Terms & Conditions

1.                Introduction

1.1.             These terms and conditions of use (together with the documents referred to in them) (the “User Agreement”) set out the terms of use on which you may make use of our website http://www.myplusone.net  (“MyPlusOne” or the “site”), whether as a guest or as a registered user, including but not limited to as:

(a)         a local user offering to provide companionship and / or guidance in your home location (a “Local”);

(b)        an accommodation partner listing links to your hotel, apartment, bed and breakfast or other venue and / or offering related services through the site (an “Accommodation Partner”); or

(c)         a visitor seeking out companionship and / or guidance in any location (a “Visitor”),

(collectively, “Users”).

Use of the site includes accessing, browsing, or registering to use our site.

1.2.             Please read this User Agreement carefully before you start to use MyPlusOne, as it will apply to your use of MyPlusOne.  We recommend that you print a copy of this User Agreement for future reference.

1.3.             By using MyPlusOne, you confirm that you accept the terms of this User Agreement and that you agree to comply with it.

1.4.             If you do not agree to the terms of this User Agreement, you must not use MyPlusOne.

2.       Using MyPlusOne

2.1.             As a condition of your use of MyPlusOne you agree that you will not:

(a)     violate any laws or regulations;

(b)     distribute or communicate any threatening, abusive, defamatory, obscene or indecent material;

(c)     be false or misleading;

(d)     infringe any third-party right;

(e)     distribute or communicate spam, chain letters, or pyramid schemes;

(f)      distribute viruses or any other technologies that may harm MyPlusOne or the interests or property of MyPlusOne Users;

(g)     impose an unreasonable or disproportionately large load on our infrastructure or interfere with the proper working of MyPlusOne;

(h)     copy, modify, or distribute any other person’s content without their consent;

(i)      use any robot, spider, scraper or other automated means to access our services for any purpose.  You will not bypass our robot exclusion headers or interfere with the working of our services; or

(j)      bypass measures used to prevent or restrict access to MyPlusOne.

2.2.             You are solely responsible for all information that you submit to MyPlusOne and any consequences that may result from any such submission.  We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the terms of this User Agreement.  We also reserve the right at our discretion to restrict a User’s usage of the site either temporarily or permanently, or to refuse a User’s registration.

3.       Abusing MyPlusOne

3.1.             MyPlusOne and the MyPlusOne community work together to keep the site working properly and the community safe.  Please report problems, offensive content and policy breaches to us using the reporting system.

3.2.             Without limiting other remedies, we may issue warnings, limit or terminate our services, remove hosted content and take technical and legal steps to keep Users off MyPlusOne if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies or this User Agreement.  However, whether we decide to take any of these steps, remove hosted content or keep a User off MyPlusOne or not, we do not accept any liability for monitoring MyPlusOne or for unauthorised or unlawful content on MyPlusOne or use of MyPlusOne by Users.

4.       Fees and Services

4.1.             MyPlusOne provides a platform through which a Visitor can make a booking with a Local or an Accommodation Partner.

4.2.             A Visitor shall indicate his or her intention to make a booking with a Local or an Accommodation Partner by validly submitting a booking request through MyPlusOne.  The Visitor shall select or otherwise indicate the type of booking in the booking request form.  The Visitor shall also select the form of payment for the booking which may be: (i) a monetary sum; (ii) a gift; or (iii) a skill share (the “Booking Fee”) and shall indicate the value of such Booking Fee on the booking request form.

4.3.             On receipt of a validly submitted booking request form from a Visitor, the Local or Accommodation Partner shall indicate their interest in the booking within 48 hours by sending an e-mail reply to the Visitor.

4.4.             Once the Visitor and Local or Accommodation Partner have agreed the terms of the booking via e-mail correspondence and have confirmed the booking, the Visitor shall be obliged to pay the Booking Fee to the Local or Accommodation Partner.  Payment of the Booking Fee must be made by the Visitor on or prior to the date on which the booking will commence, as indicated on the booking request form (the “Booking Date”) unless the parties agree otherwise.  If a Visitor does not pay the full Booking Fee on or prior to the Booking Date, or by such other time as the parties have agreed, then the booking shall terminate immediately and MyPlusOne will take such steps as it thinks fit to limit or restrict that Visitor’s use of the site including, but not limited to, removing the Visitor’s access to the site.

4.5.             Notwithstanding the foregoing, MyPlusOne simply provides the platform through which Users can connect.  You understand and agree that in making a booking you are entering into an agreement with another User to which MyPlusOne is not a party.   You acknowledge and agree that you, and not MyPlusOne, will be responsible for performing the obligations of any such agreement, that MyPlusOne is not a party to any such agreement and that MyPlusOne accepts no liability arising out of, or relating to, any such agreement.

4.6.             MyPlusOne may, from time to time, provide services to Users through the site for which a fee is charged, for example, the “Make My Break” service.  If you use a service through MyPlusOne which incurs a fee, you will be able to review and accept terms that will be clearly disclosed at that time.  Our fees are quoted in pounds sterling, and we may change them from time to time.  We will notify you of changes to our fee policy by posting such changes on the site.  We may choose to change our fees temporarily for promotional events or new services; these changes are effective when we announce the promotional event or new service.

4.7.             Our fees are non-refundable, and you are responsible for paying them when they are due.  If you do not, we may limit your ability to use the services and the site.  If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

5.       Content

MyPlusOne contains content from us, you, and other Users.  MyPlusOne is protected by copyright and intellectual property laws and by international treaties.  Content displayed on or via MyPlusOne is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions.  You agree not to copy, distribute or modify content from MyPlusOne without our express written consent.  You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in MyPlusOne.  Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of MyPlusOne (other than your own content).  When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

6.       Infringement

You agree that you will not post content or make any kind of communication via MyPlusOne that infringes the rights of third parties.  This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark.

7.       Liability

7.1.             Nothing in these terms shall limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence of our agents or employees.  You agree not to hold us responsible for the actions of any other Users, including but not limited to, any Locals, Visitors or Accommodation Partners.

7.2.             We do not review communications between Users and are not involved in the actual arrangements made between Locals, Accommodation Partners and Visitors.  We do not guarantee the accuracy of any communications between Users or the quality, safety, or legality of what is discussed, arranged or offered.

7.3.             In no event do we accept liability of any description for the transmission in any form of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

7.4.             We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.  While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

7.5.             Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied.  We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of MyPlusOne, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.  Some jurisdictions do not allow the disclaimer of warranties or the exclusion of damages, so such disclaimers and exclusions may not apply to you.

7.6.             Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 pounds sterling.

7.7.             You accept sole responsibility for the legality of your actions under laws applying to you in respect of your use of the MyPlusOne site and within the MyPlusOne community.

7.8.             Although we use techniques that aim to verify the accuracy and truth of the information provided by our Users, user verification on the internet is difficult.  MyPlusOne cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Users’ purported identities or the validity of the information which they provide to us, you or communicate through our site.

8.       Indemnity

You hereby indemnify MyPlusOne (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of MyPlusOne’s sites, services, applications and tools or your breach of any law or the rights of a third party.

9.       Privacy

You should carefully read our full Privacy Policy before using MyPlusOne as it is hereby incorporated into this User Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us.  Please note that certain information, statements, data, and content (such as photographs) which you may submit to MyPlusOne, might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you.  You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that MyPlusOne may process such information, within the terms of the Privacy Policy.

10.   Resolution of disputes

If a dispute arises between you and MyPlusOne, we strongly encourage you to first contact us directly to seek a resolution.  We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

11.   General

11.1.         This User Agreement and the other policies posted on MyPlusOne constitute the entire agreement between MyPlusOne and you, superseding any prior agreements.

11.2.         This User Agreement shall be governed and construed in all respects by the laws of England and Wales.  You agree that any claim or dispute you may have against My Plus One Ltd must be resolved by the courts of England and Wales.  You and MyPlusOne both agree to submit to the exclusive jurisdiction of the English Courts.

11.3.         If we do not enforce any particular provision, we are not waiving our right to do so later.  If a court strikes down any of these terms, the remaining terms will survive.  We may automatically assign this User Agreement in our sole discretion in accordance with the notice provision below.

11.4.         Your notices to us must be sent by registered mail to My Plus One Ltd, 11E Oxford and Cambridge Mansions, Transpet Street, London NW1 5EN.  We will send notices to you via the email address you provide, or by registered post.  Notices sent by registered post will be deemed received five days following the date of postage.

11.5.         We may update this User Agreement at any time, with updates taking effect when you next access the site or 30 days after we post the updated policy on the site, whichever is sooner.  No other amendment to this User Agreement will be effective unless made in writing, signed by Users and by us.

11.6.         For any help with using MyPlusOne please see the Help Page.

My Plus One

Terms &