Terms of Service
Last Updated: 7 November 2019
The Services are operated by MyUnidays LTD, trading as UNiDAYS (“We” “Our” and “Us”). We are registered in England and Wales under company number 7552253 and have Our registered office at 2 Castle Boulevard, Nottingham, NG7 1FB.
- Service Overview. As part of the Services, We provide a suite of member-only incentives as well as a Platform that allows users to locate and obtain deals, exclusive offers, and interact and be inspired by the brands they love. From member-only incentives, giveaways, scholarship opportunities, exclusive content, polls and more -- UNiDAYS is a destination to make students' lives more valuable and rewarding. The Services are provided to Verified Students as a free service. As part of Our offerings, We work on your behalf to locate the best publicly available offers and to negotiate exclusive offers that are not available elsewhere from brands with whom We have partnered (“Partners”). We may receive a fee or commission from Our Partners, to sustain the Services as a free service for you, when you purchase or engage with these offers through the Platform.
- Accessing Our Services.
- Account Registration. To access most features of the Services, you must register and verify as a UNiDAYS member. When you register for an account, you may be required to provide Us with some information about yourself, such as your name, email address, gender, the institution you attend, course details and year of study. You agree to provide accurate and up-to-date information to Us at all times. When you register, you will be asked to create a secure password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You may not share your password with others, nor use your password to make purchases on someone else’s behalf. We accept no responsibility for any liability that arises in connection with the theft of your account details or password by any unauthorised third parties.
- Eligibility. In order to verify as a UNiDAYS member, you must be actively enrolled in a relevant academic institution, with an institution email address. You must be at least 16 years old to use the Services and Our Platform. If you are under 16 years of age, you may not access or use the Services. UNiDAYS may, in its sole discretion, refuse to offer the Services to any person or entity and reserves the right to change its eligibility criteria at any time. You agree that You will not: (i) create an account for anyone other than yourself; (ii) create a username with the intent to impersonate another person; or (iii) create an account that is subject to any rights of a person other than you without appropriate authorisation. By using the Services you confirm that: (a) you are at least 16 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations; (d) if you are 18 years old or over you confirm that you are fully able and competent to enter into these Terms and will comply with the Terms. UNiDAYS reserves the right, at its sole discretion, to refuse the registration of an account, or to cancel an account at any time.
- Confidentiality and Security. Following registration with Us, you may choose or receive a user identification code, password, and/or any other information relating to Our security procedures and you must treat such information as confidential. We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms including any other terms or policies referred to in these Terms. You should use particular caution when accessing your account from a device which is public, shared or belongs to someone else so that others are not able to view or record your password or other personal information. You are responsible for making all arrangements necessary for you to have access to Our Services. You are also responsible for ensuring that all persons who access Our Services through your internet connection are aware of these Terms, and that they comply with them. If you believe that your account is no longer secure, then you must immediately notify Us at firstname.lastname@example.org.
- Use of Our Services
- Limited Licence. Subject to your compliance with these Terms, UNiDAYS grants you, solely for your personal use, a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, and revocable licence to: (a) install and use an object code copy of any mobile application associated with the Services obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Services for lawful and internal purposes. You shall not sell, license, rent, or otherwise use, exploit, or make available any Services content, in whole or in part, for commercial (whether or not for profit) use or in any way that infringes any third party rights.
- Partner Programmes. Accessing certain Partner content (including offers, competitions, scholarships, polls, surveys, and other informational materials) (“Content”) automatically enrolls you in the Partner’s programme. Partners may use the Platform to share Content or offers with you through your in-app inbox. We shall not be responsible for any Partner programmes or Content, and you may opt-out of receiving such Content at any time by opting-out within the Platform.
- Promotional Printing. You may download or print one copy of any promotion from the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- Limited Linking. You may link to Our Platform, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part. Our Services must not be framed on any other site, nor may you create a link to any part of Our Services other than the main home page at www.myunidays.com. We reserve the right to withdraw linking permission at any time and without notice.
- Feedback. You agree that UNiDAYS may use your feedback, suggestions or ideas (“Feedback”) in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant to UNiDAYS a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free licence to use the Feedback you provide to UNiDAYS in any way. Your Feedback will never be published in an identifiable format. We will only share your feedback with partners in an aggregated format where no individual is identifiable.
- Proprietary Rights.
- Ownership. The Services and intellectual property rights in the Services are owned (or licensed) and operated by UNiDAYS. All visual interfaces, graphics, design, photos, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Materials”) provided by UNiDAYS are protected by intellectual property and other laws. All Materials included in the Services are the property of UNiDAYS or its third-party licensors. Unless We give you express permission, you may not make use of the Materials. UNiDAYS and Our third-party licensors reserve all rights in any intellectual property in the Materials This means that We and where applicable Our licensors, remain owners of the Materials and are free to use them as We, or the relevant third party licensor, see fit.
- Trademarks. UNiDAYS and myUNiDAYS, are trademarks of UNiDAYS. In addition, logos, graphics, button icons, page headers, service visuals and service names included in or made available through the Services are trademarks or trade dress of UNiDAYS.
- Other Content. UNiDAYS has relationships with a network of Partners and other third parties who supply products and content advertised in the Services. The Services include trademarks, service marks, product names, package designs, and company names or logos that are not owned by UNiDAYS and are the property of their respective owners.
- You may not use or reproduce any trademarks displayed on the Platform without Our permission.
- Prohibited Conduct. As a condition of your use of the Platform you agree not to:
- infringe the intellectual property rights of anyone (including UNiDAYS);
- use the Services for any purpose or in a way which is unlawful under any applicable law or prohibited by these Terms or any other applicable policies or terms;
- harass, threaten, demean, stalk, defraud, deceive, embarrass, or otherwise harm any other user of the Services;
- infringe or misappropriate, or encourage others to infringe or misappropriate, any right of a third party, including any third party intellectual property right; interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services; (iii) attempting to circumvent password or other authorisation methods;
- market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
- interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Services account without permission, or falsifying your age or date of birth;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials;
- reproduce, make modifications to, distribute, sell, publicly display, or publicly perform the Services;
- simulate communications from Us or another service provider or entity in order to collect identity information, authentication credentials or other information (“phishing”);
- attempt to do any of the acts described in this Section 6 or assist or permit any person in engaging in any of the acts described in this Section 6.
- Electronic Notifications
- As part of the UNiDAYS Services and to update you regarding new offerings and promotions, you may receive push notifications, local client notifications, text messages, emails or other types of messages directly sent to you outside or inside the UNiDAYS Platform (“Push Messages”). Your service provider may charge you fees or data, text messaging and/or other wireless access charges, when receiving Push Messages. You can opt-in or out of Push Messages through the UNiDAYS Platform or through your mobile device’s operating system. Please contact your service provider for details of applicable fees.
- Modification of the Services and Terms
- Modification of the Services. We reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. We will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services or Our Platform.
- Modification of these Terms. We reserve the right to vary or update these Terms from time to time with or without notice. Our updated Terms will be displayed on any Platform once updated. If a change to these Terms materially modifies your rights or obligations, We may require that you accept the modified Terms in order to continue to use the Services. You are deemed to accept and agree to be bound by any changes to these Terms when you use the Services after any such changes are posted on the Platform. It is your responsibility to check these Terms from time to time to verify any such variations or updates.
- Term and Termination
- Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Services, and ending when terminated as described in Section 9.2.
- Termination. We can revoke or disable your account or restrict your access to the Services in the following instances: (i) if you breach any provision of these Terms or We reasonably believe you have breached any provisions of these Terms ; (ii) if you disable your account; (iii) to prevent fraud or if We reasonably believe that an unauthorised person is attempting to access the Services; (iv) if We reasonably believe that your continued use of or access to the Services is likely to damage Our reputation; (v) in the event of any activity involving your account which We, in Our sole discretion, deem suspicious or potentially harmful to the Services; or (vi) to secure Our Platform or Services. You may terminate your account and your agreement to these Terms at any time by contacting customer service at email@example.com.
- Effect of Termination. Upon termination of these Terms: (a) your licence rights will terminate and you must immediately cease all use of the Services; and (b) you will no longer be authorised to access your account or the Services. Sections 4.5, 4.6, 5, 9.2, 10, 11 and 12 will survive termination of these Terms.
- Disclaimer of Representations and Warranties.
- By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, UNiDAYS does not make any specific promises about the Services. For example, We don’t make any promises about: the content provided through the Services; the specific features of the Services, or its accuracy, reliability, availability, or ability to meet your needs; or that any content you submit will be accessible or stored on the Services.
- The Services may contain links to other independent websites that are not provided by Us. Such independent sites are not under Our control, and We are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them
- UNiDAYs is not responsible for any contract you conclude or offers, invitations or promotions you receive from Our Partners.
- Limitation of Liability
- Nothing in these Terms is intended to exclude or limit any party’s liability for death or personal injury, fraud, fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.
- To the extent permitted by applicable law, We and Our affiliates will not be responsible for any (a) losses that were not caused by Us or Our breach of these Terms; (b) any loss or damage that was not, at the time that these Terms were formed between You and Us, a reasonably foreseeable consequence of Us or Our affiliates breaching this agreement; or (c) the Content submitted by any Partner, or for the defamatory, offensive or illegal conduct of any Partner.
- We shall not be liable to you for any losses you suffer or costs you incur because:
- You are unable to access or use the Services;
- any device including any hardware or software you use to access the Services is damaged, corrupted or fails to work;
- the Services contain errors, defects, or do not meet your requirements;
- you do not receive notifications from Us or Our Partners in a timely manner;
- you allow a third party access the Services;
- of any failure to provide alternatives where any offers, events or promotions are canceled or varied by a Partner; or
- of or under any contracts, offers or events received by you from Partners through the Services.
- General Terms. These Terms, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and UNiDAYS regarding your use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without Our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect Our right to require performance at any other time after that, nor will a waiver by Us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
- Governing Law. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales English courts will have exclusive jurisdiction to settle any dispute. We are entitled to apply to any court worldwide for injunctive or other remedies in order to protect or enforce Our Intellectual Property Rights and/or Confidential Information.
Notwithstanding the foregoing, if you are a resident of any EU state or Switzerland, Norway or Iceland the governing law and forum shall be the laws and courts of your usual place of business.
- Additional Terms. Your use of the Services is subject to all additional applicable terms, policies, rules, or guidelines or certain features of the Services that We may post on or link to (the “Additional Terms”). All Additional Terms are incorporated by this reference into and made a part of these Terms.
- Contact Information. MyUnidays Limited is located at 2 Castle Boulevard, Nottingham, NG7 1FB You may contact Us by sending correspondence to that address or by emailing Us at firstname.lastname@example.org.
- Notice Regarding Apple. This Section 13 only applies to the extent you are using Our mobile application on an iOS device. You acknowledge that these Terms are between you and UNiDAYS only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. 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.
If you wish to make any use of material on the Services other than that set out in this Section 6, please address your request to: email@example.com. A breach of any of the foregoing is grounds for termination of your right to use or access the Services.