Last updated: 19 May 2019
| Contact Information: | [email protected] |
| Company Registration: | PO Box 6945, Mozey Ltd, Unit 24153, London, United Kingdom, W1A 6US Company No. 11641899 |
Last updated: 19 May 2019
Terms of Service
Who are we?
MyMosey ( "us", "we" or “our” as the context requires) is a global business providing instant online travel search services (including but not limited to tours, tickets and travel activities price comparisons) and other travel related services (the MyMosey Services”) to users throughout the world via our websites, apps and other platforms (the “MyMosey Platforms”).
MyMosey is not a travel agent and is not responsible for providing, or for setting or controlling the prices applicable to, any of the travel options or products (such as tours and tickets) which you may search for, find on and/or book via the MyMosey Services or MyMosey Platforms (“Third Party Travel Products”). All such Third Party Travel Products are provided by independent travel agents, tour operators or other third parties and are subject to the terms and conditions imposed by those third parties.
The MyMosey Services and MyMosey Platforms are provided by Nomad Celebration - Mozey LTD, a private limited company incorporated and registered in United Kingdom with company number 11641899. Our company details, including correspondence address and registered office, are available here.
These Terms
These terms and conditions("Terms") govern your access to and use of the MyMosey Services and/or MyMosey Platforms and, together with our privacy policy, constitute a legal agreement between you and MyMosey. By downloading, accessing or otherwise using the MyMosey Services and/or MyMosey Platforms, you are confirming that you have read, understood and agreed to these Terms and those of the privacy policy.
We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via the MyMosey Services and/or MyMosey Platforms and you will be deemed to have accepted any amendments if you continue using the MyMosey Services and/or MyMosey Platforms after the amendments are displayed.
If you do not accept all of these Terms then you should not use the MyMosey Services or MyMosey Platforms.
Using the MyMosey Services
You may only use the MyMosey Services and MyMosey Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence access and use the MyMosey Services and/or MyMosey Platforms for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such licence to you subject to you agreeing that you shall not:
a) use the MyMosey Services and/or MyMosey Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with MyMosey;
b) use the MyMosey Services and/or MyMosey Platforms for any commercial purpose or in any manner which may cause damage to MyMosey or bring MyMosey into disrepute;
c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the MyMosey Services and/or MyMosey Platforms, except as permitted by law;
d) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the MyMosey Services and/or MyMosey Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the MyMosey Services and/or MyMosey Platforms;
e) use or interfere with the MyMosey Services and/or MyMosey Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
f) introduce onto, or transmit via, the MyMosey Services and/or MyMosey Platforms any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
g) remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on the MyMosey Services and/or MyMosey Platforms or pass off or attempt to pass off the MyMosey Services and/or MyMosey Platforms as the product of anyone other than MyMosey;
h) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the MyMosey Services and/or MyMosey Platforms or any part thereof.
Where you sign up to any feature of, or use, the MyMosey Services and/or MyMosey Platforms that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know here as soon as you can.
The MyMosey Services and MyMosey Platforms are not intended for children under 13 years of age, and no one under the age of 13 may provide any information to, on or via the MyMosey Services and/or MyMosey Platforms. We do not knowingly collect personal information from children under 13, and if we learn that we have collected or received personal information from a child under 13, we will delete that information in accordance with our privacy policy.
To the extent that any element of the MyMosey Services and/or MyMosey Platforms is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
Sharing information with us
We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personally identifiable information which you submit to or via the MyMosey Services and/or MyMosey Platforms may be used by us in accordance with our privacy policy. You agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms and with our privacy policy.
To the extent that the MyMosey Services and/or MyMosey Platforms allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with MyMosey or other MyMosey users (“User Content”), you agree that:
a) you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the licence referred to in paragraph (b) below in respect of;
b) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant MyMosey and its group companies a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing the MyMosey Services and/or MyMosey Platforms;
c) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary.
To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion. You can provide feedback to us by contacting us.
MyMosey's property
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the MyMosey Services and Platforms (together, the "Intellectual Property Rights") are owned by or licensed to MyMosey. You acknowledge that by using the MyMosey Services and/or the MyMosey Platforms, you will not acquire any right, title or interest in or to MyMosey Services and/or MyMosey Platforms or in or to the Intellectual Property Rights except for the limited licence to use the MyMosey Services and MyMosey Platforms granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the MyMosey Services and/or MyMosey Platforms in source-code form.
Other people’s property
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the MyMosey Services and/or MyMosey Platforms, please send a written notification of such infringement to the address stated at the beginning of Terms marked for the attention of our ‘General Counsel’.
Price accuracy and warranty disclaimer
Your use of the MyMosey Services and/or MyMosey Platforms is entirely at your own risk.
Although we enforce strict ‘price accuracy’ policies with all partners who provide us with travel data and endeavour to ensure that the content displayed on or via the MyMosey Services and Platforms is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. We provide the MyMosey Services and Platforms on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the Mozey LTD Services and MyMosey Platforms (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.
Making travel bookings via MyMosey
MyMosey is not a travel agent and is not responsible for providing any travel options displayed via the Mozey LTD Services and/or MyMosey Platforms or for setting or controlling the prices we display. Any Third Party Travel Products which you find and/or book via the MyMosey Services and/or MyMosey Platforms are provided by independent travel agents, travel operators or other third parties (“Travel Providers”). MyMosey facilitates your bookings with Travel Providers but is not responsible and has no liability to you in respect of such bookings. The identity of the relevant Travel Provider and the terms and conditions applicable to your booking with them (“Travel Provider Terms”) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking. The Travel Provider Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event of anything going wrong. You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations and additional charges.
Limitations and exclusions of liability
These Terms set out the full extent of MyMosey's obligations and liabilities in respect of the MyMosey Services and Platforms.
MyMosey has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the MyMosey Services and/or MyMosey Platforms (including, without limitation, any Travel Provider). In the event that you encounter any problems with any booking you make or attempt to make via MyMosey, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with MyMosey. Where the MyMosey Services and/or MyMosey Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may see advertising material submitted by third parties on the MyMosey Services and/or MyMosey Platforms. Each individual advertiser is solely responsible for the content of its advertising material and MyMosey accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the MyMosey Services and/or MyMosey Platforms; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the MyMosey Services and/or MyMosey Platforms or any content contained provided therein.
Subject to these Terms and to the extent permitted by law, our maximum aggregate liability to you arising out of or in connection with these Terms or your access to, use of, or inability to access or use, the MyMosey Services and/or MyMosey Platforms shall be limited to the sum of €100 (one hundred euro).
Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.
Your liability to us
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group, and each of our officers, directors, employees and agents, arising out of, or in any way connected with,your use of the Mozey LTD Services and/or MyMosey Platforms or breach of these Terms.
Termination
MyMosey may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account. MyMosey may suspend your use of the MyMosey Services and/or MyMosey Platforms without notice at any time, without incurring any liability to you whatsoever.
General provisions
You acknowledge that your unauthorised use of the MyMosey Services and/or MyMosey Platforms may result in irreparable damage and injury to MyMosey and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the MyMosey Services and/or MyMosey Platforms.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the MyMosey Services and/or MyMosey Platforms.
We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to us at the address provided below marked for the attention of our ‘General Counsel’.
Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.
A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
Irrespective of the country from which you access or use the MyMosey Services and/or MyMosey Platforms, to the extent permitted by law these Terms and your use of the MyMosey Services and/or MyMosey Platforms shall be governed by and construed in accordance with the laws of the United Kingdom and shall be subject to the non-exclusive jurisdiction of the court of Great Britain to resolve any disputes which may arise hereunder.
Contact us
If you require further information about MyMosey or have any suggestions concerning how to improve the Mozey LTD Services and/or MyMosey Platforms, please contact us here. Alternatively, you can write to us at PO Box 6945, Mozey Ltd, Unit 24153, London, United Kingdom, W1A 6US.
When you visit mymosey or make use of our services you automatically receive one or more cookies. The primary purpose for our use of cookies is to ensure the optimal delivery of our services. In addition, we use third party cookies for statistics and to analyse user behaviour. This policy explains in more detail the types of cookies we use, the purposes for which we use them and how you can block and remove such cookies.
A cookie is a small file, typically of letters and numbers, downloaded on to a device when the user accesses certain websites. Cookies are then sent back to originating website on each subsequent visit. Cookies are useful because they allow a website to recognise a user’s web browser or device.
The easiest way to withdraw your consent to Cookies is via the settings of the browser or device you are using to access our services. Internet browsers such as Chrome, Safari, Firefox, Opera and Edge have settings that allow you to control the way your information is collected and shared. Typically, these browsers allow you to view all the cookies they are storing on your device, delete your cache of cookies, and adjust your preferences for future collection. Guides on how to access and use such functionality are available at https://www.aboutcookies.org. The downside of using browser or device settings to withdraw your consent is that it will have the effect of disabling many of the Cookies that are essential to enabling our services to function - the impact of this is that some or all of the features and functionality we offer may stop working. Because of this, we would recommend taking a more targeted approach to withdrawing your consent.
Cookies on our websites may be set by us or by third parties under contract with us.
Our site makes use of both ‘session’ and ‘persistent’ cookies. ‘Session’ cookies remember information from page to page for filtering and completing searches before being removed when you end your session. ‘Persistent’ cookies enable our websites to recognise you when you make return visits to us, and remain stored on your computer until deleted, or until they reach a specified expiry date. Persistent cookies placed on your computer as a result of your use of our websites will never be stored for longer than 2 years from the date of your last visit.
You may find below all the various types of cookies we use, why we (or relevant third parties) use them, and includes information you can use to control and learn more about the cookies used on our site.
Essential: Essential cookies, as their name suggests, are vital to the proper functioning of the website. They enable us to remember your selections between pages, such as categories, destination, dates and the number of travellers, meaning we can pass that information on to our booking partners without you ever having to re-enter it.
Performance/User Experience: We use cookies to make sure our website performs as it needs to, and to make sure the correct results are being delivered in accordance with your selections. We also use cookies to heighten your experience by recognising whether you are a first time visitor and remembering your preferences (such as language or currency type) and previous searches.
Optimisation: Optimisation cookies allow us to see and track anonymous use data such as click trends, so we can be certain the site offers you a consistently smooth, functional and pleasant experience. We use third party service providers to assist us with optimisation.
Analytics: We also use cookies to monitor and understand more about how our websites and services are used and accessed, which in turn lets us optimise the user experience and build a website that suits the needs of our users and drive the direction of our business. We use Google Analytics who store cookies on your device to generate anonymous reports and statistics.
Google stores this information in accordance with their privacy policy.
This website uses Google Analytics, a web analysis service of Google Inc (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). This use covers the Universal Analytics operating mode. This makes it possible to assign data, sessions, and interactions across multiple devices to a pseudonymous user ID and thus analyze a user’s activities across devices. Google Analytics uses cookies that allow your use of the website to be analyzed. The information generated by the cookie through your use of this website is generally transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, however, your IP address will be truncated in advance within the member states of the European Union or other contracting states party to the Agreement on the European Economic Area. Only in exceptional circumstances will the full IP address be transmitted to a Google server in the USA and truncated there. The IP address transmitted from your browser in the context of Google Analytics will not be conflated with other Google data. Google will use this information in this website operator’s order to evaluate your use of the website so that reports about website activity can be compiled and other services connected to website and internet use can be rendered for the website operator. Our legitimate interest in data processing is also for these purposes. The legal basis for the use of Google Analytics is article 6, par. 1 f of the GDPR. The data sent by us and connected to cookies, user information (such as user ID), and promotional IDs are deleted after 14 months after the last use of our services. Data whose storage period has expired is automatically deleted once a month. More information on the terms and conditions of use and data protection can be found at https://www.google.com/analytics/terms/us.html and https://policies.google.com/?hl=en. You can prevent cookies from being stored through the relevant setting in your browser software; however, please note that if you do so, not all functions of the website may be able to be used to their full extent. You can also prevent the data generated by the cookie and related to your use of the website (including your IP address) from being collected and processed by Google by downloading and installing https://tools.google.com/dlpage/gaoptout?hl=en. Opt-out cookies prevent the future collection of your data when visiting this website.
If you have any questions regarding this policy or would like more information about the cookies used on our websites, please contact us.