Terms | Packs - Your backpacker travel App

Introduction

1.1. Please read these Terms (as hereinafter defined) carefully. By using the PACKS mobile application (the “App”) or the website located here (the “Website”) (App and Website individually referred to individually as a “PACKS Service” or collectively as the “PACKS Services”) or otherwise indicating your acceptance (e.g. by clicking tick-box or bottom “agree”), you agree to the following terms, which will bind you at all times and in whatever manner you use the PACKS Services. If you do not agree, or you do not have the authority to accept these Terms, you must not use the PACKS Services.

1.2. PACKS Travel Ltd. or any of our affiliated entities (referred to here as “PACKS”, “we”, “us”, “our”) permit you to use the PACKS Services as described in these Terms.

1.3. The PACKS Services offers the ability to connect people who would like to host activities or events through our PACKS Services (“Activity”, which term includes “Paid Activity” as defined below, as the same may be referred to in the PACKS Services as “activities”, “events” or other similar terms), with those who would like to attend Activities. The Activities are designed for individuals to try new activities and meet new people in their area. In these Terms, anyone who uses the PACKS Services is considered a “User” and may also be referred to as either: (a) a “Creator”, as may be referred to in the PACKS Services as “host” or other similar terms, where User creates and hosts an Activity on our PACKS Services; or (b) a “Participant” (as may be referred to in the PACKS Services as “attendee”) when User participates in or attends an event or Activity.

1.4. Please note, although we provide the PACKS Services so that individuals may connect and enjoy Activities, we are not responsible for the Activities and events themselves, or any consequences of hosting or attending an Activity or event arranged through the PACKS Service. For more details, please see section 16 (Our liability to you) and 17 (Your liability to us).

1.5. Where we provide any services to you under these Terms, we will always do so with reasonable skill and care.

1.6. You should note the following rules which apply to these terms and conditions:

1.6.1. the headings do not affect the interpretation of any provisions;

1.6.2. where we use the singular of a word, this also includes the plural (or vice versa); and

1.6.3. if we use terms such as “including”, “include”, “in particular”, “for example” or any similar expression, we do this for illustrative purposes only and this does not limit the scope or meaning of the overall provision (i.e. where we use such words, we are providing examples only and the examples are not exhaustive).

NOTICE REGARDING DISPUTE RESOLUTION FOR THE U.S. USERS: THIS NOTICE IS APPLICABLE TO U.S. USERS ONLY (A) A U.S. CITIZEN; (B) A PERSON THAT RESIDES IN THE U.S.; (C) A PERSON THAT IS ACCESSING THE PACKS SERVICES FROM THE U.S. (U.S. USER), THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

2. Application of Terms

2.1. These Terms, together with any other documents which we tell you are part of them (collectively these “Terms”), set out the terms on which PACKS Services are provided to Users.

2.2. Our Privacy Policy should also be read alongside these Terms. Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data, and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy which you can find here.

2.3. Please, read our Cookie Notice on how we use cookies and similar technologies.

2.4. If you are a Creator and host a Paid Activity, Paid Activity Creator Terms are applicable to you (“Paid Activity Creator Term”).

2.5. In addition to these Terms, you agree to comply with our Community Guides when using PACKS Services, which are part of, incorporated into, these Terms.

2.6. The ways in which you can use our PACKS Services may also be subject to the rules and policies of the AppStore or Google Play (“Mobile Platforms”). In the event of any inconsistency or conflict between these Terms and the Mobile Platforms’ terms and conditions, the Mobile Platforms’ terms and conditions will prevail in respect of that inconsistency or conflict.

3. Changes to these Terms

3.1. We may make changes to these Terms at any time, including, for example only, in order to: (a) comply with any changes to the law or regulations that apply; (b) to reflect any technical changes, such as to respond to security breaches; or (c) deal with changes to Users’ needs and changes to our business. You should check these Terms each time you access the PACKS Services to ensure you understand the terms that apply at that time.

3.2. Provided you have registered an account with us, we will try to notify you of any changes to these Terms by email or a pop-up notice when you next access your account.

3.3. If you do not agree to any changes to these Terms that we may make, do not use the PACKS Services. In addition, you may close your account by contacting us at info@packs.travel.

3.4. We may update and change our Website and our App from time to time, to reflect changes to needs of our Users and business. We will try to give you notice of any major changes.

4. Creating an Account

4.1. In order to become a User you will need to create an account. You can create an account in the PACKS Services by following the on-screen instructions. As part of this process, you will need to create a Username and screen name and provide certain information about you in order to create your account. Please see our Privacy Policy for how we use this information.

4.2. We reserve the right to deny or remove any Username or screen name selected by you for any reason at any time, including if we suspect any breach of these Terms, in which case you will need to select a new username and/or screen name in order to keep using the PACKS Service.

4.3. All information provided by you when creating an account must be accurate and complete. If your account information changes at any time, you must update it as soon as possible.

4.4. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent.

4.5. You must treat all account information as confidential, and you must not share it with anyone else. Only you can use your account and you are responsible for keeping your password secret. If you know or suspect that anyone other than you knows your password, you must promptly notify us, please email us at info@packs.travel.

4.6. We have the right to disable any User identification code or password (which includes access to your account), whether chosen by you or allocated by us, at any time, in our sole discretion and with immediate effect, including (but not limited to) if in our reasonable opinion you have failed to comply with any of these Terms. We will notify you in the PACKS Services if this occurs.

4.7. You may register your Account using a valid account on the app store or marketplace from which you downloaded PACKS (e.g. Apple App Store, Google Play, etc.) (each such account, a “Third-Party Account”). By using a Third-Party Account to register your account, you are allowing PACKS to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.

4.8. By creating an account, you also confirm that:

4.8.1. if you are a Creator, you will provide Activities and events in accordance with all applicable laws and guidelines, including applicable health and safety requirements and equal protection laws;

4.8.2. if you are an Participant at an Activity or event, you will comply with all applicable laws and guidelines, including applicable health and safety requirements, while attending that Activity or event;

4.8.3. you are not currently restricted in any way or pursuant to any applicable laws from offering, hosting, or attending an Activity or event; and

4.8.4. you will comply with the Community Guidelines at all times.

4.9. After creation and verification of your account through the PACKS Services, you will be permitted to create an Activity or event through the PACKS Services and offer your Activity or event directly to other Users via the PACKS Services. Once you have created an account, you can:

4.9.1. request to participate in Activities and events as an Participant (a “Request”); and

4.9.2. offer Activities or events as a Creator.

5. Accessing the PACKS Services

5.1. You are not permitted to access or use the PACKS Services unless you are at least 18 years old. By using our PACKS Service, you confirm that you are at least 18 years old.

5.2. Access to our PACKS Services is permitted on a temporary basis. We may suspend, withdraw, discontinue, or restrict the availability of all or any part of our PACKS Services for business, security and operational reasons or change all or any part of the PACKS Services without notice. In no event shall PACKS be liable to you due to any unavailability of PACKS Services for any reason.

5.3. You are responsible for making all arrangements necessary for you to have access to the PACKS Services.

5.4. You are also responsible for ensuring that all persons who access the PACKS Services through your internet connection and/or devices are aware of these Terms, and that they comply with them.

6. Participation in Activity

6.1. Request. When the User has made a Request, Creator will review all Requests for the applicable Activity or event and will select which of the Users who have made a Request will be entitled to participate in the Activity (“Participant”). The Creator shall have full discretion over the selection of Participants including the overall number of accepted Participants. We do not guarantee that you will be selected for any given Activity.

6.2. Verifications. We, or Creator, may require additional verifications or other information from the User prior to selecting the User to participate in the Activity. If any information User provides is incomplete or inaccurate, User may not be able to participate in the Activity.

6.3. When hosting or attending an Activity, the Creator and/or Participant must act with respect towards other Users. In particular, the Creator and/or Participant must not:

6.3.1. do anything that is not permitted under applicable local, national, or international law or regulation;

6.3.2. act in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

6.3.3. harm or attempt to harm any User, or any other adult, child, or animal, in any way; or

6.3.4. bully, insult, intimidate or humiliate any User or other person.

6.4. We reserve the right to limit, change or cancel any Activity where we have a reason for doing so, at our sole and absolute discretion, even after the User has submitted a Request or been accepted by the Creator to participate in an Activity. If this happens, we will do our best to notify User in advance via the PACKS Services if it is possible for us to do so. If we cannot notify the User in advance, we will provide a written explanation for the limitation, modification, or cancellation within a reasonable time thereafter.

7. Activities

7.1. Free Activity. Each Activity that Creator hosts for free without monetizing by selling a registration to Activity through PACKS Services is referred to herein as a “Free Activity”. Creator may create a Free Activity, in this case User is not required to make any purchase, payment, donation, or other financial contribution to be able to submit a Request or join the Activity. No payment of any kind shall be taken as part of making a Request. Any Donation payments are voluntary. Creator is also not permitted to request any incentive of any kind in return for providing an Activity. In the case of Free Activity a Creator may, in its discretion, request that Participants contribute the cost of their own participation in the Activity (e.g., ticket price, food and drink) if applicable, but any such contribution must be arranged between the Creator and Participants. We do not and cannot facilitate any payment between Users in respect of Free Activities. We expressly disclaim any responsibility or liability for payments and fees exchanged between Creators and Users in respect of Free Activities. Users should use common sense in deciding whether to make a payment to any Creator in respect of Free Activities and assume all risk in exchanging money or making payments to a Creator.

7.2. Paid Activity Service. If the Creator is eligible to do so, the Creator may create, promote and host an Activity and monetize sales from registrations to that Activity ( “Paid Activity Service''). Each Activity that the Creator chooses to monetize by selling a registration through the PACKS Services is referred to as a “Paid Activity”. Payment terms and provisions applicable to Paid Activities are set forth in the Paid Activity Payments section below.

7.2.1. Creator should avoid changing or cancelling a confirmed Paid Activity whenever possible. If a change or cancellation is necessary, Creator must do so with timely notice to the Participant. Cancellations should be rare, unless for weather, safety, or force majeure reasons.

7.2.2. Creator agrees to notify Participants of Paid Activity cancellation as soon as reasonably possible and prior to the Paid Activity start time.

7.2.3. Creator will be the main contact for Participants with Paid Activity requests and complaints, including refund requests (“Claims”), and Creator will instruct the Participants not to contact PACKS with Claims.

8. Creator's Additional Responsibility

8.1. The Creator is responsible for providing all equipment, including supplies, vehicles, venues, and other materials ("Equipment") necessary to host an Activity. The Creator is solely responsible for ensuring that the Equipment used in an Activity is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, the Creator assumes all risk of damage or loss to Equipment. PACKS expressly disclaims any liability whatsoever arising out of the use or failure of Equipment at an Activity or event, and the Creator agrees to hold PACKS harmless from the same.

8.2. When creating an Activity, the Creator must where applicable, fully educate and inform the Participant about:

8.2.1. any risks inherent or incidental to the Activity;

8.2.2. any requirements for participation, such as the minimum age, related skills, or level of fitness; and

8.2.3. anything else they may need to know to safely participate in the Activity (including dress codes, equipment, special certifications, or licenses, etc.).

8.3. The Creator is responsible for:

8.3.1. understanding and complying with all laws, rules and regulations that may apply to the Activities;

8.3.2. obtaining any required licenses, permits, or registrations prior to providing the Activity; and

8.3.3. ensuring that creating and/or hosting of an Activity or event will not breach any agreement the Creator may have with any third party.

8.4. To the extent required by law, or when required by us directly, the Creator must obtain insurance in amounts sufficient to cover the Activity. PACKS reserves the right to require proof of insurance for any Activity, and the Creator agrees to cooperate with PACKS to verify such insurance coverage. We may refuse to allow the Creator to create or publish an Activity within the PACKS Services in the absence of such insurance. All insurance shall cover the Creator, the members of his team or organization, and/or the Activity with the coverage and in the amounts determined by us in our sole discretion for any and all activities that take place on the Activity. We may also require that the Creator name us as an additional insured on any insurance policy in our sole discretion.

9. Paid Activity Payments

9.1. Participants in a Paid Activity will make a one-time direct payment to the Creator to participate in the Paid Activity (“Direct Payment”), via a third-party payment processor ( “Payment Processor”). The Creator will collect all Direct Payments through the applicable Payment Processor. PACKS may receive as fee a portion of Participant`s payment for Paid Activity (“PACKS Fee”). Payment processors may charge a fee for facilitating the transaction, which may be deducted from your payment (“Payment Processor Fee”). PACKS Fee and Payment Processor Fee are final and not refundable.

9.2. Creation of Paid Activities by Creator is regulated by Paid Activity Creator Terms.

9.3. Direct payments are selectively available and may not be available to all Creators. Only Creators duly registered and authorised by PACKS and the Payment Processor may collect Direct Payments.

9.4. Participant payments will be held by the Payment Processor until such time as the Participant has been accepted into the Paid Activity. Once selected to participate in the Paid Activity, Participant will have the opportunity to approve or cancel the payment. If the Participant approves, the money will be released to the Creator. If Participant is not selected for the Paid Activity or Participant declines the payment once selected, the money will be returned directly to Participant by the Payment Processor.

9.5. PACKS accepts no (and disclaims all) obligation or liability with respect to such collection or the performance or non-performance of such Payment Processor. To the fullest extent permitted by law, PACKS assumes no liability for Paid Activities or Direct Payments and Creator shall indemnify, defend, and hold PACKS harmless from the same. You agree that we may, at our sole discretion and without further notice, determine and change the availability of certain payment solutions, from time to time without any liability to you.

9.6. All Direct Payments are final and non-refundable, unless required by law. Participants should contact the Creator directly in respect of any request for chargebacks or refunds.

9.7. Creator will remain fully responsible for chargeback costs and refunds. Creator will bear sole responsibility for meeting its refund obligations under this Terms and the Creator’s refund policy.

9.8. PACKS does not directly process payments and does not access or store Participant`s credit card information in any form. When making a payment, the Participant will enter credit card details into a form supplied directly by the Payment Processor that will be processing the payment. PACKS shall not be responsible for or liable for the collection, handling or processing of any payment(s), including for any delays which may occur or any failure of reception. You are advised to read and be familiar with the data handling policies of the Payment Processor for terms and provisions that apply to their collection, storage, handling and processing of your personal data. Your decision to provide payment information to a Payment Processor is done so at your sole and absolute risk.

9.9. You are responsible for all applicable fees and charges incurred, including applicable taxes.

10. Donation Terms

10.1. You do not have to make any donation or other financial contribution to use the PACKS activities and events Services, submit a Request or attend an Activity, and any donation you provide will not affect your chance of being selected to participate in an Activity.

10.2. You may choose to provide a voluntary monetary donation to support one or more of the causes or charities (a “Charity”) selected by a Creator of an Activity (the “Relevant Cause”) when submitting a Request (a “Donation”). No money will be taken until you have been selected to participate in an Activity or event, at which point you will have the opportunity to approve or cancel your Donation before you have been selected for Activity or event. You will be able to participate in the Activity regardless of whether or not you approve the Donation.

10.3. Donations are not refundable once the payment has been authorised and accepted. We can not make a refund, because once you've made a Donation, it's automatically transferred directly to the Charity which helps to create a real impact. PACKS can not request the Charity to pay the donation back.

10.4. All Donations are distributed to the Charity of the users choice. PACKS may receive, as costs, expenses and fees, a portion of the funds raised through each solicitation campaign. Payment Processors may charge a fee for facilitating the transaction, which may be deducted from your Donation. Except for the foregoing fees, the remaining money you donate to a Charity though the services will be distributed to that Charity.

10.5. The processing of Donations will be subject to the terms, conditions, and privacy policies of the Payment Processor. We are not responsible for errors by the Payment Processor. By choosing to make a Donation, you agree to pay the Charity, through the Payment Processor, all Donation amounts you specify in accordance with the applicable payment terms, and you authorise the Payment Processor to charge your chosen payment method (your “Payment Method”). You agree that all Donations accepted by you shall be paid through the Payment Method and are final. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or another provider of your chosen Payment Method.

11. Using and uploading the Content

11.1. The following are types of content you will encounter through your use of the PACKS Service:

11.1.1. “PACKS Content” means any content published or made available by us through the PACKS Services (as well as any emails and our notifications); and

11.1.2. “User Content” means content provided by other Users and business partners of the PACK Service, including details of Activities and feedback or comments provided by Participants through the PACKS Service. Additional terms concerning User Content are addressed in the section below (User Content Standards).

11.2. PACKS Content and User Content are together known as the “Content”. You are permitted to use the Content as part of your use of the PACKS Services in accordance with these Terms.

11.3. PACKS is the owner and/or legal licensee of all intellectual property rights in the PACKS Content and the PACKS Services. You have no intellectual property rights in, or to, the PACKS Content and the PACKS Services other than the right to use them in accordance with these Terms. We may update our PACKS Services and the PACKS Content from time to time. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the PACKS Services.

11.4. All User Content on the PACKS Services is owned by the relevant User or their respective licensors and may be protected by copyright laws around the world, which include the author’s right to be identified as the author. Nothing in these Terms is intended to affect such rights.

11.5. PACKS, the PACKS logo and all other PACKS product or service marks are trademarks of PACKS and are considered PACKS Content. All intellectual property, other trademarks, logos, images, products, and company names displayed or referred to on the PACKS Services are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the PACKS Services is strictly prohibited. PACKS will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

12. User Content

12.1. You (or your licensor if applicable) own any User Content that you upload to the PACKS Services.

12.2. When you upload any User Content, you must ensure that you have all necessary rights to post the User Content, and that you own, or have all necessary permissions from the owner of, the User Content. By uploading such User Content, you affirm that you have such rights.

12.3. You acknowledge and agree that User Content may be published and viewed by other Users, and we do not guarantee any confidentiality with respect to any User Content you upload. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.

12.4. When posting any User Content, you must comply with the content standards set out in the section below (Content Standards).

12.5. You must act in good faith when uploading any User Content and we rely on you complying with the Content Standards in their spirit as well as to the letter. Content Standards apply to each part of any User Content as well as to its whole.

12.6. By submitting User Content to the PACKS Services, you grant us a licence to (and to allow others acting on our behalf to) access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, create derivative works of, publicly display, publicly perform, advertise and otherwise exploit the User Content in connection with the PACKS Services and our business, including without limitation for providing, promoting and redistributing part or all of the PACKS Services (and derivative works thereof) in any and all media formats and through any and all media channels. This licence gives us rights worldwide which do not expire and which are irrevocable, and which do not require us to make any payment to you. We may transfer or sub-licence this licence to others.

12.7. You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free license to use your name, nickname, Username, image, voice, silhouette, likeness, any photograph/video of you, statements, endorsement and appearance and any other part of your personality to identify you as the source of any of your User Content.

12.8. We welcome any feedback from you about the Content, the PACKS Services or otherwise, including how they can be improved. All feedback you provide is considered to be User Content and as such, you agree to grant us a licence to use your feedback as set out above. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about PACKS’s user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.

12.9. We do not actively monitor User Content or User Content; however, we reserve the right to remove any material we deem to be in violation of these Terms or the Content Standards, and/or suspend or terminate your account at any time in the event we consider you and/or any User Content you upload has breached these Terms, including the Content Standards.

12.10. You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorised to act on your behalf.

12.11. When you upload any User Content, you must ensure that (i) you have all necessary rights to upload, edit, store and share User Content, and that you own, or have all necessary permissions from the owner of, the User Content (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you intend to edit and adjust on or through PACKS and approve to us that any usage of third-party User Content is otherwise cleared by you with the respective right-holder; (iii) in case the User Content depicts third parties, you have received all the necessary consents from them to upload it to PACKS; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction. By uploading such User Content, you affirm that you have such rights.

12.12. By posting User Content publicly including, but not limited, to tagging PACKS on social media (through direct mentioning or via a hashtag), you grant to PACKS a worldwide, non-exclusive, royalty-free, sublicensable, revocable and transferable license to use that User Content, and namely reproduce, distribute, modify, create derivative works, publicly display and publicly perform or otherwise use that respective User Content or any of its part, for the purpose of promoting and advertising PACKS and the Company’s services (“marketing license”). You may revoke this marketing license anytime by contacting us at info@packs.travel.

12.13. The user hereby acknowledges the right of PACKS to publish any photos or video footage taken at Activities on PACKS Services and on PACKS official social media accounts. If you wish to refuse above, you must clearly express this wish to the photographer or cameraman at Activity or event. You may request to remove photos or videos already published on PACKS Services or on PACKS official social media accounts by contacting us at info@packs.travel.

13. Content Standards

13.1. User Content must:

be accurate (where it states facts) or genuinely held (where it states opinions), and be kept up to date at all times;

not be defamatory, offensive, bullying, hateful, deceptive, threatening, abusive or in contempt of court;
not promote sexually explicit material, violence, discrimination or any illegal activity;
not infringe any intellectual property rights (including copyright, database rights or trademarks) of any other person;
not breach any legal duty owed to a third party, such as a contractual duty or a duty to maintain confidentiality;
not contain any advertising or promote any services or web links to other sites; and
comply with all applicable law.

13.2. You must not modify any copy of any of the Content or any other information or materials taken from the PACKS Services that you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

13.3. You must not use any of the Content for commercial purposes, unless you tell us first that you want to do this and we (or in the case of User Content, the applicable User) agree to give you a separate licence to do so to cover this use.

13.4. If you print off, copy, or download any part of the PACKS Services or the Content other than as permitted under these Terms, your right to use the PACKS Services and/or any of the Content (or any account you have with us) will stop immediately and you must, at our option, either return or destroy any copies of the materials you have made.

13.5. Except as set out in these Terms, nothing on the PACKS Services should be taken as us granting (whether implied or otherwise) any licence or right in or to our intellectual property rights without our express written permission.

14. Use of the PACKS Services

14.1. In return for your agreeing to comply with these Terms, we grant you a licence to retrieve and display content from the PACKS Services on a device and store the PACKS Services in electronic form incidentally in the normal course of use on your browser or mobile device. This licence is not exclusive to you (we have the right to grant a licence to others too) and we have the right to remove the licence at any time. The licence is personal to you, and you cannot transfer it to someone else. You may only use the PACKS Services on a device which is owned by you, or if the device is owned by someone else, where you have their permission to use the PACKS Services.

14.2. You may use the PACKS Services only for lawful purposes. You may not use the PACKS Services:

in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm any adult, child or animal in any way;
to bully, insult, intimidate or humiliate any person;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
to attempt to gain unauthorised access to any part of the PACKS Services, the server on which our PACKS Services is stored, or any device, server, computer, or database connected to the PACKS Services;
to attack our PACKS Services via a denial-of-service attack or a distributed denial-of-service attack.

14.3. Any failure to comply with the provisions of this section, could be considered a criminal offence under applicable law. PACKS reserves the right to report any and all such breaches to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them.

14.4. You also agree that you will not:

make the PACKS Services or any PACKS Content available in any form, in whole or in part, to any other person without prior written consent from us;
make commercial use of the PACKS Services or any PACKS Content;
remove, hide, or change any copyright, patent, trademark or other proprietary rights notices affixed to the PACKS Services or any PACKS Content;
copy the PACKS Services or any PACKS Content, except as part of the normal use of the PACKS Services or where it is necessary (and permitted by law) for the purpose of back-up or operational security;
translate, merge, adapt, vary, alter, or modify, the whole or any part of the PACKS Service, nor permit the PACKS Services or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the PACKS Services as permitted in these Terms; or
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the PACKS Services nor attempt to do any such things, nor otherwise attempt to derive the source code from or create derivative works based on the PACKS Service, or integrate the PACKS Services with other computer systems or programs, except to the extent that such actions cannot be prohibited by applicable law.

14.5. You must comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the PACKS Services that you use.

15. Right to terminate

15.1. If you do not comply with our Terms or if we are investigating any suspected non-compliance or misconduct by you, we may take such action that we think is appropriate or necessary, including suspending or ending your access to the whole or any parts of the PACKS Services with immediate effect and permanently. If your non-compliance is curable, we will give you a reasonable opportunity to do so. You may contact us about your suspension or ending your access to PACKS Services at contacting us at info@packs.travel.

15.2. We retain the right to investigate any non-compliance with these Terms and any misconduct, we shall be entitled to take any action that we deem appropriate or necessary during or in response to such investigation.

15.3. You may stop using the PACKS Services at any time.

15.4. You may close your account and terminate the use of PACKS Services at any time by following the on-screen instructions or by contacting us at info@packs.travel.

15.5. Our PACKS Services are made available free of charge. We may stop providing the PACKS Services (or parts of it) to you or add or create new limits to our PACKS Services (or parts of it) at any time.

15.6. If we suspend or terminate your rights to use the PACKS Services:

15.6.1. you must stop all activities authorised by these Terms, including your use of the PACKS Services (and any Content);

15.6.2. you must delete or remove the PACKS Services from all mobile devices in your possession and immediately destroy all copies of the PACKS Services that you have and confirm to us that you have done this; and

15.6.3. we shall be entitled to remotely remove access to the PACKS Services from your devices and cease providing you with access to the PACKS Services.

16. Our Liability to You

16.1. PACKS assumes no liability of any kind whatsoever for any outcome of any interaction (online or offline) resulting from the Activities (including the cancellation of an Activity), Perks, Content or PACKS Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the PACKS Services.

16.2. Although we use our reasonable efforts to update the PACKS Content and the PACKS Services as much as we can to make it more relevant and interesting to Users, we do not actively monitor the User Content and are under no obligation to update any Content. Therefore, we make no representations, warranties, or guarantees (whether express or implied), that the Content or the PACKS Services are accurate, complete, and up-to-date, or to the suitability of the PACKS Services or the Content for you.

16.3. Please note, although we provide the PACKS Services so that individuals may connect and enjoy Activities, as well as find trusted experiences and things to do on their travels, we are not responsible for the Activities or any perks claimed through our platform themselves, or any consequences of hosting or attending an Activity, event or claiming any perk through the PACKS Service.

16.4. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the Content or PACKS Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through the PACKS Service. We also do not assume any liability arising from the cancellation of an Activity, event, or perk claimed.

16.5. We do not guarantee that our PACKS Service, or any content on it, will always be available or be uninterrupted.

16.6. To the fullest extent permitted by law we make no warranties as to our PACKS Services or content. You agree that our PACKS Services and the Content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the PACKS Services or the Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of PACKS Services or the Content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our PACKS Services or the Content or their correctness, accuracy, timeliness, reliability or otherwise

16.7. You are responsible for the information you share with other Users when you disclose information on the PACKS Service. We are not responsible for the conduct of any User of the PACKS Services. You agree to use caution in all interactions with other Users, particularly if you decide to communicate outside of the PACKS Services or participate in an activity as a Participant.

16.8. Please be aware that we do not conduct criminal background or similar checks on any Users or otherwise inquire into the background of the Users or our Company partners (in each case including Creators, Participants, Company partners or any other Affiliates). You are solely responsible for all of your communications and interactions with other Users and our Company partners, and you should ensure you take appropriate precautions when communicating with other Users, Company partners or attending or hosting activities or events. We make no commitments, and assume no liability, in connection with the conduct of the Users and our company partners, on or off the PACKS Service. We do not assume any liability for any outcome of any interaction (online or offline) resulting from the content or PACKS Services (including any resulting health issues, physical or mental harm, accident, or injury that you may suffer). You are advised to exercise good judgement and caution when acting on the information available through PACKS Service.

16.9. To the fullest extent permitted by law we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition, or issue, or otherwise, due to any act or default of anyone (including Creators, or other Users) or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the PACKS Services or the Content, or in any way or in any location. PACKS assumes no liability whatsoever on any theory of recovery related to Activities, Events or Perks claimed.

16.10. You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any Users, including you.

16.11. We are also not responsible to you if our provision of the PACKS Services is delayed by an event or cause outside our control.

16.12. To the extent you are aware of suspicious, fraudulent, or behaviour, please immediately report it to us at info@packs.travel. You should block and report anyone that violates these terms, including (a) underage Users, (b) harassment, threats, and offensive behaviour, and (c) inappropriate or harmful behaviour of any kind, (d) fraudulent profiles, or (e) activities not conducted in accordance with these terms or applicable law.

16.13. To the fullest extent permitted by law, we do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged with the PACKS Services or its content, or in any way or in any location in connection with any Activity, the PACKS Services and/or the Content.

16.14. We do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Except as set forth in the preceding sentence, our total liability to you arising under or in connection with these Terms shall be limited to one hundred pounds sterling (£100).

16.15. TO THE FULLEST EXTENT PERMITTED BY LAW IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY TYPE OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE ON THE PACKS SERVICES OR CONTENT, OR ON THOSE AFFILIATED WITH US IN ANY WAY, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS; INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, PERSONAL INJURIES, ACCIDENTS, MISAPPLICATION OF INFORMATION, OR ANY OTHER LOSS, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DIFFICULTIES.

16.16. Ambassadors or Creators are in no way legally connected to PACKS, and, in particular, not employees of PACKS.

16.17. As soon as agreed by the parties, PACKS may provide for Activity, hosted by Ambassador, access to PACKS Services, promotional materials, sponsorship and consulting support for promotional purposes only. These activities or events are organised by the Ambassadors on a voluntary basis, in any way, the Ambassador will not represent PACKS as its employee or agent at such Activities.

16.18. Ambassadors and/or Creators are fully responsible for their own Activities or events. Therefore, under no circumstance shall PACKS assume legal responsibility for damages related to such Activities or to other interaction between its Users. Nor is PACKS legally responsible for the behaviour or actions of Users, Ambassadors, Creators or any other type of attendees during any Activities held on the platform.

17. Your Liability to Us

17.1. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.

17.2. To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless PACKS, our parent entity, subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys’ fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the PACKS Services and the Content; (b) your violation or breach of these Terms, (c) your violation of any applicable law; (d) your User Content, or (e) your interaction with any other User. We may assume the exclusive defence and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us in the defence or settlement of any such matters.

17.3. You shall be responsible for any losses, damages, costs, and expenses which we suffer which are caused by your breach of these Terms.

17.4. To the fullest extent permitted by law, you release us, our parent entity and subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) your use of the PACKS Services, including participation and attendance at Activities; (ii) disputes between Users, including those between you and other Users; (iii) disputes related to Paid Activities, Direct Payments or between you and a Payment Processor; (iv) User Content or third party Content; (v) claims relating to the unauthorised access to any data communications or content stored under or relating to your account, including unauthorised use or alteration of such communications or your User Content.

17.5. If you are a California resident you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

17.6. We may assume the exclusive defence and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defence or settlement of any such matters.

18. Viruses, hacking and other offences

18.1. We do not guarantee that the PACKS Services or the Content will be secure or free from bugs or viruses.

18.2. You are responsible for configuring your information devices, technology, computer programs and platform in order to access the PACKS Services and the Content. You should use your own virus protection software to protect these.

18.3. You must not misuse the PACKS Services by knowingly introducing anything that may cause issues including viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of the PACKS Service, the server on which our PACKS Services is stored, or any device, server, computer, or database connected to the Service. You must not attack our PACKS Services via a denial-of-service attack or a distributed denial-of-service attack.

18.4. Any failure to comply with this provision, could cause you to commit a criminal offence. We may decide to report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such failure to comply, your right to use the PACKS Services (and the Content) will cease immediately.

19. Operating System / Mobile Device Requirements

19.1. The App requires a mobile device with a minimum of 120MB of memory and the iOS operating system version 12.0 or later. You must use a commercially released mobile device that has not been modified and is compatible with the App that you install.

19.2. You are solely responsible for any fees or charges, including internet access and data charges, incurred by you in connection with your use of the PACKS Service. We are not responsible for the suitability, functionality, and performance of either your mobile device or your internet or cellular connectivity. You agree you are solely responsible for the maintenance and security of your mobile device, its passwords and any usage or activities that occur in connection with the PACKS Service, your account, and your mobile device.

19.3. We recommend that you back up any content and data (including Uploaded Content) used in connection with the PACKS Service, to protect yourself in case of problems with the PACKS Service.

20. Third-Party Links

20.1. Where the PACKS Service contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

20.2. The PACKS Services may include information and materials uploaded by other Users, including information about Activities provided by Creators or Perks and other Offers promoted by our Company partners. This information and these materials have not been verified or approved by us. The views expressed by other Users (including Creators) on the PACKS Services do not represent our views or values.

21. Copyright Notice

If you are a User based in the United Kingdom/the EU:

If you have any concern or objection (“Objection”) to any Content please notify us immediately upon becoming aware of the Objection at info@packs.travel and we shall endeavour to review the Content and may take such action as we deem appropriate (including removal of the Content, or rejection of your Objection).

Unless otherwise specified in the Objection, you acknowledge that we have the right to disclose your identity and contact details to the person responsible for any particular item of Content. We reserve the right to refuse to disclose, unless compelled to do so by law, the identity or contact details of any person who is responsible for Content.

If you are a User based in the United States of America:

PACKS respects the intellectual property rights of others and requests that users of the Services do the same. If you believe that your work is being used in connection with the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorised to act on the owner’s behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit PACKS to locate the material (for example, by providing a URL to the material); (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

Our designated agent to receive notification of claimed infringement can be reached at:

EC1V 2NX

London, United Kingdom
Email address: info@packs.travel

In appropriate circumstances, we will terminate the accounts of Users who are repeated copyright infringers.

22. Statute of Limitations (APPLICABLE TO U.S. USERS ONLY)

To the extent permitted by applicable law, any claim or cause of action arising out of or related to the PACKS Services, these Terms and/or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

23. Binding arbitration agreement and class waiver disclosure (applicable to U.S. Users only)

23.1. Agreement to Arbitration; Class Waiver: If you are U.S. User you and we agree, except as provided below regarding small claims court proceedings, any dispute, claim, or controversy arising out of or relating in any way to , the PACKS Service, and the Content, including, but not limited to, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.

23.2. Pre-Filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by overnight courier, a written Notice of Claim (“Notice”). If you are the claimant, the Notice to Us must be addressed to: PACKS Travel Ltd, 124 City Road, EC1V 2NX, London, United Kingdom or by emailing info@packs.travel. If we are the claimant, the Notice must be sent to the address we have on file for you in your Account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.

23.3. Additional Arbitration Provisions:

23.3.1. Settlement Offers: During the arbitration, the amount of any settlement offer made by you or Us shall not be disclosed to the arbitrator.

23.3.2. Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271.

23.3.3. Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, We will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US\$5,000.

23.3.4. Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.

23.3.5. Location of Hearing: Unless you and We agree otherwise, any arbitration hearings will take place in New York, New York. If your claim is for US\$5,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US\$5,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.

23.3.6. Class Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and We agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.

23.3.7. Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.

23.3.8. Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.

23.3.9. Opt-Out Provision. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE, OR ATTEMPT TO USE, THE PACKS SERVICES BY WRITING TO INFO@PACKS.TRAVEL OR TO THE ARBITRATION NOTICE ADDRESS. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THESE TERMS.

23.3.10. YOU ACKNOWLEDGE AND AGREE THAT THE BINDING ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER, AS WELL AS WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS, ARE MATERIAL TERMS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN THE DECISION BY US TO PROVIDE THE PACKS SERVICE.

24. Miscellaneous

24.1. Assignment. We can assign, transfer, or subcontract any or all of our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as set out in these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing in advance.

24.2. Third Party Rights. These Terms are between you and us and are not intended to give third parties any rights to enforce all or any part of these Terms.

24.3. Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

24.4. International Use. You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by the Office of Foreign Assets Control (“OFAC”) or any other governmental entity of your jurisdiction imposing economic sanctions and trade embargoes (“Economic Sanctions Laws”) against designated countries (“Embargoed Countries”), entities and persons (collectively, “Embargoed Targets”). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology, or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.

24.5. Applicable Law and Jurisdiction.

For members residing in the United Kingdom (UK), European Union (EU) or European Economic Area (EEA) or elsewhere where our arbitration agreement is prohibited by law, the laws of England, excluding conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the PACKS Services. For the avoidance of doubt, the choice of English governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

Except for members residing in the UK, EU or EEA who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the PACKS Services, or to your relationship with PACKS that for whatever reason are not submitted to arbitration will be litigated exclusively in the courts of England.

If you are U.S. User, this Agreement, and all claims and causes of action in connection with, arising under or relating to the subject matter of these terms and conditions, in the broadest possible way, including tort claims (the “Claims”), shall be governed by, and construed in accordance with the laws of the State of Delaware without regard to its choice of law principles. To the extent applicable, the parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. The choice of law designated herein shall apply to all factual and legal issues relating to or arising under the contract and shall survive termination of this Agreement.

If you are a U.S. User, further, except as provided in the paragraph below, you and the Company agree to the jurisdiction of Delaware to resolve any Claims that relate to or arise in connection with the Agreement and that are not subject to mandatory arbitration under Section 23.

24.6. No Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your non-compliance with any of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

25. Contact us

If you have any questions or concerns regarding these Terms, you may contact us by email at info@packs.travel.

PACKS Perk Marketplace Terms of Use

Effective 1 February 2023, the Services (as defined below) will be provided to you by PACKS Travel Ltd. the company currently providing the site to you. PACKS Travel Ltd. will also be the applicable data controller from 1 February 2023.

Introduction.

Welcome to the PACKS Perk Marketplace. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, mobile app and tools (collectively “Services”). You can also view our Policies. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services. The Terms of Use set out below take effect from 1 February 2022.

The Services are currently provided to you by PACKS Travel Ltd., also referred to below as “PACKS”, “we”, “our” or “us”. Effective February 1, 2023, the Services will be provided to you by PACKS Travel Ltd.

Your Account.

To access and use the PACKS Perk Marketplace & other Service Offerings, you will need to register with us and set up an account with your email address and a password (your “Business Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.

If you believe your Account has been compromised or misused, contact us immediately at PACKS Customer Support at info@packs.travel

Using PACKS

To use the PACKS Perk Marketplace, you must be over 18 years old. You agree that you will post in the appropriate category or area of your business and you agree that you will not do any of the following:

violate any laws or the Posting Rules;
post any threatening, abusive, defamatory, obscene or indecent material;
be false or misleading;
infringe any third-party right;
distribute or send communications that contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm PACKS the Services or the interests or property of PACKS users;
impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
copy, modify, or distribute any other person’s content without their consent;
use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent; and/or
bypass measures used to prevent or restrict access to the Services.
Post anything related to a competing business that has no affiliation to your business or pretend to pose and list a deal or service as another brand.

Abusing PACKS Services.

PACKS and the PACKS community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system or contacting us at info@packs.travel. You are solely responsible for all information that you give to PACKS and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that PACKS is not under any obligation to monitor any data or content which is submitted to or available on the Services.

PACKS Perk Marketplace.

The PACKS Perk Marketplace allows businesses to submit perks to appear on the PACKS Location Based explore map and Feed. These perks can be targeted to an individual city or by country-wide level for nationally relevant deals. The benefit of this platform is of course that your business will be able to target your perks to appear on the PACKS Perk Feed to only relevant travellers in a current location when they open the app, or also to appear on their feed if they have added that destination in as one of their upcoming trips.

One of the features of the Service includes the ability to post perks as a global listing. Global listings need to be requested directly to the PACKS team first for approval. By selecting this service, you agree that your listings can be displayed on the perk feed of a user anywhere in the world where they are. The terms for listing your perk in other countries means that you need to take responsibility for the fact that these perks maybe subject to additional laws or other restrictions in the countries where your ad is posted, PACKS is not responsible for providing you with guidelines for each country. We may remove your ad if we believe it causes problems or violates any law or policy, or if something specific has been raised by another user or regulatory authority in that country.

PACKS Perk Marketplace Fees and Charges.

Listing perks on PACKS Perk Marketplace is free for launch partners and available on a casual listing fee on a Per Deal – Per Location – Per month Basis for any businesses that have not specifically been identified by us as official launch partner. The prices for these is subject to change based on country of business and direct negotiations with PACKS. The PACKS Perk Marketplace is also available on a subscription model on 3 months, 6 months and 12 months plans. PACKS also directly negotiates opportunities for integrated long-term listing partnerships that include product integrations through APIs & Feeds. These partnerships are bespoke and can include a mix of subscription models or commission models as well. We’ll notify you of changes to our fees by posting the changes on https://businesslab.packs.travel/ and messaging current partners directly. We may also add new perk listing placement and creative opportunities which may attract new charges.

In order for a perk to be pushed live those perks ads and fees mentioned above need to be paid for in full in advance before being submitted for approval by PACKS. If your payment method fails PACKS can not push your perk live, it will sit as pending payment and approval.

UK taxes associated with our Services will be collected where applicable. You agree to provide accurate information necessary for PACKS to comply with our obligations under applicable law. You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on PACKS’ Services.

PACKS Perk Marketplace Listing Guidelines.

Perk Content Required:

In order to submit a perk we require the following:

Your Company Name
Company description
Company address/meeting point/ location
Your Company Logo
Assign your company to at least one of our Perk product type categories
Customer support Email or Whatsapp number
Perk Headline (examples are given in the dashboard)
Perk Description
Perk title image and additional images
Tags identifying your category and what sets your company apart
Additional Perk Fine Print or Conditions
The booking type, whether you want the user to book with you online or make an inquiry via email or WhatsApp
The URL where you want users to claim the perk if you are able to provide a booking page
Enter the Perk price & the normal RRP price.

The Perk Offer/Price:

In order for your perk listing to be approved it needs to be on sale, discounted, include savings, a special bundle/package or be a unique offer from what is the normal RRP or a standard listing price. This is to ensure the PACKS Perk Marketplace does not just become a product listing catalogue, but rather a place to find discounted location-based perks. We’d suggest a minimum of 10% off to have a higher chance of being approved.

Payment Process:

PACKS uses the secure Stripe Payment Gateway and we will be accepting Visa & Mastercard initially, more options will be added over time and on request. More information about Stripe can be found here https://stripe.com/au/privacy

Approval Process:

Once your perk listing fee has been paid for and your perk was submitted through the portal the PACKS team will need to assess your perk before approving. If the perk has been approved the perk will be marked as approved in the ‘my Perks’ tab of your account. If declined it will be marked as declined and an email will be sent with possible reasons as to why and suggestions on how to be approved. If the perk is declined and you do not wish to submit the perk again or any other perk we will issue a refund of your payment.

PACKS App Content

PACKS Services contain content from us, you, and other users. PACKS is protected by copyright laws and international treaties. The content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purpose any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third-party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Reporting Intellectual Property Infringements

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is contact PACKS at info@packs.travel. Only the intellectual property rights owner can report potentially infringing items or listings through PACKS

Third Party services on PACKS.

You may use the Stripe payment gateway for the financial transactions on our portal. You acknowledge and agree that by utilising any third party services through our Services (such as Stripe), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.

If you have a dispute with Stripe, a buyer, or a seller, that does not arise directly as a result of an error by PACKS, in respect of any payment transacted (or failed to be transacted), you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Legal and Financial Advice.

You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before buying or selling an item via our Services.

Limitation of Liability.

Nothing in these Terms of Use (including this clause 12) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the UK Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.

Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real-time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the UK Consumer Law, PACKS’ liability to you for any failure by PACKS to comply with any statutory guarantee under the UK Consumer Law is limited to PACKS supplying the Services again or paying you the cost of having the Services supplied again.

PACKS excludes any liability to you for any loss or damage suffered by you as a result of PACKS failing to comply with an applicable statutory guarantee under the UK Consumer Law if you suffer such loss or damage was not reasonably foreseeable and was not directly caused by PACKS.

Indemnification.

You will indemnify and hold harmless PACKS and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Release.

If you have a dispute with one or more PACKS users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Personal Information.

By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in Singapore.

Severability.

If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.

General.

These Terms of Use and the other policies posted on the Services set out the entire agreement between PACKS and you, overriding any prior agreements. From 1 February 2023, this agreement is governed by the laws of the United Kingdom. We both submit to the non-exclusive jurisdiction of the courts of London, England. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms of Use, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices about illegal or infringing content, your notices to us must be sent by registered mail to:

PACKS Travel Ltd.

124 City Road EC1V 2NX

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us.

Send questions, comments or complaints to PACKS Customer Support at info@packs.travel

Mobile Devices Terms.

If you’re accessing PACKS Services from a mobile device using the PACKS Mobile Application (the “Application”), the following terms and conditions (“Mobile Devices Terms”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms.

Application Use.

PACKS grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the https://businesslab.packs.travel/ website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.

Intellectual Property – Applications.

PACKS owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter PACKS copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any PACKS Application.

Prohibited Countries Policy and Foreign Trade Regulation – Applications.

When using PACKS Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).

Additional Terms.

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

These Mobile Devices Terms are an agreement between you and PACKS, and not with Apple. Apple is not responsible for the Application and the content thereof.
PACKS grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
Apple and Apple’s subsidiaries are third party beneficiaries of these Mobile Devices Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Devices Terms against you.

Windows – Microsoft

These Mobile Devices Terms are an agreement between you and PACKS, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.

You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Mobile Devices Terms cannot change.
To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.