1. General Description1.1 Introduction
These User Terms and Conditions (this “Agreement”), is a legal agreement between you and Wibl AS, a Norwegian company (hereafter called “Wibl”), which guides your use of and access to the Application (as defined below) and the Website (as defined below). If you don’t want to be bound by this Agreement, please do not access or use the Application and/or Website. Wibl may terminate, without notice, your access to the Application and/or Website for failure to comply with this Agreement.
By creating an account in the Application and/or on the Website, you accept this Agreement and agree to be bound by each of its terms. You also represent and warrant to Wibl that:
You are at least sixteen years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agreeing on your behalf)
This Agreement is binding and enforceable against you
To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity
The Wibl service is a sales channel via which merchants offer meals and/or experiences to registered users. In these terms of Wibl service, the term “merchants” refers to restaurants, but it may also refer to other providers of services e.g. in the cinema, hotels and other businesses that offers services in the form of "seats". The aim of this service is to give users the opportunity to purchase meals and/or experiences from restaurants and other providers that would otherwise have empty seats. The Wibl service allows users to eat and/or experience affordably and become acquainted with nearby merchants.
The purpose of this Agreement is to explain the terms and conditions under which Wibl will let you use the Application through your mobile device and/or use the Website (collectively, the “Purpose“).
As also mention in other parts of this Agreement, Wibl does not have any control over any merchants or other third parties, and therefore is not liable or responsible for any actions taken or supposed to be taken by any such third party.
3. The Wibl Service3.1 Registration
To use the ordering service and the features made available through the Application and Website, you are required to complete a registration process to create an account with Wibl (“Account”).
When you create your account you are given access to use Wibl's software platform made available through Wibl's mobile application (“Application”) and/or its website located at www.wibl.no (the ” Website”) during the Term (as defined below) solely for the Purpose.
Creating your Account offers you easy access to see offers available near you, your current order, your previous orders, and edit your personal preferences. In order to create your Account, it is necessary to provide personal information, which includes but is not limited to, your name, contact information and payment information.
Wibl will use your contact information, such as e-mail address, facebook connection or other channels the user uses in our app or website to contact the user with relevant information about our services and/or offers from our providers.
3.2 Supply of offers
Wibl works with local merchants to offer you the opportunity to purchase meals and/or experiences. The supply of offers is depending on each merchant’s daily business, and as such it is not guaranteed that offers is available at all times you use the Application or the Website.
3.3 Information about the offers
Through the Application you are presented with a description of the offer so that you as a customer will get as good information about ingredients, allergens, price discount etc.
The Wibl service is not the provider or the producer of the food/offer listed in the service nor is Wibl responsible for the information given about each food item. The provider of the offer is responsible for all the information regarding the offer. Would you have any questions regarding given information about a offer, Wibl directs you to the merchant.
3.4 Order and order confirmation
As a logged in Wibl user, you can place an order for a offer through the Application or Website. After placing the order you will get an order confirmation via the user interface of the Application or Website.
3.5 Payment of the order
You pay for ordered food items through the Application or Website. If an ordered hasn’t been paid for through the Application or Website, it will not be considered a completed order.
Furthermore, as all offers are sold on a first come first serve basis, Wibl can not guarantee that you will get the food item you have started, but not finished, ordering.
Wibl may use a payment service provided by a third-party to handle the payment and will automatically charge your chosen account at the time of your order. You have no right to cancel or change a placed order when using the Application or the Website. The restriction of the right of cancel a made order is based on the nature of food which may spoil or age rapidly.
3.6 Pick up of order, redemption and delivery
Upon arrival, you show the merchant the order confirmation in the Application to receive your order. The merchant has also the ability to confirm your order in the merchant application by identifying you by name.
When using the Application or Website you shall always pick up the ordered offer(s) from the applicable merchant’s premises in a timely manner during the time frame provided by the merchant.
If you do not collect your order during the given time frame, the merchant has the right to do as they see fit with the ordered offer. Unless stated otherwise by the merchant, you are not entitled to receive a refund for ordered food items that have not been collected on time.
Wibl does not currently charge its users to access the Application or the Website, however Wibl is adding a fee of 6% of the total order value to every order. Wibl may, at any point and in its discretion, elect to begin charging fees for use of various portions of the Application, the Website and/or for different levels of subscription or accounts. Changes in fees and structure for collection of fees will be notified with one moths advance through the app.
3.8 Reclamations and service disruptions
The Wibl service is a sales channel via which merchants’ offers are traded. The Wibl service is not the provider or the producer of the food items/experiences listed in the service. Wibl is not responsible for the quality of the food items/experiences ordered through the service or errors that may occur during the pickup of an order.
The merchant is responsible for all the user reclamations concerning the order(s) and Wibl directs the reclamations to the merchant.
If you detect a technical error or other error in the Wibl service, you can report the problem through the Application or Website.
3.9 Customer support
Wibl offers support via email (email@example.com
Wibl does not currently provide any advertisements in the Application and on the Website, however Wibl may decide to deliver advertisments in the future.
4. Conditions of Use4.1 Certain responsibilities
It is your responsibility to make sure that all information provided by you to Wibl is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information going forward. It is also your responsibility to protect your Account information as it should be kept strictly confidential.
4.2 Certain Restrictions
Wibl does its best to keep the Application and the Website safe and secure but need your help to do it by not violating or attempting to violate the security of the Application or the Website.
Except as expressly permitted under other parts of this Agreement, you may not modify, reproduce, duplicate, copy, publish or create derivative works of:any portion of the Website or the Application, any content, photographs, descriptions, software, image or other information or any data taken therefrom (collectively, “Content”).
any information or materials retrieved from either of them, which includes graphics and logos, presentations, in whole or in part.
Furthermore, you may not use the Website or Application for any purpose that:invades any person’s or entity’s privacy or other rights;
misidentifies you or impersonates any person or entity, including, without limitation, any employee or representative of Wibl; or
could otherwise reasonably be deemed or viewed to be unethical, illegal or offensive.4.3 Wibl rights
Wibl has the right to at any time suspend a user or terminate the user’s account and access to the Application and Website if the user violates this Agreement or uses the Application and/or Website in a way that is harmful to Wibl or any third party.
5. Content5.1 Third party content
The Application and the Website contain and/or provide access to content provided by merchants and other third parties, including, offer information, pricing, discount information, menus, photographs, graphics and merchant information (“Third Party Content”).
5.2 Information accuracy
The third party that any Third Party Content originates from is solely responsible for it, and Wibl does not and cannot review all Third Party Content made available through any part of the Application or the Website.
As such, Wibl cannot guarantee the correctness of any Third Party Content or fitness for use of any offers posted on via the Application and the Website.
In no event shall Wibl be liable for any damages arising out of your use of the Application and/or the Website, or for any loss or damage of any kind incurred as a result of any Third Party Content or offers.
Wibl cannot guarantee that the Application and the Website, including the Content, will be uninterrupted or error free. Wibl cannot be held responsible for if the Application and/or the Website is down or if any Content, information or functionality does not work as expected.
5.3 Intellectual property
For purpose of clarity between you and Wibl, you are the sole owner of all information and content entered into the Application or the Website or otherwise posted by you.
Wibl is the sole owner of the name “Wibl” as well as the Website, the Application, and all source code, software, content and other intellectual property related to it or included in it.
All suggestions and recommendations from you to Wibl regarding the Application or the Website are, upon submission to Wibl, owned by Wibl.
5.4 Copyright infringement
Wibl respects the intellectual property of others, and asks you to do the same. You may not use the Website, Application, the Content or any other materials from the Website or Application in any manner that may infringe upon any copyright or other intellectual property right of Wibl or any third party.
6. Term and Termination of Account6.1 Term
This Agreement shall continue in full force until either:(i) You terminate your Account, or(ii) Wibl terminates your access to the Application or non-public portions of the Website, with or without notice (the “Term”). When this Agreement is terminated, you no longer have access to the Application or any other non-public portions of the Website.
6.2 Termination of account
For purposes of clarity, you are entitled to terminate your Wibl account at any time. Choose “Delete account” or any corresponding function in the Application and/or the Website, or third party integration like Facebook, or contact Wibl. Wibl will then delete or anonymise any personal information that can be attributed to you, except for certain information that Wibl by law may have to save and archive.
7. Other7.1 Force Majeure
Wibl shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
7.2 Changes or updates of the agreement
Wibl may change or update this Agreement from time to time, and any such change or update will be set in effect when posting the updated Agreement on the Website or within the Application.
When we make major changes to the Agreement, we will provide you with prior notice as appropriate under the circumstances, e.g., by displaying a notice within the Application, the Website or by sending you an email. If you do not agree to the changed Agreement, you have the right to terminate your Account before the changed Agreement come into force.
7.3 Termination of service
Wibl reserves the right to modify, suspend, or discontinue the Application and the Website without any notice at any time and without any liability to you.
All disputes arising hereunder or in connection with this Agreement, the Website and/or the Application shall be resolved by the laws of Norway and the District Court of Oslo (sw. Oslo tingrætt), Norway. Wibl has the right to transfer its rights and obligations under this Agreement. Furthermore, Wibl has the right to hire subcontractors for the fulfillment of its obligations. In such cases is Wibl fully responsible for the work performed by the subcontractors.If any part of this Agreement is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.