TERMS OF SERVICE
Last Updated: 26 June 2015
SideStory Limited (“SideStory,” “we,” “us,” “our”) provides our services to you through our website at www.sidestory.co (the “Site”) and through our mobile applications. We do so subject to the terms and conditions set out below, which we may amend from time to time (the “Terms of Service”). By using any of our services (the “Services”), you are confirming that you have read and agree to be legally bound by these Terms of Service, so please read them carefully.
SideStory provides an online marketplace that connects travellers with creative professionals (“Insiders”) who offer curated creative experiences (“Experience(s)”) in the cities in which we operate.
AVAILABILITY OF THE SERVICES VIA MOBILE APPLICATIONS:
Our Service may be available using a mobile device or an application downloadable to a mobile device (the “Mobile Services”). If you access the Service through a mobile device, you will be responsible for any charges made by your telecommunications or wireless carrier for such usage. If you use the Mobile Services you agree to us communicating with you about SideStory via your mobile device, whether by SMS, MMS, text message or other electronic means, and that we may receive certain information about your usage of the Mobile Services.
NATURE OF PLATFORM SERVICES:
We offer a platform for you to connect with Insiders and book Experiences. We are not a tour or transport operator, travel agent, or provider of activities or Experiences. We are responsible only for: i) making the Services available to you; and (ii) acting as the limited agent of each Insider for the purpose of accepting payments from you on their behalf.
YOU UNDERSTAND AND AGREE THAT SIDESTORY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN YOURSELF AND ANY INSIDER WHOSE EXPERIENCES CAN BE BOOKED ON OUR SITE. YOU ALSO UNDERSTAND AND AGREE THAT SIDESTORY IS NOT A TOUR OPERATOR, TRAVEL AGENT, OR INSURER. OUR SERVICES ARE ONLY TO BE USED TO ENABLE ARRANGEMENTS TO BE MADE BETWEEN YOURSELF AND INSIDERS. SIDESTORY DOES NOT CONTROL OR DETERMINE THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCES, NOR CAN WE CONTROL THE CONDUCT OF INSIDERS, OTHER TRAVELLERS, OR USERS OF THE SERVICES. WE DISCLAIM ALL LIABILIY IN THIS REGARD. YOUR USE OF OUR SERVICES AND YOUR PARTICIPATION IN ANY EXPERIENCE CONDUCTED BY AN INSIDER IS AT YOUR OWN RISK.
YOUR REGISTRATION OBLIGATIONS:
MEMBER ACCOUNT, PASSWORD AND SECURITY:
You are responsible for keeping your password and account details confidential. You are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SideStory of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log off from your account at the end of each session when accessing the Service. SideStory will not be liable for any loss or damage arising from your failure to do so.
MODIFICATIONS TO OUR SERVICES:
We may temporarily or permanently modify or discontinue any part of the Service and you agree that SideStory will not be liable to you or to any third party as a result.
NO ENDORSEMENT OF INSIDERS OR EXPERIENCES:
SideStory does not endorse any Insider or any Experience offered by them. You acknowledge that SideStory is not able to guarantee the accuracy of information provided to you by Insiders and that you should confirm such information to your own satisfaction before you engage them. You are also responsible for determining the identity and suitability of others who you contact or meet via the Services. We will not be responsible for any damage or harm resulting from your interactions with Insiders or other users. You agree that you are solely responsible for taking appropriate precautions in connection with your use of the Service and that when you book an Experience you assume all risk, including but not limited to, any risks associated with interacting with Insiders or other users of our Services.
BOOKINGS AND FEES:
After you have reserved your Experience we will confirm the Insider`s availability and confirm that you may book the Experience. When you book the Experience, we will pre-authorise payment from your credit card of 30% of the price of the Experience as a deposit. You will receive your booking confirmation only once the pre-authorisation is successfully received. This pre-authorisation will be released if you cancel your SideStory experience within the free-cancellation period set out below. Once you have received a booking confirmation, you will also receive the Insider`s contact details. The Insider will send you further details about the Experience you have booked. We will charge the remaining 70% of the price of your Experience automatically 7 days before your Experience is scheduled to begin. The price of an Experience includes the price you pay to the Insider, and the commission you pay to us for providing our Services, which is a percentage of the total price you pay. If during an Experience you incur any additional expenses, you are liable to meet those expenses.
REFERRING FRIENDS FOR EXPERIENCE CREDITS
This section explains how you can earn credits on SideStory Experiences (“Experience Credits”) for your friends who you refer to SideStory. To be eligible to receive Experience Credits, your friend must be new to SideStory (not previously joined or booked a SideStory Experience) and they must use their vaild referral code to book a qualifying SideStory Experience that complies with these Terms of Service (“Eligible Friend”).
Eligible Friends will receive an Experience Credit in the form of a discount on the normal price of their SideStory Experience booking. The amount of the Experience Credit and any additional terms that may apply to your Eligible Friend`s booking will be shown in the referral promotion. Eligible Friends may only use one referral code for each SideStory Experience booked. Eligible Friends can start referring their own friends as soon as they have booked their own SideStory Experience.
We may use payment services such as but not limited to Paypal and Stripe at our complete discretion to facilitate payment card processing (the “Payment Services”). We will ensure that the Payment Services comply with financial and other relevant regulations but will not be responsible for the performance of the Payment Services.
LIMITED AGENCY TO FACILITATE PAYMENTS:
You agree that SideStory is not a party to any agreement between you and the Insider who provides the Experience. You further agree that with the exception of its payment obligations and obligations related to bookings, SideStory disclaims all liability arising from or related to any such agreements. You acknowledge and agree that SideStory acts as the Insider`s agent solely for the limited purpose of accepting payments from you. Once you have paid to SideStory all amounts which are due to the Insider, your payment obligation to the Insider is fulfilled and we are then responsible for paying such amounts to the Insider, less our fees and commission.
PRIVATE ENGAGEMENT OF INSIDERS:
You agree not to privately engage any Insider to provide services other than any Experiences you book using our Services.
IF YOU CANCEL:
If you cancel the Experience any time up until 14 days before the Experience is scheduled to start, you will receive a refund less a 10% service fee. If you cancel the Experience any time between 7 to 14 days before the Experience is scheduled to start, you will receive a refund less a 30% service fee. If you cancel the Experience within 7 days before the Experience is scheduled to start, you will forfeit the full price of the Experience.
IF WE OR AN INSIDER CANCEL:
The terms and conditions below govern the SideStory Refund Policy (the “Refund Policy”). The Refund Policy is available to you if you book and pay for an Experience and one of the following incidents occurs (each, a “Travel Incident”):
- The Insider cancels an Experience within 24 hours before the scheduled start of the Experience.
- The Insider fails to arrive for the Experience within 20 minutes of the scheduled start time.
- The Insider does not enable you to access the Experience (for example, by not ensuring that you are able to gain entry to the site at which the Experience is intended to begin or take place).
- The description of the Experience on our Site is materially inaccurate with respect to: (i) the duration of the Experience, (ii) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Experience.
- During the Experience, conditions do not meet safety or health standards that would be reasonably expected, given the nature of the particular Experience, in SideStory`s reasonable opinion.
- The Experience is cancelled by the Insider or us due to outside factors beyond the Insider`s and our reasonable control, such as extreme weather, strikes, and civil disruption.
OUR REFUND POLICY
If you have booked and paid for an Experience and you suffer a Travel Incident, we agree at our discretion to either (i) reimburse you up to the amount paid by you for the Experience, depending on the nature of the Travel Incident, or (ii) use our reasonable efforts to find and book you another Experience which is reasonably comparable to the Experience described in your original reservation in terms of content and quality. If the price of the alternative Experience is higher than the Experience you booked and paid for, you will be responsible for any difference in price. If the cost of the alternative Experience is lower than the Experience you booked and paid for, you may be entitled to a partial refund for the difference. You agree that all decisions made by us in relation to the Refund Policy, including without limitation the amount of any refund, shall be final and binding.
CONDITIONS FOR CLAIMING A REFUND UNDER REFUND POLICY:
To be eligible to access the Refund Policy, all of the following must apply:
- You must be the person who booked and paid for the Experience.
- You must report the Travel Incident to us in writing (at firstname.lastname@example.org) and provide us with all the relevant information, including evidence of the Travel Incident within 24 hours of the scheduled starting time for your Experience.
- You must respond to any requests from us for additional information or cooperation on the Travel Incident.
- You must not have directly or indirectly caused the Travel Incident through your action, omission or negligence.
- You must be able to demonstrate to us that you have used reasonable efforts to try to resolve the Travel Incident with the Insider before making a claim to access the Refund Policy.
LIMITATIONS ON REFUND POLICY:
Our Refund Policy does not constitute an offer to insure, insurance or an insurance contract, nor is it a substitute for insurance that you may be able separately to obtain. You have not paid any premium in respect of the Refund Policy. You may not assign or transfer to any other person the benefits of the Refund Policy. IN NO EVENT WILL SIDESTORY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH OUR REFUND POLICY EXCEED THE AMOUNT OF THE EXPERIENCE FEES COLLECTED BY SIDESTORY FROM YOU. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
APPLE-ENABLED SOFTWARE APPLICATIONS:
SideStory may offer software applications designed to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- SideStory and you acknowledge that these Terms of Service are concluded between us and you only, and not with Apple, and that as between SideStory and Apple, we, not Apple, are solely responsible for the Apple-Enabled Software and its contents.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the App Store Terms of Service for Apple-Enabled Software.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the usage rules in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be SideStory`s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- SideStory and you acknowledge that SideStory, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between SideStory and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- SideStory and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary.
INTELLECTUAL PROPERTY RIGHTS, SERVICE CONTENT, AND SOFTWARE:
You acknowledge and agree that the Service may contain content or features (“Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by SideStory, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Content, in whole or in part. In using our Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Content other than as specifically authorized herein is strictly prohibited. The technology and software used in the provision of the Service is our property (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
SideStory`s name and logos are trademarks and service marks of SideStory (“Trademarks”). Nothing in these Terms of Service is to be construed as granting any license or right to use any SideStory Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of SideStory Trademarks will inure to our exclusive benefit.
THIRD PARTY MATERIAL:
Under no circumstances will SideStory be liable in any way for any content or materials of any third parties, including but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SideStory does not have a duty to pre-screen content, but that SideStory and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. SideStory and its designees will have the right to remove any content that violates these Terms of Service or we deem in our sole discretion to be otherwise objectionable. You agree that you bear all risks associated with the use of any content, including any reliance on its accuracy, completeness, or usefulness.
USER CONTENT TRANSMITTED THROUGH THE SERVICE:
You represent and warrant that in relation to content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity. By uploading any User Content you hereby grant SideStory and its affiliates a non-exclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or its promotion, advertising or marketing, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submitted Material”), provided by you to SideStory are non-confidential and we enjoy unrestricted use and dissemination of Submitted Material for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that SideStory may preserve and also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SideStory, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SOCIAL NETWORKING SERVICES:
INDEMNITY AND RELEASE:
You agree to release, indemnify and hold SideStory and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIDESTORY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SIDESTORY DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIDESTORY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIDESTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SIDESTORY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SIDESTORY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED POUNDS (£100).
You agree that SideStory may in its sole discretion suspend or terminate your account or use of the Service and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. SideStory may in its sole discretion and at any time discontinue providing parts or all of the Service with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may occur without prior notice and SideStory may immediately deactivate or delete your account and any of its contents. You agree that SideStory will not be liable to you or any third party for termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and SideStory will have no liability relating to those interactions. SideStory reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and SideStory and govern your use of our Service. You may also be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. Our Terms of Service will be governed by the laws of England and Wales. You agree to submit to the exclusive jurisdiction of England and Wales. Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Side Story Ltd is a company incorporated in England and Wales, with company number 9535024. Our registered office is at 6 Oxford Street, Lambourn, Hungerford, Berkshire RG17 8XP. You may contact us at email@example.com