Terms of use

VHAPPY · TERMS AND CONDITIONS

INTRODUCTION: On the website, www.vhappy.es (the Site or Vhappy) the products marketed, the services advertised by third parties, the pages that can be accessed through it, its use and / or the downloading of information contained in it, are conditioned to the full acceptance of the terms and conditions that are expressed below.

Whoever does not accept these terms and conditions, should refrain from accessing this site, either directly or indirectly, and use any information or service provided by it.

The creation of an account on the website is mandatory for the use and access to services and offers advertised by third parties. The information of the account is necessary for the access to the system creation of the profile, verification/modification of preferences, customer service and to ensure the authorized use of the users and suppliers.

Glossary:

SUPLIER: Is the third party, Company, that advertises its products and services through the website of the Company. Is also the party that renders its services and products to the end- user.

END-USER: Is the natural or legal person who accesses the site voluntarily to enjoy the promoted offers and access the community of suppliers in it. Such user initially accesses the website free of charge and subsequently to the payment system as a member.

VHAPPY: Is a trade brand of Digital Momentum 360 Ltd with registered offices in Unit 3D, North Point House, North Point Business Park, Old Mallow Road, T23 AT2P, Cork, Ireland. It is also a brand that can act in two ways: - As a platform for advertising to third parties: In these cases it acts as a platform allowing third parties (suppliers) to advertise on its website. - As a directory to its members (end-users) to access providers of goods and services to the vegan, vegetarian community

Security This Web site is secured with a SSL as well as secure payment gateway. Transactions on the site are protected with up to 256-bit Secure Sockets Layer encryption. If you have any questions regarding our security policy, please contact our customer support center on support@vhappy.es

Website User and Member Agreement By accessing or using this Site, you agree to be bound by and accept without limitation or qualification the following terms and conditions (“Terms and Conditions”).

1. USER REPRESENTATIONS: Users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use the vhappy.es and partner websites in accordance with these Terms and Conditions. .

2. RESTRICTIONS ON USE: Users agree to use the Site solely for their own personal and non-commercial use. Further, users agree not to (a) interrupt or attempt to interrupt the operation of the Site in any way, or use the Site in a manner that adversely affects the

availability of its resources to other Users; (b) use the Site for any illegal purpose or in any manner that is inconsistent with these Terms and Conditions; or (c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from, the Site.

2.a USER’S CONDUCT

As a condition of your use of the Services, you promise not to use the Services or any services available on the platform for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose that vhappy.es does not reasonably intend. You understand that you are expected to respect the rights of others as a condition of your use of the Services.

Just as examples, and not limited in any way to the following examples, you agree not to use the Services:

• To sell or transfer your profile.

• To abuse, harass, threaten, stalk, impersonate or intimidate other vhappy.es users

• To publish or transmit any communication or request designed or intended to obtain a password, account or private information of any user of vhappy.es

• To post or transmit any content that is infringing, offensive, defamatory, obscene, pornographic, abusive, profane or in any way violates any law or right of any third party, or content that is degrading, intimidating or hateful towards an individual or group of people according to religion, gender, sexual orientation, race, ethnicity, age or disability

• To create or send emails or unwanted communications to other vhappy.es users

• To use or access the Services in any way that violates any law in your jurisdiction

• For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

• To send links or comments requested on behalf of multilevel, ponzi or pyramid marketing schemes (the so-called pyramid schemes)

• Attempt to impersonate another user or person.

3. USER’S AGREEMENT: Users agree: (a) to maintain all equipment required for their access to and use of the Site; (b) to maintain the security of their user identification, password and other confidential information relating to their vhappy.es account (“Account”); (c) to be responsible for all consequences resulting from use of their Account, use of their Account by others (including minors) or unauthorised use; (d) to notify vhappy.es immediately if users become aware of any unauthorised use of their Account; and (e) that each username and password must be used by a single user and are not transferable.

4. MODIFICATIONS: vhappy.es reserves the right to modify this Agreement from time to time. Such modifications will be effective immediately upon notification on this Site. Your continued use of the Site, or any of the materials contained on the site, following such notification will be deemed your conclusive acceptance of the modified Terms and Conditions.

5. PRIVACY POLICY: vhappy.es collects user’s personal information for the effective use of the platform and also for future promotional and marketing purposes. vhappy.es will not share user’s personal information with businesses or if the user gives explicit permission to share their information. In the event that a user’s correct and accurate personal information is not provided a registration for a deal will not be processed. Users are responsible for ensuring that their details remain current and accurate. A user’s personal information will also be used

by vhappy.es to contact the user to confirm payment has been processed for the deal, receive feedback and contact the user concerning the operation of the vhappy.es service. Except as outlined above, vhappy.es will not disclose a user’s personal information to any other third parties unless permission is given by the user or it is required by law or to protect the interest of vhappy.es. Users have the right to access and correct any personal information held by vhappy.es.

6. EMAIL POLICY: It is assumed upon signing up that you are willing to receive emails from vhappy.es, for the confirmation and registration of vhappy.es supplier offers and for receiving information on deals via the vhappy.es newsletter. Emails are essential for confirmation and reservation and will not be sent unless users consent to receiving such email. For any concerns or problems with email contact support@vhappy.es

7. RESERVATIONS AND CANCELLATIONS: vhappy.es is committed to providing superior quality services for all relevant parties involved.

8. FEES AND CHARGES: once the free trial has expired, and after the subscription has been paid to vhappy.es, it is a condition of use that vhappy.es will not charge users any additional fees or charges when users register unless specified, and it is released other than those fees and charges that would normally be charged in the provision of their services.

9. LICENCE: You have no rights or licenses in or to vhappy.es and materials contained on the Site (vhappy.es Content) other than the limited right to use the Site in accordance with these Terms and Conditions. Users shall not copy, display, modify, create derivative works of, publish, or sell the vhappy.es Content or any information, software, or services provided by vhappy.es. The vhappy.es Content may be modified from time to time by vhappy.es in its sole discretion. Except as expressly set forth herein, no license is granted to user for any other purpose, and any other use of the Service or the vhappy.es Content by user shall constitute a material breach of this Agreement. In the event that you choose to download content from the Site, you must do so in accordance with these Terms and Conditions. Such download is licensed to you by vhappy.es only for your own personal, non-commercial use in accordance with the Terms and Conditions and does not transfer any other rights to you. Nothing in this Agreement shall affect any rights of vhappy.es or its licensors in the service or vhappy.es Content, and any associated patents, trademarks, copyrights, designs, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of vhappy.es or any third party is granted under this Agreement.

9. COPYRIGHT: All material on this Site (collectively “Copyright Material”) is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site, and is protected under the law.

10. TRADE MARKS: The trademarks and logos displayed on the Site (collectively the “TradeMarks”) are trademarks of vhappy.es and/or its affiliates, unless otherwise specified. The businesses promoted on the site provide their own logos and graphics from time to time and they warrant to own the copyright to display these images on our site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the TradeMarks displayed on the Site without the express written permission of vhappy.es or such other third party owner. You must retain, on all copies of material downloaded from this Site, all copyright and other proprietary notices contained in the material. The use of Copyright Material and/or TradeMarks by you, or anyone authorised by you, is prohibited unless expressly permitted by these Terms and Conditions, or express permission is provided elsewhere on the Site or express permission is provided by vhappy.es.

Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy, and civil and criminal statutes.

11. HYPERLINKS: This Site may contain links to other websites. vhappy.es is not responsible for and does not control the content of any website linked to or from the Site. Any links to other websites are for your convenience only and vhappy.es makes no warranty or representation regarding and, unless expressly stated by vhappy.es on the Site, does not endorse the owner/sponsor and the content of any linked websites. vhappy.es disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such websites. vhappy.es neither warrants nor represents that a user’s use of any materials on linked websites will not infringe rights of third parties not owned by or affiliated with vhappy.es.

12. NO WARRANTIES: vhappy.es assumes no responsibility, and will not be liable for any damages to or viruses that may infect your computer equipment or other property due to you accessing and/or use of the Site or any linked websites, or your downloading any materials, data, text, images, video or audio from the Site or any linked websites. vhappy.es assumes no responsibility for computer systems, hardware, software or program malfunctions or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information. Users must provide a valid email address. vhappy.es reserves the right, in its sole discretion, to cancel or suspend this program should any virus, bugs, or other causes beyond vhappy.es control which corrupt the administration, security or proper function of this Site. The material on this Site may contain inaccuracies and typographical errors. vhappy.es does not warrant the accuracy or completeness of the material or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum or information will be at your own risk.

13. REVIEW OF POSTINGS & UPLOADS: You may send and receive electronic mail (“email”), engage in conferences and chats, download and upload files and otherwise use this Site as permitted by this Agreement, the operating policies of vhappy.es and applicable law. Your participation in on-line communications and communities occurs in real time and is not edited, censored, or otherwise controlled by vhappy.es. vhappy.es does not and cannot review all communications and materials posted or uploaded to the Site and is not responsible or liable for the content of these communications and materials, nor for an error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication or materials. vhappy.es reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libellous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, or other intellectual property right of another (d) is to encourage conduct that would be considered a criminal offence or give rise to civil liability or otherwise violate any law (e) offensive or otherwise unacceptable; or (f) determines to be harmful, offensive or otherwise in violation of this Agreement or the operating policies of vhappy.es for its users. vhappy.es will fully cooperate with any law enforcement authorities or court order requesting or directing vhappy.es to disclose the identity of anyone posting such communications or materials. Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and do not necessarily reflect those of vhappy.es.

14. REGISTRATION: In order for users to be able to access the services offered by vhappy.es at the Site, users must register by completing their registration details in the manner described at the Site. vhappy.es reserves the right to terminate users’ memberships at

any time if users breach these Terms and Conditions. Users agree to ensure that their registration details are true and accurate at all times. Specifically, users must notify vhappy.es of any change to their registration details. Upon registration, users will need to provide a username and password.

15. TERM AND TERMINATION: Either users or vhappy.es may terminate a user’s right to use the Site at any time, with or without cause, upon notice. The clauses will survive any termination of this Agreement.

16. LIABILITY: vhappy.es and its associated agencies are not liable for any loss, damage, personal injury or death whatsoever (including, but not limited to, direct, indirect or consequential losses) suffered or sustained in connection with: (i) any inaccurate or incorrect information provided by users; (ii) any use of the Site or vhappy.es Content; or (iii) any use of the services offered or products provided by vhappy.es or its associated agencies; or (iv) any act or omission (whether negligent or not) of vhappy.es and its associated agencies or any person associated with any of them; or (v) any failure or delay (including, but not limited to, the use of inability to use any component of the service or the vhappy.es site for reservations); or (vi) the performance or non-performance of any restaurant or business in connection with the vhappy.es service, except for any liability which cannot be excluded by law.

17. LIABILITY RELEASE AND INDEMNIFICATION: You hereby release and discharge and agree to indemnify: a) vhappy.es and any related body corporate, b) vhappy.es’s organisers, directors, officers, employees and agents; and c) the other participants and/or users (“Released Parties”), for any personal injury, illness or death, claims, liabilities or expenses of any kind, including reasonable attorney’s fees (and whether accruing to you, your heirs or personal representatives) that are caused or alleged to be caused in whole or in part by reason of an act or omission of any Released Party that arises out of or in connection with your use of the Site, or resulting from any violation of this agreement or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing vhappy.es using your service account. In no event will vhappy.es total liability to you for all damages, losses, causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this Site.

18. THIRD-PARTY RIGHTS: The foregoing provisions regarding Indemnification and Waiver, Release and Limitation of Liability are for the benefit of vhappy.es and its officers, directors, employees, agents, licensors, suppliers and information providers. Each of these individuals or entities has the right to assert and enforce those provisions directly against you on its own behalf.

19. FORCE MAJEURE: vhappy.es and its subsidiaries are not liable for any breach of obligations where there is hindrance or prevention from carrying out obligations by any cause outside their reasonable control, including but not limited to lightning, fire, flood, extreme or severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

20. HOW TO CONTACT VHAPPY.es: vhappy.es may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site or by written communication delivered by mail to your address on record in the Site’s account information.

You may give notice to vhappy.es at any time via electronic mail via our “Contact Us” page or by our social media platforms.

21. JURISDICTION AND APPLICABLE LAW:

This agreement will be governed by the laws of Ireland and Europe. Any dispute arising from this agreement, its existence, validity, interpretation, scope or compliance, will be subject to the applicable laws and the Courts of Ireland competent to its knowledge.