These General Terms and Conditions (GTC) are intended to set forth the terms and govern the conditions of access granted to the application Nearby Experiences as of its first use.
These GTC form part of a contract between you and the Editor mentioned in the Legal information paragraph regarding the use of the Nearby Experiences application and website as well as its software, services and associated purchases (hereinafter «the Application»).
Downloading, installing and using the Application implies prior and complete acceptance of the Contract.
The Application .
Nearby Experiences allows users to book activities through local Hosts, local business such as hotels and restaurants and guides.
The use of the Application must be strictly personal and not for business purposes (unless authorised to do so by Nearby Experience); you are solely responsible for the use of the application. By using the Application, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Services does not violate any Applicable Law.
We will make our best efforts to render the Application available and operational at all times. However, as the Application is provided via the Internet and mobile networks, factors out of our control may impact the quality and availability of the Application.
This Application has been developed for mobile and desktop use use via an internet browser.
We inform you that the terms and conditions of the contracts that you have signed with your mobile phone operator and your Internet access provider shall apply during the use of the Application. It is possible that your mobile phone operator and your Internet access provider may charge you additional network connection fees or costs during the downloading and access to the Application.
The Application's services are available worldwide, however, due to applicable legislation, hardware and/or technical difficulties, the services may be restricted in certain countries or geographical areas.
Application editor: MESMO LTD, 272 Bath Street, Glasgow, G2 4JR, Scotland, firstname.lastname@example.org, registered with the Companies House, Edinburgh, Scotland, under the number SC564575.
All copyrights, intellectual property rights, registered trademarks, Application database rights, as well as all elements contained within the Application and its software are the exclusive property of the Application.
Consequently, you cannot in any case, use, distribute, copy, reproduce or modify the Application or any of its elements without our prior written permission.
The use of the Application supplies us with a non-exclusive, non-transferable, sub-license free, royalty-free, worldwide license allowing us to use the content, comments and reviews that you post while using the Application.
The Application is not sold to you but you are considered licensed. No property rights relative to the Application (including the source code and the object code) are transferred to you.
The terms of the license are equally applicable to the updates of the Application unless the update is associated with a different and distinct license.
This license will become effective at the date on which you install the Application and remains valid for the entire time during which the Application is on-line.
We grant you, in a personal capacity, a non-exclusive and non- transferable right to use the Application, in consequence whereof, you cannot rent, lend, distribute or sell the Application. It is also strictly forbidden to copy or reproduce under any form, to decompile, to perform reverse engineering or to attempt to obtain the source code.
We draw your attention to the fact that no system can provide a complete security guarantee, therefore, despite the efforts we are making, we cannot guarantee absolute security for our Application.
It is forbidden to:
- Publish sales or business communications without our prior authorization;
- Obtain information about other Users who did not voluntarily publish that information;
- Download viruses or other « malicious » codes,
- Intimidate or abuse other Users;
- Use the Application with a malicious, illicit or illegal intent
- Create several personal accounts.
During use of application, please be aware of your surroundings and use it safely. You agree that your use of the App is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services. You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass) and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Mesmo disclaim all liability related to any property damage, personal injury, or death that may occur during your use of our Services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the App, you release Mesmo (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Limitation of Liability and Litigation
In case of a complaint against us concerning your actions, content, comments or opinions you publish or your information, you will ensure us of any responsibility and any amounts that we may be sentenced to pay or commit to ensure our defense.
We are not responsible for the relative support of the Application. Nevertheless, we provide diligence and create the Application in a skillful manner. You can therefore address any remarks concerning the operation of the Application to the following address: email@example.com.
We disclaim any liability for damages or alterations in your devices after downloading, installing and using the Application. The users are the sole authors of the advice and opinions that are expressed on the Application, therefore, we cannot be regarded as supporting, endorsing or validating such advice and opinion, whether positive or negative, merely due to the fact that they are on the Application.
We draw the users' attention particularly to the fact that they are committed to the opinions and advice that they express and that their responsibility is likely to be investigated for all discriminatory, slanderous, offensive, inappropriate, obscene or otherwise shocking or injurious or generally speaking contradictory to the applicable rules and regulations.
We reserve the right to withdraw all content or information that you publish if we judge them to be contradictory to the terms of the Contract.
We are not responsible for the behavior, on or off-line, of the users.
We cannot be held liable in case of force majeure or incidents that are independent or our will.
Our responsibility is limited to the maximum permitted by applicable law.
Mesmo is not a travel agency and does not provide or own any of the activities, services or accommodations on our platform. Mesmo displays information about properties, activities and services owned by third-party suppliers and facilitates reservations with certain affiliate sites, such actions do not in any way imply, suggest, or constitute Mesmo’s sponsorship or approval of third-party suppliers, or any affiliation between Mesmo and third-party suppliers. Although Mesmo members may rate and review particular properties based on their own experiences, Mesmo does not endorse or recommend the products or services of any third-party suppliers. You agree that Mesmo is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its sites or apps.
Mesmo may link you to supplier sites or other websites that Mesmo does not operate or control.
The Service contains Content specifically provided by Mesmo or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
We may use your User Submissions in a number of different ways in connection with the Site, Service and Mesmo’s business as Nearby Experience may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Mesmo a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Mesmo's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to Mesmo does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Mesmo.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Mesmo will not be liable for any errors or omissions in any Content; and that Mesmo cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
Article 13. Modifications, suspensions and interruptions of the Application
We reserve the right to modify, suspend or interrupt the Application, partially or completely, at any time without prior notice.
Article 14. Termination and Modification
We have the right to terminate the Contract without prior notice if you do not respect the terms of said Contract.
In case of termination, you must stop any use of the Application, and we can immediately block the access to the Application without prior notice and without reimbursement of purchase.
Any tolerance on our part cannot be construed as a waiver of any of our rights.
We can amend any of the conditions in the Contract at any moment in order to offer new products, functions or updates, to protect out legitimate interests, or to respond to legal or regulatory requirements.
Your use of the Application after the effective date of the updated provisions in the contract constitutes your implicit acceptance.
Article 14. Partial invalidity
If one of the provisions of the Contract were to be nullified or declared inapplicable, it would be considered as distinct and separate from the other provisions which would remain valid and applicable in their entirety.
Article 15. Contact information
For any information concerning the Contract please contact the editor in the Legal Information section.