TERMS OF SERVICE
WELCOME TO GUGY
Here are our terms and conditions that govern the use of our GUGY website and Services, from here on referred to as our ¨Terms of Service¨. They tell you the rules for using our Website and Services and what we are responsible for and what you are responsible for.
Please read these terms and conditions carefully, as they may affect your legal rights. If you have any questions or concerns about any of the information below please don´t hesitate to get in touch – gugyinfo@gmail.com
1. ACCESSING OUR WEBSITE
In these terms:
This website is operated by GUGY LIMITED. Throughout the Website, the terms “we”, “us” and “our” refer to GUGY LIMITED. GUGY LIMITED offers this website, including all information, tools and services available from this Website to you, the user or ¨Grownupgapper¨, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Grown Up Gap Years (GUGY LIMITED) is a service that allows an individual (referred to in these Terms of Service as the ¨Grownupgapper¨) to discover opportunities for short term cultural and skills exchange with families and projects (referred to in these Terms of Service as the ¨Hosts¨) from around the world. These opportunities are referred to within these Terms of Service collectively as the ¨Services¨.
The Services are accessible at www.grownupgapyearexperiences.com referred to in these Terms of Service as the ¨Website¨.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. APPLICATION OF TERMS OF SERVICE
Please read these website Terms of Service (“Terms of Service”, “Terms“) carefully before accessing or using the Website: http://www.growupgapyearexperiences.com
These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing or using our Website, you indicate that you accept these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and that you agree to abide by them. If you do not agree to these Terms of Service, do not use this Website. These terms apply to your use of the Website.
We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms. We may change, suspend, discontinue, or restrict access to, the Website without notice or liability. These Terms were last updated on 16.08.2017.
3. USING OUR WEBSITE
1. By agreeing to these Terms of Service, you represent that you are at least 18 years of age.
2. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. From time to time, we may restrict access to some parts of our Website to users who have registered with us. You must treat all passwords as confidential and must not disclose them to any third party.
3. A breach or violation of any of the Terms will result in an immediate termination of your Service(s).
4. We reserve the right to refuse a Service to anyone for any reason at any time.
4. PROHIBITED USE
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Website or its content:
1. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2. To solicit others to perform or participate in any unlawful acts;
3. To violate any local, national or international law or regulation;
4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. To submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
7. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of solicitation
8. To collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (ii) for any obscene or immoral purpose;
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We make no warranty that this Website (or any sites that are linked to this Website) is free from technical errors, computer viruses or any other malicious or impairing computer programs
11. A breach or violation of any of the Terms will result in an immediate termination of your Service(s).
5. THIRD-PARTY LINKS
1. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
2. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
1. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
2. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
7. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
1. If, at our request, you send certain specific submissions (for example Service review) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8. ERRORS, INACCURACIES AND OMISSIONS
1. Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
2. 1.8.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated
9. DATA PROTECTION AND PRIVACY POLICY
1. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: www.grownupgapyearexperiences.com/privacy.
10. INTELLECTUAL PROPERTY RIGHTS
1. All concepts, information and materials contained in or displayed on the Website (other than any User Generated Content) are the proprietary property of GUGY LIMITED or our Hosts, and are protected by copyright, trade secret, and other applicable laws.
2. This Website is for your personal and non-commercial use. No part of this Website may be reproduced in any form without our prior consent, other than temporarily in the course of using our Services or to keep a record of a transaction entered into using our Services. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or in any other way use any material, information or Services contained or featured on this Website.
11. BOOKING THROUGH OUR WEBSITE
Any booking of Services from our Website are governed by our Booking Terms and Conditions outlined below.
GUGY Services – Overview
1. The GUGY Website enables Grownupgappers to contact GUGY to find potential Hosts. GUGY has identified a series of potential Hosts around the world. Grownupgappers can contact GUGY to attempt to find a suitable Host for their extended travel break.
2. GUGY will interview potential Grownupgappers and suggest suitable Hosts and Services based on the required availability.
Booking GUGY Services
1. On agreement of a Grownupgapper and a Host to a Service, GUGY will charge a nominal weekly fee to cover the arrangement costs of that Service. This fee enables Grownupgappers to:
a.) Contact hosts directly to arrange details
b.) Be contacted by hosts directly
c.) Access logistical recommendations for a given Host, e.g. getting there, clothes, accommodation, photos etc.
d.) Contact us at GUGY for any critical Host related issues. We will endeavour to resolve any issue but cannot guarantee resolution only that we will attempt to provide useful information and suggestions.
3. GUGY will provide recommendations to potential Grownupgappers based on the interview process. We identify possible Hosts and we connect potential Grownupgappers with these Hosts. We introduce one party to another, but it is your decision as a Grownupgapper to enter into a final agreement with a host.
4. GUGY is not able to guarantee that you will always find a suitable Host via our website. We will try to make recommendations on Hosts that suit your needs, but availability and suitability are subject to our assignment process. No payment will be taken until a final agreement has been reached for a suitable Service with a Grownupgapper.
12. EXPECTATIONS OF GROWNUPGAPPERS
If you purchase one of our GUGY Services you hereby confirm and acknowledge the following terms and conditions of any booking, outlined below:
1. Eligibility: you are over 18 years old at time of booking
2. Accuracy: All information provided is true and accurate at time of booking;
3. Insurance: you have sufficient levels of personal, travel and health insurance for a given Host or Service and its associated location. GUGY strongly advises that Grownupgappers purchase insurance prior to your Service commencing. GUGY is not responsible for providing any insurance or guarantees for a Grownupgapper or a Host and we accept no liability in any way for work or Host related incidents under any circumstances.
4. Visas: when signing up to a Service in a foreign country you must obtain your own appropriate visas. GUGY or any of its hosts cannot assist with your visa applications or contribute towards your travel expenses. GUGY will not be held responsible for any issues arising from your failure to ensure that you have met any visa requirements or obligations for any country you visit whilst staying with Hosts. Any questions should be addressed to the relevant foreign office or local embassy before travelling to a given country or region.
5. Conduct: you hereby agree to respect the beliefs, lifestyle and customs of any Host and abide by their rules and requests whilst living on their property. You agree not to stalk, intimidate, threaten or otherwise harass or cause discomfort to any Host or other Grownupgapper using a given Service.
6. Attendance: once an agreement has been entered into, you agree to make every effort to commence your Service at the agreed time and place, or if not possible to give a particular Host notice of change to that arrangement. We reserve the right not to issue any form of refund for a deliberate no-show at a given Host.
7. Safety: you agree to read, review and acknowledge our GUGY safety overview in advance of starting any Service with a Host. This outlines how to ensure the safest possible GUGY Service experience.
8. Inappropriate Conduct: if you interact with anyone through our Services who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behaviour, who steals from you or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting us on gugyinfo@gmail.com. Please note that although we encourage you to report misconduct, we are not responsible or liable for our members’ actions and we are not obligated to take any action.
13. EXPECTATIONS OF HOSTS
All of our prospective Hosts have read and acknowledged a set of Host specific obligations, outlining:
1. Accuracy: any information they have provided regarding their Service will be accurate and true;
2. Cultural Exchange: all Hosts will endeavour to provide a genuine cultural exchange and experience and not to leverage Grownupgappers merely as a free source of labour.
3. Accommodation: all Hosts own or have the right permissions to allow our Grownupgappers to stay at the agree place of residence.
4. Legal & Regulatory: all Hosts agree to comply with local laws and regulations concerning tax, insurance and visas. They are solely responsible for complying with these laws.
5. Safety: all Hosts have acknowledged our GUGY safety overview and will abide to adhere them wherever possible. This outlines how to ensure the safest possible GUGY Service experience.
14. PRICING
1. Prices for our Services for Grownupgappers are subject to change without notice.
2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
15. SERVICES
1. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of Services or Service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this Website is void where prohibited.
2. We do not warrant that the quality of any Services, purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
16. WARRANTY
1. GUGY´s only warranty, if a Service is deemed to have become untenable, is to provide one night’s free accommodation to a maximum value of €50.00. Determining if a Service is deemed untenable will be the responsibility of GUGY Limited, subject to discussions with both the impacted Host and Grownupgapper, and subject to the following conditions being met:
a.) Advanced notice (minimum 24 hours) of Service issues has been flagged to GUGY by the Grownupgapper;
b.) GUGY has been able to contact the Host in question to discuss the status of a given Service;
c.) GUGY has been able to contact the Grownupgapper to discuss the status of a given Service.
2. No warranty is provided for the accommodation provided at a given Host, unless changed from the agreed specifications in the Host overview document. Any change from this document should be reported directly to GUGY at the earliest opportunity. GUGY will endeavour to liaise with Hosts to rectify but may only be able to suggest helpful ways to make the most of the given accommodation.
17. LIMITATION OF LIABILITIES
To the maximum extent permitted by law:
1. You access and use the Website and Services at your own risk;
2. We are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, the Services, or your access and use of (or inability to access or use) the Website or Services. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
3. You acknowledge that in an instance where you seek any legal remedy for actions or omissions of Hosts or Grownupgappers, or any third parties, you will not claim any liability against GUGY. GUGY LIMITED accepts no responsibility for any Grownupgapper related or Host related incidents. We recommend that all Grownupgappers take out some form of travel and health insurance and that Hosts have some for public indemnity insurance to cover Grownupgapper incidents on their property or place of work.
4. You acknowledge that in an instance where you seek any legal remedy for actions or omissions of Hosts or Grownupgappers, or any third parties, you will not claim any liability against GUGY. GUGY Limited accepts no responsibility for any Grownupgapper related or Host related incidents. We recommend that all Grownupgappers take out some form of travel and health insurance and that Hosts have some form of public liability insurance to cover Grownupgapper incidents on their property or place of work.
To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
1. The Website being unavailable or performing slowly;
2. Any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this;
3. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
4. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
5. You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you.
6. We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7. In no case shall GUGY LIMITED, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any procured using GUGY, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
18. IDEMNIFICATION
1. You agree to indemnify, defend and hold harmless GUGY Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
19. SEVERABILITY
1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
20. ENTIRE AGREEMENT
1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
2. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
21. GOVERNING LAW
1. We are a United Kingdom registered company. We are governed by the applicable laws of England and Wales. No warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on this Website, the Services offered by or on behalf of us, any information relating to such Services and/or our business in any respect with any laws of any other country. Such laws do not, in any event, affect or apply to the same.
2. Access to this Website is conditional on your agreement that all information contained in it and all matters which arise between you and us will be governed by English law. Access is further conditional on your agreement that any dispute or matter which arises between you and us will be dealt with by the Courts of England and Wales only to the exclusion of the Courts of any other country.
3. These Terms of Service, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of the United Kingdom. Each party submits to the non-exclusive jurisdiction of the Courts the United Kingdom in relation to any dispute connected with these Terms, Services, or the Website.
22. CHANGES
1. You can review the most current version of the Terms of Service at any time at this page.
2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
23. CONTACT
If you would like to discuss or clarify any of these Terms in further detail please contact us at gugyinfo@gmail.com.
24. ACKNOWLEDGEMENT
1. By accessing and using this Website you acknowledge that you have read and understood these Terms of Service and that agreement to these Terms of Service has the same force and effect as a signed agreement.
Date of Last Change: 16th August 2017