TERMS          AND         CONDITIONS

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone or by any other means of communication. By accessing, browsing and using any of our applications through whatever platform (hereafter collectively referred to as the "Rig App") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

 

These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the Rig App are owned, operated and provided by Rig App and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.

 

0.Definitions

"Rig App", "us", "we" or "our" means Rig App Limited., a limited liability company incorporated under the laws of England and Wales, and having its registered address at. Porch Cottage, Weston Lullingfields, Shrewsbury, Shropshire , SY42AW, United Kingdom.

 

"Platform" means the Rig App and applications on which the Services is made available, owned, controlled, managed, maintained and/or hosted by Rig App.

 

"Services" means the online reservation service (including the facilitation of payments) of various products and services as from time to time made available by Suppliers on the Platform, including in particular classes, events and offers.

 

"Supplier" means the provider of Services and/or related product or service as from time to time available for reservation on the Platform.

 

1.Scope of our Services

 

Through the Platform, we (Rig App and our affiliate (distribution) partners if any) provide an online platform through which Suppliers can advertise their products and service for reservation, and through which visitors of the Platform can make such reservations (i.e. the reservation service). By making a reservation through Rig App, you enter into a direct (legally binding) contractual relationship with the Supplier with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the Supplier, transmitting the details of your reservation to the relevant Supplier(s).

 

When rendering our Services, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Services, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform.

 

Our Services is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

 

2.Prices

The prices on our Platform are highly competitive.

All prices are displayed including VAT/sales tax and all other taxes (subject to change of such taxes).

Prices are per person.

RIG charges a £0.25p booking fee in order to mitigate the transaction fees our platform incurs.

Applicable fees and taxes may be charged by the Supplier in the event of a no-show or cancellation.

 

Sometimes cheaper rates are available on our Platform for a specific product or service, however, these rates made available by Suppliers may carry special restrictions and conditions, for example non-cancellable and non-refundable.

 

Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.

 

Obvious errors and mistakes (including misprints) are not binding. All special offers and promotions are marked as such.

3.Privacy and cookies

Rig App respects your privacy. Please have a look at our privacy policy for further information.

3.1 Our compliance with the General Data Protection Directive

The new law on data protection, the GDPR, applies to us in our dealings with you. We are fully compliant with this new law, and we will ensure, in respect of the personal data you give us, that:

  1. Your personal data is processed fairly and lawfully

  2. Your personal data is obtained only for the lawful purposes that facilitate your dealings with us and shall not be further processed in any manner incompatible with those purposes.

  3. The personal data we obtain from you is adequate, relevant and not excessive in relation to the purpose or purposes for which processing is required.

  4. Your personal data will, at your request or as known to us from your dealings with us, be updated and corrected.

  5. Your personal data processed for any purpose or purposes will not be kept for longer than is necessary for that purpose or those purposes.

  6. Your personal data is processed in accordance with your rights as a data subject under the GDPR. In this regard, see more below

  7. Appropriate technical and organisational measures will be taken by us against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data.

  8. Your personal data will not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

3.2 Your rights under the GDPR

The GDPR provides the following rights for individuals which we respect and to which we adhere. The rights you have as a “data subject” (as the GDPR describes you to be) are as follows:

  1. The right to be informed about our use of your personal information

  2. The right to access the personal information we hold on you

  3. The right to correct errors in the personal information we hold on you

  4. The right to have the personal information we hold on you erased

  5. The right to restrict processing by us of your personal information

  6. The rights to “data portability” as prescribed by the GDPR, of the personal information we hold on you

  7. The rights in certain circumstances specified in the GDPR, including use for direct marketing, to object to our processing of your personal information

  8. The rights in relation to automated decision making and profiling as specified in the GDPR.

  9. The right to claim compensation for damages caused to you by our breach of the GDPR.

Contact us via the contact details given below if you wish to exercise any of your rights under the GDPR, or if you have any questions or wish to check on any aspect relating to your personal data held by us. Please note we do not process details relating to your means of payment, nor do we process personal information you may supply to third parties you have accessed via our services.

Contact details: support@rigapp.co.uk 

 

4.Credit card or bank transfer

Suppliers offer the opportunity for reservations to be paid to the Supplier during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). Rig App facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) at the election of the Supplier (Rig App never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the Supplier through a third-party payment processor, Stripe. Any payment facilitated to the Supplier in this manner will, in each case, constitute a payment of all or part of the booking price by you for the relevant product or service and you cannot reclaim such paid monies.

 

When a reservation is paid by credit or debit card, it will be processed by Stripe which act as an independent third party and the merchant of record, and is appointed by, and has contractual relationship with, the Supplier to process your reservation payment as the Supplier’s agent. Stripe will be identified as the merchant of record. Upon receipt of payment by Stripe your obligation to the Supplier is extinguished.

 

Although Stripe take ultimate responsibility for the credit card or debit card payment, Rig App will take care of Customer Support in case of questions related to a reservation paid by credit card or debit card.

 

If you are paying a reservation by credit card or debit card processed by Stripe the transaction shall be governed by the laws of England and Wales, to the extent permitted by applicable laws.

 

 

In the event of fraud or unauthorised use of your credit or debit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (customerservices@rigapp.co.uk). Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Rig App's secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

 

5.Pre-payment, cancellation, refunds, no-show and fine print

RIG has a set 12 hour cancellation window. If you make a successful refund request RIG will refund the fee you paid minus £1 in order to protect RIG from the incurred transaction fees. Within 12 hours the class will be deemed as non-refundable and non-negotiable. By making a reservation with a Supplier, you accept and agree to the relevant no-show policy of that Supplier, and to any additional terms and conditions of the Supplier that may apply to your reservation (including the fine print of the Supplier’s terms and conditions and house rules made available on our Platform during the reservation process. The general cancellation policy is made available on our Platform on the checkout screen, during the reservation procedure and in the wallet section of the app. Please note that certain rates or special offers are not eligible for cancellation or change. Applicable payments may still be charged by the Supplier in the event of a no-show or cancellation. Please check the reservation details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or partial prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the Supplier and the reservation. Cancellation and prepayment policies may vary according to Supplier. Please carefully read the fine print for the relevant Supplier on our Platform, and important information for additional policies as may be applied by the Supplier. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any prepaid amount unless the Supplier agrees or allows otherwise under its (pre)payment and cancellation policy.

 

If you wish to review, adjust or cancel your reservation, please revert to the booking stored in the wallet section of the app and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with RIG's 12 hour cancellation window, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the Supplier carefully prior to making your reservation. Rig App does not accept any liability or responsibility for the consequences of your failing to honour your reservation, or any cancellation or charged no-show fee by the Supplier. Please see the below scenarios for reference. For any more information please visit our FAQ’s.

 

6.Correspondence and communication

By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your reservation date, giving you information relevant to your reservation, and (ii) an email which we may send to you promptly after your inviting you to complete our user review form. Please see our privacy and cookies policy for more information about how we may contact you.

 

Rig App disclaims any liability or responsibility for any communication with the Supplier on or through our platform. You cannot derive any rights from any request to, or communication with the Supplier or (any form of) acknowledgement of receipt of any communication or request. Rig App cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Supplier.

 

In order to duly complete and secure your reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit or debit card number.

 

Any claim or complaint against Rig App or in respect of the Services must be promptly submitted, but in any event within 30 days after the scheduled day of delivery of the product or service. Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

 

7. Reviews

The completed visitor or user review may be (a) uploaded onto the relevant Supplier's information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Supplier, and (b) (wholly or partly) used and placed by Rig App at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Rig App and our business partners. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

 

8. Discount codes, Credits and Rewards

Promo codes must be entered during checkout in the “Payment” step. To use, enter your promo code and click “APPLY”. The following are the RIG promo code terms and conditions:

  • Cannot be applied to existing orders

  • Discount codes have expiry dates

  • Cannot be used on already discounted classes or events

  • Unless otherwise specified, cannot be used for multiple purchases.

  • Not transferable, and not redeemable for cash, credit, or towards previous purchases.

  • Certain classes, studios, events may be excluded from discount codes, which will be communicated at the time of the promotion.

Review the specific terms of the promo code for more information. If you have any additional questions about promotions, or need help placing your order, please email info@rigapp.co.uk

 

Credits and Rewards

 

From time to time, RIG may run promotions where you can earn credit points or rewards for sharing their RIG booking on social media or for recommending a friend. These credit points are not exchangeable or redeemable for cash and may expire within a set period of time if not used. Credit points may be redeemed in accordance with the credit redemption policy of RIG. Please see the promotion rules for more information.

 

RIG Refer A Friend

 

Refer-A-Friend Program: If you are an existing, paying RIG registered user (“Referrer”) you can refer friends to subscribe to the RIG service in return for credit in the App. This can be achieved by logging into your account on the RIG App and copying your unique referral code provided by RIG (“Referral Code”) and sending it to your friend(s) (“Referred Friend(s)”) by another method, such as SMS, social media or from a personal email account.

For each Referred Friend that activates the Referrer’s Referral Code, you will receive a one-time amount of credit and the Referred Friend will receive a one-time amount of credit (“Referral Credit”). You and your Referred Friends will receive the Referral Credit amount advertised in the RIG App. You will receive the one-time amount of credit when your Referred Friend completes their first booking. Confirmation of the credit will be received on your profile in the app. Referral Credit amounts may vary by venue and geographical area and are subject to change at any time without notice.

When you or any of your Referred Friends receive a Referral Credit it can only be used once at any specific venue or studio. If you or your Referred Friends have multiple credits, each credit must be used at a different venue or studio

Referrers: To qualify, you must be a registered RIG user. When using your Referral Code, you must make sure you clearly explain that each Referred Friend will receive a Referral Credit.

Referred Friends: To be eligible to participate in the Refer-a-Friend Program, Referred Friends must be new to RIG (can’t already have an active or inactive RIG account), must be at least 16 years old and otherwise qualify to be a RIG user.

Conditions: RIG will only honour the first Referral Code through which a Referred Friend redeems the Refer-a-Friend offer.

No combination or cash value: Referral Credits may not be: (i) sold or transferred; or (ii) redeemed for cash.

Expiry: Unless otherwise stated, all unused Referral Credits expire after 4 weeks from activation.

General: Referrers and Referred Friends must comply with RIG terms and policies and the terms and policies of any social media site where a Referral Code is posted/used. Referral Codes are for individual, personal use only and may not be used for commercial purposes, which for the avoidance of doubt includes but is not limited to affiliate lead generation and bidding on RIG search terms in connection with the Referral Code. RIG reserves the right to cancel the Refer-a-Friend Program or to change these terms and conditions at any time in its sole discretion. Any unused Referral Codes will expire at that time. By participating in the Refer-a-Friend program you are agreeing to these terms and conditions, the RIG app Terms of Use and the RIG Privacy Policy. RIG reserves the right to revoke any Referral Credit and/or otherwise disqualify any Referrer or Referred Friend in the event of any suspected fraud, misuse or violation of the terms and conditions.

 

 

Platinum Subscription plan - features and benefits to the user and subscriber

 

  • As a user you can see the details of the Platinum subscription plan offered by RIG in the ‘plans’ section.

  • As a user you can choose to take a free trial of the Platinum subscription plan for 14 days so that you can experience the benefits of what you am getting with that plan.

  • As a user you can cancel the 14 day free trial at any time. 

  • As a Platinum subscriber you get an additional 30% off any class on RIG. This 30% is calculated off the current price of that class in the app. For example, if the original price of a class was £20, on the RIG app it is £18. If you take out the Platinum subscription plan that £18 is reduced by another 30% to £12.60

  • As a Platinum subscriber you are sent ad hoc exclusive giveaways by RIG. This could range from invites to events and brand giveaways.

  • As a Platinum subscriber when you are on the 14 day trial or a regular subscriber you have a membership card in the app which makes me part of an elite group of fitness users.

  • As a Platinum subscriber you can get access to a qualified nutritionist via a Calendly link so that you can arrange a phone call with them.

  • As a Platinum subscriber, you can get notified via a push notification/and or Facebook Messenger about class price drops 1 hour prior to any other regular user of the RIG app so that you can get early access to those classes and book them at the best possible price.

 

Terms and conditions for the user who purchases the Platinum subscription plan

 

  • The cost of the Platinum subscription is £15.59 (including vat) and is charged on a monthly basis on the day of the first initial billing.

  • The subscription payment is run through Stripe

  • After the free trial expires the subscriber is automatically upgraded to the Platinum subscription plan

  • If you cancel your Platinum subscription you will not be charged on the next billing date but will have access to all the Platinum subscriber features until the next billing date when you will then be removed from the Platinum subscription plan and no longer able to use its features

  • The Platinum subscription plan discount of 30% is applicable to all the classes of all the studios.

  • The subscription for the Platinum subscription plan is non-refundable, except in the special circumstances described below in the detailed terms and conditions.

  • RIG will ask to verify your phone number when you want a free trial of the Platinum subscription plan. You will not be able to start the free trial if you decline to verify the number.

  • As a user you can purchase the subscription plan and make the payment for the same using various payment methods offered by the app.

  • As a platinum subscriber you can view the subscription plan renewal date so that you can be aware of any future payment that you need to take care of.

  • As a platinum subscriber you can cancel the subscription plan so that you can avoid getting charged for the same on next renewal date.

  • As a user you can view that your subscription plan is successfully cancelled, and you can opt for it again if required.

  • As a subscriber if you cancel your subscription you will be asked to submit feedback as to why you are cancelling.

  • On the 14 day free trial the booking fee is higher in order to protect RIG losing money from third party charges. Once you make the first initial payment of the subscription the plan the booking fee reduces

  • When on the 14 day free trial RIG will hold back certain features which will become available when the you become a paying subscriber

  • You will not be able to get a further free trial if you have already had a free trial. If you have had or have cancelled a free trial, you will have to pay the subscription upfront if you want to access the benefits of the Platinum subscription plan. 

 

Additional Terms and Conditions

 

By initiating your RIG subscription, you authorise us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

You also authorise us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee and taxes. Note that even if you do not use the subscription or access the Site and/or Classes, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.

A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method or reactivate a pre-existing subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise, each billing cycle is one month in length (a “Subscription Cycle”). Your RIG subscription automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your subscription is cancelled or terminated. For example, if you purchase your RIG subscription on April 5, your subscription will automatically renew on May 5.

You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to times. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until cancelled or terminated.

Free Trial. We may offer you a free trial to test our features of the plan, however we have the right to hold certain features back in this free trial period. If you cancel your subscription you will not be able to trial the free trial again.

Exclusive giveaways and Price drop notifications. Exclusive giveaways include the likes of deals and discounts from partnering brands and exclusive invites. These are random and sent solely to the subscribing community. The subscribing community will be sent price drop notifications of their select classes 1hr before the non-subscribing community in order to ensure you receive the best possible prices.

 

Booking fees. On the free trial we raise the booking fee in order to help reduce the charges RIG receives by our booking platform party. When moving off the free trial to a paid up subscription, this booking fee will decrease.

 

Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are non-refundable, unless we specifically communicate otherwise at the time of purchase. However we will provide a refund to subscribers for their current prepaid period in the following circumstances: (you) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law (such class fee charges not to exceed the cost of the subscription itself). We do not provide refunds or “make good” for any prior months.

Recurring Billing. By initiating your RIG subscription, you authorise us to charge you for your initial subscription period and a recurring monthly subscription fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice (such as when you log into your account). You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorise us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, taxes or cancellation or late fees, as further explained below. Note that even if you do not use the subscription or access the Site and/or Classes, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.

Subscription Cycle. When you sign up and purchase your RIG membership, your first Subscription Cycle will be billed immediately after the trial period. Your subscription will automatically renew each month and you will be billed on the same date each month (being the date on which you signed up), provided that, where such date does not exist in particular renewal month, your subscription will be deemed to auto-renew on the day immediately following the date of expiry of your current membership cycle. For example, if you signed up on January 31st, your next auto-renew date will be March 1st, and payment will be taken using your Payment Method on (or as soon as practically possible) after that date. All membership auto-renews will continue to take place on the new auto-renew date (you.e., in this example, the 1st of each month). Payment will be taken on the effective date of your auto-renew (a “Renewal Date”), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter.

Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the RIG website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.

Payment Methods. You may edit your Payment Method information in our mobile app and editing it at checkout or in the memberships section on your profile. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

Cancellation. Unless we communicate otherwise, you may terminate your subscription at any time before your subscription renews, by going into your membership section on RIG profile and letting us know you would like to cancel. Unless we communicate otherwise, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel and receive a refund, in which case your access will be terminated immediately.

Other Fees. You are responsible for paying applicable fees if you do not cancel a class you had reserved with appropriate notice or do not attend your scheduled class. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees (such as a sign-up fee) and to change the amount of any such fees at any time.

 

 

Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).

 

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

 

Whether or not the Supplier has charged you for your reservation, product or service, or if we are facilitating the payment of the price thereof, you agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price to the relevant tax authorities. Rig App is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the price to the relevant tax authorities. Rig App does not act as the merchant of record for any product or service made available on the Platform.

 

By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Rig App may use the uploaded photos/images on its (mobile) Rig App and app, and in (online/offline) promotional materials and publications and as Rig App at its discretion sees fit. You are granting Rig App a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Rig App at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Rig App publishing and using these photos/images. Rig App does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Rig App.

Rig App disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Rig App at any time and without prior notice.

 

Intellectual property rights

Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Rig App, its suppliers or providers.

 

Rig App exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the visitor or user reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including visitor or user reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or visitor or user reviews, you hereby assign, transfer and set over all such intellectual property rights to Rig App. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

 

Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of England and Wales and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in England and Wales. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.