YourWelcome App – App Terms of Use Policy

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE AND OUR APPS

Terms of website and app use

These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our apps (our app) as a registered user. Use of our apps includes accessing, browsing, downloading or registering to use our apps.

Ours apps are preloaded on our tablets (our tablets) at a host property (host property), together: our services.

Please read these terms of use carefully before you start to use our apps, as these will apply to your use of our apps, our tablets and our services. We recommend that you print a copy of this for future reference.

By clicking “Accept” you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, please do not use the tablet or App.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our apps:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our apps, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our apps. When using our apps, you must comply with this Acceptable Use Policy.

Information about us

We are Your Welcome Limited. Our trading address is 8-12 New Bridge Street, London, EC4V 6AL, UK

You can contact us by email at hello@yourwelcome.com or by calling us on 020 3405 9813, If you need to you can write to us at YourWelcome, 8-12 New Bridge Street, London, EC4V 6AL, UK

Changes to our apps

We may update our apps from time to time, and may change the content at any time. However, please note that any of the content on our apps may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our apps, or any content on them, will be free from errors or omissions.

Accessing our apps

A Wi-Fi connection is provided by the host at the host property and is not the responsibility of YourWelcome.  We have no liability to ensure the Wi-Fi connection is secure, working or stable

We do not guarantee that our apps, or any content on them, will always be available or be uninterrupted. Access to our apps is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our apps without notice. We will not be liable to you if for any reason or apps are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to and apps.

You are also responsible for ensuring that all persons who access and apps through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@yourwelcome.com.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our apps and our services, and in the material published on or in them.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our apps for your personal use and you may draw the attention of others within your organisation to content posted on or in our apps.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on or in our apps must always be acknowledged.

You must not use any part of the content on or in our apps for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of or apps in breach of these terms of use, your right to use our apps will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our apps is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our apps.

Although we make reasonable efforts to update the information on our apps, we make no representations, warranties or guarantees, whether express or implied, that the content on our apps is accurate, complete or up-to-date.

Liability

We shall investigate any suspected breach of the agreement by you, and reserve the right to take such action as we, in our sole discretion deem appropriate, including suspension or withdrawal of our services with immediate effect and without notice to you.

We are not obliged to issue a refund if you breach any of these terms of use.

If any part of our services are not available to you through no fault on our part or where the failure, suspension or withdrawal of our services is beyond our reasonable control, we shall not be obliged to pay any compensation to you. If our services are not available to you due to any failure on our part, we may, at our sole discretion, reimburse you in respect of an appropriate proportion of the fees you have paid which relate to that period of unavailability of our service.

You will indemnify us against all and any losses or claims arising from any breach of the agreement by you, and against any claims or legal proceedings arising from your use of our services which are brought or threatened against us by another person

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our apps; or
  • use of or reliance on any content displayed on or in our apps.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide apps for domestic and private use. You agree not to use our apps for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our apps or to your downloading of any content on them, or on any website linked to them.

We assume no responsibility for the content of websites or apps linked on our our apps. Such links should not be interpreted as endorsement by us of those linked websites or apps. We will not be liable for any loss or damage that may arise from your use of them.

Uploading content to our apps

Whenever you make use of a feature that allows you to upload content to our apps, or to make contact with other users of our apps, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our apps will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our apps constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our apps.

We have the right to remove any posting you make on our apps if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our apps do not represent our views or values.

Viruses

We do not guarantee that our apps will be secure or free from bugs or viruses.

You must not misuse our apps by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our apps, the server on which is stored or any server, computer or database connected to our apps. You must not attack our apps via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our apps will cease immediately.

On-Demand Services

We have entered into affiliate agreements with third party providers for fulfilling all services purchased through our tablets. By accessing these services and/or purchasing goods you are entering into a direct agreement between yourself and the third party provider. All payments and obligations are taken by the third party provider. We provide no warranty to the quality of the service provided by our third party provider. Any complaints about the service from third party providers should be settled directly with them.

Third party links and resources in our apps

Where our apps contain links to other sites, apps and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites, apps or resources.

Assignment

We reserve the right to assign or subcontract any of our rights or obligations under this agreement without notice to you.

Severability

If any provision of this agreement is found to be unenforceable by a court of competent jurisdiction, the other provisions will nonetheless remain in full effect.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact us

To contact us, please email hello@yourwelcome.com

YourWelcome – Acceptable Use Policy

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.yourwelcome.com (our site) or any of our apps (our apps). This acceptable use policy applies to all users of, and visitors to, our site or apps.

Your use of our site or apps means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website and app use.

www.yourwelcome.com is a site operated by YourWelcome Ltd (we or us).  We are registered in England and Wales under company number 09718587 and our trading address is 8-12 New Bridge Street, London, EC4V 6AL, UK

Prohibited uses

You may use our site and apps only for lawful purposes.  Our apps are preloaded onto our tablets (our tablets) for use at the host property (host property) only. You may not use our site or apps:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site or apps in contravention of the provisions of our terms of website and app use.
  • Not access or attempt to access our apps from from more than one of our tablets.
  • Not to damage remove our tablets from the host property.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site or apps (including, without limitation, any other user’s account);
  • any equipment or network on which our site is stored;
  • any of the of our tablets;
  • any software used in the provision of our site or apps; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site or apps, including, without limitation:

  • Chat rooms;
  • Bulletin boards;
  • User reviews. (to the extent relevant) (interactive services, each an interactive service).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site or apps, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site or apps, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site or apps (contributions), and to any interactive services associated with them.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site or apps.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site and apps, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site and apps.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

YourWelcome– Privacy Policy

Changes to data protection law

The law in relation to data protection is changing on the 25 May 2018 when the General Data Protection Regulation comes into force in Europe, covering all EU citizens.

This privacy policy tells you about most of your rights under the new law.

There may also be further changes, which we will be required to make to this privacy policy after the 25 May – we will notify you every time we make a change to this policy. We may need to ask you to agree to the changes, or refresh your consent to us using your personal information.

1. Who we are and how you can contact us

We are Your Welcome Limited. Our trading address is 8-12 New Bridge Street, London, EC4V 6AL, UK

You can contact us by email at hello@yourwelcome.com or by calling us on 020 3405 9813, If you need to you can write to us at YourWelcome, 8-12 New Bridge Street, London, EC4V 6AL, UK

Our representative for all queries in relation to this policy and your data protection rights is Paul Loram.

When we refer to our website, we mean our website at www.yourwelcome.com

 

2. Where we collect your personal information:

We may collect personal information about you in the following ways:

 

Data you give to us:

  • Data you give to us when you register to use our services
  • When you talk to us on the phone
  • When you use our website, app or web chat
  • In emails or letters to us
  • If you take part in our competitions or promotions
  • When you give us feedback

Data we collect when you use our services:

  • Your contact details, including email, address, identification
  • App usage
  • Browsing history and transactional data
  • Survey Reponses

Data from third parties we work with:

  • Payment and transaction data

3. Data we collect about you

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity data – name, username, title, date of birth.

Contact data – billing address, pick up or home address (postcodes), email addresses or telephone numbers.

Transaction data – details about payments to and from you and other details of services you have purchased from us.

Technical data – internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.

Profile data – your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage data – information about how you use our website, products and services.

Marketing and communications data – your preferences in receiving marketing from us and our third parties and your communication preferences. This includes your registered interest in specific events.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We do not collect any special categories of personal data about you. This includes details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

 

4. How we use your personal information

Your privacy is protected by law.

We are only allowed to use personal information about you if we have a legal basis to do so, and we are required to tell you what that legal basis is. We have set out in the table below: the personal information which we collect from you, how we use it, and the legal ground on which we rely when we use the personal information.

In some circumstances we can use your personal information if it is in our legitimate interest to do so, provided that we have told you what that legitimate interest is. A legitimate interest is when we have a business or commercial reason to use your information which, when balanced against your rights, is justifiable. If we are relying on our legitimate interests, we have set that out in the table below.

 

What we use your personal information for

What personal information we collect

Our legal grounds for processing

To register you as a new customer

Identity

Performance of a contract with you

Contact

To process and deliver your order

Identity

Performance of a contract with you

Contact

 

Transaction

 

To manage payments or collect and recover money owed to us

Identity

Performance of a contract with you

Contact

To recover any debts owed to us

Transaction

 

To manage our relationship with you, including notifying you about changes to our terms or privacy notices

Identity

Performance of a contract with you

Contact

Necessary to comply with a legal obligation

Transaction

To keep our records up to date

To enable you to partake in a prize draw, competition or to complete a survey

Identity

Performance of a contract with you

Contact

To study how customers use our services

Transaction

 

To administer and protect our business and our website

Transaction

General running our company business, provision of administration and IT services, network security

Technical Usage

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

Identity

To study how customers use our services, to develop them, to grow our business and to inform our marketing strategy

Contact

Marketing and communications

Usage

Profile

To use data analytics to improve our website, products / services, marketing, customer relationships and experiences

Technical

To define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy

Usage

Profile

To make suggestions and recommendations to you about goods or services that may be of interest to you

Identity

To develop our services and grow our business

Contact

Marketing and communications

Technical

Profile Usage

 

5. Who we share your personal information with

We may share your personal information with any of the following organisations, for the purposes of providing the services, which you have requested, from us:

  • Owner / Operators of the accommodation you are staying in while using our services
  • Stripe (Payment Provider)
  • Slack (Communication Tool)
  • Online Travel Agents (eg HomeAway)

You can find details of how these third parties use your personal information by looking at their privacy policies, all of which should be available on the relevant websites, or on request.

We require all organisations who we share your data with to respect the security of your personal data and to treat it in accordance with the law. We do not allow any of our service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

6. Failing to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

 

7. Third party links

Our app may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our app, we encourage you to read the privacy notice or policy of every website you visit.

 

8. Transferring your personal information outside the EEA

The EEA is the European Economic Area, which consists of the EU Members States, Iceland, Liechtenstein and Norway. If we transfer your personal information outside the EEA we have to tell you.

Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We may transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Please Contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

9. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator (including the ICO) of a breach where we are legally required to do so.

 

10. How long do we keep your personal information

We will keep your personal information indefinitely for the following reasons:

  • To respond to any questions or complaints from you
  • To maintain our records
  • To comply with laws applicable to us

 

11. Marketing

We may use your personal information to tell you about relevant services and any upcoming offers.

We can only use your personal information to send you marketing messages if we have either your consent or a legitimate interest to do so.

You can ask us to stop sending you marketing messages at any time – you just need to contact us, or use the opt-out/unsubscribe links on any marketing message sent to you.

We will get your express opt-in consent before we share your personal data with any company other than us for marketing purposes. You can ask a third party company to stop sending you marketing messages at any time, by adjusting your marketing preferences in relation to that company or by using the opt-out links on any marketing message sent to you.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of purchasing our services or any other transaction between you and us.

 

12. Your rights

You have certain rights which are set out in the law relating to your personal information. The most important rights are set out below.

Getting a copy of the information we hold

You can ask us for a copy of the personal information which we hold about you, by emailing us at hello@yourwelcome.com. This is known as a data subject access request.

You will not have to pay a fee to access your personal data, unless we believe that your request is clearly unfounded, repetitive or excessive. In such circumstances we can charge a reasonable fee or refuse to comply with your request.

We will try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month and in that case we will notify you and keep you updated.

Telling us if information we hold is incorrect

You have the right to question any information we hold about you that you think is wrong or incomplete. Please contact us by email on hello@yourwelcome.com if you want to do this and we will take reasonable steps to check its accuracy and, if necessary, correct it.

Telling us if you want us to stop using your personal information

You have the right to:

  • object to our use of your personal information (known as the right to object); or
  • ask us to delete the personal information (known as the right to erasure); or
  • request the restriction of processing; or
  • ask us to stop using it of there is no need for us to use it (known as the right to be forgotten).

There may be legal reasons why we need to keep or use your data, which we will tell you if you exercise one of the above rights.

Withdrawing consent

You can withdraw your consent to us using your personal information at any time. Please contact us by email on hello@yourwelcome.com with the subject line ‘Data Consent Withdrawal’ if you want to withdraw your consent. Please note – you must state your full name and email address in the body of the email. If you withdraw your consent, we may not be able to provide you with certain products or services.

Request a transfer of data

You may ask us to transfer your personal information to a third party. This right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Making a complaint

Please let us know if you are unhappy with how we have used your personal information by contacting us by email on hello@yourwelcome.com

You also have a right to complain to the Information Commissioner’s Office. You can find their contact details at www.ico.org.uk. We would be grateful for the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.