Terms of service

Last updated July 19th 2024

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Agreement to our legal terms

We are HejTop ApS, doing business as Drop By Collective ApS ('Company', 'we', 'us', or 'our'). Our VAT number is DK43720643.

We operate the mobile application Drop By Collective (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

You can contact us for any reason regarding the Services or to receive further information regarding the use of the Services:

• By phone at +4543116852
• By email at contact@dropbycollective.dk
• By mail to Spaniensgade 1, 2. th, Copenhagen S 2300, Denmark

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Drop By Collective ApS, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, DO NOT USE ANY OF THE SERVICES.

We’ll let you know with prior notice of any significant changes to these Legal Terms (those which impact the responsibilities of us or you) via email or the App. If you then continue to use the services after the effective date described, you agree to be bound by the modified terms. 

The Services are intended for users who are at least 18 years old, anyone younger is not permitted to use the Services.

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Drop By Collective Concept

Drop by Collective has users (‘Users’) who are people who use the Services and App as a consumer. They can either be a guest (‘Guest’) who is an anonymous user, or a member (‘Member’) who registers an account with personal information. We also have businesses (‘Businesses’) who are listed on the Services and App for informational, promotional and other reasons. The Legal Terms apply to all unless explicitly stated.

Users use the App to find, discover and learn about the Businesses. Members can have a paid membership, in which they can redeem membership benefits such as offers and promotions at the Businesses.

It’s possible to use the app as a ‘Guest’ for free in which you can browse the app, but do not get access to any membership benefits.

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Specific terms for Businesses

These terms relate specifically and are directed to the Businesses (‘You’, for the following section) business who use the Services. 

By agreeing to participate in our Services, you agree to be bound by these terms and conditions below.

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Your participation

1. We reserve the right to decide whether You can participate, or continue to participate, and in whatever capacity, in the Services we offer with no reason or notice.
2. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused in relation to how You are represented in our Services.
3. For any information you provide to us related to your Business, You have the responsibility to ensure its accuracy, and the responsibility to contact Us with any changes to ensure continued accuracy by writing to us at contact@dropbycollective.dk.
4. You are free to withdraw from your participation with the Services at any time, by writing to contact@dropbycollective.dk, with a notice period of 15 working days.

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Content & intellectual property

1. You agree to grant Us a license to use your name, trademarks, logos and other content to represent and promote You in the Services for the duration of your participation on our App, web, social media and in real life.
2. We reserve the right to own, edit, update and remove the content displayed regarding the representation of You in our Services.
3. We grant you permission to use our name, trademarks, logos and other content to promote our collaboration for the duration of your participation. 

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Your perk(s)

1. As part of your participation, you agree to offer at least one valid perk (offer, discount or promotion) to our Members, and honor them in accordance to the terms we agree to.
2. Members are required to have a valid membership, which you are entitled to request and validate upon any use of a perk.
3. It is Your responsibility to contact us at contact@dropbycollective.dk

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Any contract or transaction You enter into with a Member is exclusively between You and the Member, and You agree we have no liability whatsoever for any disputes in relation to that contract or transaction.

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Specific terms for Users

These terms relate specifically and are directed to the Users (‘You’, for the following section), including both Guests and Members who use the Services.

By using the App or Services you agree to be bound by these terms and conditions below.

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Your relation to the Businesses

1. The Services we provide may link, direct to, promote or otherwise represent other Businesses.
2. We are not responsible for Participating Businesses and the services they offer in the form of products, promotions, content, information or otherwise.
3. If you take part in a transaction with a Participating Business, that transaction is between You and the Participating Business, and does not include Us.
4. You shall hold us blameless from any losses, issues, disputes or costs sustained by you or harm caused to you relating to or resulting in any way from Participating Businesses.

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Content & intellectual property

1. We own or license all the intellectual property rights in our Services including, for example, text, video, photographs, video (collective, the ‘Content’), as well as any trademarks and logos (‘Marks’). It’s for your personal, non-commercial use only.
2. If you with to make any use of the Content or Marks, please send your requests to contact@dropbycollective.dk.

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Members 

Memberships

1. We offer a membership where you can receive membership benefits. These benefits are subject to change with no notice.
2. Some of these benefits include perks (offers and discounts) to be used at participating Businesses. Sometimes these perks may become outdated or invalid at the Participating Businesses discretion. We cannot be held responsible if you cannot claim a perk with a Participating Business. Please check directly with the participating Businesses for validity, and feel free to report any inaccuracies to us.
3. Perks cannot be used in conjunction with any other form of offers at Participating Businesses unless otherwise stated.
4. Businesses may request proof of membership and proof of identification to use a perk.
5. Your membership can only be used while you have a valid subscription, which can be seen on your virtual membership card and in your account.
6. Your membership is personal to you, the named account owner and whose name appears on the membership card, and it cannot be used by anyone else.
7. We reserve the right to refuse or withdraw your right to a membership at any time.

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Member accounts

1. By using the Services you are sure that all registration information is accurate, and you maintain its accuracy as necessary. 
2. You agree to keep your password confidential, and only use your account to make use of the Services yourself.

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Payments

1. We currently accept payments through our payments processor Stripe.
2. Your membership will continue and automatically renew unless canceled. You consent to us charging your payment method on a recurring basis without your prior approval.
3. You can cancel your membership in your account settings or by contacting contact@dropbycollective.dk.
4. How often you are charged depends on the membership plan you choose when you subscribe.
5. We may make changes to the membership fee, and will communicate any of these changes to you in accordance with applicable law.

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Refunds

1. You are entitled to a refund within 14 days of your membership purchase. 
2. This is only in the case that you have not used your membership to receive any benefits.
3. In other cases, refunds are not available unless specified by applicable law.

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General Terms

1. Our services

The information provided when using the Services is not intended for distribution or use by anyone in any situation where distribution or use would be illegal.

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2. Privacy policy

We care about data privacy and security. Please review our Privacy Policy for more information. By using the Services, you agree to be bound by our Privacy Policy, which is a part of these Legal Terms.

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3. Terms and termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

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4. Modifications and interruptions

We reserve the right to change, modify or remove contents of the Services at any time for any reason at our sole discretion without notice. 

We cannot guarantee that the Services will be available at all times in the case of issues or otherwise.

You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

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5. Governing law

These Legal Terms are governed by and interpreted following the laws of Denmark. Drop By Collective ApS and yourself both agree to submit to the jurisdiction of the courts of Copenhagen, unless otherwise following from non-derogable consumer rules. If you have any questions about Drop By Collective, or if something goes wrong with your use of our Services, you are always free to contact our customer service on contact@dropbycollective.dk.

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6. Disclaimer

The services are provided on an as-is and as-available basis. you agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

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7. Limitations of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

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8. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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9. User data

We will maintain certain data that you transmit to the Services for using the Services and managing performance of them. You are solely responsible for the data you transmit. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

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10. Electronic communications

You consent to receive electronic communications and you agree that all agreements, notices, disclosures and any other communications we provide to you electronically via email satisfy any legal requirement for it to be in writing. 

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11. Miscellaneous

These Legal Terms represent the entire agreement and understanding between you and us. Our failure to exercise any right of these Legal Terms shall not operate as a waiver of such rights. We shall not be responsible for any loss, damage or failure caused beyond our reasonable control. If any term of these Legal Terms is determined to be unlawful, void or unenforceable, that term or part is deemed severable from these Legal Terms and does not affect the validity of the remaining terms. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

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