9. Reviews.
After each Host Service, Guests and
Hosts will have an opportunity to review each other. Your Review must
be accurate and may not contain any discriminatory, offensive,
defamatory, or other language that violates our Content Policy or
Review Policy. Reviews are not verified by LikeFridays for accuracy
and may be incorrect or misleading.
10. Content.
Parts of the LikeFridays Platform enable you to provide feedback,
text, photos, audio, video, information, and other content
(collectively, “Content”). By providing Content, in whatever form and
through whatever means, you grant LikeFridays a non-exclusive,
worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and
transferable license to copy, modify, prepare derivative works of,
distribute, publish, and otherwise exploit that Content, without
limitation. If Content includes personal information, our Privacy
Policy describes how we use that personal information. Where
LikeFridays pays for the creation of Content or facilitates its
creation, LikeFridays may own that Content, in which case supplemental
terms or disclosures will say that. You are solely responsible for all
Content that you provide and warrant that you either own it or are
authorized to grant LikeFridays the rights described in these Terms.
You are responsible and liable if any of your Content violates or
infringes the intellectual property or privacy rights of any third
party. Content must comply with our Content Policy and
Nondiscrimination Policy, which prohibit, among other things,
discriminatory, obscene, harassing, deceptive, violent, and illegal
content. You agree that LikeFridays may make available services or
automated tools to translate Content and that your Content may be
translated using such services or tools. LikeFridays does not
guarantee the accuracy or quality of translations, and Members are
responsible for confirming the accuracy of such translations.
11. Fees.
LikeFridays may charge fees (and applicable Taxes) to Hosts and
Guests for the right to use the LikeFridays Platform. More information
about when service fees apply and how they are calculated can be found
on our Service Fees page. Except as otherwise provided on the
LikeFridays Platform, service fees are non-refundable. LikeFridays
reserves the right to change the service fees at any time and will
provide Members notice of any fee changes before they become
effective. Fee changes will not affect bookings made prior to the
effective date of the fee change. If you disagree with a fee change,
you may terminate this agreement at any time pursuant to Section
13.2.
12. LikeFridays Platform Rules.
12.1 Rules.
You must follow these rules and must not help or induce others to
break or circumvent these rules.• Act with integrity and treat others
with respecto Do not lie, misrepresent something or someone, or
pretend to be someone else.o Be polite and respectful when you
communicate or interact with others.o Follow our Nondiscrimination
Policy and do not discriminate against or harass others.• Do not
scrape, hack, reverse engineer, compromise, or impair the LikeFridays
Platformo Do not use bots, crawlers, scrapers, or other automated
means to access or collect data or other content from or otherwise
interact with the LikeFridays Platform.o Do not hack, avoid, remove,
impair, or otherwise attempt to circumvent any security or
technological measure used to protect the LikeFridays Platform or
Content.o Do not decipher, decompile, disassemble, or reverse engineer
any of the software or hardware used to provide the LikeFridays
Platform.o Do not take any action that could damage or adversely
affect the performance or proper functioning of the LikeFridays
Platform.• Only use the LikeFridays Platform as authorized by these
Terms or another agreement with uso You may only use another Member’s
personal information as necessary to facilitate a transaction using
the LikeFridays Platform as authorized by these Terms.o Do not use the
LikeFridays Platform, our messaging tools, or Members’ personal
information to send commercial messages without the recipient’s
express consent.o You may use Content made available through the
LikeFridays Platform solely as necessary to enable your use of the
LikeFridays Platform as a Guest or Host.o Do not use Content unless
you have permission from the Content owner or the use is authorized by
us in these Terms or another agreement you have with us.o Do not
request, make, or accept a booking or any payment outside of the
LikeFridays Platform to avoid paying fees, taxes, or for any other
reason. See our Offline Fee Policy for exceptions.o Do not require or
encourage Guests to open an account, leave a review, complete a
survey, or otherwise interact with a third-party website, application,
or service before, during, or after a Reservation, unless authorized
by LikeFridays.o Do not engage in any practices that are intended to
manipulate our search algorithm.o Do not book Host Services unless you
are actually using the Host Services.o Do not use, copy, display,
mirror, or frame the LikeFridays Platform, any Content, any
LikeFridays branding, or any page layout or design without our
consent.• Honor your legal obligationso Understand and follow the laws
that apply to you, including privacy, data protection, and export
laws.o If you provide us with someone else’s personal information,
you: (i) must do so in compliance with applicable law, (ii) must be
authorized to do so, and (iii) authorize us to process that
information under our Privacy Policy.o Read and follow our Terms,
Additional Legal Terms, Policies, and Standards.o Do not organize or
facilitate unauthorized parties or events. You are responsible and
liable for any party or event during your Reservation that violates
our rules for parties and events, as incorporated by reference
herein.o Do not use the name, logo, branding, or trademarks of
LikeFridays or others without permission, and only as set forth in our
Trademark Guidelines.o Do not use or register any domain name, social
media handle, trade name, trademark, branding, logo, or other source
identifier that may be confused with LikeFridays branding.o Do not
offer Host Services that violate the laws or agreements that apply to
you.o Do not offer or solicit prostitution or participate in or
facilitate human trafficking.12.2 Reporting Violations. If you believe
that a Member, Listing, or Content poses an imminent risk of harm to a
person or property, you should immediately contact local authorities
before contacting LikeFridays. In addition, if you believe that a
Member, Listing, or Content has violated our Standards, you should
report your concerns to LikeFridays. If you reported an issue to local
authorities, LikeFridays may request a copy of that report. Except as
required by law, you agree that we are not obligated to take action in
response to any report.12.3 Copyright Notifications. If you believe
that Content on the LikeFridays Platform infringes copyrights, please
notify us in accordance with our Copyright Policy.
13. Termination, Suspension, and other Measures.
13.1 Term.
The agreement between you and LikeFridays reflected by these Terms is
effective when you access the LikeFridays Platform (for example, to
create an account) and remains in effect until either you or we
terminate the agreement in accordance with these Terms.13.2
Termination. You may terminate this agreement at any time by sending
us an email or by deleting your account. LikeFridays may terminate
this agreement and your account for any reason by giving you 30 days’
notice via email or using any other contact information you have
provided for your account. LikeFridays may also terminate this
agreement immediately and without notice and stop providing access to
the LikeFridays Platform if you breach these Terms, you violate our
Additional Legal Terms or Policies, you violate applicable laws, or we
reasonably believe termination is necessary to protect LikeFridays,
its Members, or third parties. If your account has been inactive for
more than two years, we may terminate your account without prior
notice.13.3 Member Violations. If (i) you breach these Terms, our
Additional Legal Terms, Policies, or our Standards, (ii) you violate
applicable laws, regulations, or third-party rights, or (iii)
LikeFridays believes it is reasonably necessary to protect
LikeFridays, its Members, or third parties; LikeFridays may, with or
without prior notice: • suspend or limit your access to or use
of the LikeFridays Platform and/or your account; • suspend or
remove Listings, Reviews, or other Content; • cancel pending or
confirmed bookings; or • suspend or revoke any special status
associated with your account.For minor violations or where otherwise
appropriate as LikeFridays determines in its sole discretion, you will
be given notice of any intended measure by LikeFridays and an
opportunity to resolve the issue. You may appeal actions taken by us
under this Section by contacting customer service. If a Reservation is
canceled under this Section, the amount paid to the Host will be
reduced by the amount we refund or otherwise provide to the Guest, and
by any other costs we incur as a result of the cancellation.13.4 Legal
Mandates. LikeFridays may take any action it determines is reasonably
necessary to comply with applicable law or the order or request of a
court, law enforcement, or other administrative agency or governmental
body, including the measures described above in Section 13.3.13.5
Effect of Termination. If you are a Host and terminate your
LikeFridays account, any confirmed booking(s) will be automatically
canceled, and your Guests will receive a full refund. If you terminate
your account as a Guest, any confirmed booking(s) will be
automatically canceled, and any refund will depend upon the terms of
the Reservation’s cancellation policy. When this agreement has been
terminated, you are not entitled to a restoration of your account or
any of your Content. If your access to or use of the LikeFridays
Platform has been limited, or your LikeFridays account has been
suspended, or this agreement has been terminated by us, you may not
register a new account or access or use the LikeFridays Platform
through an account of another Member.13.6 Survival. Parts of these
Terms that by their nature survive termination will survive
termination of this agreement, including Sections 2 through 26.
14. Modification.
LikeFridays may modify these Terms at any time. When we make material
changes to these Terms, we will post the revised Terms on the
LikeFridays Platform and update the “Last Updated” date at the top of
these Terms. We will also provide you with notice of any material
changes by email at least 30 days before the date they become
effective. If you disagree with the revised Terms, you may terminate
this agreement immediately as provided in these Terms. If you do not
terminate your agreement before the date the revised Terms become
effective, your continued access to or use of the LikeFridays Platform
will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
If a Member provides valid evidence that you, your guest(s), or your
pet(s) damaged the complaining Member’s real or personal property, or
real or personal property the complaining Member is responsible for,
including consequential damages ("Damage Claim"), the complaining
Member can notify LikeFridays and/or seek compensation through the
Resolution Center. You will be notified of the Damage Claim and given
an opportunity to respond. If you agree to pay, or if the Damage Claim
is escalated to LikeFridays and LikeFridays determines in its sole
discretion that the Damage Claim is valid and you are responsible for
the Damage Claim, LikeFridays via LikeFridays Payments can collect the
amount of the Damage Claim from you. You agree that LikeFridays may
seek to recover from you under any insurance policies you maintain and
that LikeFridays may also pursue against you any remedies it may have
available under applicable law, including referral of the matter to a
collections agency, and/or pursuit of available causes of action
and/or claims against you. You agree to cooperate in good faith,
provide any information LikeFridays requests, execute documents, and
take further reasonable action in connection with Damage Claims,
Member complaints, claims under insurance policies, or other claims
related to your provision or use of Host Services.
16. LikeFridays’s Role.
We offer you the right to use a platform that enables Members to
publish, offer, search for, and book Host Services. While we work hard
to ensure our Members have great experiences using LikeFridays, we do
not and cannot control the conduct of Guests and Hosts. You
acknowledge that LikeFridays has the right, but does not have any
obligation, to monitor the use of the LikeFridays Platform and verify
information provided by our Members. For example, we may review,
disable access to, remove, or edit Content to: (i) operate, secure and
improve the LikeFridays Platform (including for fraud prevention, risk
assessment, investigation and customer support purposes); (ii) ensure
Members’ compliance with these Terms; (iii) comply with applicable law
or the order or requirement of a court, law enforcement or other
administrative agency or governmental body; (iv) address Content that
we determine is harmful or objectionable; (v) take actions set out in
these Terms; and (vi) maintain and enforce any quality or eligibility
criteria, including by removing Listings that don’t meet quality and
eligibility criteria. Members acknowledge and agree that LikeFridays
administers its Additional Legal Terms, Policies (such as our
Extenuating Circumstances Policy) and Standards (such as basic
requirements for hosts), including decisions about whether and how to
apply them to a particular situation, at its sole discretion. Members
agree to cooperate with and assist LikeFridays in good faith, and to
provide LikeFridays with such information and take such actions as may
be reasonably requested by LikeFridays with respect to any
investigation undertaken by LikeFridays regarding the use or abuse of
the LikeFridays Platform. LikeFridays is not acting as an agent for
any Member except for where LikeFridays Payments acts as a collection
agent as provided in the Payments Terms.
17. Member Accounts.
You must register an account to access and use many features of the
LikeFridays Platform. Registration is only permitted for legal
entities, partnerships and natural persons who are 18 years or older.
You represent and warrant that you are not a person or entity barred
from using the LikeFridays Platform under the laws of the United
States, your place of residence, or any other applicable jurisdiction.
You must provide accurate, current, and complete information during
registration and keep your account information up-to-date. You may not
register more than one account or transfer your account to someone
else. You are responsible for maintaining the confidentiality and
security of your account credentials and may not disclose your
credentials to any third party. You are responsible and liable for
activities conducted through your account and must immediately notify
LikeFridays if you suspect that your credentials have been lost,
stolen, or your account is otherwise compromised. If and as permitted
by applicable law, we may, but have no obligation to (i) ask you to
provide identification or other information, (ii) undertake checks
designed to help verify your identity or background, (iii) screen you
against third-party databases or other sources and request reports
from service providers, and (iv) obtain reports from public records of
criminal convictions or sex offender registrations or their local
equivalents.
18. Disclaimer of Warranties.
We provide the LikeFridays Platform and all Content "as is" without
warranty of any kind, and we disclaim all warranties, whether express
or implied. For example: (i) we do not endorse or warrant the
existence, conduct, performance, safety, quality, legality, or
suitability of any Guest, Host, Host Service, Listing, or third party;
(ii) we do not warrant the performance or non-interruption of the
LikeFridays Platform; and (iii) we do not warrant that verification,
identity, or background checks conducted on Listings or Members (if
any) will identify past misconduct or prevent future misconduct. Any
references to a Member or Listing being "verified" (or similar
language) indicate only that the Member or Listing or LikeFridays has
completed a relevant verification or identification process and
nothing else. The disclaimers in these Terms apply to the maximum
extent permitted by law. If you have statutory rights or warranties we
cannot disclaim, the duration of any such statutorily required rights
or warranties, will be limited to the maximum extent permitted by
law.
19. Limitations on Liability.
Neither LikeFridays (including its affiliates and personnel) nor any
other party involved in creating, producing, or delivering the
LikeFridays Platform or any 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) the use of or inability to use the LikeFridays Platform or
any Content, (iii) any communications, interactions or meetings you
may have with someone you interact or meet with through, or as a
result of, your use of the LikeFridays Platform, or (iv) publishing or
booking of a Listing, including the provision or use of Host Services,
whether based on warranty, contract, tort (including negligence),
product liability or any other legal theory, and whether or not
LikeFridays has been informed of the possibility of such damage, even
if a limited remedy set out in these Terms is found to have failed of
its essential purpose.Except for our obligation to transmit payments
to Hosts under these Terms, or make payments under the LikeFridays
Host Damage Protection or Japan Host Insurance, in no event will
LikeFridays’s aggregate liability for any claim or dispute arising out
of or in connection with these Terms, your interaction with any
Members, or your use of or inability to use the LikeFridays Platform,
any Content, or any Host Service, exceed: (A) to Guests, the amount
you paid as a Guest during the 12-month period prior to the event
giving rise to the liability, (B) to Hosts, the amount paid to you as
a Host in the 12-month period prior to the event giving rise to the
liability, or (C) to anyone else, one hundred U.S. dollars
(US$100).These limitations of liability and damages are fundamental
elements of the agreement between you and LikeFridays. If applicable
law does not allow the limitations of liability set out in these
Terms, the above limitations may not apply to you.
20. Indemnification.
To the maximum extent permitted by applicable law, you agree to
release, defend (at LikeFridays’s option), indemnify, and hold
LikeFridays (including LikeFridays Payments, other affiliates, and
their personnel) harmless from and against 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 (including any
supplemental or additional terms that apply to a product or feature)
or our Additional Legal Terms, Policies or Standards, (ii) your
improper use of the LikeFridays Platform, (iii) your interaction with
any Member, stay at an Accommodation, participation in an Experience
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, stay, participation or use, (iv) your
failure, or our failure at your direction, to accurately report,
collect or remit Taxes, or (v) your breach of any laws, regulations or
third party rights such as intellectual property or privacy rights.
21. Contracting Entities.
Based on your country of residence or establishment and what you are
doing on the LikeFridays Platform, Schedule 1 below sets out the
LikeFridays entity with whom you are contracting. If we identify
through the LikeFridays Platform, a LikeFridays entity other than the
one set out on Schedule 1 as being responsible for a product, feature
or transaction, the LikeFridays entity so identified is your
contracting entity with respect to that product, feature or
transaction. If you change your country of residence or establishment,
the LikeFridays company you contract with (as set out on Schedule 1)
and the applicable version of the Terms of Service will be determined
by your new country of residence or establishment, from the date on
which your country of residence or establishment changes.22. United
States Governing Law and Venue.
If you reside or have your place
of establishment in the United States, these Terms will be interpreted
in accordance with the laws of the State of California and the United
States of America, without regard to conflict-of-law provisions.
Judicial proceedings (other than small claims actions) that are
excluded from the arbitration agreement in Section 23 must be brought
in state or federal court in San Francisco, California, unless we both
agree to some other location. You and we both consent to venue and
personal jurisdiction in San Francisco, California.
23. United States Dispute Resolution and Arbitration Agreement.
23.1
Application.
This Arbitration Agreement only applies to you if your country of
residence or establishment is the United States. If your country of
residence or establishment is not the United States, and you
nevertheless attempt to bring any legal claim against LikeFridays in
the United States, this Arbitration Agreement will apply for
determination of the threshold issue of whether this Section 23
applies to you, and all other threshold determinations, including
residency, arbitrability, venue, and applicable law.
23.2 Overview of Dispute Resolution Process.
LikeFridays is committed to participating in a consumer-friendly
dispute resolution process. To that end, these Terms provide for a
two-part process for individuals to whom this Section 23 applies: (1)
an informal negotiation directly with LikeFridays's customer service
team (described in paragraph 23.3, below), and if necessary (2) a
binding arbitration administered by the American Arbitration
Association (“AAA”). You and LikeFridays each retain the right to seek
resolution of the dispute in small claims court as an alternative to
arbitration.
23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.
At least 30 days prior to initiating an arbitration, you and
LikeFridays each agree to notify the other party of the dispute in
writing and attempt in good faith to negotiate an informal resolution.
You must send your notice of dispute to LikeFridays by mailing it to
LikeFridays's agent for service: [Company Name], [Address], [City],
[Postcode]. LikeFridays will send its notice of dispute to the email
address associated with your LikeFridays account. A notice of dispute
must include: the party’s name and preferred contact information, a
brief description of the dispute, and the relief sought. If the
parties are unable to resolve the dispute within the 30-day period,
only then may either party commence arbitration by filing a written
Demand for Arbitration with the AAA and providing a copy to the other
party as specified in the AAA Rules.
23.4 Agreement to Arbitrate.
You and LikeFridays mutually agree that any dispute, claim or
controversy arising out of or relating to these Terms or the
applicability, breach, termination, validity, enforcement or
interpretation thereof, or any use of the LikeFridays Platform, Host
Services, or any Content (collectively, “Disputes”) will be settled by
binding individual arbitration (the “Arbitration Agreement”). If there
is a dispute about whether this Arbitration Agreement can be enforced
or applies to our Dispute, you and LikeFridays agree that the
arbitrator will decide that issue.
23.5 Exceptions to Arbitration Agreement.
You and LikeFridays each agree that the following causes of action
and/or claims for relief are exceptions to the Arbitration Agreement
and will be brought in a judicial proceeding in a court of competent
jurisdiction (as defined by Section 22): (i) any claim or cause of
action alleging actual or threatened infringement, misappropriation or
violation of a party’s copyrights, trademarks, trade secrets, patents,
or other intellectual property rights; (ii) any claim or cause of
action seeking emergency injunctive relief based on exigent
circumstances (e.g., imminent danger or commission of a crime,
hacking, cyber-attack); or (iii) a request for the remedy of public
injunctive relief; or (iv) any individual claim of sexual assault or
sexual harassment arising from your use of the LikeFridays Platform or
Host Services. You and LikeFridays agree that the remedy of public
injunctive relief will proceed after the arbitration of all arbitrable
claims, remedies, or causes of action, and will be stayed pending the
outcome of the arbitration pursuant to section 3 of the Federal
Arbitration Act.
23.6 Arbitration Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate
commerce and the Federal Arbitration Act governs all substantive and
procedural interpretation and enforcement of this provision. The
arbitration will be administered by the arbitrator in accordance with
the Consumer Arbitration Rules and/or other AAA arbitration rules
determined to be applicable by the AAA (the “AAA Rules“) then in
effect, except as modified here.In order to make the arbitration most
convenient to you, LikeFridays agrees that any required arbitration
hearing may be conducted, at your option: (a) in the U.S. county where
you reside; (b) in San Francisco County; (c) via phone or video
conference. If the amount in controversy is $5,000 or less, the
parties agree to proceed solely on the submission of documents to the
arbitrator.
23.8 Modification of AAA Rules - Attorney’s Fees and Costs.
Your arbitration fees and your share of arbitrator compensation shall
be governed by the AAA Rules. Either party may make a request that the
arbitrator award attorneys’ fees and costs upon proving that the other
party has asserted a claim, cross-claim or defense that is groundless
in fact or law, brought in bad faith or for the purpose of harassment,
or is otherwise frivolous, as allowed by applicable law and the AAA
Rules.
23.9 Arbitrator’s Decision.
The arbitrator’s decision will include the essential findings
and conclusions upon which the arbitrator based the award. Judgment on
the arbitration award may be entered in any court with proper
jurisdiction. The arbitrator may award any relief allowed by law or
the AAA Rules, but declaratory or injunctive relief may be awarded
only on an individual basis and only to the extent necessary to
provide relief warranted by the claimant’s individual claim.
23.10 Jury Trial Waiver.
You and LikeFridays acknowledge and agree that we are each waiving
the right to a trial by jury as to all arbitrable Disputes.
23.11 No Class Actions or Representative Proceedings.
You and LikeFridays acknowledge and agree that, to the fullest extent
permitted by law, we are each waiving the right to participate as a
plaintiff or class member in any purported class action lawsuit,
class-wide arbitration, private attorney general action, or any other
representative or consolidated proceeding. Unless we agree in writing,
the arbitrator may not consolidate more than one party’s claims and
may not otherwise preside over any form of any class or representative
proceeding. If there is a final judicial determination that applicable
law precludes enforcement of the waiver contained in this paragraph as
to any claim, cause of action or requested remedy, then that claim,
cause of action or requested remedy, and only that claim, cause of
action or requested remedy, will be severed from this agreement to
arbitrate and will be brought in a court of competent jurisdiction. In
the event that a claim, cause of action or requested remedy is severed
pursuant to this paragraph, then you and we agree that the claims,
causes of action or requested remedies that are not subject to
arbitration will be stayed until all arbitrable claims, causes of
action and requested remedies are resolved by the arbitrator.
23.12 Severability.
Except as provided in Section 23.11, in the event that any portion of
this Arbitration Agreement is deemed illegal or unenforceable, such
provision will be severed and the remainder of the Arbitration
Agreement will be given full force and effect.
23.13 Changes to Agreement to Arbitrate.
If LikeFridays changes this Section 23 after the date you last
accepted these Terms (or accepted any subsequent changes to these
Terms), you may reject that change by sending us written notice
(including by email) within 30 days of the date the change is
effective. Rejecting a new change, however, does not revoke or alter
your prior consent to any earlier agreements to arbitrate any Dispute
between you and LikeFridays (or your prior consent to any subsequent
changes thereto), which will remain in effect and enforceable as to
any Dispute between you and LikeFridays.
23.14 Survival.
Except as provided in Section 23.12 and subject to Section 13.6, this
Section 23 will survive any termination of these Terms and will
continue to apply even if you stop using the LikeFridays Platform or
terminate your LikeFridays account.
24. China Governing Law and Dispute Resolution.
24.1 China
Domestic Transactions.
If you reside or have your place of establishment in China, and
are contracting with LikeFridays China, these Terms and this Section
24.1 are governed by the laws of the People’s Republic of China. In
this situation, any dispute arising from or in connection with these
Terms or use of the LikeFridays Platform shall be submitted to the
China International Economic and Trade Arbitration Commission
(“CIETAC”) for arbitration which shall be conducted in accordance with
the Commission’s arbitration rules in effect at the time of applying
for arbitration. The arbitral award is final and binding upon both
parties. The tribunal shall consist of three (3) arbitrators. The seat
of the arbitration shall be Beijing. The language of the arbitration
shall be English.
24.2 Cross-border Transactions.
If you reside or have your place of establishment in China, and are
contracting with LikeFridays, Inc., LikeFridays Travel, LLC,
LikeFridays Ireland UC, or any other non-China entity, these Terms and
this Section 24.2 are governed by the laws of Singapore. In this
situation, any dispute arising out of or in connection with these
Terms or use of the LikeFridays Platform, including any question
regarding the existence, validity or termination of these Terms, shall
be referred to and finally resolved by arbitration administered by the
Singapore International Arbitration Centre (“SIAC”) in accordance with
the Arbitration Rules of the Singapore International Arbitration
Centre (“SIAC Rules”) for the time being in force, which rules are
deemed to be incorporated by reference in this clause. The seat of the
arbitration shall be Singapore. The Tribunal shall consist of three
(3) arbitrators. The language of the arbitration shall be English.
24.3 Without Limitation Provisions.
The above Sections 24.1 and 24.2 are expressed to be without regard
to conflict of laws provisions and shall not be construed to limit any
rights which LikeFridays may have to apply to any court of competent
jurisdiction for any order requiring you to perform or be prohibited
from performing certain acts and other provisional relief permitted
under the laws of Singapore, the People’s Republic of China, or any
other laws that may apply to you.
As a consumer who resides in the EEA you can access the European
Commission’s online dispute resolution platform here:
https://ec.europa.eu/consumers/odr. Please note that LikeFridays is
not committed nor obliged to use an alternative dispute resolution
entity to resolve disputes with consumers. The European Commission’s
online dispute resolution platform is not available for residents of
Switzerland or the United Kingdom.
Section 24 of these
Terms contains an arbitration agreement and class action waiver that
applies to all claims brought against LikeFridays in the United
States. Please read them carefully.
Last Updated: January 25,
2023
Thank you for using LikeFridays!
These Terms of
Service for European Users (“Terms”) are a binding legal agreement
between you and LikeFridays that govern your right to use the
websites, applications, and other offerings from LikeFridays
(collectively, the “LikeFridays Platform”). When used in these Terms,
“LikeFridays,” “we,” “us,” or “our” refers to LikeFridays B.V.
The
LikeFridays Platform offers an online venue that enables users
(“Members”) to publish, offer, search for, and book services. Members
who publish and offer services are “Hosts” and Members who search for,
book, or use services are “Guests.” Hosts offer accommodations
(“Accommodations”), activities, excursions and events (“Experiences”),
and a variety of travel and other services (collectively, “Host
Services,” and each Host Service offering, a “Listing”). You must
register an account to access and use many features of the LikeFridays
Platform, and must keep your account information accurate. As the
provider of the LikeFridays Platform, LikeFridays does not own,
control, offer or manage any Listings, Host Services, or tourism
services. LikeFridays is not a party to the contracts entered into
directly between Hosts and Guests, nor is LikeFridays a real estate
broker, travel agency, insurer or an organiser or retailer of travel
packages under Directive (EU) 2015/2302. LikeFridays is not acting as
an agent in any capacity for any Member, except as specified in the
Payments Terms of Service (“Payment Terms”). To learn more about
LikeFridays's role see Section 16.
We maintain other terms and
policies that supplement these Terms like our Privacy Policy, which
describes our collection and use of personal data, and our Payments
Terms, which govern any payment services provided to Members by the
LikeFridays payment entities (collectively "LikeFridays Payments").
If
you Host, you are responsible for understanding and complying with all
laws, rules, regulations and contracts with third parties that apply
to your Host Services.
25. Brazil Governing Law and Venue.
If you
reside or have your place of establishment in Brazil, these Terms will
be interpreted in accordance with the laws of Brazil, without regard
to conflict-of-law provisions. Legal proceedings that you are able to
bring against us arising from or in connection with these Terms may
only be brought in a court located in Brazil.
26. Rest of World Dispute Resolution, Venue and Forum, and
Governing Law.
If you reside or have your place of establishment outside of the
United States, China, and Brazil, this Section applies to you and
these Terms will be interpreted in accordance with Irish law. The
application of the United Nations Convention on Contracts for the
International Sale of Goods (CISG) is excluded. If you are acting as
an individual consumer and if mandatory statutory consumer protection
regulations in your country of residence contain provisions that are
more beneficial for you, such provisions shall apply irrespective of
the choice of Irish law. As an individual consumer, you may bring any
judicial proceedings relating to these Terms before the competent
court of your place of residence or the competent court of
LikeFridays's place of business in Ireland. If LikeFridays wishes to
enforce any of its rights against you as a consumer, we may do so only
in the courts of the jurisdiction in which you are a resident. If you
are acting as a business, you agree to submit to the exclusive
jurisdiction of the Irish courts.
27. Miscellaneous.
27.1 Other Terms Incorporated by Reference.
Our Host Damage Protection, Japan Host Insurance Terms,
Rebooking and Refund Policy, Experiences Guest Refund Policy, Content
Policy, Nondiscrimination Policy, Extenuating Circumstances Policy,
Additional Legal Terms, Policies, Standards and other supplemental
policies and terms linked to in these Terms apply to your use of the
LikeFridays Platform, are incorporated by reference, and form part of
your agreement with LikeFridays.
27.2 Interpreting these Terms.
Except as they may be supplemented by additional terms, conditions,
policies, guidelines, standards, and in-product disclosures, these
Terms (including those items incorporated by reference) constitute the
entire agreement between LikeFridays and you pertaining to your access
to or use of the LikeFridays Platform and supersede any and all prior
oral or written understandings or agreements between LikeFridays and
you. These Terms do not and are not intended to confer any rights or
remedies upon anyone other than you and LikeFridays. If any provision
of these Terms is held to be invalid or unenforceable, except as
otherwise indicated in Section 23.11 above, such provision will be
struck and will not affect the validity and enforceability of the
remaining provisions. Where the word “will” is used in these Terms it
connotes an obligation with the same meaning as “shall.”
27.3 No Waiver.
LikeFridays’s failure to enforce any right or provision in these Terms
will not constitute a waiver of such right or provision unless
acknowledged and agreed to by us in writing. Except as expressly set
forth in these Terms, the exercise by either party of any of its
remedies under these Terms will be without prejudice to its other
remedies under these Terms or otherwise permitted under law.
27.4 Assignment.
You may not assign, transfer or delegate this agreement or your
rights and obligations hereunder without LikeFridays's prior written
consent. LikeFridays may without restriction assign, transfer or
delegate this agreement and any rights and obligations hereunder, at
its sole discretion, with 30 days’ prior notice.
27.5 Notice.
Unless specified otherwise, any notices or other communications to
Members permitted or required under this agreement, will be provided
electronically and given by LikeFridays via email, LikeFridays
Platform notification, messaging service (including SMS and WeChat),
or any other contact method we enable and you provide. If a
notification relates to a booking or Listing in Japan, you agree and
acknowledge that such notifications via electronic means in lieu of a
written statement, satisfies LikeFridays’s obligations under Article
59 (1) of the Japanese Housing Accommodation Business Act.
27.6 Third-Party Services.
The LikeFridays Platform may contain links to third-party websites,
applications, services or resources (“Third-Party Services”) that are
subject to different terms and privacy practices. LikeFridays is not
responsible or liable for any aspect of such Third-Party Services and
links to such Third-Party Services are not an endorsement.
27.7 Google Terms.
Some translations on the LikeFridays Platform are powered by Google.
Google disclaims all warranties related to the translations, express
or implied, including any warranties of accuracy, reliability, and any
implied warranties for merchantability, fitness for a particular
purpose and non-infringement. Some areas of the LikeFridays Platform
implement Google Maps/Earth mapping services, including Google Maps
API(s). Your use of Google Maps/Earth is subject to the Google
Maps/Google Earth Additional Terms of Service.
27.8 Apple Terms.
If you access or download our application from the Apple App Store,
you agree to Apple’s Licensed Application End User License
Agreement.
27.9 LikeFridays Platform Content.
Content made available through the LikeFridays Platform may be
protected by copyright, trademark, and/or other laws of the United
States and other countries. You acknowledge that all intellectual
property rights for that Content are the exclusive property of
LikeFridays and/or its licensors and agree that you will not remove,
alter or obscure any copyright, trademark, service mark or other
proprietary rights notices. You may not use, copy, adapt, modify,
prepare derivative works of, distribute, license, sell, transfer,
publicly display, publicly perform, transmit, broadcast or otherwise
exploit any Content accessed through the LikeFridays Platform except
to the extent you are the legal owner of that Content or as expressly
permitted in these Terms. Subject to your compliance with these Terms,
LikeFridays 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 the
Content made available on or through the LikeFridays Platform and
accessible to you, solely for your personal and non-commercial use.
27.10 Force Majeure.
LikeFridays shall not be liable for any delay or failure to perform
resulting from causes outside its reasonable control, including, but
not limited to, acts of God, natural disasters, war, terrorism, riots,
embargoes, acts of civil or military authorities, fire, floods,
accidents, pandemics, epidemics or disease, strikes or shortages of
transportation facilities, fuel, energy, labor or materials.
27.11 Emails and SMS.
You will receive administrative communications from us using the
email address or other contact information you provide for your
LikeFridays account. Enrollment in additional email subscription
programs will not affect the frequency of these administrative emails,
though you should expect to receive additional emails specific to the
program(s) to which you have subscribed. You may also receive
promotional emails from us. No fee is charged for these promotional
emails, but third-party data rates could apply. You can control
whether you receive promotional emails using the notification
preferences in your account settings. Please note that you will not be
able to take advantage of certain promotions if you disable certain
communication settings or do not have a LikeFridays account. In the
U.S. if you consent to receive SMS (text messages) from us, you will
be subject to our SMS Terms.
Additional Terms Applicable to Business Users:
If you are a
Business User, the following additional terms apply to you:
Business
Users:
You are considered a "Business User" under these Terms if
(i) your place of residence or establishment is within the EEA or the
United Kingdom, (ii) you meet the definition of a 'business user'
outlined in Article 2(1) of Regulation (EU) 2019/1150, and (iii) you
have notified LikeFridays by adding your business details to your
LikeFridays account.
Termination, Suspension, and Other Measures:
If LikeFridays takes any measures under Section 13.2 and 13.3, you
will have the opportunity to clarify the circumstances within the
framework of LikeFridays' internal complaint-handling process, as
described in Section 27.
Complaints Handling and Mediation:
LikeFridays aims to handle complaints transparently and treat all
Business Users fairly. Refer to our Help Center for information on
accessing our internal complaint-handling system and the mediation
service available if a complaint remains unresolved.
Access to Data:
As a Business User, you have access to personal and other data in
your LikeFridays account and host dashboard. This data is necessary
for the performance of your Host Services and includes aggregated
information about searches, bookings, and listing performance. Please
refer to our Privacy Policy for details on the data we collect, use,
process, disclose, retain, and your data rights.
Additional Distribution Channels:
LikeFridays operates an affiliate program that may feature your
listings on third-party websites. Listings may also appear in
LikeFridays' advertisements on third-party websites.