Table of Contents
- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- USER REGISTRATION
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- GUIDELINES FOR REVIEWS
- SOCIAL MEDIA
- THIRD-PARTY WEBSITES AND CONTENT
- PLATFORM MANAGEMENT
- TRANSACTIONS, CANCELLATIONS AND REFUNDS
- COPYRIGHT INFRINGEMENTS
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- LIMITATIONS OF LIABILITY
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CONTACT US
Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('You") and Kit My Trip Limited, doing business as Alike ("Alike," "we," us" or "our"), concerning your access to and use of the website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Platform"). You agree that by accessing the Platform, you have read, understood, and agreed to be bound by all these Terms of Service, IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE Platform AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the 'Last updated' date of these Terms of Service. and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Platform so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to nave accepted, the changes in any revised Terms of Service by your continued use of the Platform after the date such revised Terms of Service are posted.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, it and to the extent local laws are applicable.
The Platform is intended for users who are at least 16 years old, persons under the age of 16 are not permitted to use or register for the Platform.
Intellectual Property Rights
Unless otherwise indicated, the Platform is our proprietary property and all source code, databases. Functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights, international copyright laws, and international conventions. The Content and the Marks are provided on the Platform "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you In and to the Platform, the Content, and the Marks.
By using the Platform, you represent and warrant that: (1) all registration information you submit be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Platform for any illegal or unauthorized purpose; and (7) your use of the Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate. not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
You may be required to register with the Platform. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us:
- Systematically retrieve data or other content from the Platform to create or compile. directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use Of the Platform and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
- Use any information obtained from the Platform to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Platform in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Platform.
- Upload or transmit (or attempt to upload or to transmit) viruses. Trojan horses, or other material. including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features. functions, operation, or maintenance of the Platform.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs "), 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware " or "passive collection mechanisms” or “PCMS”)
- Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged In providing any portion of the Platform or any other service to you.
- Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
- Decipher, decompile, disassemble. or reverse engineer any of the software comprising or in any way making up a part of the Platform.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorised script or other software.
- Use a buying agent or purchasing agent to make purchases on the Platform.
- Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Sell or otherwise transfer your profile.
User Generated Contributions
The Platform may invite you to chat, contribute to, or participate in blogs, vlogs, message boards. online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively. "Contributions"). Contributions may be viewable by other users of the Platform and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary' rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms of Service.
- You have the written consent. release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness Of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms of Service.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene. lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation. or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Platform in violation of the foregoing violates these Terms of Service and may result in, among other things, termination, or suspension of your rights to use the Platform.
By posting your Contributions to any part of the Platform or making Contributions accessible to the Platform by linking your account from the Platform to any of your social networking accounts. you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-tree, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including without limitation, your image, video and voice) for any purpose commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable. and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform, and you expressly agree to exonerate us from any and all responsibility and to retrain from any legal action against us regarding your Contributions.
We have the right. in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Platform; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions.
Guidelines for Reviews
We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have first-hand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language: (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct (7) you may not post any false or misleading statements and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any clams, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-tree, fully-paid, assignable, and sublicensable right and license to reproduce, modify translate, transmit by any means, display. perform, and/or distribute all content relating to reviews.
As part of the functionality of the Platform, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-patty Account') by either: (1) providing your Third-party Account login information through the Platform or (2) allowing us to access your Third-party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-party Account. You represent and warrant that you are entitled to disclose your Third-party Account login information to us and/or grant us access to your Third-party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-party Account. By granting us access to any Third-patty Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Pany Account (the "Social Network Content") so that it is available on and through the Platform via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-party Account additional information to the extent you are notified when you link your account with the Third-party Account. Depending on the Third-party Accounts you choose and subject to the privacy settings that you have set in such Third-party Accounts, personally identifiable information that you post to your Third-party Accounts may be available on and through your account on the Platform. Please note that if a Third-party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-patty service provider, then Social Network Content may no longer be available on and through the Platform. You will have the ability to disable the connection between your account on the Platform and your Third-party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any social Network content for any purpose, including but not limited to for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights. including all intellectual property rights and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Websites and Content
The Platform may contain (or you may be sent via the Platform) links to other websites ("Third-party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, Video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy appropriateness, or completeness by us, and we are not responsible for any Third-party Websites accessed through the Platform or any Third-party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-party Websites or the Third-party Content. Inclusion of, linking to, or permitting the use or installation of any Third-party Websites or any Third-party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-party Websites or to use or install any Third-party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally. you Shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-party Content or any contact with Third-party Websites.
We may allow brands/ advertisers to advertise and display their advertisements and other information in certain areas of the Platform. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Platform and any services provided on the Platform or products sold through those advertisements. Further, as an advertiser. you warrant and represent that you possess all rights and authority to place advertisements on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including and without limitation, reporting such user to law enforcement authorities: (3) in our sole discretion and without limitation, refuse, restrict, access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all tiles and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
Transactions, Cancellations and Refunds
When you transact on the Platform to purchase or book a product, service, activity, event, or experience on Alike.io, you will receive an email from us confirming our receipt of your request. If your purchase or booking involves a product, service, activity, event, or experience with instant confirmation, then this first email will also contain confirmation of your booking.
For other product, service, activity, event, or experience confirmation as stated on the Platform is solely for reference only. Actual time required for confirmation may vary and will be sent to you via a separate email.
Vouchers or tickets for your purchases and bookings may be attached in the first email itself or may be sent to you in subsequent email/s depending on the type of product, service, activity, event, or experience.
Alike reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at our sole discretion.
Whilst the service providers are required to provide Alike with accurate and updated prices of the Services on the Platform, Alike cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
Vouchers and Tickets
Following your purchase or booking on the Platform, you may be sent Voucher and/ or Tickets for the respective service, activity, event, or experience. These Vouchers and Tickets may contain a unique Confirmation Number and a Barcode, as well as a printable version, depending on the policies of the service provider.
To use your Voucher or Ticket, you must appear in person at the meeting point designated by the relevant service provider on time and present such documents and/or information as may be required by the service provider, that may include your Confirmation Number, Barcode and/or the printed version. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
A service provider may also require you to provide an identification document bearing your photo to use your Voucher. Neither Alike nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers or Tickets will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher or Ticket in an unlawful manner, the respective service provider may refuse to accept your Voucher, and no refunds will be granted.
The Voucher or Ticket you receive may have additional terms and conditions according to the specific requirements of the service provider with any restrictions that may apply to the use of such Voucher or Ticket, including but not limited to a minimum age requirement.
The date(s) on which a Voucher or Ticket can be used will be stated on the Voucher or the Ticket. If you do not use your Vouchers or Tickets on or by the date(s) noted on them, except as expressly set forth therein, no refunds will be granted.
Cancellations and Refunds
You may cancel your order by contacting our customer service within the cancelation period, as stated at the time of purchase on the Platform. Cancelation windows vary on a case-by-case basis. An order cancelled within the required notice period will be refunded in full via the payment mechanism used at the time of purchase.
Please directly consult with the service provider if you have any enquiries or complaints in respect of the service you received in connection with your Voucher or Ticket.
Except as expressly set forth herein, all fees paid for Vouchers or Tickets are non-refundable.
Prices quoted for Vouchers or Tickets are in the currency stated on the Platform at the time of purchase.
If a service, activity, event, or experience which you have purchased a Voucher or Ticket for is cancelled by the service provider, we will notify you as soon as reasonably practicable, and will process a full refund to via the payment mechanism used at the time of purchase. Refunds of credit cards payments are expected to be in your credit card account with 7 to 10 days.
Addition and Modification to Charges
Alike reserves the right to require payment of fees or charges for any Services offered by us. You shall pay all applicable fees or charges, as described on the Platform in connection with such Services selected by you.
Alike reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on the Platform. Your use, or continued use, of the Services offered by Alike following such notification constitutes your acceptance of any new or revised fees or charges.
To provide the best service and support to you for your cancellations and refunds, following Kit My Trip Group entities are responsible for payments and transactions conducted in specific currencies:
For payments and transactions made in Indian Rupee (INR), the responsible entity is: Kit My Trip Private Limited with registered address at K-5/70, Block K-5, Mohan Garden, New Delhi, Pin Code110059, India
For payments and transactions made in US Dollar (USD), British Pound Sterling (GBP) and Euro (EUR), responsible entity is: Kit My Trip Limited, with registered address at G12 Reading Enterprise Centre, Whiteknights Road, Reading, RG6 6BU, United Kingdom
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided at the end of the Terms of Services (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages it you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.
Term and Termination
These Terms of Service shall remain in force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE Platform (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 TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE Platform OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
It 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.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice, However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be always available. We may experience hardware, software. or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods expressly excluded. kit my trip limited (trading as Alike) and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom.
Any dispute arising from the relationships between the parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the London Court of International Arbitration having its seat in London, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be London, United Kingdom. The language of the proceedings shall be English, Applicable rules of Substantive law Shall be English law.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a Class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration; (a) any Disputes seeking to enforce or protect, or concerning the validity or, any other intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed tor jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
THE PLATFORM IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR 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 PLATFORM 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 PLATFORM'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE Platform 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 PLATFORM, (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 PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY TRANSMITTED TO OR THROUGH THE Platform 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 PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFROM, 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.
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 PLATFORM, 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.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all 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 or the Platform; (3) breach Of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms Of Service; (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 Platform with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnity us, and you agree to cooperate, at your expense, with our defence 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.
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data. you are solely responsible tor all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions and Signatures
Visiting the Platform. sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Service and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver or such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use Of the Platform. You agree that these Terms of Service will not be construed against us by virtue of having drafted them, you hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
To resolve a complaint regarding the Platform or to receive further information regarding our terms of service or use of the Platform, please contact us at firstname.lastname@example.org