9. Reviews.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by LikeFridays for accuracy and may be incorrect or misleading.
10. Content.
Parts of the LikeFridays Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant LikeFridays a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where LikeFridays pays for the creation of Content or facilitates its creation, LikeFridays may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant LikeFridays the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that LikeFridays may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. LikeFridays does not guarantee the accuracy or quality of translations, and Members are responsible for confirming the accuracy of such translations.
11. Fees.
LikeFridays may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the LikeFridays Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the LikeFridays Platform, service fees are non-refundable. LikeFridays reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change, you may terminate this agreement at any time pursuant to Section 13.2.
12. LikeFridays Platform Rules.
12.1 Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules.• Act with integrity and treat others with respecto Do not lie, misrepresent something or someone, or pretend to be someone else.o Be polite and respectful when you communicate or interact with others.o Follow our Nondiscrimination Policy and do not discriminate against or harass others.• Do not scrape, hack, reverse engineer, compromise, or impair the LikeFridays Platformo Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the LikeFridays Platform.o Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the LikeFridays Platform or Content.o Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the LikeFridays Platform.o Do not take any action that could damage or adversely affect the performance or proper functioning of the LikeFridays Platform.• Only use the LikeFridays Platform as authorized by these Terms or another agreement with uso You may only use another Member’s personal information as necessary to facilitate a transaction using the LikeFridays Platform as authorized by these Terms.o Do not use the LikeFridays Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.o You may use Content made available through the LikeFridays Platform solely as necessary to enable your use of the LikeFridays Platform as a Guest or Host.o Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.o Do not request, make, or accept a booking or any payment outside of the LikeFridays Platform to avoid paying fees, taxes, or for any other reason. See our Offline Fee Policy for exceptions.o Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact with a third-party website, application, or service before, during, or after a Reservation, unless authorized by LikeFridays.o Do not engage in any practices that are intended to manipulate our search algorithm.o Do not book Host Services unless you are actually using the Host Services.o Do not use, copy, display, mirror, or frame the LikeFridays Platform, any Content, any LikeFridays branding, or any page layout or design without our consent.• Honor your legal obligationso Understand and follow the laws that apply to you, including privacy, data protection, and export laws.o If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.o Read and follow our Terms, Additional Legal Terms, Policies, and Standards.o Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your Reservation that violates our rules for parties and events, as incorporated by reference herein.o Do not use the name, logo, branding, or trademarks of LikeFridays or others without permission, and only as set forth in our Trademark Guidelines.o Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with LikeFridays branding.o Do not offer Host Services that violate the laws or agreements that apply to you.o Do not offer or solicit prostitution or participate in or facilitate human trafficking.12.2 Reporting Violations. If you believe that a Member, Listing, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting LikeFridays. In addition, if you believe that a Member, Listing, or Content has violated our Standards, you should report your concerns to LikeFridays. If you reported an issue to local authorities, LikeFridays may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.12.3 Copyright Notifications. If you believe that Content on the LikeFridays Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
13. Termination, Suspension, and other Measures.
13.1 Term.
The agreement between you and LikeFridays reflected by these Terms is effective when you access the LikeFridays Platform (for example, to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. LikeFridays may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. LikeFridays may also terminate this agreement immediately and without notice and stop providing access to the LikeFridays Platform if you breach these Terms, you violate our Additional Legal Terms or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect LikeFridays, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) LikeFridays believes it is reasonably necessary to protect LikeFridays, its Members, or third parties; LikeFridays may, with or without prior notice: • suspend or limit your access to or use of the LikeFridays Platform and/or your account; • suspend or remove Listings, Reviews, or other Content; • cancel pending or confirmed bookings; or • suspend or revoke any special status associated with your account.For minor violations or where otherwise appropriate as LikeFridays determines in its sole discretion, you will be given notice of any intended measure by LikeFridays and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Host will be reduced by the amount we refund or otherwise provide to the Guest, and by any other costs we incur as a result of the cancellation.13.4 Legal Mandates. LikeFridays may take any action it determines is reasonably necessary to comply with applicable law or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.13.5 Effect of Termination. If you are a Host and terminate your LikeFridays account, any confirmed booking(s) will be automatically canceled, and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically canceled, and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the LikeFridays Platform has been limited, or your LikeFridays account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the LikeFridays Platform through an account of another Member.13.6 Survival. Parts of these Terms that by their nature survive termination will survive termination of this agreement, including Sections 2 through 26.
14. Modification.
LikeFridays may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the LikeFridays Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the LikeFridays Platform will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
If a Member provides valid evidence that you, your guest(s), or your pet(s) damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages ("Damage Claim"), the complaining Member can notify LikeFridays and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to LikeFridays and LikeFridays determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, LikeFridays via LikeFridays Payments can collect the amount of the Damage Claim from you. You agree that LikeFridays may seek to recover from you under any insurance policies you maintain and that LikeFridays may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information LikeFridays requests, execute documents, and take further reasonable action in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
16. LikeFridays’s Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. While we work hard to ensure our Members have great experiences using LikeFridays, we do not and cannot control the conduct of Guests and Hosts. You acknowledge that LikeFridays has the right, but does not have any obligation, to monitor the use of the LikeFridays Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the LikeFridays Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that LikeFridays administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as basic requirements for hosts), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist LikeFridays in good faith, and to provide LikeFridays with such information and take such actions as may be reasonably requested by LikeFridays with respect to any investigation undertaken by LikeFridays regarding the use or abuse of the LikeFridays Platform. LikeFridays is not acting as an agent for any Member except for where LikeFridays Payments acts as a collection agent as provided in the Payments Terms.
17. Member Accounts.
You must register an account to access and use many features of the LikeFridays Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the LikeFridays Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify LikeFridays if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
18. Disclaimer of Warranties.
We provide the LikeFridays Platform and all Content "as is" without warranty of any kind, and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Guest, Host, Host Service, Listing, or third party; (ii) we do not warrant the performance or non-interruption of the LikeFridays Platform; and (iii) we do not warrant that verification, identity, or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or LikeFridays has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
19. Limitations on Liability.
Neither LikeFridays (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the LikeFridays Platform or any Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the LikeFridays Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the LikeFridays Platform, or (iv) publishing or booking of a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not LikeFridays has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.Except for our obligation to transmit payments to Hosts under these Terms, or make payments under the LikeFridays Host Damage Protection or Japan Host Insurance, in no event will LikeFridays’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the LikeFridays Platform, any Content, or any Host Service, exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).These limitations of liability and damages are fundamental elements of the agreement between you and LikeFridays. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
20. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at LikeFridays’s option), indemnify, and hold LikeFridays (including LikeFridays Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the LikeFridays Platform, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
21. Contracting Entities.
Based on your country of residence or establishment and what you are doing on the LikeFridays Platform, Schedule 1 below sets out the LikeFridays entity with whom you are contracting. If we identify through the LikeFridays Platform, a LikeFridays entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the LikeFridays entity so identified is your contracting entity with respect to that product, feature or transaction. If you change your country of residence or establishment, the LikeFridays company you contract with (as set out on Schedule 1) and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, from the date on which your country of residence or establishment changes.22. United States Governing Law and Venue.
If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
23. United States Dispute Resolution and Arbitration Agreement.
23.1 Application.
This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against LikeFridays in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
23.2 Overview of Dispute Resolution Process.
LikeFridays is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with LikeFridays's customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and LikeFridays each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.
At least 30 days prior to initiating an arbitration, you and LikeFridays each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to LikeFridays by mailing it to LikeFridays's agent for service: [Company Name], [Address], [City], [Postcode]. LikeFridays will send its notice of dispute to the email address associated with your LikeFridays account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration with the AAA and providing a copy to the other party as specified in the AAA Rules.
23.4 Agreement to Arbitrate.
You and LikeFridays mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the LikeFridays Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and LikeFridays agree that the arbitrator will decide that issue.
23.5 Exceptions to Arbitration Agreement.
You and LikeFridays each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the LikeFridays Platform or Host Services. You and LikeFridays agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
23.6 Arbitration Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here.In order to make the arbitration most convenient to you, LikeFridays agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in San Francisco County; (c) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
23.8 Modification of AAA Rules - Attorney’s Fees and Costs.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
23.9 Arbitrator’s Decision.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
23.10 Jury Trial Waiver.
You and LikeFridays acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
23.11 No Class Actions or Representative Proceedings.
You and LikeFridays acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
23.12 Severability.
Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
23.13 Changes to Agreement to Arbitrate.
If LikeFridays changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and LikeFridays (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and LikeFridays.
23.14 Survival.
Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the LikeFridays Platform or terminate your LikeFridays account.
24. China Governing Law and Dispute Resolution.
24.1 China Domestic Transactions.
If you reside or have your place of establishment in China, and are contracting with LikeFridays China, these Terms and this Section 24.1 are governed by the laws of the People’s Republic of China. In this situation, any dispute arising from or in connection with these Terms or use of the LikeFridays Platform shall be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration which shall be conducted in accordance with the Commission’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. The tribunal shall consist of three (3) arbitrators. The seat of the arbitration shall be Beijing. The language of the arbitration shall be English.
24.2 Cross-border Transactions.
If you reside or have your place of establishment in China, and are contracting with LikeFridays, Inc., LikeFridays Travel, LLC, LikeFridays Ireland UC, or any other non-China entity, these Terms and this Section 24.2 are governed by the laws of Singapore. In this situation, any dispute arising out of or in connection with these Terms or use of the LikeFridays Platform, including any question regarding the existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
24.3 Without Limitation Provisions.
The above Sections 24.1 and 24.2 are expressed to be without regard to conflict of laws provisions and shall not be construed to limit any rights which LikeFridays may have to apply to any court of competent jurisdiction for any order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of Singapore, the People’s Republic of China, or any other laws that may apply to you.
As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that LikeFridays is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.
Section 24 of these Terms contains an arbitration agreement and class action waiver that applies to all claims brought against LikeFridays in the United States. Please read them carefully.
Last Updated: January 25, 2023
Thank you for using LikeFridays!
These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and LikeFridays that govern your right to use the websites, applications, and other offerings from LikeFridays (collectively, the “LikeFridays Platform”). When used in these Terms, “LikeFridays,” “we,” “us,” or “our” refers to LikeFridays B.V.
The LikeFridays Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer accommodations (“Accommodations”), activities, excursions and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the LikeFridays Platform, and must keep your account information accurate. As the provider of the LikeFridays Platform, LikeFridays does not own, control, offer or manage any Listings, Host Services, or tourism services. LikeFridays is not a party to the contracts entered into directly between Hosts and Guests, nor is LikeFridays a real estate broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. LikeFridays is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about LikeFridays's role see Section 16.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the LikeFridays payment entities (collectively "LikeFridays Payments").
If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
25. Brazil Governing Law and Venue.
If you reside or have your place of establishment in Brazil, these Terms will be interpreted in accordance with the laws of Brazil, without regard to conflict-of-law provisions. Legal proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Brazil.
26. Rest of World Dispute Resolution, Venue and Forum, and Governing Law.
If you reside or have your place of establishment outside of the United States, China, and Brazil, this Section applies to you and these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As an individual consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of LikeFridays's place of business in Ireland. If LikeFridays wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
27. Miscellaneous.
27.1 Other Terms Incorporated by Reference.
Our Host Damage Protection, Japan Host Insurance Terms, Rebooking and Refund Policy, Experiences Guest Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the LikeFridays Platform, are incorporated by reference, and form part of your agreement with LikeFridays.
27.2 Interpreting these Terms.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between LikeFridays and you pertaining to your access to or use of the LikeFridays Platform and supersede any and all prior oral or written understandings or agreements between LikeFridays and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and LikeFridays. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
27.3 No Waiver.
LikeFridays’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
27.4 Assignment.
You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without LikeFridays's prior written consent. LikeFridays may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
27.5 Notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by LikeFridays via email, LikeFridays Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide. If a notification relates to a booking or Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies LikeFridays’s obligations under Article 59 (1) of the Japanese Housing Accommodation Business Act.
27.6 Third-Party Services.
The LikeFridays Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. LikeFridays is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
27.7 Google Terms.
Some translations on the LikeFridays Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the LikeFridays Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
27.8 Apple Terms.
If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
27.9 LikeFridays Platform Content.
Content made available through the LikeFridays Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of LikeFridays and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the LikeFridays Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, LikeFridays grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the LikeFridays Platform and accessible to you, solely for your personal and non-commercial use.
27.10 Force Majeure.
LikeFridays shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
27.11 Emails and SMS.
You will receive administrative communications from us using the email address or other contact information you provide for your LikeFridays account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a LikeFridays account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
Additional Terms Applicable to Business Users:
If you are a Business User, the following additional terms apply to you:
Business Users:
You are considered a "Business User" under these Terms if (i) your place of residence or establishment is within the EEA or the United Kingdom, (ii) you meet the definition of a 'business user' outlined in Article 2(1) of Regulation (EU) 2019/1150, and (iii) you have notified LikeFridays by adding your business details to your LikeFridays account.
Termination, Suspension, and Other Measures:
If LikeFridays takes any measures under Section 13.2 and 13.3, you will have the opportunity to clarify the circumstances within the framework of LikeFridays' internal complaint-handling process, as described in Section 27.
Complaints Handling and Mediation:
LikeFridays aims to handle complaints transparently and treat all Business Users fairly. Refer to our Help Center for information on accessing our internal complaint-handling system and the mediation service available if a complaint remains unresolved.
Access to Data:
As a Business User, you have access to personal and other data in your LikeFridays account and host dashboard. This data is necessary for the performance of your Host Services and includes aggregated information about searches, bookings, and listing performance. Please refer to our Privacy Policy for details on the data we collect, use, process, disclose, retain, and your data rights.
Additional Distribution Channels:
LikeFridays operates an affiliate program that may feature your listings on third-party websites. Listings may also appear in LikeFridays' advertisements on third-party websites.
