Terms

Terms of Use

1. Acceptance of the Terms of Use

These Terms of Use (the “Terms”) constitute a legally binding agreement that governs your visits to www.GroupandPay.com (the “Site”). The Site is owned and operated by DIYHolidays Limited (“We,” “Us,” or “Our”). By visiting the Site, you agree to be bound and to the fullest extent abide by these Terms of Use, as well as our Privacy Policy available at www.GroupandPay.com/Privacy. If you disagree with any provision of these Terms or the Privacy Policy, you must exit the Site.

2. Neutral Venue

THE SITE IS A NEUTRAL VENUE WHICH IS NOT A PARTY TO ANY INTERACTIONS OR ARRANGEMENTS BETWEEN ITS MEMBERS. WE DO NOT VERIFY THE TRUTH OR ACCURACY OF USER INFORMATION AND HAVE NO CONTROL OVER USER SUBMITTED CONTENT, INFORMATION OR CONDUCT. THEREFORE, WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONTENT, INFORMATION, CONDUCT AND ARRANGEMENTS. OUR ONLINE VENUE IS PROVIDED TO BE USED AT YOUR OWN RISK, WITH NO WARRANTIES OF ANY KIND.

3. Intellectual Property

a. IP Ownership. DIYHolidays Limited owns all intellectual property rights to the Site. Site contents, look and feel, features, design, registered and unregistered trademarks are protected by the U.S. and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.

b. Limited License. When you submit content covered by intellectual property rights (e.g. profile information, description of your offer, photos, images, etc.), you specifically grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to display that content on our Site. This limited license shall expire when you delete your content from our Site, however, be advised that third parties (such as other Site users) may have saved copies of your content. We have no control over such third parties and assume no liability for their actions.

c. Takedown Requests. We are strongly committed to protecting the intellectual property rights of others. All claims of copyright infringement committed using our Site will be investigated if reported to our designated Copyright Agent via email: [email protected] If we believe that any posted material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.

d. Indemnification. You agree to defend, indemnify and hold harmless the Site, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site’s content, services or items purchased through the Site.

4. Site Access

By accessing the Site, you represent, warrant and agree that:

a. You are 18 years of age or older

b. If you register an account on our Site, you will at all times comply with the terms and conditions of your use of PayPal’s service.

c. By registering an account on our Site, you are giving us permission to send you email notifications of the latest Site updates, but you can opt out from receiving these emails by following the unsubscribe link in the body of each such email. We will not share your email address with any third party without your prior consent.

d. You are solely responsible for the information you submit to or through the Site.

e. You will treat all Site users and administrators respectfully, online and offline.

f. We may terminate any user account with or without notice using our sole reasonable discretion.

g. You will treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

h. You are responsible for making all arrangements necessary for you to have access to the Site.

i. You are responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use, and that they comply with them.

j. We may withdraw or change our Site in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the Site is unavailable at any time or for any period to registered users or visitors.

k. We have the right to disable any user identification provided by our Site and disable your whole account on our Site at any time for any reason or no reason without notice or explanation.

5. Use Restrictions

You must not:

a. Use the Site for any illegal purpose, upload, post, link to, copy or republish copyrighted material. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

b. Use a false name or impersonate any other person.

c. Post or transmit to other users any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or objectionable material. We reserve the right to judge what constitutes “objectionable” material.

d. Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication without our prior written consent.

e. Access the Site to build a competing service.

f. Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the Site.

g. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

h. Otherwise attempt to interfere with the proper working of the Site or anyone’s use and enjoyment of it.

6. Monitoring and Enforcement; Termination

a. We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:

i. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

ii. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.

iii. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

iv. Block violator’s IP address and/or notify his or her Internet Service Provider

v. Take appropriate legal action.

b. However, we cannot undertake to review all material before it is posted on the Site for accuracy, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

7. Disclaimer of Warranty

a. YOUR USE OF THE SITE, ITS CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

b. We do not guarantee that the information provided on the Site is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for personal safety, the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

8. Limitation of Liability

a. IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

b. IN NO EVENT OUR MAXIMUM LIABILITY WILL EXCEED THE FEES ACTUALLY RECEIVED FROM YOU FOR THE THREE MONTHS PRECEEDING TO THE DATE THE CLAIM AROSE. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.

9. Linking to the Site

a. You may link to our Site in a way that is legal, fair 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 where none exists.

b. You must not establish a link from any website that is not owned by you.

c. You cannot frame our Site on any other site.

. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

10. Disputes Between Users

As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other users. The Site reserves the right, but has no obligation, to facilitate and resolve disputes between its users.

11. Assignment

You may not assign your rights and obligations under these Terms of Use without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.

12. Severability and Non-Waiver

a. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

b. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

13. Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of Delaware, without regard to its conflict of law principles that would result in application of any other law. These Terms of Use shall be governed by the laws of Delaware, without regard to its conflict of laws provisions that would result in the application of the laws of any other jurisdiction. Any claim where the total amount in controversy is less than US$10,000, shall be resolved via binding, non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org. AAA and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator who is approved or otherwise affiliated with the AAA; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. YOU UNDERSTAND AND AGREE THAT THIS ARBITRATION CLAUSE MEANS THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS ARBITRATION CLAUSE.

14. Changes to the Terms of Use

We update these Terms of Use every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the changes.

15. Contact

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to our customer service representative at [email protected]