Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the GuestHug Platform, you agree to comply with and be bound by these Terms of Service.
By accepting these Terms of Service, you agree to be bound by the terms herein. Please read it carefully.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and GuestHug (as defined below) governing your access to and use of the GuestHug website, including any subdomains thereof, and any other websites through which GuestHug makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "GuestHug Services"). The Site, Application and GuestHug Services together are hereinafter collectively referred to as the “GuestHug Platform”. When these Terms mention “GuestHug,” “we,” “us,” or “our,” it refers to the GuestHug company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your GuestHug Account as determined by either your express selection or by GuestHug’s assessment of your residence using various data attributes associated with your GuestHug Account.
1. Scope of GuestHug Services
1.1 The GuestHug Platform enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to provide useful information and Host Services and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of services, amenities and experiences, and a variety of services.
1.2 As the provider of the GuestHug Platform, GuestHug does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Host Services. Hosts alone are responsible for their Host Services. When Members make or accept a Host Service, they are entering into a contract directly with each other. GuestHug is not and does not become a party to or other participant in any contractual relationship between Members. GuestHug is not acting as an agent in any capacity for any Member.
1.3 GuestHug has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Host Services, (ii) the truth or accuracy of any Host Service (iii) the performance or conduct of any Member or third party. GuestHug does not endorse any Member, or Host Services.
1.4 If you choose to use the GuestHug Platform as a Host your relationship with GuestHug is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of GuestHug for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of GuestHug. GuestHug does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 The GuestHug Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. GuestHug is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by GuestHug of such Third-Party Services.
1.7 Due to the nature of the Internet, GuestHug cannot guarantee the continuous and uninterrupted availability and accessibility of the GuestHug Platform. GuestHug may restrict the availability of the GuestHug Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the GuestHug Platform. GuestHug may improve, enhance and modify the GuestHug Platform and introduce new GuestHug Services from time to time.
2. Eligibility, Using the GuestHug Platform
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the GuestHug Platform or register a GuestHug Account. By accessing or using the GuestHug Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.3 GuestHug may make access to and use of the GuestHug Platform, or certain areas or features of the GuestHug Platform, subject to certain conditions or requirements.
2.5 The access to or use of certain areas and features of the GuestHug Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the GuestHug Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the GuestHug Platform implement Google Maps/Earth mapping services, including Google Maps and Google Places API(s). Your use of Google Maps/Earth and Google Places is subject to the Google Maps/Google Earth and Google Places Terms of Service.
3. Modification of these Terms
GuestHug reserves the right to modify these Terms at any time in accordance with this provision.
4. Account Registration
4.1 You must register an account ("GuestHug Account") to access and use certain features of the GuestHug Platform. If you are registering a GuestHug Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a GuestHug Account using an email address and creating a password.
4.3 You must provide accurate, current and complete information during the registration process and keep your GuestHug Account and up-to-date at all times.
4.4 You may not register more than one (1) GuestHug Account unless GuestHug authorizes you to do so. You may not assign or otherwise transfer your GuestHug Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your GuestHug Account credentials and may not disclose your credentials to any third party. You must immediately notify GuestHug if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your GuestHug Account. You are liable for any and all activities conducted through your GuestHug Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 GuestHug may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the GuestHug Platform ("Member Content"); and (ii) accesGuestHug Platform, including proprietary GuestHug content and any content licensed or authorized for use by or through GuestHug from a third party ("GuestHug Content" and together with Member Content, "Collective Content").
5.2 The GuestHug Platform, GuestHug Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United Kingdom and other countries. You acknowledge and agree that the GuestHug Platform and GuestHug Content, including all associated intellectual property rights, are the exclusive property of GuestHug and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the GuestHug Platform, GuestHug Content or Member Content. Logos, trade names and any other proprietary designations of third parties used on or in connection with the GuestHug Platform, GuestHug Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the GuestHug Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GuestHug
5.4 Subject to your compliance with these Terms, GuestHug grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the GuestHug Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the GuestHug Platform, you grant to GuestHug a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the GuestHug Platform, in any media or platform. Unless you provide specific consent, GuestHug does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.7 You are solely responsible for all Member Content that you make available on or through the GuestHug Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the GuestHug Platform or you have all rights, licenses, consents and releases that are necessary to grant to GuestHug the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or GuestHug's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates GuestHug policy. GuestHug may, without prior notice, remove or disable access to any Member Content that GuestHug finds to be in violation or otherwise may be harmful or objectionable to GuestHug, its Members, third parties, or property.
5.9 GuestHug respects copyright law and expects its Members to do the same. If you believe that any content on the GuestHug Platform infringes copyrights you own, please notify us.
6. Service Fees
6.1 GuestHug may charge subscription fees to Hosts ("Host Fees") and service processing fees to Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the GuestHug Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) can be provided on request. GuestHug reserves the right to change the Service Fees at any time.
6.3 You are responsible for paying any Service Fees that you owe to GuestHug. The applicable Service Fees (including any applicable Taxes) are collected by either App Store, Playstore or Stripe Payments. Except as otherwise provided on the GuestHug Platform, Service Fees are non-refundable.
Subscription service fees apply to United Kingdom residents. Prices may vary in other countries respecting your local currency exchange rate. You can cancel your GuestHug platform subscription at any time to avoid future payments.
Your subscription will be charged to your iTunes account. At the end of the term, unless auto-renewables subscriptions are disabled, your subscription will automatically renew in your iTunes account. You will be charged for the regular price of your subscription within 24 hours prior to the end of the current term. You can turn off automatic renewal in your iTunes account settings at any time, but you must do so at least 24 hours before the end of the current term. Refunds will not be provided for the unused portion of any term. To turn-off auto-renewables you should follow the procedure below:
Note: If the option to turn off auto-renewal is not displayed here, you may have already chosen to turn it off, canceling future charges. If that’s the case, you should be able to see the end date of your subscription on this screen. You can find more details in this Apple Support article.
7. Terms specific for Hosts
7.1 Terms applicable to all Listings
7.1.1 When uploading information onto the GuestHug Platform you must (i) provide complete and accurate information about your Host Service (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by GuestHug. You are responsible for keeping your information up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Host Services.
7.1.3 Any terms and conditions included in your Host Services, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.5 Pictures, animations or videos (collectively, "Images") used on the GuestHug Platform must accurately reflect the quality and condition of your Host Services. GuestHug reserves the right to require that Images have a certain format, size and resolution.
7.1.8 GuestHug recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply when guest participate in your Experience, Event or other Host Service. Host Services Hosts alone are responsible for the Experiences, Events, or other Host Services that they submit, list and provide. GuestHug is not itself an operator or provider of tours, activities, travel services, Experiences, Events or other Host Services. GuestHug does not own, sell, resell, furnish, provide, manage and/or control any such Experiences, Events or other Host Services. GuestHug’s responsibilities are limited to making the Experiences, Events or other Host Services available through the GuestHug Platform. You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience, Event or other Host Service. You are solely responsible for ensuring that the Equipment used in your Experience, Event or other Host Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment. Additional Experience Host Responsibilities You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s); and (iii) ensuring that your provision of an Experience, Event, or other Host Service(s) will not breach any agreement you may have with any third party.
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
8.3 Booking Experiences, Events and other Host Services
8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
8.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
9.1 As a Host you are solely responsible for determining your obligations to report, collect, remit or include in your Host services any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
9.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
10. Term and Termination, Suspension and other Measures
10.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or GuestHug terminate the Agreement in accordance with this provision.
10.2 You may terminate this Agreement at any time by sending us an email.
10.3 GuestHug may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
10.4 GuestHug may immediately, without notice, terminate this Agreement and/or stop providing access to the GuestHug Platform if (i) you have materially breached your obligations under these Terms (ii) you have violated applicable laws, regulations or third party rights, or (iii) GuestHug believes in good faith that such action is reasonably necessary to protect the personal safety or property of GuestHug, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
10.5 When this Agreement has been terminated, you are not entitled to a restoration of your GuestHug Account or any of your Member Content. If your access to or use of the GuestHug Platform has been limited or your GuestHug Account has been suspended or this Agreement has been terminated by us, you may not register a new GuestHug Account or access and use the GuestHug Platform through an GuestHug Account of another Member.
10.6 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the GuestHug Platform or Collective Content, you do so voluntarily and at your sole risk. The GuestHug Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied. You agree that some Experiences, Events, other Host Services, may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless GuestHug from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
12.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the GuestHug Platform or use of any other Host Service, or any other interaction you have with other Members whether in person or online remains with you. Neither GuestHug nor any other party involved in creating, producing, or delivering the GuestHug Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the GuestHug Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the GuestHug Platform, or (iv) use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not GuestHug has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You agree to release, defend (at GuestHug’s option), indemnify, and hold GuestHug and its affiliates and subsidiaries, harmless from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the GuestHug Platform or any Guesthug Services, (iii) your interaction with any Member, participation in an Experience, Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the GuestHug Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the GuestHug Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
15. Applicable Law and Jurisdiction
Terms will be interpreted in accordance with English law.
16. General Provisions
16.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between GuestHug and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between GuestHug and you in relation to the access to and use of the GuestHug Platform.