XPLORER APP BUSINESS TERMS AND CONDITIONS
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Introduction
- These 'Business' Terms and Conditions ("Terms") govern the relationship between
Xplorer and parent company Redrock Designs Ltd ("Xplorer," "Company,"
"we," "us," or "our") at registered office 2ND FLOOR,10-12 BOURLET CLOSE, LONDON,
W1W 7BR, a company registered in England and Wales with company number
14219451 and the 'Business' user ("'Business'," "you," or "your") relating to
the provision of our platform, products, and services.
- By using our platform, products, or services, you agree to be bound by these Terms.
If you do not agree with any part of these Terms, you must not use our platform,
products, or services.
- Please read these Terms carefully. By accessing or using the Platform (including
enabling anyone else to do so) or by completing your registration within Xplorer
App, you are agreeing that these Terms will govern your use of the Platform
and your overall relationship with Redrock Designs Ltd.
- These Terms were most recently updated on 8th May 2023.
- We shall keep a copy of these Terms, but you are advised to print and keep a copy of
these Terms and each amended version for your own records and future reference.
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CHANGES TO THE TERMS
- We may modify the Terms from time to time. The most current version of the Terms
will be located here. You understand and agree that your access to or use of the
Service is governed by the Terms effective at the time of your access to or use of
the Service. If we make material changes to these Terms, we will notify you by
email, by posting notice on the Service, and/or by other method prior to the
effective date of the changes. We will also indicate at the top of this page the
date that such changes were last made. You should revisit these Terms on a regular
basis as revised versions will be binding on you. You understand and agree that your
continued access to or use of the Service after the effective date of changes to the
Terms represents your acceptance of such changes.
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TRANSLATION
- We may translate these Terms into other languages for your convenience.
Nevertheless, the English version governs your relationship with Redrock Designs
Ltd, and any inconsistencies among the different versions will be resolved in favour
of the English version.
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USING THE SERVICE
- Eligibility. To access or use the Service, you must have the requisite power
and authority to enter into these Terms. You may not access or use the Service if
you are a competitor of Xplorer App or if we have previously banned you from the
Service or closed your Account.
- Permission to Use the Service. We grant you permission to use the Service
subject to these Terms. Your use of the Service is at your own risk, including the
risk that you might be exposed to Content that is offensive, indecent, inaccurate,
objectionable, incomplete, fails to provide adequate warning about potential risks
or hazards, or is otherwise inappropriate.
- Service Availability. The Service may be modified, updated, interrupted,
suspended, or discontinued at any time without notice or liability.
- Accounts. You must create an Account and provide certain information about
yourself in order to use some of the features that are offered through the Service.
You are responsible for maintaining the confidentiality of your Account password.
You are also responsible for all activities that occur in connection with your
Account. You agree to notify us immediately of any unauthorized use of your Account.
We reserve the right to close your Account at any time for any or no reason. Your
Consumer Account is for your personal, non-commercial use only, and you may not
create or use a Consumer Account for anyone other than yourself. We ask that you
provide complete and accurate information about yourself when creating an Account in
order to bolster your credibility as a contributor to the Service. You may not
impersonate someone else, provide an email address other than your own, create
multiple Accounts, or transfer your Consumer Account to another person without
Xplorer App's prior approval.
- Communications from Xplorer App and Others. By accessing or using the
Service, you consent to receive communications from other users and Xplorer App
through the Service, or through any other means such as emails, push notifications,
text messages (including SMS and MMS), and phone calls. These communications may
promote Xplorer App or businesses listed on Xplorer App, and may be initiated by
Xplorer App, businesses listed on Xplorer App, or other users. You further
understand that communications may be sent using an automatic telephone dialling
system, and that you may be charged by your phone carrier for certain communications
such as SMS messages or phone calls. You agree to notify us immediately if the phone
number(s) you have provided to us have been changed or disconnected. Please note
that any communications, including phone calls, with Xplorer App or made through the
Service may be monitored and recorded for quality purposes.
- You can opt-out of certain communications here.
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Platform Services and Features
- You need to register to use the Platform and be able to access the functionality
that we make available to Businesses via Xplorer App.
- We reserve the right to decline a new registration for any reason.
- Xplorer App and its licensees may publicly display advertisements, paid
content, and other information nearby or in association with Your Content. You are
not entitled to any compensation for such advertisements. The manner, mode and
extent of such advertising are subject to change without specific notice to you.
- Access to the Platform will start once we have notified you by email that we have
accepted your registration. Until that point, the Platform functionality will not
have started and completion of your registration and profile information will be in
preparation for commencement of your use of the Platform.
- We provide a range of services and features through the Xplorer App, as
described on our website, marketing materials, or in a separate service agreement.
We reserve the right to modify, suspend, or discontinue any service or feature
without notice, subject to fulfilling our existing commitments to you.
- We may offer additional or customized services and features subject to separate
terms and conditions, which shall be provided to you at the time of offering such
services or features.
- We are not responsible for any reviews on Xplorer App, these are the
responsibility of the person(s) who have submitted them. If these breach our 'user
Terms of Service' then they will be removed. take no responsibility and assume no
liability for any Content posted, stored, transmitted or uploaded to the Services by
you (in the case of your Content) or any third party (in the case of any and all
Content more generally), or for any loss or damage thereto, nor Xplorer App
liable for any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As a provider of interactive
services, the Xplorer App is not liable for any statements, representations
or any other Content provided by its users (including you as to your Content) in the
websites or any other forum. Although the Xplorer App has no obligation to
screen, edit or monitor any of the Content posted to or distributed through any
Interactive Area, Xplorer App reserves the right, and has absolute
discretion, to remove, screen, translate or edit without notice any Content posted
or stored on the Services at any time and for any reason, or to have such actions
performed by third parties on their behalf, and you are solely responsible for
creating backup copies of and replacing any Content you post or otherwise submit to
us or store on the Services at your sole cost and expense.
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'Business' Responsibilities
- You agree to provide accurate and up-to-date information for your 'Business' page on
the Xplorer App, including contact details, hours of operation, and any relevant
offerings or promotions.
- You agree to comply with all applicable laws and regulations and to maintain a high
standard of customer service and satisfaction.
- To register for access to the Platform, you agree to supply us with relevant
information we request from you such as your name, address, business contact,
website, email address, telephone number, username (which you may need to replace if
your desired one is unavailable), password and such other contact details as we may
require and you must provide to us at the same time all information and
documentation that meets the Hospitality Services Requirements. You may also be
given the opportunity to register other information. To understand how we use that
information, please see our Privacy Policy.
- You must not choose a password that can be readily guessed. You must keep your
password strictly confidential and secure and immediately change your password using
the functionality on the Platform and notify us if you suspect that any unauthorised
third party becomes aware of that password or if you become aware of any
unauthorised use of your email address or password or there is any breach of
security known to or suspected by you. You agree that any person to whom your
username or password is disclosed is authorised to act as your agent for the
purposes of using the Platform. You are entirely responsible if you do not maintain
the confidentiality of your password. You are also entirely responsible for bringing
these Terms to the attention of all persons who may access the Platform through your
password or your internet connection. You agree to regularly change your password
and in any event when we require.
- You alone are responsible for Your Content, and once posted to Xplorer App, it
cannot always be withdrawn. You assume all risks associated with Your Content,
including anyone's reliance on its quality, accuracy, or reliability, and any risks
associated with personal information you disclose. You represent that you own or
have the necessary permissions to use and authorize the use of Your Content as
described herein. You may not imply that Your Content is in any way sponsored or
endorsed by Xplorer App.
- You may expose yourself to liability if, for example, Your Content contains material
that is false, intentionally misleading, or defamatory; violates any third-party
right, including any copyright, trademark, service mark, patent, trade secret, moral
right, privacy right, right of publicity, or any other intellectual property or
proprietary right; contains material that is unlawful, including illegal hate speech
or pornography; exploits or otherwise harms minors; violates or advocates the
violation of any law or regulation; or violates these Terms.
- You acknowledge that users may post reviews, photos, or comments about their
experiences with your 'Business' on the Xplorer App platform, and you agree to
address any negative feedback or customer concerns in a timely and professional
manner.
- You are responsible for providing Users with all necessary information about Your
Hospitality Services including Your Terms of Service.
- Any 'Offer' that you post is your responsibility to be accurate and correct. Any
'Offer' posted must be honoured as shown, Xplorer App accepts no responsibility if
'Offers' are incorrect and are the sole responsibility of the 'Business' to ensure
accuracy.
- If you are making any products or services available on behalf of a third party,
then that relevant third party may have its own applicable terms and conditions
relating to its own products and services, and you agree to abide by and require the
User to abide by those terms and conditions if applicable. We are not a party to any
relationship with such third party.
- Specifically, without prejudice to the generality of any of the other
provisions in these Terms:
- we are not responsible for the accuracy, quality, safety or legality of any
User's acts, omissions, or premises.
- we are not responsible for Users to co-operate with you;
- any Reservation, arrangement, meeting, or communication of you (or anyone on
whose behalf you are acting) with any User (or anyone on whose behalf that
User is acting) as a result of use of the Website or Platform is entirely at
your own risk;
- we shall in no circumstances have any liability whatsoever in respect of any
such Reservation, arrangement, meeting or communication or any User's
failure to comply with such Reservation, arrangement, meeting, or
communication;
- we shall in no circumstances have any liability for any act or omission of
any third party (including any User); and
- we will not be responsible for any liability, loss, damage, injury, cost,
expense, fine, demand, claim or proceeding
incurred by any person
(including for death, personal injury, damage to property or pure financial
loss) arising out of or in relation to any such Reservation, arrangement,
meeting or communication (including failure to provide or delay in providing or
receiving any services or products, or errors in any information provided to us
or to you by that other person).
- You must promptly comply with all reasonable and lawful instructions of either
Redrock
Designs Ltd or Xplorer Appin how you use and interact with the
Platform.
- You shall have no authority, and shall not hold yourself out, or permit any person
to hold
themselves out, as binding Xplorer App, or otherwise create the impression
that any
person is authorised to bind Xplorer App in any way, and you shall not do any
act
which might reasonably create the impression that you or they are so authorised.
- You shall not make or enter into any contracts or commitments or incur any liability
for or
on behalf of Xplorer App, including for the provision of Your Services.
- You shall not during the term of this agreement perform activities similar to that
of
Xplorer App, the Website or the Platform.
- You shall not produce any marketing material for the Services or use Xplorer App's
name, logo or trade marks on any marketing material that is owned or licensed for
use by
Xplorer App without the prior written consent of Xplorer App, or otherwise in
accordance
with these Terms, and if consent is given then you shall do so in accordance with
the Brand
Guidelines which will be given if the request is granted.
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Subscription and Payment Terms
- Access to the Xplorer Appplatform and its features may be subject to a
subscription fee, as determined by Xplorer App. You agree to pay the
subscription fee and any other applicable fees for additional services or features
you choose to use.
- Subscription fees are payable monthly or annually in advance, as agreed between you
and Redrock Designs Ltd. Payments must be made by the due date as mentioned
within your agreement (generally on the last business day of each month, to maintain
access to the platform and its features.
- Xplorer App reserves the right to modify its fees and payment terms at any
time, with prior notice to you. Your continued use of the platform following such
notice constitutes your acceptance of the revised fees and payment terms.
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Suggestions & Improvements
- By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree
that:
- your Feedback does not contain any third party confidential or proprietary
information,
- we are under no obligation of confidentiality, express or implied, with
respect to the Feedback,
- we may have something similar to the Feedback already under consideration or
in development,
- we have no obligation to review, consider, or implement the Feedback, or to
return to you all or part of the Feedback, and
- you grant us an irrevocable, non-exclusive, royalty-free, perpetual,
worldwide, assignable, sublicensable, transferable license to use, modify,
prepare derivative works of, publish, distribute and sublicense the
Feedback, and you irrevocably waive, and cause to be waived, against Yelp
and its users any claims and assertions of any moral rights contained in
such Feedback.
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Representations & Warranties
- We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You represent and warrant that:
- You have read and understood our Content Guidelines;
- You have read and understood our Privacy Policy. If you use the Service outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America; and
- Prior to attending any event listed on the Service, you have read and agree to our Event Terms and Conditions.
- You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
- Violate our Terms, including the Content Guidelines and Event Terms and Conditions;
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account in accordance with the Business Terms;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results, review Recommendation Software (as defined in the Business Terms below), or any third-party website;
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Yelp;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by Yelp (for example, as described at www.yelp.com/robots.txt);
- Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days' prior written notice here;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about users;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Yelp's technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
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Representations & Warranties
- As between you and Xplorer App, you own Your Content. We own the Xplorer App Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Xplorer App Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Xplorer App Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Xplorer App Content are retained by us.
- We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Xplorer App and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyse, commercialize, and prepare derivative works of Your Content.
- Except as expressly permitted elsewhere in these Terms, all intellectual property rights of any nature anywhere in the world (including all copyright, database rights, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements), whether registered or unregistered) in the Website and the Platform, information and content and material on or accessible from the Website or the Platform itself or any part of it, the Branding Guidelines, any database operated by us, the software on the Website and all the Website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights not expressly granted by us are reserved.
- None of the material described in Clause 8.1 may be reproduced or redistributed without our prior written permission except as expressly permitted elsewhere in this agreement. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices in any electronic or hard copy of the material or the Website. You shall not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
- No part of the Website, Platform or material described in Clause 8.1 may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission or as provided by law.
- If you quote from the Website, you must do so fairly and give due accreditation to the author and us and reference to the Website.
- All rights (including goodwill) in the Redrock Designs Ltd brands, trademarks, names and logos are owned by us (or our licensors). Other product and company names mentioned on the Website belong to their respective owners.
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Termination
- Either party may terminate this agreement upon written notice if the other party breaches any material term or condition of these Terms and fails to cure such breach within thirty (30) days of receipt of written notice thereof.
- Upon termination of this agreement, you shall immediately cease use of the Xplorer platform and any associated materials or intellectual property.
- If this agreement is terminated by the 'Business' and a years subscription has been paid in full then refund will be at the discretion of Xplorer App.
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Variations
- Xplorer App reserves the right to vary this agreement and any documents referred to in it at any time, by notifying you. We shall give you at least 15 days’ warning of variations to this agreement (or longer if proportionate to the nature and extent of the envisaged variations when this is necessary to allow you to make technical or commercial adaptations to comply with the variations) unless Clause 10.3 applies, you may terminate this agreement with immediate effect by notifying us and cease using the Website if you do not wish to be bound by the variations. However, your continued use of the Services or the Website after the variations take effect will be deemed to constitute your acceptance of the variations.
- Xplorer App reserves the right to change, modify, substitute or remove any information or service on the Website, the Platform or forming part of the Services that Xplorer App provides to you from time to time. We shall give you at least 15 days' warning of the change, modification, substitution or removal or longer if proportionate to the nature and extent of the envisaged changes if necessary to allow you to make technical or commercial adaptations to comply with the change, modification, substitution, suspension or removal, unless Clause 23.4 applies. If you object to such change, modification, substitution or removal, you shall have the right to terminate this agreement effective at or before our notice taking effect, by you notifying us of the termination. However, your continued use of the Services or the Website after the change, modification, substitution or removal takes effect will be deemed to constitute your acceptance of the change, modification, substitution or removal.
- The notice period set out in Clauses 10.1 or 10.2 shall not apply where Xplorer App:
- is subject to a legal or regulatory obligation which requires it to make a variation, change, modification, substitution or removal in a manner which does not allow it to respect the notice period referred to in Clauses 23.2 or 23.3;
- has exceptionally to make the variation or change, modification, substitution or removal to address an unforeseen and imminent danger related to defending Xplorer App, the Services, Users or Businesses from fraud, malware, spam, data breaches or other cybersecurity risks; or
- the changes are of an editorial nature, such as those altering the layout, but do not change the content or meaning of any of the Terms.
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Severance
- If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of this agreement.
- If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
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Liability and Indemnifica
- Each party shall indemnify and hold harmless the other party, its officers, directors, employees, and agents, from and against any and all claims, damages, or expenses (including reasonable legal fees) arising out of or related to the indemnifying party's breach of these Terms or any negligent or wrongful act or omission.
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Entire agreement
- This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
- Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
- Nothing in this clause shall limit or exclude any liability for fraud.
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Governing Law and Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.
- Any disputes arising under or in connection with these Terms shall be resolved by mediation or, if necessary, litigation in the United Kingdom and each party hereby consents to the jurisdiction of such mediation or litigation. The prevailing party in any dispute arising out of this Agreement shall be entitled to recover its reasonable attorneys' fees and costs.
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Miscellaneous
- These Terms contain the entire understanding of the parties with respect to their subject matter and supersede all prior and contemporaneous agreements and understandings, whether oral or written.
- No amendment, modification, or waiver of these Terms shall be effective unless in writing and signed by both parties.
- If any provision of these Terms is held to be unenforceable, the remaining provisions shall remain in full force and effect.
- The failure of either party to enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision.
- These Terms may not be assigned by either party without the prior written consent of the other party, except that Xplorer may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.
- Any notices required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, or three (3) days after being sent by certified or registered mail, postage prepaid, return receipt requested, to the address of the receiving party specified in this Agreement or at such other address as either party may designate by notice to the other party.
- You shall ensure that all Material provided by or on behalf of you to us, the Website, the Platform and/or other Users (whether through the Platform or otherwise) is true, complete and accurate and you shall promptly inform us of any changes to such information, if possible by using the relevant function on the Platform or Website. You acknowledge that we do not verify any Material provided by or on behalf of you to us. As such, you agree that you are solely responsible for any inaccuracies or errors in the Material provided by or on behalf of you to us. In particular, you agree you shall be entirely responsible to provide full, accurate and up-to-date information to Users and anyone else who receives or may wish to receive Your Hospitality Services. You agree to make any necessary changes to information relating to your Reservations and arrangements with Users directly with those other Users.
- We will use our reasonable endeavours to ensure that any information on our database regarding Users is up to date. However, you acknowledge that there may be a time delay in updating this information.
- We shall use our reasonable endeavours to correct any errors or omissions in the Platform or Website as soon as practicable after being notified of them. However, we do not guarantee that the Platform or the Website will be free of faults, and we do not accept liability for any errors, omissions, or faults. In the event of a fault in the Platform or Website, you should report it by email immediately to: hello@xplorerapp.com
- We do not give any warranty that the Platform or the Website is free from viruses or anything else which may have a harmful effect on any technology.
- Nothing on the Website or Platform shall constitute advice specific to your circumstances or a recommendation.
- We assume no responsibility for the content or services of any other websites or services to or from which the Website or the Platform has links. Any such links are provided "as is" with no warranty, express or implied, for the information provided within those sites.