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Terms of Service

Effective Date: 30 March 2021
To see the previous version of these Terms of Service, please click here


Welcome to the UNiDAYS Terms of Service (“Terms”). These Terms are important because they:

  • Describe the terms that you and other users must follow when using our services
  • Explain your obligations to UNiDAYS when you use our services
  • Contain a class action waiver for any dispute that may arise

PLEASE REVIEW CAREFULLY BECAUSE THESE TERMS FORM A LEGAL AGREEMENT BETWEEN UNIDAYS AND YOU. YOUR USE OF AND ACCESS TO THE SERVICES ARE CONDITIONED ON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.

Please also review the UNiDAYS Privacy Policy and Cookie Policy to learn how UNiDAYS handles personal data.


1. INTRODUCTION

These Terms set forth the terms and conditions that apply to access and use of the websites, applications, and other online services in or to which these Terms are linked (“Services”). The Services are made available by Myunidays Limited, Unidays Inc., and their affiliates (altogether, "UNiDAYS", “we”, or “us”). These Terms apply whether you are a registered user or just browsing. Myunidays Limited is registered in England and Wales with company number 07552253 and VAT number 130053865 and registered office at 2 Castle Boulevard, Nottingham, NG7 1FB.

To use our Services, you must be at least age 18 (or, if older, the age of majority in your place of residence) and otherwise legally able to enter into a binding contract with UNiDAYS or age 16 or older and have your parent or legal guardian's agreement to these Terms on your behalf.

BY CLICKING THE ‘JOIN NOW’ BUTTON OR CREATING YOUR ACCOUNT, YOU REPRESENT TO UNIDAYS THAT YOU ARE ELIGIBLE TO USE OUR SERVICES AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS ALSO GOVERN ALL USE OF OUR SERVICES, WHETHER ACCESSING OUR WEBSITES, DOWNLOADING THE UNIDAYS MOBILE APP OR BY USING ANY OF OUR OTHER SERVICES THAT LINK TO THESE TERMS. If you are not eligible or do not agree to these Terms, you are not authorized to use our Services.


2. WHAT IS UNIDAYS?

UNiDAYS works with brands that want to advertise their products and services to the students, graduates, and others who are eligible to create UNiDAYS accounts (“Members”). We refer to these brands as our “Partners”. Through the Services, Members have access to exclusive discounts, promotions, and offers from Partners that UNiDAYS negotiates on behalf of Members (“Offers”).

As part of the Services, UNiDAYS identifies your preferences and recommends Offers and other content that we believe will interest you and otherwise personalizes your experience of the Services (including third-party advertising). To take advantage of an Offer made available by a Partner, you may need to navigate to the Partner’s website, whether by clicking directly through to the Offer and/or entering the discount code you received for a purchase from a Partner.


3. WHEN DO THESE TERMS APPLY?

These Terms apply to the Services, which include:

  • www.myunidays.com (“Website”);
  • the UNiDAYS mobile application available in The App Store and Google Play (“App”);
  • use of our embedded iframe found on websites of our Partners; and
  • any other UNiDAYS-operated online service in or to which these Terms are linked.

Different terms and conditions apply for the online services for job applicants, current and prospective Partners and suppliers, GenZ Insights, and UNiDAYS’ Corporate webpages.

Additional terms may apply to certain features of the Services, such as The Counsel or The Edit (“Additional Terms”). All Additional Terms are part of (and incorporated by this reference into) these Terms. When presented to you, you must agree to the Additional Terms before using the features of the Services to which they apply. These Terms and the Additional Terms will apply equally unless any part of the Additional Terms is irrevocably inconsistent with these Terms, in which case the Additional Terms will control solely to the extent of the inconsistency.


4. WILL UNIDAYS CHANGE THE SERVICES?

UNiDAYS continually works to improve the Services. As a result, UNiDAYS may from time to may introduce updates, error corrections, and other changes to the Services (“Updates”). UNiDAYS reserves the right to make or not make Updates. If UNiDAYS makes Updates, you agree and authorize UNiDAYS to implement Updates with or without notice to you.

UNiDAYS also may introduce new features and functionality that enhance the Services and were not previously part of the Services (“New Features”). UNiDAYS reserves the right to add or not add New Features and to charge or not charge fees for New Features. If New Features involve fees, UNiDAYS will provide you with a choice about whether to use the New Features.

UNiDAYS may make New Feature available solely for you to try and evaluate before they are generally available to Members. When New Features are available for you to try before others have access to them, we refer to the New Features as “Trial Services“. Some Trial Services require you to pay fees to use them. In consideration of your right to access Trial Services, you agree to provide feedback about the Trial Services as reasonably requested by UNiDAYS. UNiDAYS reserves the right to modify Trial Services without notice until Trial Services are deemed part of the Services and/or decide not to make Trial Services part of the Services.

NOTWITHSTANDING THE OTHER SECTIONS OF THESE TERMS ABOUT OUR LIABILITY TO YOU, TRIAL SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND AND THE UNiDAYS PARTIES (AS DEFINED IN SECTION 13) SHALL HAVE NO LIABILITY OF ANY KIND ARISING FROM YOUR CHOICE TO USE TRIAL SERVICES. IF ANY EXCLUSION OF LIABILITY WITH RESPECT TO THE TRIAL SERVICES IS NOT ENFORCEABLE UNDER APPLICABLE LAW, THE SOLE LIABILITY OF THE UNiDAYS PARTIES WITH RESPECT TO THE TRIAL SERVICES IS YOUR DIRECT DAMAGES UP TO THE AMOUNT PAID BY YOU FOR THE TRIAL SERVICES.

Nothing in this Section 4 limits UNiDAYS’ right to restrict access to certain parts of the Services or discontinue the Services or any content that we provide through the Services at any time, without notice or liability to you. We do our best to make sure that the Services are fully operational at all times but UNiDAYS is not liable to you if for any reason the Services are unavailable from time to time.


5. WILL UNIDAYS CHANGE THESE TERMS?

The Effective Date of these Terms is set forth at the top of this webpage.

UNiDAYS may need to modify these Terms to reflect Updates or New Features or changes to applicable law. If UNiDAYS makes material modifications to these Terms that reduce legal rights, we will post notifications in the Services and/or notify Members using the email addresses in their accounts at least ten (10) business days in advance. If you do not agree to the Terms as modified, then you must cancel your account and stop using the Services before the end of the notice period. Continued use of the Services after the end of the notice period specified in the notification or receipt of the notification is deemed acceptance of the Terms as modified.

The amended Terms supersede all previous versions of our agreements, notices, or statements of or about these Terms.

We will not make any changes that materially and retroactively reduce your legal rights without notice unless we are legally required to do so or to protect the rights of other users of the Services.


6. IS AN ACCOUNT REQUIRED?

You must register and verify as Member to receive an account and access to Offers and other Member-only parts of the Services.

To verify as a UNiDAYS Member, you must be enrolled in a bachelor’s degree, post-graduate degree or equivalent higher education degree-granting program at a university, or an institution in the UNiDAYS database and must verify your enrolment using one of our available verification methods (“Verification”). UNiDAYS may require you to complete Verification annually or from time to time. GRADLiFE membership, where available, is a service for UNiDAYS members after their final Verification expires.

Membership also requires that you represent to UNiDAYS that you are at least age 18 (or, if older, the age of majority in your place of residence) and otherwise legally able to enter into a binding contract with UNiDAYS or age 16 or older and have your parent or legal guardian's agreement to these Terms on your behalf.

We also may ask you to provide information, such as your name, where you live, telephone number, age or birthday, preferences, opinions, and other details about yourself that you choose to share as part of the account creation process. To learn more about how we process personal data we collect from you, please see the UNiDAYS Privacy Policy.

UNiDAYS DOES NOT KNOWINGLY PERMIT CHILDREN UNDER AGE 16 TO USE THE SERVICES WITHOUT PARENTAL APPROVAL. The Services are not directed to or intended for use by children under age 16. If you learn or suspect that anyone under age 16 has created (or attempted to create) an account, please notify info@myunidays.com.

You agree that you will not create an account for anyone other than yourself, create an account with the intent to impersonate another person, or falsify any element of Verification. UNiDAYS reserves the right to deny registration or Verification or to cancel or suspend an account at any time if we detect or suspect violation of these Terms. You may not create an account if you were previously suspended or terminated from using the Services.

You promise that any information that you submit to UNiDAYS is true, accurate, and complete and you agree to keep it that way at all times.

When creating an account, you must enter an email address and choose a password. Please do not share your password. Your password is personal to you and you agree not to provide any other person with your password, other security information, or access to the Services. You are responsible for all activities that occur using your account.

You agree to notify us immediately at info@myunidays.com if you detect or suspect unauthorized access or use of your password, account, or other breach of security. Please use particular caution when accessing your account from a public or shared computer or sharing your device so that others are not able to view or record your password or other personal data.

7. DOES UNIDAYS CHARGE FOR MEMBERSHIP?

The Services are provided to you as a free service but UNiDAYS may receive fees or commissions when you make a purchase or otherwise engage with Offers on Partners’ websites or in stores. Certain elements of the Services may require payment, such as a paid subscription, but UNiDAYS will provide you with a choice about whether to use the paid features.

You are solely responsible for any and all charges, fees, and other costs related to use of the Services, including the equipment and internet connection necessary to access the Services. If you access and use the Services on your mobile device, you agree that you are solely responsible for all charges that you incur from your Internet or mobile service provider.

Although UNiDAYS tries to ensure that the Offers available via the Services are among the best available, we are not responsible if you find a greater discount or lower price elsewhere. Our Partners, not UNiDAYS, decide on the terms of the Offers.


8. WHO OWNS THE SERVICES?

UNiDAYS owns the Services and owns or has a license for the Content in the Services
As between UNiDAYS and you, UNiDAYS and its third-party licensors are and will remain the sole and exclusive owners of all right, title and interest in and to the Services, including all content available through the Services and the design, selection and arrangement thereof, and all intellectual property rights therein (“Services Content”). You own all of your User Content, as described below.

The Services Content includes the UNiDAYS name and all related names, logos, product and service names, designs, and slogans (“UNiDAYS Trademarks”). You must not use the UNiDAYS Trademarks without UNiDAYS’ prior written permission. All names, logos, product and service names, designs, and slogans of Partners and other third parties that appear on or in the Services are the trademarks of their respective owners.

You have no right, license, or authorization with respect to Services Content except as expressly set forth in these Terms. The Services are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. For clarity, you agree not to (and not to permit any third party to):

  • remove any copyright, trademark, or other proprietary rights notice contained in the Services;
  • create and/or publish your own database that features parts of the Services, such as Offers and Partners, without UNiDAYS’ express prior written consent;
  • reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Services Content except as expressly authorized in these Terms;
  • use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services; and
  • otherwise violate or infringe the proprietary rights of UNiDAYS or its third-party licensors in and to the Services Content at any time.

You own your User Content but give UNiDAYS the right to use it
The Services may contain forums and other interactive features that allow you and other users to post, submit, publish, display, or transmit content or materials (collectively, “User Content”). You own the User Content you create unless the terms and conditions applicable to your submission of User Content state otherwise.

You understand and acknowledge that you are responsible for your User Content, including its legality, reliability, accuracy, and appropriateness.

Whether you submit User Content through the Services or UNiDAYS’ social media pages, you grant UNiDAYS (including our vendors that help us operate the Services and each of our respective successors and assigns) the unrestricted, perpetual, worldwide, non-exclusive, royalty-free, fully-paid right and license (and right to sublicense through multiple tiers) to use, host, store, reproduce, modify, publicly display, perform, translate, distribute, and otherwise disclose to third parties your User Content, in whole or in part, for any purpose and in any media now known or hereafter developed, to the extent permitted by law. No moral rights are transferred by the right and license to User Content that you grant to UNiDAYS in these Terms.

When you provide User Content, you represent and warrant to UNiDAYS that:

  • You own or control all rights in and to your User Content and have the right to grant the rights and license granted to UNiDAYS above in these Terms;
  • Your User Content does not violate the rights of any other person or entity, such as rights of privacy and publicity and intellectual property rights;
  • Your User Content is true and accurate; and
  • All of your User Content complies with these Terms and all applicable laws, rules, and regulations.
  • Your User Content must comply with all of the following rules:

  • User Content must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • User Content must not promote sexually-explicit or pornographic material, violence, or discrimination based on race, religion, nationality, disability, gender, sexual orientation, gender identity, or age.
  • User Content must not deceive or intend to deceive any person.
  • User Content must not promote any illegal activity or advocate, promote, or assist any unlawful act.
  • User Content must not misrepresent your identity or affiliation with any person or organization or give the impression that your User Content is endorsed by UNiDAYS or by any other person or entity if this is not the case.
  • If you believe that User Content violates these Terms, please notify us at info@myunidays.com, including a description of the specific User Content and its location. To the extent permitted by law, you agree to indemnify UNiDAYS for all claims brought by a third party against UNiDAYS arising out of or in connection with your User Content.

    If you are under age 18 and a resident of California, you may have the right to request removal of your User Content that you chose to make public on the Services. To request removal of your User Content, please contact UNiDAYS at info@myunidays.com with the subject line “California Minor User Content Removal”. Please note that the removal right is not absolute – the right applies to your original posting of Your Content but not subsequent sharing or publication by others and not to content about you shared by other people. The removal right also does not apply if you received compensation or other consideration for posting the User Content. UNiDAYS cannot ensure comprehensive removal of the User Content from the Internet.

    If you are a Californian and want to request that UNiDAYS delete personal information that we hold about you, please see our California Privacy Notice.

    In addition to User Content, you may from time to time choose to provide UNiDAYS with ideas, suggestions, or other feedback about the Services. You own your feedback but, by providing feedback to UNiDAYS, you agree and hereby grant to UNiDAYS a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, and create derivative works of and otherwise exploit in any manner all of your feedback. You also acknowledge and agree that UNiDAYS may use feedback in the Services as long as you are not directly identified without your prior written permission. All of your feedback is considered non-confidential and non-proprietary.


    9. WHAT ARE PERMITTED USES OF THE SERVICES?

    Subject to your compliance with these Terms, UNiDAYS grants you, solely for your non-commercial use, a personal, limited, non-exclusive, non-transferable, revocable, and limited right to access and use the Services and to download one (1) copy of the App.

    You must use the Services for lawful, personal, and non-commercial purposes only and not for any fraudulent purposes or in connection with any unlawful activity. Without limiting the foregoing, you must not and you agree not to, attempt to or encourage or allow any third party to:

    • gain (or attempt to gain) unauthorized access to the Services or UNiDAYS’ computer systems or networks through hacking, password mining or other means, or to violate the security of any computer or security network;
    • use the Services in any manner that you know or should know could damage, disable, overburden, or impair UNiDAYS’ servers or networks;
    • discriminate, harass, threaten, deceive, embarrass, harm or cause annoyance, inconvenience or anxiety to others, or otherwise interfere (or attempt to interfere) with any other party's use and enjoyment of the Services;
    • use the Services on behalf of anyone other than yourself;
    • copy, modify, adapt, translate, reverse engineer, decode, or otherwise attempt to derive or gain access to any portion of the Services;
    • remove any copyright, trademark, or other proprietary rights notice contained in the Services or otherwise infringe or violate the intellectual property rights of any third party;
    • use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape, or index any portion of the Services;
    • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any feature or functionality of the Services to any third party for any reason;
    • reformat or frame any portion of the web pages that are part of the Services, including with the intention of reselling or distributing products; or
    • use the Services to send any unauthorized or unsolicited commercial or promotional content.

    UNiDAYS reserves the right to monitor and record activity on the Services to the fullest extent permitted by applicable law and in accordance with our Privacy Policy.

    UNiDAYS has the discretion to terminate your access to the Services (in addition to any other available remedy) without notice if UNiDAYS has a reasonable basis to believe that you are using the Services in violation of these Terms.


    10. DO ANY TERMS APPLY SPECIFICALLY TO USING THE APP?

    Except as expressly stated in this Section 10, these Terms apply to your download, access, and use of our App.

    Unlike a website, a mobile application is software that is downloaded to and installed on your mobile device. Even though it is downloaded to your mobile device, our App is licensed – it is not sold to you. You do not acquire any ownership interest in our App or any other right other than to use the App in accordance with and subject to these Terms.

    You may download a single copy of the App to a mobile device owned or otherwise controlled by you solely for your own personal, non-commercial use. To provide you with certain functionalities, the App must access various functions and data on your mobile device. For more information about how personal data is handled by the App, please review the UNiDAYS Privacy Policy.

    The App and the rest of the Services may not have the exact same content.

    We may from time to time develop and provide Updates to the App. Based on your mobile device settings, when your mobile device is connected to the Internet either the App will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates. You agree to download and install all Updates and acknowledge and agree that the App may not properly operate if you do not. All Updates to the App are deemed part of the App and the Services and subject to all terms and conditions of these Terms.

    UNiDAYS reserves and retains the entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

    When you download the App from Apple's App Store or Google Play (each, an "App Platform"), you acknowledge and agree that:

    • As between UNiDAYS and the App Platform, UNiDAYS is solely responsible for the App.
    • The App Platform has no obligation to provide any maintenance and support services with respect to the App.
    • If our App fails to conform to any applicable warranty: (i) you may notify the App Platform and the App Platform may refund the purchase price for the App (if applicable), (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty is, as between UNiDAYS and the App Platform, UNiDAYS’ responsibility.
    • The App Platform is not responsible for addressing any claim you have relating to the App or your possession and use of the App.
    • If a third party claims that the App infringes another party's intellectual property rights, as between the App Platform and UNiDAYS, UNiDAYS is responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
    • The App Platform and its subsidiaries are third-party beneficiaries of the applicable terms of use as they relate to your license to use the App. Upon your acceptance of the terms and conditions of our terms of use, the App Platform will have the right (and will be deemed to have accepted the right) to enforce the terms of use as related to your license of the App against you as a third-party beneficiary thereof.
    • You must also comply with all third-party terms applicable through the App Platform when using the App.

    To learn more about the specific data collected by the App, please check your mobile device settings or review the disclosures on the App Platform from which you downloaded the App. To stop the collection of all data through the App, please uninstall it.

    You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


    11. WHEN DO THESE TERMS TAKE EFFECT? WHEN DO THEY TERMINATE?

    These Terms are effective when you acknowledge them as part of Verification or another process, download the App, or use any of the Services in which these Terms are linked. These Terms are in effect until terminated by you or UNiDAYS.

    You may terminate your account at any time by contacting us at info@myunidays.com and/or deleting your account.

    UNiDAYS may terminate your account immediately and automatically without any notice if you violate any law applicable to use of the Services. UNiDAYS reserves the right to terminate an account and access to the Services with or without notice if UNiDAYS has a reasonable basis to believe that a Member or other user of the Services is accessing or using the Services in violation of these Terms.

    UNiDAYS may suspend your access to the Services, cancel your account, or terminate these Terms at any time without notice if we detect or suspect a breach of security, if you do not successfully complete Verification, or if UNiDAYS ceases to offer or support the Services, which UNiDAYS may do in its sole discretion.

    When these Terms terminate, the rights granted by UNiDAYS terminate, and you must cease all use of the Services and delete all copies of the App from your mobile device.

    Termination does not and will not limit any of UNiDAYS’ or your rights and remedies at law or in equity.


    12. WHO IS RESPONSIBLE FOR LINKED SERVICES?

    The Services contain links to other websites and resources provided by third parties, including Partners, social media platforms, and in advertisements (collectively, “Linked Services”). UNiDAYS cannot and does not control Linked Services even though some Linked Services allow you to export your information to them, such as “like” or “share” features on social media. Please carefully review the privacy policies and other terms of use for all Linked Services. If you decide to access any of the Linked Services, you do so entirely at your own risk and subject to the terms and conditions applicable to the Linked Services and not these Terms.

    For clarity, all products you purchase from a Partner are priced, fulfilled, and shipped by the applicable Partner and not by UNiDAYS. UNiDAYS is not an agent, reseller, or distributor of or for Partners or Partners’ products or services. UNiDAYS does not assume any responsibility and is not responsible for any issue arising from or related to your purchases, including for any claim, product liability claim, injury, property damage, improper charges, delivery, failures, pricing errors, or inaccurate product descriptions, whether they are online or in-store, even if you do not have a separate account with a Partner. If you are unhappy with your purchase from a Partner or if you have another customer service issue regarding a Partner’s product, you must contact the Partner.

    The Services may include third party software that is offered generally available free of charge under open source or similar licenses (“Third Party Software”). Although the Services provided to you are subject to these Terms, Third Party Software included in the Services may be subject to other licenses or usage terms, which will be presented to you as and when applicable.


    13. HOW IS UNIDAYS’ LIABILITY LIMITED UNDER THESE TERMS?

    Disclaimer of Warranties
    WHERE PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNiDAYS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND CONTENT AND SERVICE PROVIDERS (COLLECTIVELY, THE “UNiDAYS PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, NONE OF THE UNiDAYS PARTIES PROVIDES ANY WARRANTY OR UNDERTAKING OR MAKES ANY REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERROR OR DEFECT CAN OR WILL BE CORRECTED.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    UNiDAYS’ Liability
    UNiDAYS is liable for reasonable direct and foreseeable damages caused by UNiDAYS’ material breach of these Terms, subject to the provisions of these Terms.

    Limitations of UNiDAYS’ Liability
    To the fullest extent permitted by applicable law, UNiDAYS is not and will not be responsible or liable for:

    • damages that are not foreseeable, including consequential damages
    • exemplary or punitive damages
    • any loss of profit, loss of business, loss of contract, business interruption, anticipated savings, goodwill, or loss of business opportunity in connection with your use of the Services
    • viruses or other malicious software obtained by accessing the Services or errors, glitches, delays, or disruptions in the Services
    • losses related to actions of any third party, including use of or inability to use Partners’ websites

    Nothing in these Terms is intended to exclude or limit liability in any way that is unlawful, including liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or other intentional conduct.

    As a consumer, you benefit from any mandatory provision of the law of the jurisdiction in which you reside. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.


    14. HOW ARE DISPUTES ABOUT THESE TERMS RESOLVED?

    UNiDAYS would appreciate the opportunity to solve any issue about the Service with you directly. If you would like to bring a matter to our attention, please contact us here.

    For all individuals outside of the United States and Canada: You and Myunidays Limited agree that these Terms are governed by and construed in accordance with the laws of England and Wales and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

    You and Myunidays Limited agree to submit to the non-exclusive jurisdiction of the courts of the district of England and Wales.

    As a consumer, you benefit from any mandatory provision of the law of the country in which you reside. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law

    If you are an EU resident, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England and Wales or in the EU country in which you live. Also, the European Commission provides for an online dispute resolution platform, which you can access here. More information about your rights as a consumer is available here.

    For all individuals within the United States and Canada: You and Unidays Inc. agree that these Terms are governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America.

    You and Unidays Inc. consent to the exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York, to the extent permitted by applicable law.

    Class Action Waiver: Where permitted by applicable law and in the United States, UNiDAYS and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We each waive any right to a jury trial.


    15. HOW WILL UNIDAYS COMMUNICATE WITH MEMBERS?

    When you use the Services or send emails to us, you are communicating with us electronically. Depending on your account settings and your choices, we will communicate with you electronically in a variety of ways, such as by email, text message, App push notification, or by posting a message on the Website, in the App, or otherwise through the Services, such as in your account. Some of these communications are automatic and some are sent by default as part of the Services. We may add or remove certain types of communications from time to time. You can adjust whether you receive certain electronic communications in your account settings. Although you can disable certain communications, we may still send you notices as needed to allow us to provide you the Services.

    You agree that all agreements, notices, disclosures, and other communications that we electronically provide to you satisfy any legal requirement that such communications be in writing unless mandatory applicable laws specifically require a different form of communication. Certain electronic communications may be subject to fees or charges from your carrier or service provider.

    Electronic communications are sent to the email address you have provided in your account. If your email address changes, you are responsible for informing UNiDAYS. Changes to your email address will apply to all of your communications from us.

    Certain communications could include information about your account, such as a password reset request. Anyone with access to your email account or mobile device could view the content of these communications.

    When we send marketing or promotional communications, we do so based on your consent as and when required. You also can control our marketing communications through your account.


    16. MISCELLANEOUS

    • These Terms (including our Privacy Policy contain the sole and entire understanding by and between UNiDAYS and you and you with respect to the Services and matters contained herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
    • These Terms inure to the benefit of and are binding on UNiDAYS’ and your successors and assigns, respectively.
    • UNiDAYS may assign these Terms to a successor in interest (in whole or in part) but you may not assign the Terms without the prior express written consent of UNiDAYS.
    • No waiver by UNiDAYS of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term. Any failure UNiDAYS to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
    • Nothing contained in these Terms creates a relationship or partnership, joint venture, or agency between UNiDAYS and you.
    • If UNiDAYS is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such cause.
    • Headings and captions are for convenience only. Except as otherwise provided or made clear by the context, use of the words or phrases including, include, in particular, for example, such as, or any similar expression, are to be construed as illustrative and will not limit the sense of the words, descriptions, definitions, phrases, or terms preceding or following those words.


    17. HOW DO I CONTACT UNIDAYS?

    To contact UNiDAYS about these Terms, please contact us:

    • By Email: info@myunidays.com
    • By Post:
      • MyUnidays Limited, ℅ DPO, 2 Castle Boulevard, Nottingham, United Kingdom NG7 1FB
      • Unidays Inc., 434 West 33rd St. Suite 830, New York, NY 10001

    For questions about the UNiDAYS Privacy Policy or UNiDAYS’ personal data processing, please review the Privacy Policy and/or contact us:


    18. Users Based in Europe outside of the UK

    Germany

    Nothing in these Terms limits or excludes UNiDAYS’ liability for gross negligence concerning users based in Germany.

    Italy

    Notwithstanding Section 11 above, if you’re a user based in Italy, then any dispute between you and us relating to these Terms will only be dealt with by the courts of the place in which you are domiciled or resident.

    You may also apply for an out-of-court mechanism to solve any dispute relating to these Terms (in accordance with Sections 141 – 141 decies of the Italian Consumers’ Code, 6 September 2005 no. 206). For example, you may utilise or consult the European Online Dispute Resolution platform referred to above.

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