Click and Rent Ltd
36 St. Mary's Street
Edinburgh,
EH1 1SX
United Kingdom
0131 507 0 506
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General Terms / Consumer Agreement for the use of the Click and Rent Platform
By accessing, using or registering on the platform Click and Rent or any part of it you expressly acknowledge
and agree to be bound by the terms of this Agreement and any future
amendments to it that will be publicly disclosed on the web site of the
company.
By accepting the Click and Rent Terms of Service, you expressly acknowledge that you have read, understood and agree to this Agreement and agree to all of its terms, without exception.
IF YOU DO NOT AGREE WITH THIS AGREEMENT OR ANY ITS CONDITIONS, YOU CAN NOT USE AND YOU DO NOT HAVE RIGHT OF ACCESS TO CLICK AND RENT PLATFORM.
In this case, you should stop using the Click and Rent platform immediately. The acceptance of these General Terms and Conditions is expressly your approval of this Agreement, in its entirety.
By using the Click and Rent platform, you represent and warrant that:
· At the time you are 18 years old;
· And you have the right, authority and capacity to enter into this Agreement and to comply with the conditions set out therein;
· If you enter into this agreement on behalf of the company or other organisation, you represent and warrant that you are authorised to act on behalf of the company you represent and to bind the organisation with this Agreement.
Any personal data you provide to Platform Click and Rent, or any data that we collect about you is managed by " Privacy Policy" of Click and Rent, which you can find here. You acknowledge that upon accepting these General Terms of Click and Rent, you have reviewed and agree with the " Privacy Policy".
By accepting these General Terms, Hosts declare that they are aware of and agree with the definitions of the following terms:
Administrator of the Platform and its Adjacent Mobile Applications - Click and Rent LTD, hereinafter referred to as ‘the Company’, with registered number: SC515891 with registered office and business address: 29 York Place, Edinburgh, EH1 3HP
The Click and Rent Platform is Click and Rent and its related services provided by the Company, the Site and the Applications, including communications and information contained therein, provided by the Company to potential and actual Hosts and Guests.
Mobile applications are computer programs designed to run on mobile devices such as smartphones and tablets for the needs of Click and Rent;
Platform User is any person, Guest or Host who has accessed and started the Click and Rent Platform;
The Host in the platform is any person or any company registered in the platform with the aim of hosting stays;
The Guest in the platform is any person or company registered in it for the purpose of booking stays;
Interface - a combination of graphical objects associated with program code through which the Host / Guest communicate with the Platform in an accessible way;
Malicious actions are actions or omissions that violate Internet ethics or harm individuals connected to the Internet or associated networks, sending unwanted mail (unsolicited commercial communications, SPAM), accessing resources with foreign rights and passwords, exploiting deficiencies in systems for the purpose of owning or retrieving information (HACK), performing activities that may qualify as industrial espionage or sabotage, damaging or disrupting systems or information arrays (CRACK), causing other viruses, or remote control systems, interfering with the normal operation of other Internet users and associated networks, performing any activity that may qualify as a crime or an administrative violation according to the Scottish legislation or other applicable law;
Information system / System is any single device or set of interconnected or similar devices that, in the execution of a particular program, provides automatic data processing;
Website within the meaning of these General Terms means an integral and separate part of a website;
IP Address ("IP address ") is an identification number associating a computer device, website, or resource of the Guest/Host in a manner that allows it to be located on the global Internet network;
A password is a code of letters, numbers and characters that, together with the username, identifies the Guest/Host and which, together with the username, serves to access his / her guest/Host profile;
The username is a unique code of letters, numbers and characters chosen by the Guest/Host, through which he / she is individually identified in his relations with Guests/Hosts and Click and Rent LTD;
A User Profile is a separate part of the Click and Rent LTD Platform, containing information about the User required by Click and Rent, stored on it, used and processed in accordance with the Click and Rent LTD Personal Data Policy and in accordance with applicable law, access to the User Profile by the User entering username and password. The User Profile also serves the communication between the User and Click and Rent LTD;
Client Profile is a separate part of Click and Rent, providing publicly partial information about the User, including the data specified by him/her - name, age, birth date, gender, place of residence, photos, as well as specific details about his/her purchases / sales through the Click and Rent LTD platform , as well as information about his or her actions on the platform, which the user has not forbidden through the settings of his/her account, which he/she can access at any time; as well as information about relationships and interactions between the user and other users;
An accident is an unforeseen circumstance at the time of the conclusion of the agreement, which renders the provision of services objectively impossible;
Cookies (cookies) - small text files used in accordance with cookies policy for storing small bits of information locally on the user's device in booking to ensure correct functioning of the platform and to provide the best possible services.
· Your acknowledgment and agreement to the cancellation policies and rules for cancellation / rejection of an booking and the associated charges;
· Your acknowledgment and agreement that the Users are fully responsible for determining whether the accommodation, which they book is sufficient for their needs and requirements;
· Your acknowledgment and agreement that the Hosts in the platform are independent service and accommodation providers, not employees or service providers to Click and Rent;
· Your consent to the collection, use, sharing and transfer of your personal data as specified in the " Privacy Policy " of Click and Rent;
The Click and Rent Platform is a web-based booking platform that enables contact between Guests andHosts to provide accommodation services. " Guests" are individuals or companies who want to receive accommodation services through Click and Rent, and " Hosts" are individuals or companies who wish to provide accommodation services for Guests registered in the platform as such. Hosts and Service Guests are collectively referred to as " Users ".
Accommodation services requested by the Guest which must be satisfied by Hosts are hereinafter referred to as " Services".
Click and Rent LTD does not provide accommodation services through its platform. The provision of all services is carried out by Independent Hosts, which can be found by using the platform Click and Rent.
The Hosts are independent of Click and Rent (legal or natural) service providers. They are not employees, employers, subcontractors, partners, representatives or agents of Click and Rent. Click and Rent does not perform any services and does not hire Hosts for execution of services. The Users should fully appreciate and accept that Click and Rent does not control and monitor the implementation of services and firmly rejects any responsibility and liability, related to the manner and quality of their performance.
The Click and Rent platform creates an opportunity to liaise between the Guests and Hosts only in respect of the performance of the services registered and provided on the platform. Click and Rent is not responsible for the accommodation services provided or communications made between Hosts and Guests, nor does it control the quality, timing, legality, non-provision or any other aspect of the performance of the Services on the Platform. Click and Rent is not responsible for the integrity, quality, responsibility for the actions or omissions of any Guest and Host or the assessments provided by Users with respect to each other. The Company makes no warranty as to the suitability, reliability, timeliness or accuracy of the requested services provided by Click and Rent Platform Contractors.
Platform users check
At the Company's discretion, and without obligation, Users may be subjected to an extensive verification process before they can complete their registration on the Platform for their use. Verification may include identity verification through the use of services of third parties, company verification and license checks for the ability and right to perform the services they offer through the platform. Although the Company may carry out these checks, it is important for the Users to be aware that Click and Rent is not obliged to do so and cannot guarantee that each Consumer is the one for whom he or she impersonates. Click and Rent LTD cannot and does not assume any responsibility for the accuracy, reliability and timeliness of the information provided by the User through the Click and Rent platform.
When engaging in transactions with other Users, you must exercise due care and understanding to protect your personal safety, data and property, just as you would when interacting with other people you do not know. Click and Rent is not responsible for any incorrect or misleading data recorded by the Platform Users. Neither Click and Rent nor any other affiliates are responsible for the behaviour, actions and statements of any Click and Rent Platform users.
For the duration of this Agreement, as a User, you may use the Click and Rent Platform solely for your personal use or for use on behalf of a company or other organisation for which you are legally entitled to represent. Hosts may use the Click and Rent platform to offer services solely with respect to where they are legally entitled to perform the services offered.
• Hosts may not use the Click and Rent Platform for other purposes related to any other commercial endeavour without our express prior written consent;
• The Hosts, by accepting these General Terms and Conditions, agree that the service performance booking is an booking deemed to be such only when the Host receives explicit confirmation of it by the Guest;
• Hosts are obliged to treat Guests fairly and lawfully, to provide a safe and appropriate accommodation for them, which must be in compliance with all applicable laws and regulations, and to cooperate with Guests during their stay;
• Users are obliged to comply with all rules and regulations set out in this Agreement, as well as all other rules stated on the Site;
• Guests confirm that they are aware and agree that the Host they choose may not be available at any time;
• Hosts are obliged to provide their services professionally, in accordance with all applicable laws and regulations and with these General Terms and Conditions for providing services on the platform.
As Click and Rent Platform Users, when using it, you have no right to:
• Defamation, abuse, harassment, threatening, presentation on behalf of another person, misrepresentation and other infringement of the legal rights of other users of the Platform, including Click and Rent LTD employees, as well as using information obtained from the platform or at the time of performance of services for defamation, abuse, harassment, threats, presentation on behalf of another person, misleading or other violation of the legal rights of any employee or User of the company;
• To publish and distribute any false, defamatory, obscene or illegal information on the Platform;
• Use of the Click and Rent platform for any unauthorised purpose, including the publication and performance of services, in violation of applicable national or international law;
• Uploading files that contain software or other material that infringes the intellectual property rights of another User, partner or other third party;
• Uploading files that contain viruses, corrupted files or other information that may interfere with or interfere with the work of another Platform User;
• Posting and uploading any content for which you have not received the necessary rights or permission to use it;
• Advertise or market goods and services through the platform that are not related to Click and Rent services;
• Conducting studies, promotions, events, competitions, Ponzi schemes;
• Representation on behalf of another person, as well as the permission of another person to use your personal account and password to post services, bookings or view comments;
• Posting the same task repeatedly ("Spam") - Spam is strictly forbidden;
• Downloading files posted by other Users that the User knows cannot be distributed through the Click and Rent platform;
• Publishing and distributing any statements not approved by Click and Rent;
• Use of robots, manuals, "hidden texts", scripts and other automatic processes or devices for data extraction, crawling, data collection, publishing, transmission, sale, downloading, management of Click and Rent data by any means is the way;
• Hacking the Platform or any other action that interferes with the Click and Rent Platform, its servers or any of its connected networks;
• To remove or modify in any way all data, subject to copyright, trademark or other proprietary rights of Click and Rent;
• Uploading content on the Click and Rent platform that is offensive, as well as any other content that promotes racism, fanaticism, hatred or incitement to physical harm of any kind against any individual or group of people;
• Uploading content that provides material or access to material that exploits people in a violent manner;
• Use of the Click and Rent Platform to promote any other business, website or service for contacting Contractors on the Platform for employment, contracting or other non-use purposes on the Click and Rent platform;
• Use of the Click and Rent Platform to collect Users' usernames, emails or other personal information electronically or otherwise;
• Use of the Click and Rent Platform or its services, in violation of this Agreement;
• Use of the Click and Rent platform in a manner that is misleading or in booking to gain access to the company's trade secret;
• Attempts to circumvent Click and Rent's payment system, as well as fees for its services in any way, and to provide inaccurate information about invoicing data;
• Registering under different usernames or identities after your account has been suspended or terminated, as well as registering under multiple usernames or fake identities by using fake emails or phone numbers;
By agreeing to this agreement, you represent that you understand that all publications made on the Click and Rent platform may be public, and that you may be publicly identified through your name or login information.
Click and Rent is not responsible for the actions of any User, with respect to any information or material published in the public space on the platform.
Collection and storage of personal data
Some of the materials available on the Click and Rent platform may require pre-registration for access. If you choose to access such materials, you will be required to register. Click and Rent may refuse your registration and you will not be able to use a username, email address or phone number already used by another User, which may be interpreted by Click and Rent as representing to another person, that the data belongs to another person, which infringes the intellectual property or other rights of any person, or that we refuse registration by Click and Rent for any other reason.
When you complete your registration with us, you will be required to provide certain personal information. You represent that this information will be correct, accurate and complete, and that you will update it immediately when a change occurs. If you provide any false or inaccurate information, if it is not up-to-date or incomplete, or if we suspect that your information is incorrect or inaccurate, we may, at our discretion, suspend your right of access to any material for which registration is required. Any identifiable information provided below will be subject to the terms of the Privacy Policy.
Account, password and security
You are the only authorised user of your personal user account. You are solely responsible for maintaining the privacy of any username, password and account provided by you or us to access the Click and Rent Platform. You are solely and fully responsible for all activities performed through your account, except that Click and Rent may, in certain circumstances, gain access to your account to make the changes you have requested, such as a change to data. Click and Rent has no control over the use of the User's account by himself or by third parties and expressly disclaims any liability arising from it. If you suspect that any unauthorised party may be using your account and password or suspect any other breach of security, you should contact us immediately at www.Click and Rent.com via the contact form on the platform.
Identification
In booking to prove your identity, you must provide us with such proof of identity as we rightly ask you to do.
Text messages and phone calls
By using the Click and Rent platform, you expressly agree and accept to receive communications from us, including by text (SMS) messages, calls, emails and other legal means at any of your contact numbers or email addresses, in booking for us to be able to provide the Services, available on the Click and Rent platform, to service your account, to review issues related to your account, to inform you via email about Click and Rent marketing activities.
By agreeing to use Click and Rent, you agree that you may receive communications, including marketing messages, generated by automated systems that will deliver pre-recorded audio / video / text messages and emails sent on behalf of Click and Rent or its affiliates regarding: operational communications about your account; use of the platform, updates to new and existing features of the platform; communications on events and promotions managed by Click and Rent; Click and Rent news. By accepting these Terms and Conditions, you acknowledge that you do not need to give your consent to receive promotional communications as a condition of using the Click and Rent Platform or the services offered through it. If the contact number you provided to us is no longer yours, you must notify us immediately that you can no longer be found on that number. By accepting these Terms and Conditions, you also acknowledge that Click and Rent or its communications service providers may record calls related to Customer Service after obtaining your consent.
Emails
Click and Rent may send you validations, marketing and other emails related to the services provided on the platform. Click and Rent may also send you emails for other services that we think may be of interest to you. You may opt out of receiving such emails at any time by clicking the unsubscribe option located at the bottom of the emails or contacting Us.
VI. Service Agreement between Guest and Host
By accepting these General Terms of Use for the Click and Rent Platform, you acknowledge and agree that a service agreement between the Guest and Host is formed upon agreement between the parties on the terms of service.
The terms of the Service Agreement include all the terms and conditions set out in the section that are offered and accepted on the Booking through the Click and Rent platform.
All terms and conditions agreed through the Guest-Host Agreement, defined and accepted through a Platform Booking, are individually determined by the parties insofar as they do not conflict with the terms of this Agreement and do not extend the obligations of Click and Rent LTD and do not limit the rights of Click and Rent LTD.
By accepting these General Terms, you agree that Click and Rent LTD is not a party to the agreements concluded between Guest and Host, and that these agreements will neither create a working or other relationship between Click and Rent LTD and Hosts / Guests nor create employment relationships between Guest and Host. The role of the company is limited solely to acting as an intermediary, providing an environment for meeting the Guest and Host to search and book accommodation and facilitate payment between them using the payment system implemented in the platform.
The role of the company is limited solely to acting as a payment collecting agent for services to facilitate payment for the service through the Click and Rent platform using a payment system. By acting as a payment agent for specific services on the Platform, Click and Rent assumes no responsibility for the acts or omissions of the User, inside or outside the Click and Rent Platform.
After being approved in advance by the Guest, the Host may not perform the accommodation service personally. In the event that the service will be performed by assistants, subcontractors or other personnel engaged by the Host, the Host assumes full and sole responsibility for the actions and omissions of such persons, including payment of any compensation, damages and expenses to the person, if any.
Applicants to the Click and Rent platform pay for the execution of the services directly to the Hosts. Click and Rent LTD is not, and will not be, a party to the platform implementation and payment agreements. Payment for the performance of services on the Click and Rent platform is made directly by the Guest's Service Provider and through a payment system, not Click and Rent. Click and Rent has no obligation and responsibility to pay Hosts for outstanding payments by the Guest for the Services performed.
Guests pay for the accommodation service through the payment system used on the platform, which provides users with a secured Booking, through which they can be compensated for failure or partial performance of the service.
Users of the Click and Rent Platform will be required to provide details of the selected payment instrument to Click and Rent and the Payment Service Provider.
Guests are responsible for paying for any completed booking, which includes the price terms of the Booking agreed in it.
Guests and Hosts shall use the platform and the adjoining and mobile applications free of charge, unless they request the use of additional extras available on the platform against payment of a fixed fee.
Hosts in the Click and Rent Platform owe a fee for using the platform, which is determined on the basis of the amount for the performance of the accommodation service agreed in the agreement between them, and the terms of the payable amount are individually agreed in an additional agreement between the Host and Click and Rent.
By accepting these Terms and Conditions, each User agrees to be aware of and accept the Agreement for the use of the payment system used on the Click and Rent Platform. Click and Rent is not a party to the Payment Services Agreement, and Click and Rent has no obligations and responsibilities to the User or the operator offering the payment service on the platform.
To prevent fraud and protect user information from risks, Click and Rent and the operator offering the payment system on the platform can validate the user's account before activating it.
The payment for the services on the platform is made after Click and Rent has received confirmation from the Guest that the accommodation service has been fulfilled, with all the conditions laid down in the booking. When the task has been completed and confirmed by the Guest, the latter automatically authorises the payment system to process the payment within 15 (fifteen) calendar days after the end of the month in which the Guest checked-out from the accommodation.
Payment for a performed service shall also be made after obtaining the tacit consent from the parties to the agreement for the performance of the service. A tacit consent to the provision of a service shall be deemed a circumstance in which neither party has objected, through the means available to the platform, for the performance of the service, within the time limits fixed in advance by Click and Rent. The tacit consent of the Guest authorises the payment system to process the payment.
Click and Rent reserves the right (but not the obligation), under certain conditions, at the request of the Guest or Host, or in the event of a suspected fraud or other misuse of the Click and Rent Platform, to freeze the booking and payment until the circumstances of the booking and deciding on the follow-up and development.
Users of the Click and Rent Platform are responsible for any additional taxes and fees that may accompany the performance of the Services.
3.2 Damage Guarantees. Complaints.
The Click and Rent Damage Warranties provide some additional protection to Users with respect to services offered on the platform. Pursuant to this Agreement, Click and Rent may, under certain conditions, indemnify the Host in the event of material damage caused by the Guest during their stay in the accommodation booked through the Platform, the amount of the guarantee that can be repaid by Click and Rent is not more than 200 EUR, regardless of the value of the performed service and the material damage caused. The Applicant for the Service is eligible for the Damage Guarantee provided that he reports to Click and Rent on the damage incurred within seventy-two (72) hours of the guest check-out, fixed in the Agreement. The guarantee cannot be claimed if the Host does not report the damage within seventy-two (72) hours from the time the service is performed.
The damage claimed and the claim for reimbursement for damages will be considered by Click and Rent if the user meets the following requirements:
• The Host has submitted a notification for material damage registration within 72 hours of the Guest’s check-out
• The agreement for the performance of the accommodation service between the Host and the Guest was implemented through the Click and Rent platform;
• The Host, through his actions and omissions, has not breached this Agreement;
• The Host has no outstanding amounts due to Click and Rent;
• Prior to commencement of the stay, the Host indicated to the Guest all the risk and fragile elements with which the Guest must be careful and made every effort to ensure that they are preserved in their entirety.
The Damage Guarantees shall not apply in the following situations:
Claims
Registering a claim in Click and Rent is a claim by one of the parties to the agreement regarding the quality and scope of performance of the service requested through the platform. By claiming, the Guests and Hosts declare their wish to be compensated for failure to perform or partially fulfil the contracted service through a channel in the Click and Rent platform. Click and Rent is not a party to registered complaints and is not responsible for the satisfaction of parties. The Guest and the Host have sole responsibility for the implementation of actions related to the resolution of the dispute.
By adopting this Agreement, Consumers:
• Can register a claim related to the performance of a service contracted on the Click and Rent platform, subject to the terms of this agreement;
• Have the right to respond to a complaint directed at them, subject to the terms of this Agreement;
• Are aware and accept that if they do not respond to a complaint registered to them within the deadline set by Click and Rent, it will automatically be considered satisfied in favour of the country which last responded to it;
• May accept a proposal to satisfy a complaint proposed by the country to which it is addressed, subject to these General Terms and Conditions;
• Can refuse a suggestion for satisfaction of a claim;
• May seek the assistance of Click and Rent to clarify circumstances of a registered service booking that are available on the platform and do not violate the terms of this agreement;
• Are aware and confirm that all subsequent payments related to registered claims will be made through the Click and Rent payment system;
• Are aware and confirm that any additional service performed in order to satisfy the claim, as well as adjustments to services already provided by the Host, will be registered as such in the platform;
• Are aware and confirm that they will use the Click and Rent tool available for registering complaints, which provides a template for describing the problem, as well as possible solutions.
Escalated claim
Provided that, in the case of a registered claim relating to the performance of a service, the parties to the agreement do not reach a settlement agreement and they have the opportunity to escalate the claim to Click and Rent, thereby expressly authorising Click and Rent to decide the dispute, using all the facts and conditions of the implementation of the agreement available on the platform.
Escalation Claim is a service that is only available to bookings, whose payment is made through the payment system operating on the Click and Rent platform.
By escalating a registered claim for the performance of a service on the Click and Rent platform, the User:
• Explicitly authorises Click and Rent to decide on the dispute;
• Undertakes to provide Click and Rent with all facts and evidence related to the requesting and performance of the service subject to the agreement;
• Declares its agreement not to oppose or challenge the decision of Click and Rent regarding the escalated claim;
• Authorises Click and Rent to dispose individually of the amount due for the performance of the service subject to the agreement;
• Declares its agreement to comply with Click and Rent's decision regarding the satisfaction of the registered claim.
At Click and Rent's discretion, we may provide certain promotional opportunities to Guests and Hosts in the Platform. All promotions will be performed at our own discretion and may be activated, modified or removed at any time by us without prior notice to users.
Vouchers
At the discretion of Click and Rent, vouchers or promotional codes for special offers or discounts may be available on the platform, which may be used to pay all or part of the services available on the purchase platform. Vouchers available on the platform may be different, and may be directed to a specific Host or Guest, a specific service and for a term fully defined by Click and Rent. Vouchers can only be used on the Click and Rent platform for the services specified therein. Vouchers cannot be redeemed, cannot be exchanged for another service and cannot be redeemed after their expiry date. Click and Rent is not responsible for vouchers that are not used up on time, as well as those for which for one reason or another the service is not provided by the Host.
By accepting these General Terms, you:
• You agree to use the Voucher in accordance with these Terms and Conditions;
• You agree to abide by all voucher conditions.
Gift cards
Click and Rent Gift Cards can only be used for services offered for purchase on the platform. Gift cards have no monetary value and cannot be exchanged for money.
The conditions that apply to gift cards are:
• Gift cards have a term of 1 year from the moment of their purchase, after which they become inactive for use;
• By accepting these General Terms and Conditions, you agree to abide by all the conditions for using the gift card;
• Gift Cards cannot be replaced if they are lost or stolen and cannot be combined with other gift cards, vouchers and other discounts available on the platform;
• Gift Cards cannot be used for past / past purchases and cannot be used for off-platform payments;
• Click and Rent reserves the right to limit the quantities of Gift Cards purchased by a User, as well as to cancel a Gift Card if it considers that it has been obtained through fraudulent or unauthorised means;
• Unused gift cards cannot be transferred to other persons, you are not allowed to sell and exchange a gift card;
• The gift card becomes invalid if it is copied, modified, transferred or sold;
• Gift card purchases are final and non-refundable;
• Click and Rent reserves the right to correct the amount of the Gift Card if it considers that a payment error has occurred and disclaims any responsibility for any errors in its invoicing;
• Gift Cards and their use are subject to this Agreement and the purchase and use of a Gift Card constitutes an express acceptance of these Terms;
• The applicable terms and conditions are subject to change without notice.
The Click and Rent platform can allow you to access services on the Click and Rent platform by downloading mobile applications designed for this purpose - for Guests and Hosts, through which you create user content in Click and Rent and receive messages on your mobile device. The owner of the mobile device may disable or restrict certain mobile features, and some mobile features may be incompatible with your mobile operator or mobile device. Keep in mind that your carrier may charge you for standard messaging, data, and other charges for various mobile features. Click and Rent is not responsible for any other charges that may be incurred while using Click and Rent's mobile applications. In the event of such obligations, you should contact your network operator to find out what plans are available and how much they cost. You are fully committed to contacting your mobile carrier for any other issues related to such services and charges
By accepting these General Terms and Conditions:
• You acknowledge that your use of Click and Rent's mobile applications is in accordance with all the terms and conditions set out in the terms of use of the third party providing the mobile device on which the application operates;
• That you are aware and accept that Click and Rent is not responsible if you do not have a compatible mobile device or if you download the wrong version of the application for your mobile device. Click and Rent reserves the right to terminate the use of the applications if you use them through incompatible or unauthorised devices;
• That you are aware and accept that applications may only be downloaded from licensed application stores;
• You acknowledge and agree that this Agreement is only valid between you and Click and Rent and that the Mobile Operator as well as the mobile device manufacturer is not a party to this Agreement;
• Without limiting the provisions of this Agreement, you must comply with all applicable terms of any third-party agreements when using the Annex.
After registering to use the Click and Rent Platform, Users are entitled to receive loyalty rewards and other special offers at the discretion of Click and Rent. The number, type and frequency of rewards are based on a number of factors, each of which is subject to change by Click and Rent, without notice to Users. These factors may include the number of services requested, the number and frequency of visits to our website, the rating and recommendations of the User and the interaction with our website or the nature of the services purchased by the User.
Prizes available on the Click and Rent platform may be available with various descriptions. Consumer rewards may include various discounts on services available on the platform, gift cards and other Click and Rent selected benefits, access to the platform. These types of prizes are provided solely at the discretion of Click and Rent, and may be offered for a limited time. The number of prizes awarded is limited, with Click and Rent determining their number and validity.
Prizes in the Platform are promotional in nature and have no monetary value, may be limited in terms of quantity and duration and serve only as a means of encouraging users using the Platform. The prizes provided on the platform are for the individual User and cannot be shared, copied or transferred to another. Prizes are non-refundable and are not exchangeable between Users.
Prizes available on the platform can be promotional, as well as providing the opportunity to use a variety of extras and amenities, and the nature and timing of these are determined by Click and Rent.
In order to receive a prize, you must be logged in and use the platform through your account. Prizes received on the platform can only be added to your individual user account.
Prizes received on the platform shall immediately become void in the event of fraud, abuse or breach of any of the terms of this Agreement.
Click and Rent reserves the right to change and terminate the terms and conditions of the rewards that it provides to its Users on the platform at any time, without any obligation to notify the users thereof.
Click and Rent reserves the right to cancel user awards at any time. No expired refunds or special prizes will be awarded. Click and Rent reserves the right to change or update its Place Prize and Qualified Purchases and Activities from time to time without notice.
Duration
This Agreement shall continue in full force and effect until terminated by either Party.
Termination by Click and Rent
Click and Rent may terminate or limit your right to use the Click and Rent Platform in the event that you are suspected of violating any of the provisions of this Agreement, and have the right (but not the obligation) to provide you with a written or email notification of the violation that you they have also taken the measures that have been taken. Restricting access to the platform will take effect immediately.
If Click and Rent LTD terminates or restricts your right to use the platform, you are prohibited from registering and creating a new account with your name, false name or third party name, even if you may act on behalf of the third party. If Click and Rent LTD terminates or restricts your right to use the Click and Rent Platform as an Applicant due to a breach of any of the terms of this Agreement, you will not be entitled to a refund of any unused balance in your account portfolio.
Even after your right to use the Click and Rent Platform is terminated or restricted, this Agreement will remain applicable to you. Click and Rent reserves the right to take appropriate legal action if it deems it necessary.
Click and Rent reserves the right to change or suspend, temporarily or permanently, all or part of the Click and Rent Platform at its sole discretion. Click and Rent LTD is not liable for modifying or suspending all or part of the Click and Rent Platform. Click and Rent has the right to restrict anyone from completing their registration as a User if they have doubts that this person may jeopardise the safety and integrity of the Click and Rent Platform or if, at the discretion of Click and Rent LTD, such restriction is necessary to deal with a business problem.
You may terminate this Agreement at any time by terminating any use of the Click and Rent Platform. All parts of this Agreement which by their very nature should be subject to termination shall continue in full force and effect.
Termination by the User
You may terminate this Agreement by permanently suspending usage of the Click and Rent Platform and by deleting any account you have registered with the Click and Rent Platform. If you attempt to terminate this Agreement while there are still unpaid services requested by your account, this Agreement will not be terminated until the Services have been paid, duly cancelled or otherwise rescinded;
By accepting this Agreement, you declare that you are aware of and agree to any conditions of cancellation of the Booking contained therein. Click and Rent is not a party to the Service Agreement between the Guest and the Host and shall not be liable for the cancelled Bookings, regardless of the reason for the refusal and the results thereof.
By accepting this Agreement, the User declares his / her agreement that:
• will promptly inform the other party to the performance of the service, in the event of a circumstance necessitating the cancellation of the contract, in accordance with the terms and conditions in this Agreement;
• The pre-paid amount for the execution of the booking contract will not be refunded to the Guest if the refusal is made within a period of less than 24 hours from the confirmed date and time for its execution;
• You owe a fixed fee for the maintenance and management of the services on the platform in the amount determined by Click and Rent / 5% of the price of the contracted service excluding any applicable VAT /, if you cancel the service within less than 2 days before the confirmed date and time of execution service.
• Click and Rent has the right, under certain conditions, to set limits on the number of confirmed bookings cancelled by Users and, upon reaching it, at its sole discretion, terminate access to the platform of Users who have exceeded them, without expressly notifying them;
• Click and Rent has the right, under certain conditions, to impose restrictions and to modify the terms of access to the Platform, including pricing of Users that it considers to unlawfully and maliciously refuse bookings, thereby harming other participants in the Platform.
• In case the Host cancels a confirmed accommodation service contract, the platform informs the Guest and recommends to the Guest the choice of another Host. However, Click and Rent cannot guarantee that the cancelled service booking will be confirmed and executed by another Host.
Click and Rent is not responsible for any outstanding services by the Hosts on the Platform and cannot be held responsible for this.
"User Generated Content" means any information and material provided to Click and Rent, its partners or other Users in connection with registering Users for use of the Click and Rent Platform.
By accepting these Terms, you agree that you are solely responsible for User-Generated Content, with Click and Rent acting solely as a passive channel for the online distribution and publication of content generated by Platform Users.
By accepting this agreement, you acknowledge and agree that Click and Rent does not participate in the creation and distribution of "User Generated Content", is not responsible for "User Generated Content and cannot be held responsible for claims arising out of or related to" Generated User Content ".
Also, by this agreement you acknowledge and agree that Click and Rent has no obligation to monitor, view or remove user-generated content.
With this agreement, you agree and warrant to Click and Rent LTD that the content you generate:
• will not be false, inaccurate, incomplete or misleading;
• will not be fraudulent or involve the sale of counterfeit or stolen items;
• will not infringe any copyrights, patents, trademarks, trade secrets or other proprietary rights of third parties;
• will not violate laws, regulations or regulations;
• will not be defamatory, illegal, threatening or provoking harassment;
• will not be obscene or contain pornographic content;
• will not contain viruses, bots, or other computer programs designed to harm and interfere with and intercept third party data and personal information;
• will not mislead that you are hired or directly engaged or affiliated with Click and Rent to create liability for Click and Rent LTD;
By accepting this agreement, you agree that Click and Rent is not responsible for the Host Feedback or other user-generated content. Click and Rent encourages each Guest to give an objective, constructive and honest evaluation of the other Platform Users. Click and Rent is under no obligation to investigate any comments, opinions, comments posted by Users for truth or correctness, but reserves the right to do so at its discretion.
By this agreement, you grant Click and Rent LTD the exclusive and irrevocable right to exercise all copyrights, publicity rights and any other rights for user-generated content for the purpose of managing and enhancing the Click and Rent Platform.
Any Host who provides Click and Rent with a video, movie, other recording, photo, voice, or any related instrumental, musical, or other sound effects, in return for the right to use the Click and Rent Platform, agrees to waive all moral rights over this content and grants Click and Rent the right to:
• Distribute, display, transmit and broadcast through all media, use, reproduce, modify this Performance Data;
• Use and allow the use of data generated by Users in advertising, marketing and other activities aimed at promoting the Click and Rent platform;
Each Host, by registering on the Click and Rent Platform, declares and warrants that it has the legal right to grant the rights set out above.
By accepting this agreement, you agree that Click and Rent does not owe any financial or other remuneration for the use of the data provided by the Hosts, either for initial or subsequent use. You further agree that Click and Rent shall not be liable for any costs or liabilities arising out of the use, loss, misuse of this performance data.
The Click and Rent Platform may contain links to third-party websites. Such links do not require, and are not subject to, the approval of the Company, the association with these websites or their operators. Such links are provided as an information service, for reference and convenience only. Click and Rent does not control such websites and is not responsible for their availability or the correctness of the content, advertising, products or services. It is the sole responsibility of Users to evaluate the content and usefulness of information obtained from other websites.
By accepting these Terms, you acknowledge and agree that Click and Rent does not participate in the creation and publication of third-party websites and disclaims any responsibility for third-party websites, and is not responsible for claims arising from third-party websites. You further acknowledge and agree that Click and Rent is under no obligation to monitor, review or remove links to third-party websites, but reserves the right to restrict or remove links to third-party websites in the Click and Rent Platform if it deems necessary.
Your use of any website, controlled, owned or operated by third parties, is governed by the terms and conditions of use and privacy policies of those websites. Access to such websites is your sole responsibility. Click and Rent expressly disclaims any responsibility arising from the use and viewing of any websites or other materials that may appear on the Click and Rent Platform.
As part of the functionality of the Click and Rent platform, you have the opportunity to link your account to other online accounts you may have.
With this agreement, you represent that you have the right to disclose login information to your Click and Rent account as a third party and to grant Click and Rent access to your data without violating any of the terms governing the use of applicable third party account and without requiring Click and Rent to pay any fees.
Unless otherwise stated in the General Terms and Conditions, all content of the Social Networking Service (SNS), if any, is considered to be content generated by the User. Depending on the third-party plans you choose and subject to the privacy settings you set in third-party accounts, your personally identifiable information that you post to your accounts there may be accessible through your Click and Rent account.
Please note that if a third party account or related service becomes unavailable or Click and Rent's access to such account is terminated by the service provider, then SNS content may not be available on the Click and Rent platform as well.
Please note that your relationships with third-party service providers are only governed by your agreements with those providers.
Click and Rent makes no effort to review any SNS content for accuracy, legality or correctness, and Click and Rent is not responsible for SNS content.
All text, graphics, editorial content, data, formatting, graphics, designs, HTML, photos, music, sounds, images, software, videos, trademarks, logos, fonts and other content that users see and read through the Click and Rent platform are ownership of Click and Rent, except User Generated Content for which they grant Click and Rent a right of use.
Click and Rent's own material is protected in all forms, media and technologies already known or developed. Click and Rent owns all proprietary materials, as well as the coordination, selection, arrangement and enhancement of such proprietary materials under Copyright, Designs and Patents Act 1988. Own material is protected by domestic and international law governing copyright, patents and other property rights.
Users may not copy, download, use, redesign, reconfigure or retransmit anything from the Click and Rent Platform without the express prior written consent of Click and Rent. Any use of such material, without the express consent of Click and Rent, is expressly prohibited.
The names of Click and Rent's services and trademarks, including Click and Rent and the Click and Rent logo, are trademarks of Click and Rent LTD. All other trademarks, logos and trade names used on the Click and Rent platform are the property of their respective owners. You may not copy or use any of these trademarks, logos or trade names without the express prior written consent of the owner.
Click and Rent respects the intellectual property of others and expects its Users to do the same. If you believe that there are any materials provided to Click and Rent that infringe your copyright or other intellectual property rights, please contact us immediately at: Click and Rent Ltd. 36 St.Mary’s Street, Edinburgh, EH1 1SX or info@clicknrent.co.uk, indicating:
• A description of the copyrighted work that you claim has been infringed, including the URL or other specific location on the Click and Rent platform where the material you claim infringes your intellectual property is located. Please provide us with sufficient information to enable Click and Rent to locate the material and explain in detail why you believe the infringement was committed;
• A detailed description of the location where the original or authentic copy of the copyrighted work exists - for example, the URL where it was published or the name of the book / article / material in which it was published;
• Your address, telephone number and email address;
• A statement by you that the use of the relevant data is not authorised by the copyright owner, his agent or the law;
• your confirmation that the information in your application is correct and that you are the copyright holder or authorised to act on behalf of the copyright owner;
• An electronic or physical signature of the copyright owner or of a person authorised to act on behalf of the copyright owner.
By accepting this agreement, you acknowledge that the Confidential Information is a valuable, special and unique asset of Click and Rent and agree that you will not disclose, transfer, use any confidential information for any purpose other than good faith use of the Click and Rent platform in accordance with these Terms and Conditions.
If necessary and appropriate, you may only disclose confidential information to authorised employees and partners, provided that they are also explicitly required to maintain the confidentiality of the information. You must immediately notify Click and Rent in writing of any circumstances that may constitute unauthorised or fraudulent disclosure, transfer or use of confidential information.
By accepting these Terms and Conditions, you warrant that you will use your best endeavours to protect the confidential information from unauthorised and fraudulent disclosure, transfer or use.
The term "Confidential Information" means any trade secret, confidential and proprietary information and any other Click and Rent information that is not known to the public or other third parties that may derive economic or other value from the use of Click and Rent Confidential Information. Confidential information is also considered any technical data, know-how, research, product plans, products, services, customers, markets, software, development, inventions, processes, formulas, technologies, designs, drawings, engineering, hardware configuration information, marketing, financial, strategic, and other proprietary and confidential information related to Click and Rent's business, operations, or properties, including information about Click and Rent's staff, users, or partners.
The validity, interpretation, construction and implementation of these General Terms and Conditions shall be governed by the Scottish laws.
Click and Rent LTD reserves the right, at its own and absolute discretion, to modify, change, supplement, terminate or delete any of the terms of this Agreement and to review, improve, modify or terminate, temporarily or permanently, the Click and Rent Platform or any of its Content or information on the platform at any time, with or without notice and without any liability for Click and Rent.
Click and Rent LTD strives to always notify Users of any material changes made to the Terms and Conditions by email or other convenient means, however, Click and Rent shall not be liable in the event of non-compliance with this condition.
Should any future changes to these Terms and Conditions be unacceptable to you, you should immediately cease using the Click and Rent Platform. Your continued use of the Click and Rent Platform after each revision of this Agreement constitutes the express and irrevocable acceptance of any changes to the Terms and Conditions. The company may also impose restrictions on certain features or restrict your access to a portion of the Click and Rent platform without notice.
y accepting this Agreement, you agree to receive any additional agreements, notices, notices and other communications (collectively, "Notices") to which this Agreement applies by electronic means, by email, or by posting Notices on the Site and in mobile applications belonging to the platform.
By this agreement, you also agree that all Notices provided electronically to you comply with any legal requirement that such communications be in writing. Unless otherwise stated in this Agreement, all notices sent to you will be in writing and will be deemed to have been duly transmitted when certified to be received.
If you have questions, regarding this Agreement, please contact us at info@clicknrent.co.uk or at the following address:
Click and Rent LTD
36 St. Mary’s Street
Edinburgh
EH1 1SX
EXPRESSLY CONFIRM THAT I AM FAMILIARISED AND ACCEPT THESE GENERAL TERMS OF USE OF PLATFORM CLICK AND RENT, AND DECLARE THAT THE USE OF THE PLATFORM WILL COMPLY WITH ALL TERMS AND CONDITIONS OF THIS AGREEMENT.
XXII. Last updated: 01/11/2020
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