Terms of Service
Terms of Service
Effective Date: 23 July 2021
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 using our services;
- Contain a class action waiver for any dispute that may arise; and
- Explain what to do if there is a problem.
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. THESE TERMS INCLUDE A CLASS ACTION WAIVER.
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 Member (as defined in Section 2) or just browsing. Myunidays Limited (MYUNIDAYS LTD) is incorporated and registered in England and Wales with company number 07552253, VAT number 130053865, and registered office at 2 Castle Boulevard, Nottingham, Nottinghamshire, NG7 1FB.
You must be 16 years or older to use any part of the Services. If you are less than 18 years of age and would like to use any part of our Services, please ask your parent or legal guardian to review and agree to these Terms before you use any part of the Services. If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of these Terms in your name and on your behalf.
BY CLICKING THE ‘JOIN NOW’ BUTTON OR CREATING AN ACCOUNT, YOU REPRESENT TO UNIDAYS THAT YOU ARE ELIGIBLE TO USE THE SERVICES AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS ALSO GOVERN ALL USE OF THE 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 authorised to use the Services.
What is UNiDAYS?
UNiDAYS provides online verification for designated groups (such as students enrolled in tertiary education or equivalent training at a university or institution) to qualify individuals as part of a gated community (“Verification”). A Verified individual (“Member”) can then seamlessly access promotions, including without limitation, vouchers, discounts, giveaways, employment and educational opportunities (“Offers”), and complete transactions with participating brands and service providers (“Partners”) that advertise their products and services to our Members.
As part of the Services, UNiDAYS identifies your preferences and recommends Offers and other content that we believe will interest you and otherwise personalises 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.
When do these terms apply?
These Terms apply to the Services, which include, without limitation:
- 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 are 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.
Will UNiDAYS change the Services?
UNiDAYS continually works to improve the Services. As a result, UNiDAYS may from time to time 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 authorise UNiDAYS to implement Updates with or without notice to you.
UNiDAYS also may introduce new features and functionality that enhance the Services that were not previously part of the Services (“New Features”). UNiDAYS reserves the right at any time to add New Features and to charge fees for New Features or access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Website, App, and in other appropriate locations on the Services. You shall pay all fees incurred through your account at the rates in effect for the billing period in which such fees are incurred, including but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees shall be billed to and paid for by you. You shall pay all applicable taxes relating to the use of the Services through your account.
UNiDAYS may make New Features 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 we decide not to make the 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.
Will UNiDAYS change the Terms?
The Effective Date of these Terms is set forth at the top of this webpage. We may change, add, or remove portions of these Terms at any time to reflect Updates or New Features or changes to applicable law. If UNiDAYS makes material modifications to these Terms that reduce your 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.
The amended Terms supersede all previous versions of our agreements, notices, or statements of or about these Terms. It is your responsibility to review these Terms prior to each use of the Services. If you do not agree to the Terms as amended, then you must cancel your account and stop using the Services before the end of the notice period. Your continued use of the Services after the end of the notice period specified in the notification or receipt of the notification will indicate acceptance by you of such Terms, changes, or modifications.
We will not make 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.
Is an account required?
You must register and verify as a Member to access Offers and other gated parts of the Services. In order to provide continuing access to the Services, UNiDAYS will require you to complete Verification from time to time. Where available, upon expiry of your student status, and for 12 months thereafter, you have the option to remain a Member through our GRADLiFE program.
You must be 16 years of age or older to use any part of the Services. If you are less than 18 years of age and would like to use any part of the Services, please ask your parent or legal guardian to review and agree to these Terms before you use any part of the Services.
If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of the Terms in your name and on your behalf.
UNiDAYS DOES NOT KNOWINGLY PERMIT CHILDREN UNDER AGE 16 TO USE THE SERVICES WITHOUT PARENTAL APPROVAL. If you learn or suspect that anyone under age 16 has created (or attempted to create) an account, please notify email@example.com.
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. 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 a violation of these Terms.
When creating an account, you will create login credentials by selecting a password and providing an email address. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password, and for all activities that occur using your account. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspension or termination of your account.
You agree to notify us immediately at firstname.lastname@example.org if you detect or suspect unauthorised use(s) of your password, account, or other breaches 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.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for suspension or termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.
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. Being exposed to advertising is a condition of accessing the Services. 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 the 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.
Who owns the Services?
UNiDAYS owns the Services and owns or has a licence for the content in the Services. The content of the Services are intended for your personal, non-commercial use. 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”). We also own copyright in the selection, coordination, compilation, and enhancement of the Services Content. You shall abide by all additional copyright notices, information, or restrictions contained in any content accessed through the Services. You may 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, licence, 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 authorised 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 licence (and right to sublicense through multiple tiers) to use, host, store, reproduce, modify, publicly display, publish, remove, 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. You waive any rights you may have in having the material altered or changed in a manner not agreeable to you. No moral rights are transferred by the right and licence 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 licence 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 libellous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or illegal.
- 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 email@example.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 18 years of age 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 firstname.lastname@example.org with the subject line “California Minor User Content Removal”. Please note that the removal right is not absolute – the right applies to the original posting of your User 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 licence 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.
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. You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. Without limiting the foregoing, you must not, and you agree not to, attempt to yourself or encourage or allow any third party to:
- gain (or attempt to gain) unauthorised 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 to resell or distribute products; or
- use the Services to send any unauthorised or unsolicited commercial or promotional content.
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 a 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.
The App and the rest of the Services may not have the 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.
- 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.
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 email@example.com and/or deleting your account.
UNiDAYS reserves the right to terminate or suspend 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, or in violation of any law applicable to your use of the Services.
UNiDAYS may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
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.
Who is responsible for Linked Services?
For clarity, all products or services 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 or interactions with Partners, including for any claim, product liability claim, injury, property damage, improper charges, delivery, failures, promotional codes, 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 licences (“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 licences or usage terms, which will be presented to you as and when applicable.
How is UNiDAYS' liability limited under these Terms?
Disclaimer of Warranties
UNIDAYS DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OFFERS, PROMOTIONS, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICES.
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 TIMELY, SECURE, UNINTERRUPTED, 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 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 without limitation 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; or
- 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. These Terms are between you and us and no other party has any rights under these Terms, including the right to enforce any part of these Terms.
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.
How are disputes about these Terms resolved?
UNiDAYS would appreciate the opportunity to solve any issue about the Services with you directly. If you would like to bring a matter to our attention, please contact us at firstname.lastname@example.org. To the extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
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.
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 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.
WAIVER OF CLASS ACTIONS. 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.
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 with 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.
- 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.
- Our failure to enforce any provision of these Terms or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
- If a provision of these Terms is held invalid or unenforceable for any reason, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties, and the remaining provisions will not be affected and remain in full force and effect.
- Nothing contained in these Terms creates a relationship of 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.
- The provisions of these Terms intended by their nature to survive termination or expiration shall so survive the termination of your account or access to all or part of the Services.
- 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.
- In the event of any discrepancy between a non-English version of these Terms of Service and the English version of these Terms of Service, the English version shall prevail in all respects.
How do I contact UNiDAYS?
To contact UNiDAYS about these Terms, please contact us:
- By Email: email@example.com
- By Post:
- Myunidays Limited, General Counsel, 2 Castle Boulevard, Nottingham, Nottinghamshire, NG7 1FB
- Unidays Inc., Penn Plaza 9th Floor 132 W 31st St. New York City NY 10001
- By Email: firstname.lastname@example.org or email@example.com.
- By Post:
- Myunidays Limited, DPO, 2 Castle Boulevard, Nottingham, Nottinghamshire, NG7 1FB
- Unidays Inc., Penn Plaza 9th Floor 132 W 31st St. New York City NY 10001
- Our European Representative pursuant Art. 27 GDPR is PLANIT//LEGAL:
- By Email: firstname.lastname@example.org.
- By Post: PLANIT//LEGAL, Jungfernstieg 1, 20095 Hamburg, Germany
Users based in Europe outside of the UK
If you, as a user of the Services, have your habitual residence in Germany and use the Services as a consumer, the following shall apply to you in addition to the provisions above and shall, if it contradicts the preceding provisions of these Terms of Service, supersede them:
- Contractual Partner:
Your contractual partner is Myunidays Limited, registered under company number 07552253, VAT number 130053865 with registered offices at 2 Castle Boulevard, Nottingham, NG7 1FB, United Kingdom, telephone number 0115 9853070.
- No Guarantee:
Myunidays Limited does not give any guarantees to the user (e.g. guarantee of quality, assurance of certain properties).
- Limitation of Liability:
(1) Claims of the user for damages are excluded. This does not apply to claims for damages from the injury of life, body, health or from the breach of essential contractual obligations (cardinal obligations), as well as the liability for other damages which are based on UNiDAYS’, its legal representatives’ or vicarious agents’ intentional or grossly negligent breach of duty. Essential contractual obligations are those whose fulfilment is necessary to achieve the goal of the contract.
(2) When violating an essential contract obligation through negligence, UNiDAYS is liable only to the extent of a foreseeable damage typical for this kind of contract. This does not apply to damages resulting from an injury of life, body or health.
(3) The restrictions of the aforementioned paragraphs (1) and (2) also apply in favour of the legal representatives and vicarious agents of UNiDAYS, if claims are asserted directly against them.
(4) The limitations of liability resulting from the aforementioned paragraphs (1) and (2) do not apply as far as UNiDAYS has fraudulently concealed a defect or if UNiDAYS has given a guarantee for the quality of the thing. The same applies if UNiDAYS and the user have made an agreement on the quality of the thing. The regulations of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
- Choice of Law:
Contracts between Myunidays Limited and the user shall be governed by the law of England and Wales to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, shall remain unaffected.
- Online Dispute Resolution:
Consumers may make use of Online Dispute Resolution (ODR) through the ODR platform at http://ec.europa.eu/consumers/odr/. The email address of Myunidays Limited is: email@example.com
- Notice pursuant to Sec. 36 of the German Consumer Dispute Settlement Act (Verbraucherstreitbeilegungsgesetz):
Myunidays Limited does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.
Notwithstanding Section 14 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.