Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH APYYOU WEBSITE
Last Updated on 27 February of 2023
ACCEPTANCE OF THE TERMS
Thank you for using Apyyou. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Apyyou website at https://apyyou.com/ (the “Website”) including but not limited to delivery of information via the Website.
Please read these Terms carefully.
By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Jose Almeida. In personal name and existing under the laws of the Portuguese Republic. Do not access or use the Website if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website; or
Actually, using the Services. In this case, you understand and agree that Apyyou will treat your use of the Services as an acceptance of the Terms.
“Apyyou” is a web- and mobile-based Internet platform, owned by Jose F. V. M. Almeida.
"Apyyou" means content that Apyyou creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and Third Party Content.
"Content" will include (but is not limited to) images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.
“Offering” means any accommodation, camping, experiences or retreats offered by a Host or booked by a Guest.
"Services" include any and all services, which Apyyou may offer to the User, through the Website, including but not limited to the provision of a platform where Users can host and book Offerings.
"Third Party Content" means content that comes from parties other than Apyyou or its Users and is available in or through the Services.
"Guest" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information or viewing pictures and includes other persons jointly participating in using the Services, including without limitation a guest having access to the the Website. A Guest can be both a person offering or hosting Offerings (“Host”) or a person seeking to book such Offerings. (“Guest”).
"Guest" is a separate part of the Website. A Guest has access to every type of “Host” offers or services published in the Apyyou Website, for that the guest can check availability by applying to host service in interest by leaving Guest personal details as First name, Surname, Email address, phone number, text message and time gap dates.
"We" or "us" refers to a company incorporated (*in coming future.) and existing under the laws of the Portuguese Republic, registered under, Portuguese law, which enables users to use the Services of the Website, which are the subject of these Terms of Services.
*For the moment it is as individual form.
"Your Content" or "User Content" is the content, submitted by you, as a User of the Website. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as listing for Offerings, as well as likes, ratings, reviews, images, photos, messages.
USING THE SERVICES
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
Apyyou may require verification from Users, such as age, a declaration regarding a health condition, physical or psychological status or other circumstances that may be material for the performance of the Services.
Certain booking restrictions may also be applicable for individual Offerings. Apyyou cannot be held responsible if a Host refuses a given Offering reservation due to a Guest not complying with such restrictions.
Compliance with the laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.
Communications from Apyyou
By as a guest and applying to a service, you agree to receive certain communications in connection with the Website.
All Offerings listed on the website are organised, performed, produced and supplied by Hosts and are not, in any way, related to Apyyou. Apyyou solely acts as an intermediary between Guests/Users and Hosts for listing Offerings on the Website.
After applying to check availability as a Guest, Hosts are free to list Offerings using the Website. Offering listings are only accepted once manually checked and validated by an Apyyou administrator. In order for a listing to be approved, it needs to comply with Apyyou’s Guidelines for Offerings, to contain a full and accurate description of the Offering, including a category, location, photographs, price and information about the given Offering. Whilst the approval of an Apyyou administrator is required for an Offering to be posted on the Website, neither Apyyou, nor its owners, agents or representatives warrant that any Offering description, in reality, complies with the accommodation, treatment, experience or retreat offered, nor shall Apyyou accept any liability if an Offering does not comply with such description.
Guests are only able to view and book approved Offering listings. Any reservation for an offering shall be made through the Website. Once a Guest receives a affirmation regarding the selected reservation, the said reservation shall be considered as confirmed.
Guests are responsible for complying with any requirements applicable to a given Offering, such as the period in which a Guest needs to present themselves in advance before the commencement of their reservation or the need to provide an identification document and a confirmation for their payment/reservation.
Cancellation / Rescheduling of Offering Reservations
If a Guest wishes to cancel or reschedule a confirmed reservation, they should contact the respective Host no later than 10 days in advance before the commencement of the reservation for the given Offering. Any cancellation or rescheduling shall be subject to the individual Host’s policy for cancellation and refunds, as well as subject to the Host’s availability. Apyyou shall not be held responsible if a Host refuses to cancel any given reservation. Due to the fact that our Apyyou Tax/Fees are utilised for processing online services such as online payment fees and legal taxation, we regret to inform you that they are non-refundable.
Unforeseen Circumstances Precluding the Fulfilment of an Offering Reservation
In case certain circumstances compromise an Offering, for which a reservation is already made, the Host hereby agrees to inform the Guest regarding such circumstances in due course. Such circumstances may include adverse meteorological conditions or technical issues. The Host shall then offer the Guest the option to cancel or reschedule their reservation. In case the parties are unable to reach a resolution regarding any circumstances precluding the fulfilment of an Offering Reservation, Apyyou can intervene in order to assist the parties in settling their dispute. However, in the unlikely event that the parties are unable to find an amicable resolution, Apyyou shall not be held liable for any and all issues and expenses incurred as a result.
Hosts are encouraged to obtain a professional indemnity insurance covering any issues that may arise from the Offerings they list. However, Apyyou is neither able to check the validity of Host’s insurance nor determine their suitability for the Offerings they list. As an intermediary providing the Website where Hosts and Guests list and book Offerings, Apyyou shall not be held liable in case a Host does not have a professional indemnity insurance or if their insurance is not appropriate for the Offering listed by a given Host.
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Website. For instance, in order to create a listing for an Offering or to book such Offering, you would be required to create a User Account.
You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
CHANGES TO THE TERMS
Apyyou may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
TRANSLATION OF THE TERMS
Apyyou may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Apyyou. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
Responsibility for Your Content
You are responsible for the content you publish, including any listings for Offerings. You assume all risks associated with the content you publish, including anyone's reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to publish content. You may not imply that the content published is in any way motivated, sponsored or endorsed by Apyyou.
You may expose yourself to liability if, for example, the content you publish contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had booked an Offering; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or another personal incentive to post a review that was not a fair expression of your honest opinion. User reviews do not reflect the opinion of Apyyou.
Right to use Your Content
By submitting Your Content, you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content worldwide. This includes the right to sub-license and transfer.
By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works.
You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights with respect to Your Content brought against us, any third-party services and our and their users.
Ownership of Content
As between you and Apyyou, you own Your Content. We own the Apyyou Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website, Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the Apyyou Content and the Website. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Apyyou Content, in whole or in part, except as expressly authorized by us.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:
Violates any of our Guidelines, for example, by listing an Offering that does not comply with the Offering limitations of Apyyou.
Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
Violates those Terms;
Violates any applicable law;
Threatens, harms, harasses others, or promotes discrimination;
Promotes a business or other commercial venture or event, or otherwise uses the Website for commercial purposes;
Engages in keyword spamming, or otherwise attempts to manipulate the Website's search results;
Solicits personal information from minors or submits or transmits pornography.
Apart from that, the User agrees not to:
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the or its Content.
Use any robot, spider, site search/retrieval application in the Website;
Make attempts to reverse engineer any portion of the Website;
Remove or modify any IP rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
Record, process, or mine information about other Users and clients;
Attempt to gain unauthorized access to the Website, the User Accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means;
Use the Website or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses").
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Section 7 of these Terms, the clause should be interpreted broadly, in favour of Apyyou, and this action should be considered as if it was included in this clause.
RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain, or you may be sent through the Website to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and Third-Party Content. Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by Apyyou and Apyyou is not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through or installed from the Website.
You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third-Party Websites is solely at your own risk.
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Website may contain such advertising information or promotional material, or other material submitted to Apyyou by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than Apyyou, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Apyyou will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website.
USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Apyyou and its users, any claims and assertions of any moral rights contained in such Feedback.
SERVICE FEES AND PAYOUTS
Each time a Guest books an Offering listed by a Host through the platform, Apyyou deducts a service fee, which shall vary between 0% and 50%. This service fee is calculated from the subtotal of the value of the reservation for the Offering (exclusive of any applicable taxes and charges) and shall be clearly shown in the summary for the said reservation. It is automatically deducted from the payment owed to the Host for the given reservation for the Offering.
Guests have 15 days to apply for a total or a partial refund of the fees paid for a given Offering, clearly stating the reasons why they are requesting such Refund. Apyyou shall examine each application for a refund and, after performing the investigations necessary, decide whether the Guest is entitled to such total or partial refund. Please note that Apyyou fees are never refundable.
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, MACEDO & ESTEVES, LTD. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. APYYOU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE APYYOU SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH APYYOU, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
APYYOU MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS GUESTS OR HOSTS THAT CAN BE SEEN ON THE WEBSITE OR OTHER USERS OF THE SERVICES. APYYOU IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE.
APYYOU IS SOLELY THE OWNER OF THE WEBSITE AND ACTS AS AN INTERMEDIARY BETWEEN USERS. YOU HEREBY UNDERSTAND AND AGREE THAT APPYOU SHALL NOT BE A PARTY TO ANY CONTRACT OR RESERVATION FOR OFFERINGS THAT YOU MADE WITH ANOTHER USER, AS WELL AS THAT WE HAVE NOT CONTROL OVER (AND ARE NOT RELATED TO) ANY GUEST OR HOST. YOUR PURCHASE AND USE OF SERVICES OFFERED BY OTHER USERS THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
APYYOU'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT PAID BY YOU TO APYYOU FOR ACCESSING THE WEBSITE AND THE SERVICES.
APYYOU DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website and the Services shall be resolved individually, without resort to any form of class action.
Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to Apyyou for accessing the Website and the Services, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of Apyyou.
This Agreement and all rights and obligations in connection with it are governed by Portuguese law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent court of the Portuguese Republic.
You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Website or providing Apyyou with a notice of termination.
We may close your User Account, suspend your ability to use certain portions of the Website and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Your Content, Apyyou Content and/or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 14, 15, 16, 17, 18 and 19 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
We reserve the right to amend, update, or discontinue the Website at our sole discretion, at any time, with or without reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms, by email or through the Website.
Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and Apyyou regarding the use of the Website.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
In order to address a question, to resolve a complaint regarding the Website or the Apyyou Services, or to receive further information regarding the Services, please contact Apyyou using one of the following methods: