Updated July 2021
BY USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE APP.
We, Fether Limited (Company No 10991043) with a registered office at 20-22 Wenlock Rd, London, England N1 7GU, license you to use:
this mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
The related online documentation, including any instructions, articles, FAQ’s and other content (Documentation).
The group travel booking platform you connect to via the App and the content we provide to you through it (Service).
as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Using the App
The ways in which you can use the App and Documentation may also be controlled by third party’s rules and policies, such as Apple or Google (Appstore(s)). The relevant Appstore’s rules and policies will apply instead of these terms where there are differences between the two.
If you want to learn more about the App or the Service or have any problems using them please contact us on email@example.com.
This App allows you to use our proprietary technology to make group bookings for travel and accommodation. Any finalised travel arrangements made via this App are provided to you by Expedia, Inc (“Expedia”), a Fether partner company based at 1111 Expedia Group Way West, Seattle, WA98119, USA and EG Vacation Rentals Ireland Limited of Merrion Square South, Suite 303, Dublin 2 DO2 PR63 Ireland (Company Number 673084 (“VRBO).
Confirmation of travel bookings will be sent by Expedia. This means Fether does not play any role in providing any travel or accommodation arranged by you via this App once the booking is finalised and confirmed. Fether has no responsibility for the completeness or accuracy of the information published by Expedia nor any liability in relation to the bookings requested or made by you. To view the applicable Expedia General Terms and Conditions which apply to your booking, click here. To view the VRBO traveller terms and conditions, click here.
Any payments made via the App are made direct to Expedia and are governed by Expedia’s General Terms and Conditions for Booking.
Contacting us (including with complaints)
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org. If you have a complaint about your travel booking, please contact Expedia direct here.
How we will communicate with you
If we have to contact you we will do so by in app chat, email, or SMS, using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may:
download a copy of the App onto your smart phone and view, use and display the App and the Service on such devices for your personal purposes only.
use any Documentation to support your permitted use of the App and the Service.
receive and use any free supplementary software code or update of the App incorporating "patches"
and corrections of errors as we may provide to you.
You must be 18 or over to accept these terms and download the App.
We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
We may need to change these terms to from time to time to deal with updates, or changes in the law, but we will give you at least 30 days’ notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
Update to the App
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always match the description of it provided to you when you bought it.
We may collect technical data about your device
By using the App or any of the Services, you agree to us, or to us permitting a third party, to collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
We may collect location data (but you can turn location services off)
Certain services will make use of location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the App on the device. Note that if you decide to turn this functionality off, it means that you may not benefit from the full use of the App.
If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings in your user profile within the App.
You agree that you will:
except where otherwise permitted not sub-license, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
is not used to create any software that is substantially similar in its expression to the App;
is kept secure; and
is used only for the Permitted Objective;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you.
You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses.
The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
You must stop all activities authorised by these terms, including your use of the App and any Services.
You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or Contracts (Third Party Rights) (Scotland) 2017 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the Services in the either the Scottish, English, Welsh or Northern Irish courts.