A PLACE LESS ORDINARY
TERMS AND CONDITIONS
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP.
1.1This is a legal agreement between you (End user or you) and A PLACE LESS ORDINARY LTD(registered in England and Wales under company number 9695113whose registered office is at Unit 8, Huntingdon Estate, Ebor St, London, E1 6AW (Licensor, our, us or we). Our trading address is Unit 8, Huntingdon Estate, Ebor St, E1 6AW. Contact us at [email protected] This agreement applies to:
- (a)References to the APLO platform include all changes, enhancements, developments, modifications, error corrections, additions, translations, upgrades and/or updates in respect thereof from time to time issued by us to you
- (b)Services: all services we from time to time make accessible to you through the platform assuming you access as a member
- (c)Your account: the operation of any account we may open your name in relation to the platform; AND
- (d)Documents: online or other electronic documents issued by us in relation to the platform and/or the Account
1.2APLO do not sell the platform or service to you. We remain the owners at all times.
- (b)If you do not agree to the terms, you must stop accessing, downloading or streaming them and you will not be entitled to use or access the same.
- (c)As a consumer, you have the right to withdraw from your transaction without charge and without any reason before using the platform.
You should print a copy of this agreement for future reference.
1.4If any open-source software is included in the platform, the terms of an open-source licence may override some of the terms of this agreement.
1.5 We may change the terms for a number of reasons, for example to reflect current business practice, to deal with different services and products supplied via APLO, to take account of Updates and/or to comply with applicable law. We can also change the terms for any reason. All changes will be notified to you via email, SMS, via the Website or when you next use the platform. You will not be obliged to accept any changes, but if you do not accept any changes then you will not be able to continue to use the platform. The up to date version of the agreement will be available via the App and/or the Website.
1.6From time to time Updates may be implemented
1.7If you need to download third party software in order to install or use the platform, you do so at your own risk and cost and subject to any terms and conditions that relate to such third party software. We do not accept responsibility for third party software.
2.1You confirm that: –
- (a)all information supplied to us when registering with us and/or in connection with your Account is accurate and complete in all respects. You also confirm that any credit or debit card to be used by you, at any stage, is registered in your name;
- (b)we are entitled to verify any postal address provided, for example by sending you a verification letter through the post;
- (c)we can conduct such identification, credit and other verification checks (including in relation to money laundering) as we from time to time think appropriate (including as required by law); you agree to provide us with whatever information we reasonably require in relation to those checks;
- (d)we can supply your details to authorised credit reference agencies to confirm your identity, payment card details and to undertake checks as referred to in clause 2.1(c). You agree that we can process information received from them in connection with your Account and/or use of the Services;
- (e) you are responsible for ensuring that using the platform and/or the Services is not illegal in your jurisdiction;
- (f)using the platform and/or the Services is not illegal in your jurisdiction. If it is, you must not use the platform and you must not use the Services. This applies even if the platform and/or the Services are available or accessible in any such jurisdiction and it also applies while you are located in any jurisdiction in which such use is illegal (even if you are not permanently located there).
2.2We reserve the right to suspend and/or close your Account and/or use of the Services if at any time we are not satisfied with all or any of the above.
3.1You must keep any username and password secret and confidential as you will be responsible for activities undertaken on your Account. Note that, for example, if someone uses your username and password on your Account, then you will be responsible even if you did not authorise that use. If you think someone knows and/or is using your username and/or password, then you should change it immediately via the App or the Website; if you forget your username and/or password, then you should contact us via the App or the Website.
4.1You need to ensure that the mobile telephone or handheld device (Device) which you use to access the platformand/or use the Services has sufficient functionality to enable proper operation of the App and the Services. The functionality of your Device and internet connection will affect the performance and usability of the App and the Services. Wemake the assumption that you have the permission of the owner of any Device that you use in connection with the App and/or the Services. You and they may be charged by your and their service providers for internet access on the Device and you accept responsibility for those changes.
5.Grant and Scope of Licence
5.1In consideration of you agreeing to abide by the terms of this Agreement, we grant you a revocable, personal, non-transferable, non-exclusive agreement to use the platformon the Device and to use the Services via the Device for personal and domestic purposes only (the Permitted Purpose).
- (a)view, use and display the platformfor your personal and domestic purposes only;
- (b)use the platform, the Services and the Documents for your personal and domestic purposes only and not for any business, commercial or resale purposes;
- (c)not use the platform, the Services and/or the Documents for any purpose other than the Permitted Purpose.
5.3We reserve all rights other than those expressly granted to you by this Agreement. In particular, you agree:
- (a)not to copy the platform(in whole or in part)
- (b)not to assign, rent, transfer, lease, sub-license, loan, translate, merge, adapt, convert, change, vary or modify the platform(in whole or in part);
- (c)not to make alterations to, or modifications of, the whole or any part of the platform, or permit the platformor any part of it to be combined with, or become incorporated in, any other programs;
- (d)not to use and/or download the platformin any jurisdiction if such use and/or downloading would be illegal in that jurisdiction. This applies even if the platform is available or accessible in any such jurisdiction and it also applies while you are located in any jurisdiction in which such use is illegal (even if you are only there temporarily, eg on holiday or business);
- (e)not to disassemble, decode, decompile, reverse-engineer or create derivative works based on the whole or any part of the platformor attempt to do any such thing except to the extent that (by virtue of section 296A (1) CDPA) such actions cannot be prohibited and you comply with the conditions in s50B CDPA and provided that the information obtained by you during such activities:
- (i)is used only for the purpose of achieving inter-operability of the platform(in accordance with the Permitted Purpose) with another software program;
- (ii)is not unnecessarily disclosed or communicated to any third party without our express prior written consent; and
- (iii)is not used to create any software that is substantially similar to the platform;
- (f)not to enter, access or bypass our security systems (or attempt to do so) by any means whatsoever (including robots);
- (g)not to reproduce, store, modify, republish, upload, post, transmit or distribute in any manner and by any means all or any part of the platform, save that you can print one copy of the platformfor your own personal domestic purposes;
- (h)to include our copyright notice on all entire and partial copies you make of the platformon any medium in accordance with the terms of this Agreement and not to remove any copyright or similar notices on the platform;
- (i)not to operate the platformfor the benefit of or on behalf of any 3rd party, including by way of bulletin board, network, online service or remote dial in, application service provider services, Internet service provider services, time-sharing arrangements, outsourcing services or bureau services;
- (j)not to provide or otherwise make available the platformin whole or in part (including object and/or source code), in any form to any person;
- (k)to comply with all technology control or export laws and regulations that apply to the technology used or supported by the platformor any Services; and
- (l)not establish any link to our platformfrom nor frame our platformon any other mobile application software or website;
together Licence Restrictions.
5.4We will use reasonable endeavours to ensure that the platformcan be accessed and used in accordance with this Agreement. However, we do not represent or warrant that the platformand the Services;
- (a)will always be accessible and usable;
- (b)will not infringe the rights of third parties;
- (c)will not adversely affect any other software or equipment (including any Device) used by you;
- (d)will be free from all known viruses (as defined in clause 7.1(c));
- (e)will meet your requirements;
- (f)or their use will be uninterrupted or error free nor that any defects in the platformcan be corrected.
5.5We may suspend use of the platformand the Services to carry out Updates, maintenance or the like and/or for any other good reason. We will endeavour to give you notice, but this may not always be practicable, for example in the case of an emergency.
5.6It is your responsibility to;
- (a)install and keep up to date virus-checking software for your Device and any other hardware and software systems;
- (b)ensure that your information technology is compatible with ours;
- (c)ensure that any Device or other hardware, software or communication link you may use is sufficient and appropriate.
5.7We reserve the right to implement Updates in respect of the platformbut are not obliged to do so
6.Third Party Sites
6.1The platformand/or any Services may contain links to other independent third-party websites (Third-party Sites).
6.2Third-party Sites are not under our control, and we are not responsible for and do not endorse their content, products, services or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. In particular, we are not responsible for and do not give any guarantee, representation or warranty in connection with any products or services supplied via a Third-party Site, including as to quality or delivery. You will be responsible for all amounts payable in connection with any goods or services via Third-party Sites.
6.3Third-party Sites may have their own terms and conditions, privacy policies, cookie policies and the like; you will have to accept these if you use Third-party Sites and we are not responsible for them.
7.Acceptable Use Restrictions
7.1You must not:
- (a)use the platformand/or the Services other than for the Permitted Purpose and in accordance with the Licence Restrictions;
- (b)act fraudulently or maliciously, hack into or insert malicious or technologically harmful code, including bugs, viruses, Trojans, worms, logic bombs or other harmful data or material (collectively viruses), into the platform, any Services or any operating system. You must not attempt to gain unauthorised access to the platform, the server on which the platformis stored or any server, computer or database connected to the platform. You must not attack the platformvia a denial-of-service attack or a distributed denial of service attack. We are not liable if despite our reasonable endeavours to prevent the same any of the foregoing are introduced by you or someone else into the platform and/or infect your Device or other computer equipment;
- (c)use the platformand/or any Services other than by your own direct personal use. In particular you must not use any artificial intelligence in connection with the platformand/or any Services, such as (without limitation) robots and/or any other computer generated program used to interact with the App and/or any Services instead of you (Assistance Programs). We may take steps to detect and prevent use of such Assistance Programs by you. This might include examination of any software programs used by you on the Device and you must not attempt to bypass, interfere with or block any such steps;
- (d)infringe our intellectual property rights or those of any third party in relation to your use of the platform, the Documents and/or any Services;
- (e)use the platform, the Documents and/or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- (f)collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services;
- (g)delete, remove, obscure or tamper with copyright or other proprietary notices we have included on the platform, the Services and/or the Documents;
together Acceptable Use Restrictions.
7.2Whenever you make use of a feature that allows you to post on or upload content (including photos, pictures, links and any other materials) via the platform, or to make contact with other users of the platformor send messages via the platform, you must comply with this Agreement in particular clause 7.1 and the Acceptable Use Policy. You will be responsible for and must indemnify us against any loss or damage we suffer as a result of your breach of this obligation.
7.3Any content you post on or upload to the platform(including photos, pictures, links and or any other materials) or message you send via the platformwill be considered non-confidential and non-proprietary. You retain ownership of your rights in your content, but we have the right to (and you grant us a licence to) use, store, copy, distribute and disclose to third parties any content or messages for any purpose. We have the right to remove any of the same that do not comply with this Agreement.
7.4We also have the right to disclose your identity to any third party who is claiming that your content or messages constitute a violation of their intellectual property rights or of their right to privacy or are otherwise in breach of this Agreement. We have the right to remove any of your content or messages from the platform.
7.5We will not be responsible, or liable to any third party, for the content or accuracy of any of your content or messages or those of any other user of the platform.
7.6The views expressed by other users on the platformdo not represent our views or values.
8.Intellectual Property Rights
8.1You acknowledge that all intellectual property rights in the platform, the Documents and the Services anywhere in the world belong to us or our licensors, that rights in the platformand the Documents are licensed (not sold) to you, and that you have no rights in, or to, the platform, the Documents or the Services other than the right to use each of them in accordance with the terms of this Agreement. In this clause intellectual property rights includes all patents, copyrights and related rights (including in design, text, graphics, images and photographs), rights to inventions, rights in trade dress or get-up, goodwill, rights to sue for passing off, unfair competition rights, design rights, trade marks, service marks, trade secrets, know-how, domain names, database rights, rights in computer software, topography rights, rights in confidential information (including know how and trade secrets) and all other rights in the nature of intellectual property rights (whether registered or unregistered and whether or not capable of registration) and all applications for the same anywhere in the world and all similar and equivalent forms of protection in any part of the world, howsoever and whenever arising.
8.2You acknowledge that:-
- (a)you have no right to have access to the platformin source-code form and that you have no rights in the source code;
- (b)the name APLO, A PLACE LESS ORDINARY and all other names, trade marks and logos on or used by us in connection with the App are the property of us or our licensors.
8.3The App includes non-public and confidential information, which is secret and valuable to us. To the extent that you become aware of any of the same, you must keep it confidential, not disclose it to anyone and only use it for the Permitted Purpose.
9.2You agree that internet transmissions are never completely private or secure. You understand that any message you send or receive using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted or confidential.
9.3By using the platformor any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and Services and to provide any Services to you.
9.4The Services may from time to time make use of location data sent from the Devices. If this function is present, you can turn off this functionality at any time by turning off the location services settings for the platformon the Device. Subject to that, you consent to us and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Device.
10.Limitation and Exclusion of Liability
10.1You acknowledge and agree that;
- (a)that the platformand Services have not been developed to meet your individual requirements and that it is your responsibility to ensure that the facilities and functions of the platformand Services meet your requirements;
- (b)that the platformand the Documents are supplied for personal and domestic use only. You agree not to use the platformor the Documents for any commercial, business or resale purposes. We have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity;
- (c)the content on the platformis provided for general information only. It is not intended to amount to advice on which you should rely;
- (d)although we make reasonable efforts to update the information on the platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the platformis accurate, complete or up-to-date.
10.2We confirm that we have the right to permit you to use the platform, the Documents and the Services in accordance with this Agreement.
10.3We will use reasonable efforts to try to prevent viruses being introduced into the platformand/or transmitted from the platforminto your Device. However, you must use your own virus protection software. We cannot guarantee that we can stop all viruses. We are not liable if despite our reasonable endeavours to prevent the same any viruses are introduced by you or someone else into the platformand/or infect your Device or other computer equipment
10.4We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this Agreemement or our negligence up to the limit specified in clause 10.5. This is subject to clause 12. In addition, we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Agreement.
10.5Our maximum aggregate liability under or in connection with this Agreement (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £50. This is subject to clause 12 and does not apply to the types of loss set out in clause 10.6
10.6We do not limit or exclude our liability for:
- (a)death or personal injury resulting from our negligence;
- (b)fraud or fraudulent misrepresentation;
- (c)a legal remedy given by the law to you which the law prevents us from excluding. This could be, for example, rights of satisfactory quality, fitness for purpose, correspondence with description and our right to licence the App to you on the terms of this platformLicence. For information about these rights contact your local Trading Standards Office or (Citizen Advice Bureau).
10.7Apart from the matters in relation to which we do not limit or exclude liability (see clause 10.6), and to the extent permitted by applicable law, we exclude all other warranties, guarantees, undertakings and representations (save those set out in this App Licence) express and implied by statute or common law with respect to the platform, the Documents and the Services, including as to uninterrupted provision or non-infringement, or that the platformand/or the Services will be timely, secure or error free, free from viruses, or the like or that the App and/or the Services will meet your requirements;
10.8Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11.1You can terminate this Agreement by deleting the App from your Devices or not using the platform
11.2We may terminate this Agreement immediately by notice to you;
- (a)if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within 7 days after the service of notice on you requiring you to do so;
- (b)if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
- (c)by giving you 30 daysnotice of termination.
11.3On termination for any reason (subject to clause 11.4):
- (a)all rights granted to you under this App Licence shall cease;
- (b)you must immediately cease all activities authorised by this Agreement, including your use of the platform, the Documents and all Services and we will cease your access to the same;
- (c) you must not access theplatformfrom all Devices, and immediately destroy all copies of the Agreement and Documents then in your possession, custody or control and (if asked by us to do so) certify to us that you have done so;
- (d)we may remotely access the Devices and remove the platformfrom them.
11.4Any provision of this Agreement which expressly or by implication is intended to survive termination shall survive termination including clauses 8, 10 and 12 to 14 (inclusive).
12.Events Outside Our Control
12.1An Event Outside Our Control means any act, event or circumstance beyond our reasonable control including: failure or deficiency of public or private telecommunications networks or utility services, software, hardware or IT failure or error, failure by reason of malicious code, viruses, Trojans, bugs, viruses, worms, logic bombs or other harmful data or material or the like, failure or interruption of power, failure or delay of internet service providers, communication, transmission or information system (including the Internet, local area network or virtual private network), accident, breakdown, fire, lightning, explosion, flood, storm, severe weather, industrial disputes or lockouts, terrorist activity, civil war, terrorist attack, riot, civil commotion, malicious damage, war, default of suppliers or subcontractors, act of God or compliance with the law.
12.2We shall not be responsible for any delay in performance and/or failure to perform to the extent caused or contributed to by an Event Outside Our Control.
12.3If an Event Outside Our Control takes place that affects the performance of our obligations under this App Licence:
- (a)our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control;
- (b)we will use our reasonable endeavours to find a solution by which our obligations under this App Licence may be performed despite the Event Outside Our Control;
- (c)either of us can terminate this Agreement by not less than 7 days notice to the other.
13.Communication Between Us
13.1We can both communicate and send notices to each other in relation to this Agreement by any of the following methods (and you expressly consent to the following);
- (a)via the platform;
- (b)by email. Our email address is [email protected] (unless we notify you of a different email address for the purposes of this clause). When sending an email to you we will use the email address you used to open your Account or any other email address you notify to us by way of replacement of that email address.
13.2We can also communicate and send notices to you via any SMS number you have registered with us and you expressly consent to that.
14.1All material published on APLO is the intellectual property of either A PLACE LESS ORDINARY Ltd, our content providers, our authors,or 3rd party sources, and is protected by international copyright law. We are generally happy for individuals and websites to repost material from our platformas long as:
- (a)APLO is cited as the source with a prominent credit and link to the relevant content on our APLO platform site, eg "(via APLO)" or "Seen on APLO" or an in-text link etc
- (b)All copyright notices are respected, with credits and links to authors and photographers included next to the relevant text, images etc, and the permission of the copyright holder sought in advance where relevant and or appropriate
- (c)Reposted content is limited to elements of individual stories and image sets rather than wholesale copying of entire stories or multiple stories;
- (d)Our reposted content is freely accessible to all app visitors, without pay or registration barriers, and is not used for commercial purposes;
- (e)You take reasonable steps to ensure third-party platforms or sites do not repost our content from your platform or site, eg by clearly publishing your own copyright notice.
- (f)video may be freely embedded from our YouTube or Vimeoaccounts providing usage complies with the terms set out above.
If in doubt, please contact us at [email protected]
15.Commercial & Booking and Communications Notice
15.1We do not sell any of the places or experiences that we publish on our platforms, we operate as a curated aggregator platform for users to discover products that are owned and are booked with 3rd party suppliers. APLO does not provide, own or control any of the services and products that you can access through our platforms. These ‘products’ are owned, controlled or made available by third parties either directly, or as an agent (e.g. online travel agency). The providers are responsible for the products. These providers’ terms and privacy policies apply to your booking so you must agree to, and understand those terms. Further, the terms of the actual provider apply to your travel or booking, so you must also agree to and understand those terms. Your interaction with any provider accessed through the APLO platformis at your own risk and APLOtakes no responsibility should anything go wrong with your booking.
15.2The display on our app of products and providers does not imply, suggest, or constitute a recommendation by APLO
15.3APLO hosts content, including general price categories, made available by or obtained from providersthat we may summarise in simple category form. APLO is not responsible for the accuracy, timeliness or completeness of such content.
15.4Bookings made through the APLO app is made with the provider that the booking link clicks through to, APLO only acts as a user interface.
15.5You may only use and register to become a user of APLO if you are of sufficient legal age and can enter into binding contracts with 3rd party suppliers. If you become a registered user or make a booking, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for your use of app, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your information.
15.6If you decide to receive messages or other communications from APLO directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from our app on any device, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorised access to your information or account.
15.7You may only use our app to search for legitimate products and offers and you may not use APLO to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using APLO you agree to comply with laws that apply to the UK and any other own country, including laws that apply to exporting technical data.