion to remove any Content for any or no reason, with or without prior notice or explanation, and without liability. You must comply with the terms and conditions that any Business owner may impose in connection with its loyalty program, and you are solely responsible for any loss or damage that you (and Hajp) may suffer as a result of your violation of any such terms and conditions.
Business owners are solely responsible for all Posted Information they input into the Hajp App and:
The following terms Apply to your use of the Hajp App, including when accessed through or downloaded from any App store or App distribution platform, referred to below as an “App Provider”:
By agreeing to the Terms in connection with your download of the Hajp App, or by signing into an App using your user name and password, you grant the App and the App Provider: (i) the authority to claim and review rewards and provide access for you to manage your account information within the App; and (ii) the authority to use your email address (or other contact information), which may be used in accordance with the App Provider's own privacy policy.
Hajp is a is a product of Digitaz Information Technology doo, referred to hereinafter as, "Digitaz", "We", "Us" or "Our" as appropriate.
8.1 The Business portal, the service, Hajp App, and content on or available through the Business portal and Hajp App are provided on an “as is” and “as available” basis. Hajp expressly disclaims all warranties of any kind, whether express or implied, including without limitation, all implied warranties of accuracy, business ownerability, fitness for a particular purpose and noninfringement.
8.2 Hajp makes no warranty that: (a) the Business portal, Hajp App or service will meet your requirements; (b) the Business portal, Hajp App or service will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from use of the Business portal, Hajp App or service will be accurate, timely, or reliable; or (d) the quality of the Business portal, Hajp App or service will meet your expectations.
8.3 You assume total responsibility for your use of the Business portal, Hajp App, the service and any third party Business portal (defined below). Hajp shall have no responsibility or liability for any damage to your computer system or loss of data that results from your use of the Business portal, Hajp App or any third party Business portal.
8.4 Any material downloaded or otherwise obtained through the use of the Business portal, Hajp App or service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
8.5 Hajp does not represent or guarantee that the Business portal and the Hajp App will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and Hajp disclaims any liability relating thereto. You will be responsible for backing up your own device or computer system.
8.6 Hajp hereby disclaims any and all liability to you for any losses you may incur from unauthorized use of your Hajp account or your user name and password, either with or without your knowledge. However, you could be held liable for losses incurred by Hajp or another due to someone else using your password or user name. You will indemnify and hold Hajp harmless for any improper or illegal use of your Hajp account.
8.7 Hajp does not review or monitor any content. Accordingly, Hajp hereby disclaims any and all liability to you for any losses you may incur arising from or in connection with actions taken or omitted by any business owners or for the nature of the content, including, but not limited to, the failure by any business owner to honor any offer, discount, reward or other obligations such business owner may have to you. In addition, Hajp is not responsible for the goods and services that you purchase using the services or the Hajp App. The providing Business owner is responsible for all customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a Business owner's personnel, policies, or processes. Hajp is also not responsible for any customer service related to your payment instrument(s).
8.8 Hajp does not review or monitor user conduct or any posted information input into the Hajp App or posted on the Business portal. Accordingly you expressly acknowledge and agree that your submission of posted information is at your sole risk. Hajp hereby disclaims any and all liability to you for any losses you may incur relating to your conduct or posted information or the conduct or posted information of any other user.
8.9 The Business portal and the Hajp App are managed from Hajp’s facilities in The Republic of Serbia. Hajp does not represent or warrant that the Business portal and the Hajp App are Appropriate or available for use in other jurisdictions. If you access or use the Business portal and the Hajp App from other jurisdictions, you do so of your own volition and at your own risk.
8.10 Limitation of liability: in no event shall we, our affiliates or our licensors be liable for any damage, claim or loss incurred by you, including without limitation direct, indirect, compensatory, incidental, special, consequential or exemplary damages, or damages for personal injury, business interruption, loss of information, loss of privacy, loss of profits or revenue incurred by you or any third party irrespective of whether we have been informed of, knew of, or should have known of the likelihood of such damages. This limitation Applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, defamation, negligence, strict liability, misrepresentation, and other torts, as well as third-party claims arising from your access to, or use of, or inability to use the Business portal, service or Hajp App.
If the disclaimers or limitations of liability in this section 8.10 are for any reason held by a court or other tribunal of competent jurisdiction to be void, unenforceable or inapplicable, such provisions shall be limited or eliminated to the minium extent necessary and replaced with a valid provision that best embodies the intent of these terms of use, provided, in no event will the aggregate liability of Hajp or its affiliates to you and any third party in connection with these terms or your access to and use of the Business portal, regardless of the form or theory of the action or claim.
9.1 By using the Business portal, service and the Hajp App, you agree, to the fullest extent permitted by law, to indemnify and hold Hajp, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless with respect to any claims arising out of your breach of these terms, your use of the Business portal, service and the Hajp App, and your posted information.
9.2 You cannot sue or recover any damages from Hajp, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors as a result of its decision to (a) remove or refuse to process any information or content, (b) warn you, suspend or terminate your access to the Business portal and Hajp App, or (c) take any other action during the investigation of a suspected violation or as a result of Hajp's conclusion that a violation of these terms has occurred.
9.3 This waiver and indemnity provision Applies to all violations described in or contemplated by these terms.
We reserve the right to make changes to the Terms at any time by publishing a revised version of the Terms on the Business portal, via the email address associated with your account or via the Hajp App, through in-App messaging. The revised version of the Terms will take effect from the time at which it is first published. You will be subject to the Terms in force at the time that you use the Business portal or download the Hajp App. Your continued use of the Business portal and Hajp App indicates your acceptance of any such updates and changes. You are advised to check the Terms from time to time for any updates or changes that may affect you. If you are dissatisfied with the Service, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Service. The Terms are the entire agreement between you and Hajp with respect to your use of the Service.
11.1 While we look forward to providing you with excellent service for a long period of time, you may cancel your Hajp account at any time, for any reason, with no further obligation to Hajp. Upon termination of your Hajp account, you will no longer have access to your earned discounts, points and rewards.
11.2 We reserve the right, in our sole discretion, to reject, refuse to post or remove your Posted Information, or to deny, restrict, suspend, or terminate your access to your account and all or any part of the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. Following the suspension or termination of your account, Hajp will not be under any obligation to return any Posted Information of any kind to you. Any provisions that by their nature require survival in order to be effective, shall survive the termination of these Terms.
The terms will be construed, and their performance enforced, under the laws of the Republic of Serbia without reference to its conflict of law principles. Regardless of where you access the Business portal or from where you download the Hajp App, you agree that any dispute relating to the terms, the Business portal or the Hajp App may be litigated only in a court having jurisdiction and venue in the Republic of Serbia. Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with the terms, the Hajp App and use of the Business portal.
13.1 When you use the Business portal and/or the Hajp App or send emails to Hajp, you are communicating with Hajp electronically. Hajp will communicate with you by email, by text messages, by phone or by posting notices on the Business portal and/or the Hajp App. You consent to receive notices and communications from Hajp electronically and agree that all notices and communications that Hajp provides you electronically satisfy any legal requirement that such communications are in writing, unless mandatory Applicable laws specifically require a different form of communication.
All notices that you are required or desire to give to Hajp must be delivered in writing by e-mail to support@hajp.rs.
14.1 A failure by Hajp to enforce any right or provision of the Terms will not constitute a waiver by Hajp of future enforcement of that right or provision or any other right or provision.
14.2 If any provision of the Terms is held to be invalid or unenforceable, that provision will be inoperative only to the extent necessary and will be severed from the remainder of the Terms. The rest of the Terms will remain in full force and effect.
14.3 Except as specifically stated, no third party will have any rights under, or be able to enforce, the Terms.
14.4 You must not assign or transfer any of your rights or obligations under the Terms, in whole or in part, by operation of law or otherwise, without the prior written Approval of Hajp. You must enter into any documents required by Hajp to effectuate an assignment or transfer by Hajp of its rights and obligations under the Terms.
14.5 The Terms establish an independent contractor relationship between you and Hajp, and do not create any affiliate relationship, partnership, joint venture, employment relationship, agency, or fiduciary or other special relationship between you and Hajp. Except as expressly stated in the Terms, neither party has the authority to act or purport to act as the other party's agent or representative for any purpose.
14.6 The Terms and the Privacy Policy constitute the entire and complete legal agreement between you and Hajp regarding its subject matter, and completely replaces any prior or contemporaneous agreements or understanding, written or oral, between you and Hajp regarding its subject matter. Each party acknowledges that it has not relied on any oral or written representations made to it (whether made negligently or innocently) other than as expressly set out in the Terms. Nothing in this Section 14.6 will limit or exclude your liability for fraud.