1. Introduction to Terms and Conditions

1.1 By using the TaDa app (hereinafter the “App”) and/or the “portal.tadaexperiences.nl” website (hereinafter the “Website”), you acknowledge and agree to the following general terms and conditions (hereinafter the “General Terms and Conditions”). If you do not agree with the General Terms and Conditions, you must immediately cease your use of this App and Website. This App and Website are provided by InBev Nederland N.V., a company organized and existing under the laws of the Netherlands, having its registered office at Ceresstraat 1, 4811 CA Breda, the Netherlands, registered in the Business Register (Handelsregister) of the Netherlands Chamber of Commerce under number 20080399 (“AB InBev”, “we”, “our” or “us”).

1.2 By using this App and Website, you acknowledge and agree that this App and Website will only be interpreted and evaluated in accordance with Dutch law. If you use this App and Website while in other jurisdictions, you are solely and entirely responsible for compliance with applicable local laws. AB InBev provides no guarantees that the material or content on this App and Website is appropriate for locations outside of the Netherlands. All information within this App and Website, including but not limited to
information about products and services, applies only to AB InBev’s activities.

2. Definitions

The following capitalized terms shall have the following meanings in these General Terms and Conditions. 

a) AB InBev: InBev Nederland N.V., the facilitator of the Promotions organized by the POC/Customer.
b) Admin Portal: An administrative portal for TaDa which the business owner can manage their TaDa account.
c) Application: The platform on which the Promotions are offered. Also referred to as "TaDa".
d) Competition: An offer on TaDa where the Consumer can take part in order to win a prize with the winner selected at random.
e) Consumer: Someone who visits the POC/Customer, places an order and redeems a Promotion or offer.
f) Consumer Limit: The max number of Promotions or offers a Consumer is able to redeem.
g) Customer: POC.
h) Customer Limit: The max number of Promotions or offers a Customer is able to redeem.
i) End Date of the Promotion: the date the Promotion ends.
j) National Limit: The max number of Promotions or offers available to be redeemed across all POCs in the Netherlands.
k) POC: ‘Point of Contact’ that sells AB InBev products, also called ‘Customer’. This is the organizer of and responsible party for the Promotions.
l) POC Limit: The max number of Promotions or offers a Customer / POC is able to redeem.
m) POC Portal: An administrative portal for TaDa which the business owner can manage their TaDa account such as accepting  promotions or editing their payment details.
n) Promotion: An offer by the POC which a Consumer can redeem for a benefit.o) Promotion Banner: Marketing material to  illustrate the brand and offer available to the Consumer. 
p) Promotional Period: The duration between the Start Date and the End Date of the Promotion, with both the Start Date and the End Date of the Promotion being included.
q) Promotional Product: The item which is on offer.
r) SKU: Stock Keeping Unit.
s) Start Date of the Promotion: The date the Promotion begins.
t) TaDa: The platform on which the Promotions are offered.

3. Promotion Terms and Conditions

3.1.1 TaDa may set certain criteria for the access to certain Promotions, which they will check and verify. In the event that TaDa finds that you no longer meet the criteria, you will immediately be denied (access to) the Promotions. The nature, extent and availability of the promotions may change over time. TaDa makes no warranties nor accepts any liability in this respect.

3.1.2 Any Promotions offered through TaDa and available on the Application are subject to the relevant conditions for these Promotions. Customers can find these relevant conditions for each Promotion when they view each Promotion on the POC Portal on TaDa. This will inform the Customer of the following:
- Start and End Date of the Promotion*
- National Limit
- POC Limit
- Consumer Limit
- Customer Limit

*If the limit of the Promotion is reached before the End Date of the Promotion, the Promotion will finish and will no longer be visible to your Customers. By accepting the Promotion, Customers accept the conditions of each Promotion. To take part in the Promotion, Customers must supply their correct IBAN numbers, so that AB InBev is able to pay each Customer the payback amount listed on the Admin Portal for each Promotion. The venue is expected to account for the appropriate amount of VAT taking into account also the reimbursements of Promotions (the value of the Customers invoice price of the free item) received from AB InBev for Promotions granted on behalf of AB InBev to Consumers. 

3.1.3 AB InBev is not liable for any incorrect information provided. Customers will receive payback on a
monthly basis:
•For Promotions which don’t run over multiple calendar months, the Customer will receive their payment for the orders within 10 working days after the End Date of the Promotion;
•For Promotions which run over multiple calendar months, the Customer will still receive a monthly payment for the orders made between the first and last day of the current calendar month. Payment will be received within 10 working days after each calendar month.

3.1.4 AB InBev has the right to pause or deactivate any Customers from the Promotion that take part or have suspicion of taking part in fraudulent payments (including but not exclusive to a venue doesn’t stock any SKUs of the brand that is promoted, if the Customer is pushing through orders themselves or if a Customer temporarily increases the price of a product to benefit in an unfair manner from the Promotion).

3.1.5 TaDa and InBev do not accept any liability for the Promotions offered by POCs. AB InBev has the right to sue any fraudulent Customers to claim back financial losses incurred due to fraudulent behavior. Subject to availability, all rights reserved.

3.1.6 Promotions available to Consumers who are 18+ in the Netherlands only. Different Promotions carry different Promotional Periods and are subject to availability, all rights reserved. The Promotion is being granted by and on behalf of the POC. We reserve the right to withdraw Promotions and offers at any time.

3.1.7 Each Customer is responsible for checking whether a Promotion fits within local laws and regulations. InBev is not liable for any infringement of local laws and regulations.

3.2.1 Sampling Promotions (x1 product)
Consumers may take part in the Promotion by clicking on the Promotion they desire, selecting their choice of beer and verifying their mobile number. They show the bar staff the Promotion on screen, which confirms their promotional order, and the Consumer can redeem his beer for free. Consumers are limited to one (1) product at maximum 100% discount across the Promotional Period and a maximum of 5 Promotional Products per calendar month on TaDa, all to the extent permitted by applicable laws and regulations. Customers will be entitled to a maximum of 24 discounted products for their Consumers to redeem via TaDa. Promotional Period will last for 31 days once the Promotion has been activated.

3.2.2 X% off Promotions
Consumers may take part in the Promotion by clicking on the Promotion they desire, selecting their choice of beer and verifying their mobile number. They show the bar staff the Promotion on screen, where they purchase the required beer and redeem their promotional beer with an immediate X% discount off their TaDa order to the value listed on the Promotion Banner. Consumers are limited to 3 Promotional Products per day and a maximum of 5 Promotional Products per calendar month on TaDa. Customers acknowledge the Terms and Conditions for each % off Promotion run on TaDa by accepting the Promotion via the POC Portal.

3.2.3 €X off Promotions
Consumers may take part in the Promotion by clicking on the Promotion they desire, selecting their choice of beer and verifying their mobile number. They show the bar staff the Promotion on screen,where they purchase the required beer and redeem their promotional beer with an immediate €X off discount off their TaDa order to the value included on the Promotion Banner. In the event that the price of the Promotional Product is lower than the value of the discount, the discount applied will only be equal to the purchase price of the product, not exceeding the product's sale price. Consumers are limited to 3 Promotional Products per day and a maximum of 5 Promotional Products per calendar month on TaDa. Customers acknowledge the Terms and Conditions for each €X off Promotion run on TaDa by accepting the Promotion via the POC Portal.

3.2.4 X+Y Promotions (i.e. X+Y Free)
Consumers may take part in the Promotion by clicking on the Promotion they desire, selecting their choice of beer and verifying their mobile number. They show the bar staff the Promotion on screen, where they purchase the required beer and redeem their Promotional beer to the value included on the Promotion Banner. Consumers are limited to 3 Promotional Products per day and a maximum of 5 Promotional Products per calendar month on TaDa. Customers acknowledge the Terms and Conditions for each X+Y Promotion run on TaDa by accepting the Promotion via the POC Portal.

3.2.5 Time Triggered Promotions
Consumers may take part in the Promotion by clicking on the Promotion they desire during available periods of the Promotion, selecting their choice of beer and verifying their mobile number. They show the bar staff the Promotion on screen, where they purchase the required beer and redeem their promotional discount. Consumers are limited to 3 Promotional Products per day and a maximum of 5 Promotional Products per calendar month on TaDa. Customers acknowledge the Terms and Conditions by accepting the Promotion via the POC Portal.

3.2.6 Consumer Competitions
Consumers may take part in the Competition by clicking on the Competition they desire, selecting their choice of beer and verifying their mobile number. They show the bar staff the Competition on screen, where they purchase the required beer. To participate in a Competition, Consumers must accept the specific terms and conditions applicable to the Competition. These terms will be shared via TaDa prior to participation. Unless otherwise stated in the specific terms and conditions of the Competition, the Consumer must complete a trivia question to finalize their entry. Consumers may participate in a Competition once per day. Winning Consumers will be randomly selected and notified via email or SMS within 7 days of the end of the Promotion Period. To the extent that the specific terms and conditions of the Competition conflict with these Promotion Terms and Conditions, the specific terms and conditions of the Competition shall prevail. Customers acknowledge the Terms and Conditions of each Competition by accepting the Promotion via the POC Portal.

3.2.7 Customer Competitions
Customers may take part in the Competition by accepting a Promotion and achieving at least 10 orders over the Promotional Period. Customers will be notified via email if they have been selected. Customers will be selected based on objective criteria.

4. Intellectual property

4.1 AB InBev or one of its affiliated companies owns the copyrights, trademarks and other relevant rights pertaining to all content on and software of this App and Website, including but not limited to text, images, brands, audio, video, graphs and layout (hereinafter the “Intellectual Property Rights”). No part of this App or Website, including but not limited to the text, images, brands, audio or video, may be used in any manner or for any purpose without the express prior written consent of AB InBev, save as provided in these General Terms and Conditions or as provided under the exceptions provided for by law. The modification or use of the aforementioned content of this App and Website for any other purposes violates the rights of AB InBev or any of its affiliates. Any unauthorized use of the above content may result in fines or damages, including but not limited to those related to the violation of Intellectual Property Rights, and publicity rights.

4.2 By accessing this App and Website, you acknowledge and agree that any communication or content you send to this App and Website or to AB InBev, by any means and for any reason, will not be treated as confidential or subject to property law. 

4.3 You warrant that you are the holder or authorized user of all Intellectual Property Rights pertaining to all content, materials, images, logos, brands and names you upload onto the App or Website or otherwise transmit to the App or Website. To the extent that You wish to upload a logo, brand or name of your own business onto this App and Website, the rights thereto remain yours.

4.4 AB InBev hereby obtains an irrevocable, free, worldwide and transferable right of use, including the right to grant sub-licenses, to use and feature any content, materials, images, logos, brands, and names uploaded or otherwise transmitted by you, in the context of the presentation, operation, use and maintenance of the App and Website as well as for marketing activities or other promotional purposes, for the duration of the protection afforded by Intellectual Property Rights under applicable law. You
agree that you will not be entitled to any form of payment or royalty in the event that such material is used by AB InBev, anywhere, at any time, for any reason.

4.5 If you add photos or descriptions of products other than AB InBev products, you bear the sole responsibility. We recommend that you always use the most recent visuals of the product and contact the product owner on the matter if necessary.

4.6 You hereby obtain a non-exclusive and non-transferable right of use for the App and Website, and the Intellectual Property Rights of AB InBev or its affiliates contained therein, in accordance with these General Terms and Conditions, for the duration of your right of access to the App and Website.5. Access to and use of the App and Website

5.1 You agree to use the App and Website in absolute good faith and not to use it in any way that damages or may cause damage to the App or Website or that affects or may affect the availability, security or accessibility of the App or Website; or to use it in any other way that is or may be unlawful, fraudulent or harmful.

5.2 Do not post on this App and Website any pornographic, obscene, profane, defamatory, threatening, unlawful or other material that may constitute or encourage conduct that may be considered a criminal offense, give rise to civil liability, promote the excessive or irresponsible use of alcohol, or otherwise violate any law or regulation. Notwithstanding the fact that AB InBev or other parties involved in the creation, production or delivery of this App and Website may from time to time monitor or review
transmissions, messages, discussions or chats, AB InBev and all parties involved in the creation, production, or delivery of this App and Website recognize no responsibility or liability arising from any of its contents, including but not limited to any claim for defamation, libel, obscenity, pornography, profanity or intentional misrepresentation. AB InBev shall have the right to remove at any time and without prior notice any material from the App or Website that violates these General Terms and Conditions or is otherwise objectionable or illegal.

5.3 AB InBev has the right to terminate your access to this App and Website at any time, without prior notice and without prior judicial intervention, in the event of a breach of these General Terms and Conditions, in the event of a breach of your legal obligations, in order to prevent fraud, for security purposes or for other legitimate interests of AB InBev . AB InBev may also, at any time, in its sole discretion and without prior judicial intervention, discontinue this App and Website or any part thereof upon prior notice in the event of a breach of these General Terms and Conditions, in the event of a breach of your legal obligations, in order to prevent fraud, for security purposes or for other legitimate interests of InBev. In the event AB InBev decides to terminate your full access to or use of the App or Website, AB InBev will provide you with a statement of reasons for this decision on a durable medium at least 30 days before the termination takes effect, unless you have committed repeated breaches of these General Terms and Conditions or unless another legal exception applies.

5.4 You agree that AB InBev shall have no liability to you or any third party for any damage resulting from the restriction or termination of your access to this App and Website.

6. Information

6.1 Although the specifications, features, illustrations, equipment and other information on the App and Website are based on current information to the extent possible, and although AB InBev makes all reasonable efforts to ensure that all information on the App and Website is correct, its accuracy or correctness cannot be guaranteed. AB InBev makes no warranties or representations as to the accuracy or correctness of the information on the App or Website and shall not be liable for any damage resulting from inaccurate or incorrect information. 

6.2 All content information and materials on this App and Website are provided to you “as is”, without warranty of any kind, be it implied or explicit, including but not limited to the warranties of marketability, fitness for a particular purpose, title and warranty of non-violation.

6.3 AB InBev may make changes to the functioning, information and content of this App and Website at any time and without prior notice. AB InBev does not accept any liability for any damage resulting from such changes.

6.4 Although this App and Website may link to or comprise links to other third-party websites, applications or information, this does not imply any endorsement, association, sponsorship, or affiliation with the linked website, application or information, be it directly or indirectly, unless specifically stated. By accessing this App or Website, you acknowledge and agree that AB InBev has not reviewed all websites and applications linked to this App and Website and is not responsible for the content of any off-site pages or any other applications or websites linked to this App and Website. Your linking to any other off-site pages or other applications or websites and use thereof is at your own risk.

7. Access to benefits

7.1 By using the App and/or Website, you gain access to certain benefits that AB InBev may offer from time to time, such as the option to purchase services from a number of third parties at preferential rates. Such benefits are only available if and as long as you use the App and/or Website. To this end, AB InBevwill regularly carry out the necessary checks and verifications. In order to allow access to certain benefits, AB InBev may use certain parameters, which it will check and verify if necessary. In the event that AB InBev determines that you no longer meet the necessary criteria, you will immediately lose your (access to the) benefits.

7.2 The nature, extent and availability of the benefits may evolve from time to time. For example, the third party service providers, their services offered as well as the applicable discount rates for these services may evolve from time to time. AB InBev makes no warranties whatsoever in this regard, nor does it bear any responsibility in this regard. 

7.3 In the event that the benefit offered consists of the option to purchase services from third parties at a preferential rate, AB InBev does not intervene in any way in the potential conclusion of a contract with these third parties. The third parties remain completely free to enter into a contract with you or not and AB InBev does not provide any guarantees regarding the conclusion of a contract, or about the current or continued applicability of the communicated discounted rates.

7.4 If appropriate, the contractual relationship will be established directly between you and the third party. This contractual relationship shall be governed by the applicable terms and conditions of this third party. AB InBev bears no liability whatsoever regarding the potential formation of the contractual relationship, or for the services provided by this third party. 

7.5 You expressly acknowledge and agree that AB InBev acts solely in its own name and for its own account and will not mediate and/or conclude any business in your name and on your behalf. You will not engage in any conduct that conflicts with these provisions.

8. The order and payment process

8.1 The full content of the menu of your business that will appear on the App and Website is your own responsibility. You may access the App and Website to adjust products, prices and sizes, and AB InBev assumes no responsibility for the content of your menu. You are responsible for posting the correct and current information regarding your business and your menu on the App and Website. If information about your business or your menu is incorrect, InBev is not liable. 

8.2 If you have confirmed the order via the App or Website, you are obliged to offer the ordered products to the Consumer and to handle the payment afterwards on the spot. In such a case, payments will not be handled by AB InBev, meaning AB InBev will not be liable for any issues with the payment. The transaction (in particular the purchase of beverages) is concluded directly between you and the Consumer. Any disputes between the Consumer and yourself regarding an order must be settled by yourself and AB InBev bears no responsibility in this regard.

8.3 Confirmed orders cannot be changed in the App or Website. If the Consumer wishes to change his order after the App or Website or your business has confirmed the order, this is your own responsibility. AB InBev is not liable for any refunds if the Consumer requests a refund. If you agree to change the order, you must arrange this outside of the App and Website.

9. Responsible drinking

In case of an order for alcoholic beverages from you via the App and/or Website, you yourself are responsible for verifying the age of the Consumers before delivering the order in order to ensure that these Consumers are legally allowed to consume alcohol. You bear all responsibility in this regard. 

10. Liability and indemnification

10.1 By accessing this App and/or Website, you acknowledge and agree that your use of the App or Website is at your own risk. AB InBev, its affiliates and any third parties contracted by AB InBev in the development of the App and/or Website shall not be liable (to the extent that the exclusion of such liability is not prohibited by law) for any incidental, consequential, indirect or punitive damage, losses, costs or expenses (including loss of profits, loss of potential (sale) transactions, reputational damage, loss of data, legal fees, expert fees or other expenses) that may arise, directly or indirectly, from accessing, using or browsing this App or Website or from downloading any content, material, data , text, images, video or audio from this App or Website, including but not limited to damage caused by viruses, bugs, human action or inactivity or any computer system, telephone line, hardware, software or program malfunction, or other errors, failures or delays in computer transmissions or network connections. The total aggregate liability of AB InBev and its affiliates for damage resulting from accessing or using the App and/or the Website will in any case be limited to EUR 5.000,00. AB InBev and its affiliates shall not be liable for any force majeure events, such as but not limited to acts or omissions of third parties (including subcontractors of AB InBev or of its affiliates) or unavailability or downtime of servers or third-party applications.

10.2 Although it is AB InBev’s objective to maximize compatibility and interoperability of the App and Website, AB InBev does not make any guarantees regarding any compatibility of the App and Websitewith the software and/or hardware (including the Electronic Point of Sale system or “EPOS” system) employed by you. AB InBev (and any third parties contracted by AB InBev in the development of the App and/or Website) are not liable for any direct or indirect damages resulting from any such non-compatibility. AB InBev (nor any third parties contracted by AB InBev in the development of the App and/or Website) are under no circumstance obligated to perform support services in connection with the App and Website.

10.3 You agree to hold harmless and indemnify AB InBev and its affiliates against any breach by you of these General Terms and Conditions and any claim or demand brought by any third party against AB InBev or its affiliates as a result of your use of the App and Website, including but not limited to all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal fees and expenses) however incurred or accrued by AB InBev or its affiliates as a result of your breach of these General Terms and Conditions.

11. Personal data and privacy

When you wish to use this App and Website, participate in contests, Promotions and surveys or other communication with us, we may ask you to provide us with personal data. For information on how AB InBev processes and protects your personal data, please refer to the privacy and cookie policy on our website: https://portal.tadaexperiences.nl/privacy-policy. You are responsible for complying with your own obligations under applicable data protection legislation.

12. General provisions

12.1 If any provision of these General Terms and Conditions is found by a competent court to be invalid, unlawful or unenforceable for any reason, then such provision shall be deemed inapplicable, and the remaining General Terms and Conditions shall persist and remain in full effect as well as binding and enforceable.

12.2 AB InBev reserves the right to, at any time and for any reason, revise these General Terms and Conditions, change the information on this App or Website and/or make any changes to its Intellectual Property Rights (including the name, visuals, trademarks related to the App and Website), without any form of compensation due and of which it will notify you as appropriate prior to such changes becoming applicable. We recommend that you regularly visit this page of the App or Website to review these General Terms and Conditions.

12.3 Company details:

For complaints or questions, contact us via the following details:
InBev Nederland N.V.
Ceresstraat 1, Postbus 3212, 4800 Breda, Netherlands
klantenservice.horeca@ab-inbev.com

12.4 The use of the App and the Website and these General Terms and Conditions are exclusively governed by Dutch law.

12.5 In the event of a dispute arising out of or related to the use of the App and/or the Website, and which cannot be resolved through the internal complaint handling system, the competent court in the Netherlands shall have exclusive competence, on the understanding that in district court cases the court in Breda shall in any event have competence.