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Terms and Conditions

Terms and Conditions

 

Effective date 1 April 2016

 

The Terms and Conditions stated herein (collectively, the “T&Cs”) constitute a legal agreement between You and Prettyclose AB, a limited liability corporation registered in Sweden (“Prettyclose”, “We” or “Us”) that applies to your use of the Services.

 

Your agreement to comply with and be bound by these T&Cs is deemed to occur upon your accessing or using the Services in any manner. If You do not agree to be bound by the T&Cs, You should stop using the Services immediately.

 

We may modify or amend these T&Cs at any time, effective when published on or through the Services. Your continued use of the Services after any such modifications or amendments constitutes your agreement to continue to be bound by these T&Cs as modified or amended.

 

 

  • Definitions

 

“Account” means collectively the personal information, Payment Information and credentials submitted in registering to access and use the Services;
“Activities” means either individual or group social, sporting, adventure, leisure or travel activities You Request Us to organise, arrange, book or otherwise facilitate;
“Application” means the digital platform(s) through which You access and use the Services
“Concierge Subscription” means an optional lifestyle management feature of the Services;
“Content” means any, without limitation, text, graphics, images, audio, video, software, data compilations and any other form of information capable of being uploaded, stored and accessed via the Services;
“Event” means a one-off or occasional event such as, but not limited to, music concerts, sports or other competitive matches, festivals, openings, parties or shows;
“Invite Code” Means the alphanumeric code generated by Us and linked to your Account.
“Request” means a request made by You for Us to, without limitation, organise, arrange, book or otherwise facilitate the supply of goods and / or services;
“Reservation” means a booking for the supply of goods and / or services at a particular time and place, confirmed by the Supplier of the goods or service to Us and confirmed by Us to You;
“Services” means the services and functionalities We offer to You via the Application, online tools or other medium;
“Payment Information” means any financial details required to process a Request or Reservation made through the Services.  This includes, but is not limited to, credit and / or debit card numbers;
“Supplier” means a third party vendor responsible for supplying goods and / or services to You;

 

  • Eligibility

 

 

Our Services are not directed to children under the age of 18 years old. By accessing and using the Services You represent and warrant that You are at least 18 years old. If You reside in a jurisdiction that restricts use of the Services or the ability to enter into agreements because of age, You must abide by such age limits and not use the Services. You agree to immediately notify Us of any change in your eligibility to use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity or change the eligibility requirements for the Services at any time.

 

 

  • Registering an Account

 

 

When creating an Account, You agree to provide true, accurate, current, and complete data about yourself. You also agree to promptly update your Account information to keep it accurate, current, and complete if any of your information changes. You may only register one Account with Us. Failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in, without limitation, your inability to access and use the Services, the deactivation of your Account, and / or the termination of this agreement with You. You are solely responsible for all use of your Account, whether or not authorized by You. You may never use another person’s Account or Account information for or in connection with the Services without permission. You agree to immediately notify Us of any unauthorized use of your Account or any other breach of security related to your use of the Services.

 

In order to use the Services, You must provide information for at least one valid credit or debit card when You create your Account. We link your credit or debit card to your Account, but the details are stored by our third party payment processor. By providing your card details, You represent, warrant and covenant that You are legally authorized to perform payments from such debit and / or credit card accounts and such action does not violate the terms and conditions applicable to your use of such debit or credit card accounts or applicable law. To the extent permitted by applicable law and subject to our Privacy Policy, You acknowledge and agree that we may use certain third party vendors and service providers to process payments, manage and store your credit and/or debit card information, as well as to detect and prevent fraud.

 

 

  • Communications from Us

 

 

By providing Us with your email address(es) and mobile telephone number(s) when You create an Account, You are expressly authorising Us to send You emails and SMS’s relating to the Services. You may opt out of receiving communications from Us at any time by emailing Us at support@prettyclose.com but You opting out of receiving the communications from Us may materially impact on our ability to provide the Services to You.  

 

 

  • Confirmation of Reservations and Events

 

 

A Request through the Services is not a Reservation. Requests may be passed electronically directly to Suppliers or may be processed manually by Us. We will endeavour to act upon your request in the shortest time reasonably possible. A Request for a reservation for goods and / or services is not a Reservation until such time You have received a confirmation from Us through the Services. Once confirmed, You agree to honor the Reservation with the Supplier and that the transaction is ultimately between You and the Supplier.

 

In addition to the terms in this agreement, Event and Activity Reservations may be subject to different and / or additional terms and conditions, including without limitation, with respect to payment, refunds, transferability, cancellations, missed reservations, minimum age requirements and available dietary accommodations. Any different and / or additional terms and conditions applicable to Event and Activity Reservations will be set forth in the listing details for the Event or Activity in the Services, if applicable. Event and Activity Reservations are also subject to any and all terms imposed by the applicable venue operator and / or event promoter of the Event or Activity. Once an Event or Activity Reservation is confirmed, You agree to be bound by any and all terms and conditions applicable to such Event or Activity Reservation. The venue operator and / or event promoter may cancel any Event or Activity. Where Events and Activities are held at outdoor venues, You assume the risk of inclement weather and acknowledge that Events and Activities may be held regardless of weather conditions, as determined by the venue operator and / or event promoter

 

 

  • Amendments, Cancellations and No-shows

 

 

If You would like to amend a Reservation through the Services, We will endeavour to process such amendment subject to the agreement of the Supplier.

 

A pending Request that has not yet been confirmed may be cancelled at any time without penalty. Each Supplier will have a cancellation policy applicable to a Reservation made with the Supplier. Where possible, We include the Supplier’s cancellation policy, or a link thereto, on the confirmation of the Reservation. If You are unable to honour a Reservation, it is your responsibility to contact the Supplier directly in order to cancel the Reservation in accordance with the Supplier’s cancellation policy. Cancelling less than four (4) hours before the Reservation is considered a Late cancellation.

 

Failure to show up for your Reservation may result in You being charged a No-show fee at the discretion of the Supplier. The number of No-shows or Late cancellations are associated to your Account. In order to maintain a high level of service for all our users and Suppliers, Accounts with multiple No-shows or Late cancellations may be suspended. If You believe that a No-show or Late cancellation has been incorrectly associated with your Account, You may dispute it by contacting Us at support@prettyclose.com.

 

 

  • Concierge Subscriptions

 

 

You may elect to subscribe to one of two Concierge Subscriptions;

 

  • Premium, or
  • VIP

 

Descriptions and the subscription fees for the Premium and VIP Concierge Subscriptions are available on our website and are subject to change without notice. You may elect to switch between Premium and VIP subscriptions by emailing Us at subscriptions@prettyclose.com. We do not provide refunds for any partial-month subscriptions, instead a credit is provided against the new subscription fee, if applicable.

 

Concierge Subscriptions are automatically renewed on year each 12 month anniversary after the initial subscription date unless thirty calendar days prior notice is sent to Us at subscriptions@prettyclose.com.

 

Your use of a Concierge Subscription is subject to certain limitations. Although We shall endeavour to satisfy a Request made by You, We shall not be required to provide or facilitate the supply of goods and / or services that We deem at our sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction. Furthermore,  We shall use our best efforts to meet the requested dates and times specified in the Request but We are unable to guarantee the supply of good and / or services at the particular date and time specified in the Request.

 

The procurement or provision of certain goods and / or services, products or benefits may incur a Concierge fee or handling charge and in such event You hereby authorise Us to add this charge to the total cost of the Request.

 

 

 

  • Cash Points Programme & Promotions

 

 

We operate a loyalty programme whereby You may earn Cash Points each time a new user registers with Us with an Invite Code linked to your Account and that new user subscribes for one of our Concierge Subscriptions.

 

If the new user fails to enter your Invite Code at registration, they will have the opportunity to enter it when confirming a Concierge Subscription. It is up to You to ensure the new user correctly enters your Invite Code. We will ensure only recognised Invite Codes are accepted but once a new user is tagged with an Invite Code, it cannot be amended or removed.

 

To earn Cash Points, users linked to your Invite Code need to subscribe for one of our Concierge Subscriptions. The Cash Points will be credited to your Account only after successful processing of the payment for the Concierge Subscription. In the event the user elects to pay monthly for the Concierge Subscription, the Cash Points will be credited to your Account after We have received payment for three months of the Concierge Subscription.

 

If a user linked to your Invite Code subscribes for the Premium Concierge  Subscription, You will be credited with EUR 10.00 (or currency equivalent) Cash Points. If a user linked to your Invite Code subscribes for the VIP Concierge Subscription, You will be credited with EUR 50.00 (or currency equivalent) Cash Points. Currently We are only able to facilitate EUR and USD Cash Points.

 

Your Cash Points balance and all the users having successfully registered with your Invite Code will be viewable under the profile page in the Application. .

 

Cash Points may be used to pay, in part or in full for tickets, events and other purchases made through the Application by You. Cash Points may be used for hotel bookings but only where your Cash Points balance is equal or greater than the total cost of the hotel booking.

 

If You have a current VIP Concierge Subscription, we may offer you the facility to redeem Cash Points to a valid PayPal account registered in your name. Some currency restrictions may apply.

 

Your Invite Code is designed to be shared easily via social media, email and text message and We encourage our users to do so. However, should We suspect fraud or that an Invite Code is being shared by algorithmic, automated means or other ‘spam’ techniques, We reserve the right, and in our sole discretion, to suspend the use of your Invite Code or terminate your Account. All earned Cash Points will be forfeited.

 

We may from time to time offer promotions where additional Cash Points can be earned. These Cash Points promotions may be available in a limited quantity and we reserve the right to end the promotion at anytime without prior notification.

 

 

  • Payment

 

 

When You use the Services to submit a Request You are agreeing to pay for; the goods and / or services, any applicable taxes, surcharges, fees, subsequent adjustments for errors or omissions, gratuities and any applicable fees due to Us  if your Request is fulfilled and a confirmation is issued for the Reservation, Event or Activity and You authorize us, through our third party payment processors, to charge your default credit or debit card. You acknowledge that amounts are charged in full with no partial payments, split invoices, gift cards or coupons (except for those issued by Us) permitted. This Agreement does not alter your payment obligations for any outstanding amounts due to Suppliers that is not included in the amount charged by Us.

 

Except to the extent otherwise required by applicable law, We are not responsible or liable for;

 

  • any payments authorized through the Services using your credit or debit card information, or
  • for any errors made by our payment processor or by a Supplier related to the amount of your bill.

 

We reserve the right to correct any errors or mistakes made by a Supplier or our third party payment processor, even if payment has already been requested or charged to your credit or debit. The processing of payments will be subject to the terms, conditions and privacy policies of our third party payment processors, in addition to these T&Cs. The terms of your payment may be affected and determined by agreements between You and your financial institution, credit card issuer or other provider. If we, through our payment processors, do not receive payment from You, You agree to pay upon demand all amounts due to Us and any Supplier You visit through the Services.

 

  • Limitations

 

 

You acknowledge and agree that We provide payment facilities only as a convenience and are not a party to your payment transactions performed using the Services.

 

By using the Services, You acknowledge that You understand and agree that We do not employ, control, recommend, or endorse any Suppliers or make any representations about the quality or legality of the services provided by such Suppliers or your potential experiences with such Suppliers. Although We may choose to intervene or attempt to resolve a dispute, You agree that We have no obligation to do so and that all transactions are ultimately solely between You and the Suppliers.

 

We are not responsible, and have no liability for, the goods or services that are paid for through the Services. Your contract for the supply of goods or services is made with the relevant Supplier only. Unless expressly provided otherwise, all your rights and remedies are against the Supplier.

 

We shall have no liability to You for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by You which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival.

 

We shall not be liable to You by reason of any delay in performing, or any failure to perform, any of the Services, if the delay or failure was due to any cause beyond our reasonable control.

 

 

  • Granting of Licences

 

 

We may, in our sole discretion, allow You to add, submit, post, upload, publish, transmit, share and / or distribute your Content to or through the Services. By making available your Content on or through the Services, You hereby grant to Prettyclose (and its successors and assigns) a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, edit, truncate, aggregate, reproduce, modify, distribute, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, prepare derivative works of, and otherwise fully exploit such Content in connection with the Services, and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Services, a non-exclusive, perpetual license to access your Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform your Content as permitted through the functionality of the Services and under these T&C’s, including after your termination of your Account or the Services. We do not claim any ownership rights in any of your Content and nothing in these T&C’s will be deemed to restrict any rights that You may have to use and exploit any of your Content. You acknowledge and agree that You are solely responsible for all your  Content that You make available through the Services, whether publicly posted or privately transmitted, and You represent and warrant that;

 

  • You either are the sole and exclusive owner of all your Content that You make available through the Services or You have all rights, licenses, consents and releases that are necessary to grant to Prettyclose and to the rights in your Content, as contemplated under these T&C’s; and
  • neither your Content nor your posting, uploading, publication, submission or transmittal of your Content or our use of the your Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

The Services may Contain content specifically provided or otherwise made available on or through the Services by Us or third parties. You acknowledge that all or some of the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, and / or other proprietary rights and laws and You agree to abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Subject to your compliance with the terms and conditions of these T&C’s, We grant You a limited, non-exclusive, non-transferable license;

 

  • to view, download and print any Content solely for your personal and non-commercial purposes; and
  • to view any Content to which You are permitted access solely for your personal and non-commercial purposes, each as permitted by the features of the Service. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these T&C’s. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Prettyclose or its licensors, except for the licenses and rights expressly granted in these T&C’s. We cannot and do not review or verify every submission made through our Services. Reviews and ratings made by users, and other third-party provided information to the Services do not represent the opinions or endorsements of Prettyclose. We reserve the right to, but do not have any obligation to remove, edit, or modify any Content in our sole discretion, at any time, without notice to You and for any reason, including without limitation, upon receipt of claims or allegations from third parties or authorities relating to such Content, and to remove or block any Content from the Services.

 

Subject to the terms and conditions set forth in these T&C’s, We grant You a limited non-exclusive, non-transferable, revocable license to download, install and use a copy of the Application required to access the Services on a single mobile device or computer that You own or control and to run such copy of the Application solely for your own personal use of the Services. We reserve all rights in and to the Application not expressly granted to You under these T&Cs. To use the Application, You must have a mobile device or computer that is compatible with the Application. We do not warrant that the Application will be compatible with your mobile device or computer. You may use mobile data in connection with the Application and may incur additional charges from your wireless provider for these services. You agree that You are solely responsible for any such charges. You may not;

 

  • modify, disassemble, decompile or reverse engineer the Application;
  • rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party;
  • make any copies of the Application;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or
  • delete the copyright and other proprietary rights notices on the Application.

 

You acknowledge that We may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that You are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and We or our third-party partners or suppliers retain all right, title, and interest in the Application (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

 

 

  • Proper use of the Services

 

 

When using the functionality of the Services which allows for the posting of Content You must abide by the following rules;

 

  • You may not use obscene or vulgar language;
  • You may not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content which is abusive, threatening, hateful or otherwise discriminatory on the grounds of gender, race, nationality, religion, sexual orientation, disability or age;
  • You may not submit Content that is libellous or otherwise defamatory of any individual or organisation;
  • You may not submit Content that is sexually explicit, pornographic, violent or otherwise obscene;
  • You may not submit Content that is intended to promote or incite violence;
  • You may not post links to other websites containing any material which may be described as any of the above;
  • You may not engage in any form of commercial advertising.  This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
  • You may not impersonate or pass yourself off as other people, particularly employees and representatives of Prettyclose  or its affiliates;
  • You may not submit Content that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
  • You may not use the Services for unauthorised mass-communication such as spam or junk mail.

 

 

  • Modification of the Services

 

 

We reserve the right, in our sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Services.

 

 

  • Third Party Websites

 

 

The Services may contain links to other websites on the internet operated by third parties not affiliated with Prettyclose. We do not control such third parties or websites and are not responsible or liable for their content, services, functions, accuracy, legality, appropriateness or any other aspect of such websites. When You access such websites, You do so at your own risk. The inclusion of any such link does not imply our endorsement of the material on such websites or any association between Us and their operators. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

 

 

  • Intellectual Property

 

 

Prettyclose alone shall own all rights, title and interests, including all related intellectual property rights, in and to the Services or Application. These T&C’s do not convey to You any rights of ownership in or related to the Services, or any intellectual property rights owned by Us. The Prettyclose name, the logo, and the product names associated with the Application and Services are trademarks of Prettyclose and no right or license is granted to use them.

 

 

  • Termination

 

 

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If You wish to terminate your Account, You may do so by emailing Us at support@prettyclose.com. All provisions of these T&Cs shall survive termination, including, without limitation, licenses of Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

 

  • Disclaimer

 

 

We make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services or Application. We do not represent or warrant that (a) the use of the Services or Application will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) the Services or Application will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any goods, services, information or other material purchased or obtained by You through the Services or Application will meet your requirements or expectations, (e) errors or defects in the Services or Application will be corrected, or (f) the Services or the server(s) that make the Services available are free of viruses or other harmful components. The Services and Application is provided to You strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Us. We make no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of goods, services obtained by third parties through the use of the Services or Application. You acknowledge and agree that the entire risk arising out of your use of the Services and Application, and any third party goods or services remains solely with You, to the maximum extent permitted by the law.

 

 

  • Indemnification

 

 

To the fullest extent allowed by applicable law, You agree to indemnify and hold harmless, Prettyclose, its affiliates, and each of our and their representatives, agents, directors, managers, officers, employees, contractors, suppliers, partners, and shareholders, from and against all liabilities, claims, damages (actual and consequential), losses and expenses (including attorneys’ fees), that arise from or relate to your use, misuse of, or access to, the Services, Content, violation of these T&Cs, or infringement by You, or any third party using your Account or identity in connection with the Services, of any intellectual property or other right of any person or entity.

 

 

  • Limitation of Liability

 

 

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including without limitation, tort, contract, strict liability, or otherwise) shall Prettyclose or its directors, employees, agents, partners, suppliers or content suppliers be liable to You or any other person with respect to Services (a) for any lost profits, loss of goodwill, data loss, cost of procurement of substitute goods or services, or indirect, special, incidental, punitive, compensatory, or consequential damages of any kind (b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination, or (c) related to your use of goods and / or services from our Suppliers or the performance, non-performance, conduct, policies, compliance, non-compliance, acts or omissions of any Supplier in connection with the Services.

 

 

  • General

 

 

You may not assign, delegate or transfer your rights or obligations hereunder without written consent from Us. We may transfer, assign, or delegate this agreement and any of our rights and obligations without consent.

 

If any term or provision of these T&Cs is held to be unenforceable or invalid, that provision shall be struck or limited, to the minimum extent necessary, and the remaining terms and provisions shall remain in full force and effect and be enforceable to the fullest extent allowed by law.

 

No agency, partnership, joint venture, or employment is created as a result of these T&Cs and You do not have any authority of any kind to bind Prettyclose in any respect whatsoever.

 

We may give You notice by means of a general notice on or through the Services, electronic mail to your email address on record for your Account, or by written communication sent by first class mail or pre-paid post to your address on record for your Account.  You may give notice to Us at any time by email legal@prettyclose.com or  by sending a letter, delivered by nationally recognized overnight delivery service or first class postage prepaid mail, to Us at the following address: Prettyclose AB, Attn: Legal, Brahegatan 9, 114 37 Stockholm, Sweden.

 

These T&Cs and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with Swedish law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Sweden.