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Terms and Conditions for Establishments
Effective date: 27/09/2023
These Terms and Conditions ("Terms") govern the relationship between A.W.O.L. Travel Ltd, a Company registered in the Republic of Cyprus with company registration no. HE 456930, having its registered address at Ioanni Kapodistria 10, 3032, Limassol, Cyprus (hereafter the “AWOL”, “we”, “us”), and hospitality establishments such as restaurants, bars, pubs and hotels ("you" or "Establishment") using the AWOL platform either online or via our mobile application “AWOL” (collectively the “Services”) to offer deals, discounts, and promotions to users. By creating a business account and subscribing to AWOL’s Services, you agree to these Terms.
1. Introduction
AWOL is a platform designed to connect customers with hospitality establishments, by allowing these establishments to offer customized deals / offers / discounts (collectively the “Offers”) to AWOL users. These Offers may include free and/or discounted meals, beverages, and/or other promotions. By subscribing to AWOL, your Establishment will be featured on our platform, and you can customize and publish Offers for AWOL users.
2. Changes to the Terms
We may modify the Terms from time to time. If the changes affect your rights, we will notify you in advance by email or through the Services, or by presenting you with a new version of the Terms for you to accept. Your continued use of the Services after the effective date of an updated version of the Terms will indicate your acceptance of the Terms as modified.
We reserve the right to introduce minor changes to the Terms that do not materially affect your rights (e.g. technical corrections or description of a new feature) without notice.
3. Important Disclaimers
AWOL does not take any responsibility for the creation, management, or fulfillment of any Offers listed by Establishments on the platform. The fulfillment of Offers, including the provision of services or goods under those Offers, is solely the responsibility of the respective establishment. AWOL acts only as a facilitator, and any disputes, complaints, or issues arising from the redemption or non-redemption of Offers must be resolved directly between the Establishment and the user.
We do not guarantee any specific business outcomes, including but not limited to increased revenue, customer engagement, or transaction volume. The effectiveness of Offers offered through our platform is influenced by a variety of factors beyond our control, such as user preferences, local market conditions, competitive dynamics, and seasonal trends. As such, any projections or expectations regarding performance should be viewed as illustrative and not indicative of actual results. We encourage establishments to regularly assess their marketing strategies and adjust their Offers in response to market feedback and changes.
4. Subscriptions, Refunds, and Cancellations[1]
● Subscriptions: AWOL operates on a subscription model. Your Establishment can choose between different subscription tiers:
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$1/year for basic listing (grey icon),
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$100/year for a verified listing (orange icon),
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$2 per accepted Offer by users.
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Non-Refundable: Subscriptions are generally non-refundable except in cases where required by applicable law.
● Cancellations: You may cancel your subscription at any time [add how establishments can cancel their subscription]. However, no refunds will be issued for the remaining duration of the subscription.
5. Offer Management
Establishments have full discretion to create, manage, and/or modify their Offers on the AWOL platform. You are responsible for ensuring that all Offers are accurate, comply with applicable laws, and are clearly communicated to users. AWOL does not dictate the terms or conditions of your Offers, nor does it guarantee the success of any Offer.
Establishments may choose to pause, alter, or discontinue any Offer at any time, provided that such changes are promptly updated on the platform and that they honor any Offer accepted by a user before such Offer was paused, altered or discontinued. It is your responsibility to regularly monitor and manage your Offers to align with your business objectives and customer engagement strategies.
6. Your Privacy
AWOL respects your privacy and complies with applicable data protection laws. We collect, use, and store your information as described in our Privacy Policy[2] , which forms part of these Terms.
7. Your Use of the Services
You agree to:
· Provide accurate and current information about your Establishment, ensuring that all details are truthful and up-to-date.
· Not engage in any activity that disrupts or interferes with the AWOL platform and/or its users. This includes any malicious behavior, such as attempting to disable or bypass the platform’s technological measures.
· Ensure that all Offers comply with applicable laws and do not infringe on the rights of third parties. This includes adhering to local laws/regulations and avoiding the use of copyrighted or protected content without permission.
· Be fully responsible for the fulfillment of all Offers posted through the AWOL platform. AWOL is not responsible for ensuring compliance with Offers and/or for resolving disputes related to Offer fulfillment.
· Use the Services for your own Establishment’s benefit and not on behalf of, and/or for the benefit of, any third party.
· Use the Services in compliance with all applicable laws, and you understand that AWOL is not responsible for your use of the Services in ways that violate the law.
You SHALL NOT:
· Sell, rent, lease, loan, sublicense, or transfer your rights or obligations under these Terms to any third party.
· Modify, reverse engineer, decompile, or disassemble any part of the Services.
· Copy, adapt, alter, translate, or create derivative works of the Services without written authorization from AWOL.
· Permit other individuals or entities to use the Services, including shared access through network connections unless explicitly allowed.
· Use your account for any illegal purposes, such as transmitting communications that violate the rights of others or uploading offensive or harmful content, including software viruses or any computer code intended to harm the platform or its users.
· Upload material that contains expressions of hate, abuse, obscenity, pornography, and/or any material that may result in civil or criminal liability under applicable laws.
8. Limited License to the Services
8.1. AWOL grants you a personal, worldwide, revocable, non-transferable, and non-exclusive license (without the right to sublicense) to access and use the Services for your own business purposes, strictly in accordance with these Terms.
8.2. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, designs, icons, images, or other materials obtained from the Services without prior express written permission from AWOL. Such consent may be withheld at our discretion for any reason.
8.3. You agree not to download, display, or use any content from the Services, including content provided by AWOL or its licensors, for any publications, public performances, websites other than the Services, and/or for any commercial purposes unrelated to your Offers on the platform. This includes, but is not limited to, uses that may cause confusion among users, disparage or discredit AWOL, dilute the strength of AWOL's intellectual property, or otherwise infringe on our rights.
8.4. You further agree not to misuse any content published by AWOL or any third-party that appears through the Services. Misuse includes, but is not limited to, using the content in a manner that violates any applicable laws or regulations.
8.5. All rights, title, and interest in and to the Services, including any software, trade names, trademarks, service marks, logos, domain names, and any other identification associated with AWOL, are owned and reserved by us. If you wish to use our brand features or any content owned by AWOL, you must first obtain our written permission, which may be requested at info@awoltravel.com.
8.6. AWOL retains all rights to the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that we create and make available through the Services (collectively referred to as “AWOL Content”). Except as expressly granted herein, no additional rights are provided, and all rights in and to the Services and the AWOL Content are retained by AWOL.
9. Account Security
You are responsible for maintaining the security and confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at info@awoltravel.com if you suspect any unauthorized use of your account.
10. Warranty Disclaimer
10.1. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. This includes, but is not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, all of which are expressly disclaimed, except as required by law.
10.2. AWOL makes no assurances that:
● The Services will be secure or accessible at any specific time or place;
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Any defects or errors in the Services will be corrected;
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Any content or software accessible via the Services is free from viruses or other harmful elements;
● The Services will meet your particular needs or expectations.
10.3. Your use of the Services is at your own risk. You accept full responsibility for any damage to your computer system, mobile device, or loss of data that may result from using any of our Services.
10.4. AWOL does not guarantee or promise any specific outcomes from your use of the Services. You acknowledge and accept the risks associated with potential interruptions to the Services due to technical issues.
11. Limitation of Liability
11.1. Under no circumstances shall AWOL, its officers, directors, agents, affiliates, employees, advertisers, or data providers be held liable for any indirect, special, incidental, consequential, or punitive damages. This includes, but is not limited to, loss of use, profits, or data, whether arising from contract, tort (including negligence), equity, or any other legal theory, in connection with your use of the Services.
11.2. AWOL's total liability arising from your use of the Services shall not exceed the lower of: a) the total amount you have paid to AWOL for using the Services, or b) $100.
11.3. Some jurisdictions do not permit the exclusion or limitation of liability, so the limitations stated above may not apply to you. Nothing in these Terms excludes or limits our liability to you where such exclusion or limitation would be unlawful. If any provision is found to exclude or limit liability more than is permissible under applicable law, that provision will be deemed to exclude or limit our liability only to the maximum extent allowed by law.
12. Third-Party Services
AWOL may integrate or link to third-party services. We do not control these third-party services, and your use of them is subject to their terms and conditions. AWOL is not responsible for the content or practices of third-party services, and does not assume any liability associated with such Third Party Services.
13. Indemnity
You agree to indemnify and hold AWOL harmless from any claims, liabilities, damages, and/or expenses (including legal fees) arising from your use of the Services, your breach of these Terms, or your violation of any rights of third parties.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus. Any legal claim and/or dispute arising from these Terms and/or your use of the Services shall be brought in the courts of the Republic of Cyprus.
15. Miscellaneous
● Severability and Enforceability: If any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will continue in full force and effect.
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No Waiver: AWOL's failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
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Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. AWOL reserves the right to transfer or assign its rights and obligations under these Terms to any party by any method.
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Force Majeure: AWOL shall not be liable for any failure or delay in providing the Services due to causes beyond our reasonable control, including without limitation acts of God, war, or natural disasters.
● Translations: These Terms may be translated into other languages. In the event of any conflict between the English version and a translated version, the English version shall prevail.
16. Contact Us
If you have any questions or concerns about these Terms or AWOL's Services, please contact us at:
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Email: info@awoltravel.com.
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Address: Ioanni Kapodistria 10, 3032, Limassol, Cyprus
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