Terms and Conditions
Version 1.0 – June 2023
These terms and conditions ("Terms") govern the access to, and the use of a digital platform ("Platform") and related services (together the "Services"), available on https://www.bonapp.app/, which provides a software solution that supports restaurants and other entities ("Partners") to run and manage the internal organizational tasks as well as simplifies the ordering and payment process for Partner's customers ("End-Customer").
Services are offered by BonApp Group SA, Route de la Claie aux Moines 106, 1090 La Croix sur Lutry ("BonApp").
To access or use the Services, the Partner must accept these Terms when signing an order form ("Order Form"). If the Partner does not agree to these Terms, the Partner may not use or access the Services.
These Terms, together with all other referenced documents, form a legally binding agreement ("Agreement") between BonApp and the Partner.
These Terms do not govern the relationship between BonApp and the End-Customer.
BonApp offers a Platform for simplified orders and payment processes via mobile devices, including:
- Creating and managing menus and offers;
- Tracking End-Customers' requests and orders ("End-Customer Orders");
- Tracking operations and revenue in Partner's establishments;
- Generate unique identifiers for each table in the Establishment;
- Allowing End-Customers to split their bills or pay them directly by one of the approved payment methods, including tips if applicable ("Transactions").
In addition to Platform features and services described above, BonApp offers debt collection services when BonApp is responsible for processing Transactions on behalf of the Partner. Partner appoints BonApp as a debt collection agent regarding payments received in relation to Transactions, which BonApp collects via the external payment provider indicated in the End-Customer's Order ("Payment Provider").
BonApp may add new features to the Services at any time and may modify or delete them.
2.1 Access to Services
Partner must register and create an account on the Platform ("Account") to access and use all or part of the Services.
Partner must provide accurate, current, and complete information during registration and keep their Account information up-to-date. Accounts registered by bots or automated methods are not authorized and will be terminated.
The Partner undertakes to read these Terms before validating their registration on the Services and acknowledge that the fact of registering implies their full and unreserved adherence to these Terms. The Terms are considered to have been accepted by the Partner once connected to the Services.
Partner is responsible for maintaining the confidentiality and security of their Account credentials and may not disclose their credentials to any third party. Partner is responsible and liable for activities conducted through their Account and must immediately notify BonApp if there is any suspicion that their credentials have been lost, stolen, or their Account is otherwise compromised.
If and as permitted by applicable law, BonApp may, but has no obligation to (i) ask the Partner to provide identification or other information, (ii) undertake checks designed to help verify Partner's identity or background, and (iii) screen the Partner against third-party databases or other sources and request reports from service providers.
Service is intended to facilitate End-Customer Orders and payment processes of End-Customers within drinking or catering establishments. Any other use is excluded and expressly prohibited.
Every use that may be damaging to BonApp, Partners, Payment Providers, or End-Customers is prohibited.
In case any Transaction has taken place in violation of these Terms or applicable law, BonApp reserves the right to deny the Transaction, suspend or terminate the access to Service.
End-Customer Orders containing age restricted products
In case of End-Customer Orders of age restricted products (including, without limitation, alcohol, tobacco, and cigarettes) that can only be sold and delivered to persons above a certain age limit, the responsibility of age verification falls solely on the Partner.
Rights & Obligations of BonApp
BonApp will provide the Partner with the Services as agreed in the Agreement.
- Makes the Services available to the Partner and uses reasonable care and skill in the performance of the Services and in keeping the Services free from viruses and other malicious software programs.
- Regularly carries out maintenance or improvements to the Services and its infrastructure, but does not guarantee that the Services will function without any interruption or disruption. The Partner acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, BonApp will inform the Partner about potential interruptions in advance.
- Provides the Partner with reasonable support during BonApp's business hours.
- Guarantees an availability of the Services of at least 98% a year. Downtime (e.g. for maintenance) announced by BonApp reasonably in advance will not be counted towards the minimum availability.
- May subcontract third parties for all its obligations under these Terms.
- Is liable to the Partner for its subcontractors and ensures that subcontractors are bound to appropriate confidentiality and data protection obligations.
- Is permitted and possibly required by law to suspend access to the Services or the Partner's Account based upon reasonable determination of the occurrence or potential for occurrence of illegal or wrongful activity, fraudulent use or attempted fraudulent activity. In case of a suspension, the Partner remains liable for all charges and fees incurred during the suspension period.
- Constantly develops and improves the Services and may modify or either temporarily or permanently stop providing the offered Services or any part of it at its sole discretion. In case of material changes to the Services, i.e., changes significantly altering the nature and scope of the Services provided to the Partner according to the Agreement, BonApp will notify Partners that are directly affected by such changes, and where reasonably possible.
- If the Partner disagrees with the material change to the Services or Terms (including changes of the respective fees), the Partner may terminate the Agreement within 1 month from BonApp's notice where applicable, otherwise from the publication of the respective change. Such termination is effective from the date the changes take effect or the delivery date of the termination notice if occurred after the changes took effect.
- Reserves a right to ask the Partner to provide feedback through forms, questionnaires, and polls in order to improve their Services ("Feedback"). BonApp may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the Partner. The Partner assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback to BonApp and acknowledges it has no claim in relation to the Feedback.
Rights & Obligations of the Partner
The Partner agrees to use the Services in compliance with the Agreement and all legal and moral obligations applicable in the territory where they are located.
The Partner is obliged to cooperate in the performance of this Agreement to the necessary extent free of charge. The Partner is obliged to provide BonApp with all necessary information, documents, materials, access, data, as well as competent staff, and anything else reasonably required for the provision of Services. Furthermore, the Partner is obliged to inform BonApp immediately if errors or faults occur and to support BonApp in the analysis and, if necessary, in the elimination of errors and faults to the extent required.
If the provision of Services under this Agreement is delayed due to the Partner's failure to comply with their duty to cooperate or due to other circumstances for which the Partner is responsible, the Partner shall bear the disadvantages and additional costs incurred.
The Partner must immediately inform BonApp of all circumstances within its sphere that might endanger or may be relevant to the providing the Services and all misuses or suspicions of misuse of the Services.
The Partner may not:
- Circumvent or attempt to circumvent any security protection of the Services;
- Use the Services in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect;
- Access the Services via any automated system or take any action that may impose an unreasonable load on BonApp's infrastructure;
- Bypass the measures that BonApp may use to prevent or restrict access to or use of the Services;
- Sell, sublicense, allow access or make the Services or any part of it otherwise available to third-parties.
The Partner has the obligation to provide the End-Customers with a paper receipt of the Transaction, if requested. Furthermore, the Partner is responsible for determining, levying, holding, reporting, and remitting to the appropriate taxing authorities, any taxes assessed, required, or to be levied, paid, or held for any reason in connection with the use of Services and Transactions. The Partner agrees they will not, unless with BonApp's prior written permission:
- Try to decompile or reverse engineer the Services or any part of it, or derive the source code;
- Copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the Services, or any other part of the Services;
- Create derivative works based on the whole or any part of the Services or any content available on the Services.
The Partner must designate a responsible contact person and provide BonApp with all contact details and ensure the availability of the contact person.
Fees & Payment
BonApp provides numerous Service options. Certain Services options may be provided free of charge, while other options require payment before they can be accessed ("Service Fees") as specified on Partner’s account.
If not explicitly stated otherwise, all Fees are in CHF and excluding VAT and other applicable taxes.
Each party agrees to bear their own costs associated with bank transfers.
The prices of the products offered by the Partner (e.g. food, drinks, others) can be found on the Platform. These prices are exclusively set by the Partner and are updated from time to time.
Partner appoints BonApp as a debt collection service provider for all End Customers' payment obligations in regard to End-Customer’s Orders made via the Platform. BonApp shall make reasonable efforts to collect the outstanding debt owed by the Partner. BonApp may employ various debt collection methods, including but not limited to written communications, phone calls, negotiations, and legal actions. BonApp reserves the right to introduce a fee for the debt collection service subject to 14 days notice.
The Partner acknowledges that BonApp makes no guarantees or representations regarding the success or timeframe of debt collection efforts. BonApp has a right to withdraw from its position as a debt collection service provider at any time without any liability.
BonApp will pay the Partner an amount equal to the amount of the Transactions carried out via BonApp’s Service and received by BonApp, minus the fees referred to in this Section, if applicable.
BonApp will transfer the collected debt to the Partner in regular intervals, but generally at least monthly via means indicated in the Order Form.
To pay their bills, the End-Customers may use the authorized payment methods as indicated in End-Customer's Order and on the Service to facilitate debt collection.
Partner explicitly authorizes the Payment Provider and any sub-contractor to hold, receive, and disburse on Partner’s behalf payments for Transactions made by End-Customers. The Payment Provider will clear End-Customer’s payment with the Partner by acting with the limited authorization of BonApp to collect payments. The End-Customer payments are thus treated as if the End-Customer had made them to the Partner directly. All prices indicated in End-Customer's Order are to be paid immediately.
The Partner will be invited to register directly with the Payment Provider and provide them with the necessary information to undergo a Payment Provider’s Know Your Customer (KYC) background check.
Liability & Indemnity
BonApp is fully liable to Partner for direct damages resulting from wilful misconduct or gross negligence. In all other cases, the liability of BonApp is limited to the maximum extent permitted by law.
Partner may not recover from BonApp, regardless of the legal reason, any amount with respect to loss of profit, data, or goodwill, or any consequential, incidental, indirect, punitive, or special damages in connection with claims arising out of this Agreement or otherwise relating to the Services, whether or not the likelihood of such loss or damage was contemplated.
If the End-Customer asserts claims against BonApp as a result of the use of BonApp, the Partner undertakes to indemnify BonApp from all claims, damage, and expenses (including court fees and legal costs).
The Partner also agrees to indemnify BonApp for any damages that BonApp may suffer (including any expert fees and attorneys’ fees) in connection with Partner’s violation of the applicable law or these Terms.
BonApp will not be held liable for inaccuracy or incompleteness of the Services or the information provided by the Partner, or the incompatibility of the Services with any specific objectives that Partner is hoping to achieve.
Neither party shall be liable for any failure to perform its obligations under this Agreement (other than payment obligations) caused by circumstances beyond the parties’ reasonable control (force majeure).
Term & Termination
The Agreement between the parties remains in full force and effect until its termination by either party. The termination is immediately effective.
Either party may terminate the Agreement at any time with immediate effect if the other party is in material breach of the Agreement and fails to remedy this violation within 14 days after a notice. This includes in particular Partner’s failure to pay on time or the start of insolvency procedures against the other party.
Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination. Already paid fees will not be reimbursed; all due fees remain payable.
Upon termination, Partner’s account will be deactivated, and access will be terminated.
Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the Services or any part of it remain vested in BonApp.
Where applicable and only to the extent necessary, for the duration of use of Services, BonApp grants the Partner a revocable, non-exclusive, non-transferable, non-sublicensable right to use the Services according to these Terms.
Partner is prohibited from using BonApp’s trademarks and logos without their written authorization, as well as from copying or reproducing BonApp's Platform.
Warranties & Representations
The Partner acknowledges that the Services are provided "as is" and "as available", and BonApp makes no warranties or representations of any kind related to the Services or the information and materials contained thereon.
The Partner represents and warrants that they are not a person or entity barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction.
The Partner warrants that they are authorized to sell alcoholic beverages and assumes full responsibility for such sales. The Partner must comply with all applicable laws and regulations regarding the sale of alcoholic beverages, including age restrictions. The Partner indemnifies and holds BonApp harmless from any liabilities arising from the sale or consumption of alcoholic beverages. BonApp does not guarantee that the Services are error-free and will function without any interruption or disruption. BonApp may at its own discretion carry out maintenance or improvements to the Services and its infrastructure, and the Partner acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, BonApp will inform the Partner about potential interruptions in advance.
Any unavailability due to bugs, technical constraints, and other maintenance operations does not give rise to any right to any reimbursement. Neither adding, modification, or deletion of any feature of the Service gives the Partner a right to any refund.
Any further warranty is excluded.
Confidentiality & Privacy
BonApp treats the confidential information of the Partner with adequate confidentiality standards and processes the Partner's personal information only as needed.
Partner authorizes BonApp to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve its services or for analysis purposes.
The parties may further define their duties regarding data protection in a data processing agreement, in which case the provisions of the data processing agreement prevail.
Entire Agreement: The Agreement constitutes the entire agreement between BonApp and the Partner, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement.
Changes to Terms: BonApp may, from time to time, change these Terms.
Where possible, BonApp will electronically notify the Partner of any material changes to the Terms. The Partner should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. The Partner's continued use of the Services following any amendments indicates acceptance of the changes to the Terms.
Notices: Notices must be given in writing, including e-mail, and need to be communicated:
- To BonApp's attention: via email to: email@example.com
- To Partner's attention: via email address used for registering the Account.
No Assignment: The Partner may not assign any of its rights, obligations, or claims under the Agreement without the previous consent of BonApp.
Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.
Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of BonApp has exclusive jurisdiction for all disputes arising from or in connection with the Terms.
Links: The Services may contain third-party content or links to third-party websites. BonApp does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.
Version 1.0 – June 2023
Personal data we collect
We may collect or receive personal information for a number of purposes connected with our business operations when you use our website or our services. This may include the following:
- Client requests (e.g. details about your inquiries)
- Contact details (e.g. name, address, phone number, email address)
- Login details (e.g. password, username, sessions)
- Payment details (e.g. billing information, credit card details)
- Website visitor details (e.g. IP address, logfiles)
- Health data (e.g. information about your food restrictions)
- Restaurant orders details (e.g. table information, food and drinks ordered, time of meal)
How we collect personal data
We collect information about our users when they use our Website or our services, including taking certain actions within it.
- When users access, use, or otherwise interact with our Website and/or our services.
- When users correspond with us by electronic means.
- When users sign up to receive our newsletter and other marketing materials.
- When users submit their data to us.
- From public sources, such as public directories.
- From third parties, such as social media plugins and third-party cookies.
Legal Basis and purposes
Contract: To perform our contractual obligations or take steps linked to a contract with you. In particular:
- To provide our services.
- To share your order details with the respective restaurant, so that they may process it.
- To recruit you.
Consent: We may rely on your freely given consent at the time you provided your personal data. In particular:
- To provide users with news, special offers, newsletters, and general information about goods and services which we offer.
- To collect information about your food allergies, only when you voluntarily share this information with us and consent to it. We store this information in your profile and can share it with the restaurants you order from.
Legitimate interests: We may rely on legitimate interests based on our assessment that the processing is fair and reasonable and does not override your interests or fundamental rights and freedoms. In particular:
- To maintain and improve our Website and services.
- To develop new services.
Necessity for compliance with legal obligations: To meet regulatory and public interest obligations. In particular:
- To comply with applicable regulations and legislation.
- For the legal enforcement of claims and rights.
We may send newsletters and other notifications by email and through other communication channels. We may have newsletters and other notifications sent by third parties or send them with the help of third parties.
In principle, you must expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. We use "double opt-in" for any consent in the case of e-mails, i.e. you will receive an e-mail with a web link that you must click to confirm, so that no misuse by unauthorized third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time.
Newsletters and other notifications may contain web links or tracking pixels that record whether an individual newsletter or notification has been opened and which web links were clicked (performance measurement). Such web links and tracking pixels record the use of newsletters and other notifications. We need this statistical recording of usage, including success and reach measurement, in order to be able to offer newsletters and other notifications effectively and in a user-friendly manner, as well as permanently, securely and reliably, based on the reading habits of the recipients.
You can unsubscribe from newsletters and other notifications at any time and thereby object in particular to the aforementioned collection of usage. You can do so by contacting us directly or following the link included in the footer of each newsletter we send you.
We retain personal data for so long as it is needed for the purposes for which it was collected or in line with legal and regulatory requirements or contractual arrangements.
BonApp may engage third party companies ("Service Providers") to facilitate the operation of our Website, assist in analyzing the usage of the Website, or perform Website and service-related services, such as payment and the provision of IT infrastructure services. These third parties have access to the user’s personal data only to the extent necessary to perform these tasks on behalf of BonApp.
Type(s) of service providers who might access your personal data:
- Accounting and insurance firms
- Banks and payment providers
- Marketing firms
- Other group entities
- Public authorities
- Website hosting service providers
BonApp and/or the Service Providers may transfer your personal data to and process it in the following countries:
- EU and EEA
We may use Service Providers who are partly located in so-called third countries (outside the European Union or the European Economic Area or Switzerland) or process personal data there, i.e. countries whose level of data protection does not correspond to that of the EU or Switzerland.
We safeguard your personal data per our contractual obligations and applicable data protection legislation when transferring data abroad.
Such safeguards may include:
- The transfer to countries that have been deemed to provide an adequate level of protection according to lists of countries published by the Federal Data Protection and Information Commissioner, as well as to countries where there is an adequacy decisions by the European Commission in place;
- Applying standard data protection model clauses, binding corporate rules or other standard contractual obligations that provide appropriate data protection.
If a third country transfer takes place and there is no adequacy decision or appropriate safeguards, it is possible and there is a risk that authorities in the third country (e.g. intelligence services) can gain access to the transferred data and that the enforceability of your data subject's rights cannot be guaranteed.
Data disclosure to restaurants
We communicate your personal data (order, name, table number, telephone number and contact details) to the restaurant you have ordered from so that it can prepare your order and provide you with the necessary services, such as processing your complaints. As you are a direct customer of the restaurant, the restaurant assumes its own responsibilities and obligations with regard to the processing of your personal data. If you have any questions about how the restaurant processes your data, you should contact the restaurant directly. We only share your food allergies with restaurants if you have given us your consent to do so.
We may disclose your personal data in the good faith belief that such action is necessary:
- For health and safety purposes;
- To comply with a legal obligation (i.e., if required by law or in response to valid requests by public authorities, such as a court or government agency);
- To protect the security of the Website and defend our rights or property;
- To prevent or investigate possible wrongdoing in connection with us;
- To defend ourselves against legal liability.
We take reasonable technical and organisational security measures that we deem appropriate to protect your stored data against manipulation, loss, or unauthorised third-party access. Our security measures are continually adapted to technological developments.
We also take internal data privacy very seriously. Our employees and the Service Providers that we retain are required to maintain secrecy and comply with applicable data protection legislation. In addition, they are granted access to personal data only insofar as this is necessary for them to carry out their respective tasks or mandate.
The security of your personal data is important to us but remember that no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. We recommend using antivirus software, a firewall, and other similar software to safeguard your system.
You have the below data protection rights. To exercise these rights, you may contact the above address or send an e-mail to: Help@bonapp.group. Please note that we may ask you to verify your identity before responding to such requests.
- Right of access: You have a right to request a copy of your personal data, which we will provide to you in an electronic form.
- Right to amendment: You have the right to ask us to correct our records if you believe they contain incorrect or incomplete information about you.
- Right to withdraw consent: If you have provided your consent to the processing of your personal data, you have the right to withdraw your consent with effect for the future. This includes cases where you wish to opt-out from marketing communications. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you initially consented unless there is another legal basis for processing. To stop receiving emails from us, please click on the 'unsubscribe' link in the email you received or contact us at Help@bonapp.group.
- Right to erasure: You have the right to request that we delete your personal data when it is no longer necessary for the purposes for which it was collected or when it was unlawfully processed.
- Right to restriction of processing: You have the right to request the restriction of our processing of your personal data where you believe it to be inaccurate, our processing is unlawful, or where we no longer need to process it for the initial purpose, but where we are not able to delete it due to a legal obligation or because you do not want us to delete it.
- Right to portability: You have the right to request that we transmit your personal data to another data controller in a standard format such as Excel, where this is data which you have provided to us and where we are processing it on the legal basis of your consent or to perform our contractual obligations.
- Right to object to processing: Where the legal basis for our processing of your personal data is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have a compelling legal basis for the processing which overrides your interests or if we need to continue to process the personal data for the exercise or defence of a legal claim.
- Right to lodge a complaint with a supervisory authority: You have the right of appeal to a data protection supervisory authority if you believe that the processing of your personal data violates data protection law. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch/edoeb/en/home.html).
Links to third-party apps and sites
Our Website may contain links to websites or apps that are not operated by us. When you click on a third party link, you will be directed to that third party's website or app. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services.
We maintain online presence on social networks to, among other things, communicate with customers and prospective customers and to provide information about our products and services. If you have an account on the same network, it is possible that your information and media made available there may be seen by us, for example, when we access your profile. In addition, the social network may allow us to contact you. The content communication via the social network and the processing of the content data is thereby subject to the responsibility of the social network. As soon as we transfer personal data into our own system, we are responsible for this independently. This is then done in order to carry out pre-contractual measures and to fulfil a contract. For the legal basis of the data processing carried out by the social networks under their own responsibility, please refer to their data protection declarations. Below is a list of social networks on which we operate an online presence: