ADDITIONAL TERMS OF USE FOR GOFRENDLY CLUB SUBSCRIBERS

Last updated: 29 January 2019

 

These additional terms (“Additional Terms”) supplement and do not replace the Terms of the GoFrendly App. Definitions used and not defined in these Additional terms shall have the same meaning as in the Terms. The Additional Terms constitute a supplementary agreement between you as a GoFrendly Club End-User and GoFrendly AB (reg. 559050-9252), a company incorporated under the laws of Sweden.

1. ACCEPTANCE OF TERMS

1.1 Prior to upgrading your free-of-use account to a GoFrendly Club subscription account, you must have read and understood the Terms and these Additional Terms. By clicking ‘continue’ when upgrading your account and by paying the subscription fee, you agree to not only adhere to the Terms but also to these Additional Terms and to be legally bound to the Terms and the Additional Terms in relation to us. If there is any inconsistency between the Terms and these Additional Terms, the Additional Terms shall prevail.

1.2 We reserve the right to modify these Additional Terms at any time in our sole discretion. We will notify you by e-mail 30 days in advance of any adverse changes taking effect. Your continued use of the App without cancelling the subscription after such notification, constitutes that you agree to the updated Additional Terms. If you do not agree to these Additional Terms or any updated version of the Additional Terms, you may cancel your GoFrendly Club subscription at any time.

1.3 You can access the latest version of these Additional Terms at any time at gofrendly.com/additional-terms-of-use-GoFrendlyClub.

2. GOFRENDLY CLUB BENEFITS

2.1 End-User which have upgraded the account to a GoFrendly Club subscription becomes a member in the GoFrendly Club. All GoFrendly Club members are eligible to receive a subscription package with a minimum of four available activities each month. The activities could be e.g. restaurant visits, working-out-experiences and classes, entertainment tickets or any other activity. The provided activities have a time-limit of one month starting at the first every month until the last day at the same month. The fees for the activities are included in your monthly subscription fee and you can find more information about what is included in the activity in the App. The subscription only covers what is specifically stated in each activity. Some activities require that you make the booking by yourself – this will be stated in the activity together with further instructions.

2.2 The packages with activities may warry and you as an End-User have no right to make complains regarding the content of the package – the selection of activities, nor the geographical location of the activities.

2.3 The Subscription period is running from the first until the last day every month and will be automatically renewed at the end of every month. The activities offered in the App are only available one month and you are only entitled to use each specific offer once per month.

2.4 If you wish to attend to an activity you must first activate the available activity and thereafter click “attending” on the activity in the App.

3. FEES AND PAYMENT

3.1 If you upgrade your account to GoFrendly Club, you will be charged a subscription fee in advance on a monthly basis, running from the first until the last day of every month. The first payment for Premium shall be made in connection with your upgrade. The subscription will automatically renew at the end of every month until you choose to cancel It (downgrade).

3.2 Payment for the subscription in GoFrendly Club are handled through Stripe. We do not handle any payment data for such payments, for example credit card details. For more information regarding the payment services available to you, please visit the website of the third-party provider Stripe providing the payment method.

3.3 Unless otherwise expressly stated in writing, you are solely responsible for any taxes or fees arising from your use of the App and the GoFrendly Club subscription.

4. DOWNGRADE TO A FREE-TO-USE ACCOUNT

4.1 If you have purchased a subscription, you can at any time request a downgrade to a free-to-use account. If you downgrade, the subscription will continue to apply until the end of your current billing period. Thereafter, your account will be downgraded, and you will not be provided with the GoFrendly Club subscription benefits and features in the App anymore. No refunds are made. You can manage your subscription and cancel it in your account settings in the App. Please note that the GoFrendly Club subscription will not be cancelled by only deleting the App.

5. CHANGES IN PRICE

5.1 GoFrendly may change the price for the GoFrendly Club subscription. Any changes in price will be communicated to the GoFrendly Club End-User at least 30 days before the new price will take effect. By continuing using the GoFrendly Club activities and by not reject the changes by cancel your subscription after the changes takes effect, you are accepting the new changes. If you wish to cancel your subscription due to the changes in price you need to cancel your GoFrendly Club subscription within 30 days from the date of the communicated changes in price. If you are experiencing any difficulties, please contact our support by info@gofrendly.com.

6. PRIVACY

6.1 We are committed to maintaining the privacy and security of your personal data. We will only use the information you provide in accordance with our Privacy Policy and the General Data Protection Regulation (EU 2016/679). You acknowledge that we may collect and use your personal data for the purposes specified in our Privacy Policy. For more information, please read our Privacy Policy.

7. MISCELLANEOUS

7.1 We may, at our own discretion and at any time, alter, modify, correct, amend and make all other changes to the GoFrendly Club subscription features and benefits in the App, without prior notice or any liability to you.

7.2 We reserve the right to, without prior notice and without compensation, remove any material (including Your Content) that we find obscene, contains inappropriate material and/or in any other way could violate the Terms, Additional Terms, Swedish law or any mandatory national law which may apply to the End-Userand/or may infringe someone else’s intellectual property rights.

7.3 You agree that we may communicate with you by sending e-mail to the e-mail address you have registered with us or by providing information to you through our App (including push-notifications), regarding these Additional Terms, the Terms, the App, customer service matters, or any other communications related to your use of the App and the GoFrendly Club subscription. You agree to make sure that the e-mail address you have registered with us is accurate.

7.4 You are not entitled to transfer or assign any rights or obligations under the Terms and/or the Additional Terms without prior written consent from us, if not explicitly allowed to under the Additional Terms or Terms.

7.5 We have the right, without prior obtaining of approval, to assign the Terms and/or the Additional Terms to another company in the same company group as Gofrendly AB, or a third party in connection with a transfer of all or substantially all of Gofrendly AB’s assets.

7.6 If any part, term or provision of the Terms or Additional Terms are held to be illegal or unenforceable, the validity of the remainder of the Terms and the Additional Terms will not be affected. Any omission of us to enforce our rights under the Terms and the Additional Terms shall not be regarded as a waiver of such rights. IT IS EXPRESSLY UNDERSTOOD THAT ALL PROVISIONS REGARDING LIMITATIONS OF LIABILITY AND INDEMNITIES WILL REMAIN IN FULL FORCE AND EFFECT AND SHALL SURVIVE THE DOWNGRADE OF YOUR GOFRENDLY CLUB SUBSCRIPTION AND DELETION OF YOUR ACCOUNT.

7.7 The Additional Terms constitute a supplementary agreement between you and us. The Terms for the App shall also apply to your use of the App and the GoFrendly Club subscription if nothing is specifically stated in these Additional Terms.

8. LAW AND VENUE

8.1 The Additional Terms shall be construed in accordance with and governed by the laws of Sweden, if not prohibited by mandatory national law which apply to the End-User, without regard to its conflict of law provisions.

8.2 If you are a consumer within the EU and you want to make a claim regarding your GoFrendly Club subscription and/or the App, you may contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämden, Box 174, 101 23 Stockholm, arn.se, or the equivalent in your EU country of residence. For more information, please visithttps://ec.europa.eu/consumers/odr/.)

8.3 Any dispute, controversy or claim arising out of or in connection with the Additional Terms shall be finally settled by Swedish courts, with the Stockholm district court (Stockholms tingsrätt) as the court of first instance.

9. CONTACT INFORMATION

9.1 If you have any questions regarding the Additional Terms, or any question, complaint or claim, please contact us at:

Gofrendly AB, reg. 559050-9252

Address: Hornsbergs Strand 21, 11217 Stockholm

E-mail: info@gofrendly.com