Terms & Conditions
YourWelcome Technology Ltd is the operator of www.yourwelcome.com (the “Site”).
YourWelcome Technology Ltd is registered in England and Wales, (Company Number 15190995). The registered office of the company is 25 Sulivan Road, London SW6 3DT, United Kingdom.
By accessing, browsing and using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not access this Site.
YourWelcome Technology Ltd (also known as “YourWelcome”) reserves the right to revise these Terms at any time and you are encouraged to review these Terms each time you visit the Site
BY ACCESSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE OR THE APP. PRICE INFORMATION FOUND ON THIS SITE OR THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. YOURWELCOME RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE
We grant you a person specific, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right to revise the products and services available on the Site. We may also impose rules for and limits on use of the Site, restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Usage of the Site
You may use the Site only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of YourWelcome.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site.
Registration and Passwords
In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read YourWelcome Privacy Policy.
Additional Terms and Conditions
The Site is available to registered users who are 18 years + who have not been banned or removed by YourWelcome for any reason (a “Member”). We reserve the right to revoke your membership for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. Where we revoke your membership, this will not affect current orders which we have acknowledged unless we revoke as a result of your breach of these Terms or the Privacy Policy or any other guidelines or rules, in which case we may terminate all existing orders and will not be obliged to make any refund. In event that we revoke your subscription membership, you will reimbursed any subscription fees on a pro rata basis. Membership is void where prohibited by law.
Orders / Contracts
Subscribing to the YourWelcome software, (including the tablet) is done by clicking the “Submit Order” button on the checkout page. You are responsible for checking your details are correct at the point you click the “Submit Order” button on the checkout page.
Your order constitutes a subscription agreement between YourWelcome and yourself. All orders are subject to acceptance by YourWelcome. YourWelcome is not obliged to accept your order and may in its discretion, decline to accept any order. Where YourWelcome accepts your order, it will confirm such acceptance to you by sending you an email that confirms that the product has been ordered.
By purchasing a subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the original subscription rate. Your credit card will be charged on the same day as you purchased your subscription every calendar period.
You are responsible for ensuring a valid payment method is attached to your account at all times. You are able to manage and update your payment method from the YourWelcome dashboard.
Your order will be fulfilled in a reasonable time from the date of your order. You recognise, though, that occasionally because of delays from domestic postal, international shipping partners and for other reasons beyond our control it is possible that orders may be delivered more than 30 days after the order.
We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.
Selling Services & Revenue Generation
There are two ways to generate revenue from the YourWelcome platform, (YourWelcome Tablets & YourWelcome Advance (also known as GuestGuides.com)):
ON-DEMAND SERVICES:
YourWelcome tablets come pre-installed with a range of partnerships with companies providing on-demand services, (including but not limited to), food delivery, taxi services and tourist tickets. These relationships operate on an affiliate commercial relationship between YourWelcome and the on-demand service provider. YourWelcome receives a percentage of sales from each transaction that ranges between 0.25% – 20%, depending on the partner.
You are paid 20% of the revenue that YourWelcome receives from each transaction.
SERVICES YOU ADD TO THE PLATFORM:
YourWelcome can be used as an ecommerce platform that enables you to sell any service that you like to your guests. You set up the services using the YourWelcome web portal (dashboard), setting up the price, summary of service and any rules / regulations. The service is displayed on the tablet and guests are able to purchase the service through the device, using either their credit/debit card or PayPal. YourWelcome processes the payment through Stripe or PayPal. The payment processer charges a transaction fee that varies from card type and origin of guest.
You are responsible for ensuring that any services you add to the platform conform to local laws and that you can fulfil any and all orders placed via your tablets.
Users are required to add their own Stripe account to the YourWelcome dashboard and all revenue from Services will automatically be paid directly into your Stripe account.
CONSUMER RIGHTS AND CANCELLATION
You may cancel your order and receive a refund at any time before your order is delivered. In this case, you will receive a full refund of the price paid for the products.
If you live in a region where there is a legal obligation to issue a refund on early cancellation, you will be eligible for a refund. For example, if you live in the EU, you can cancel your subscription within 14 days of the original purchase (as per UK legislation known as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). YourWelcome will refund the full amount on return of the device(s) excluding shipping costs (as long as the device is in its original condition).
To cancel your order, you must inform YourWelcome by email (cancellations@yourwelcome.com), giving us your name, address, up to date contact telephone number and order reference. You must return the tablet device to YourWelcome within 14 days of notifying us of the cancellation in the same condition in which you received them and at your own cost.
Once the YourWelcome devices are returned undamaged and in their original state to either our UK or US office. YourWelcome Technology Limited, 289 Kennington Lane, Office 15, London SE11 5QY, United Kingdom your subscription will be cancelled.
AUTOMATIC RENEWAL TERMS
With respect of YourWelcome subscriptions subject to automatic renewal, you agree that YourWelcome may submit periodic charges (e.g., monthly, quarterly, six monthly or annually) to your chosen payment method without additional authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before YourWelcome can reasonably act on the request.
MONTHLY SUBSCRIPTIONS
By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by YourWelcome after the expiration date of your payment card.
CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS
You may cancel your Monthly Subscription by giving YourWelcome a minimum of 3 working days notice prior to the auto-renewal date. Cancellations can only be made via email communication via cancel@yourwelcome.com or by contacting your account manager by the same method. If you cancel, you are responsible for returning the YourWelcome tablet device at your cost prior to the end of the subscription period.
6 MONTHLY SUBSCRIPTIONS
By purchasing a 6 Month Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by YourWelcome after the expiration date of your payment card.
CANCELLATION POLICY FOR 6 MONTHLY SUBSCRIPTION RENEWALS
You may cancel your 6 Monthly Subscription by giving YourWelcome a minimum of 3 working days notice prior to the auto-renewal date. Cancellations can only be made via email communication via cancel@yourwelcome.com or by contacting your account manager by the same method. If you cancel, you are responsible for returning the YourWelcome tablet device at your cost prior to the end of the subscription period.
ANNUAL SUBSCRIPTIONS
By purchasing an Annual Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for one full year of service and a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate and you accept responsibility for all recurring charges prior to cancellation.
CANCELLATION POLICY FOR ANNUAL SUBSCRIPTION RENEWALS
You may cancel your Annual Subscription by giving YourWelcome a minimum of 3 working days notice prior to the auto-renewal date. Cancellations can only be made via email communication via cancellations@yourwelcome.com or by contacting your account manager by the same method. If you cancel, you are responsible for returning the YourWelcome tablet device at your cost prior to the end of the subscription period.
Refunds
In most cases, cancelling your subscription before it expires means you’ll finish your current subscription without receiving money back. Once the subscription expires, you must return the tablet device(s) within 14 days of your renewal date.
If you live in a region where there is a legal obligation to issue a refund on early cancellation, you may be eligible for a refund.
For example, if you live in the EU, you can cancel your subscription within 14 days of the original purchase (the cooling off period), YourWelcome will refund the full amount on return of the device(s).
Failure To Pay
If your account payments fall behind by over 7 days, your subscription will be terminated and you are required to return the device(s) to YourWelcome Technology Limited, 289 Kennington Lane, Office 15, London SE11 5QY, United Kingdom at your own cost within 14 days. Failure to return the device(s) within 30 days will result in a fixed charge of £65 per device. This amount will be sent in a full and final settlement invoice.
Tablet Usage: Data
YourWelcome tablets are built on a proprietary platform, which enables the gathering of anonymized data of how guests interact and transact through the tablet. You can access these data patterns from the YourWelcome portal (dashboard). The data is owned by YourWelcome and licensed to you for the duration of your subscription.
Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site and the App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time due to inventory, shortages, or user breach (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
You agree to indemnify YourWelcome and its group companies liabilities and the reasonable costs (including reasonable legal fees), sustained or incurred as a result of content posted to the Site by you being in violation of these Terms and/or YourWelcome’s Review Guidelines.
Lost & Broken Devices
YourWelcome have the following device replacement policy:
Broken device:
You must inform YourWelcome within 5 working days of the breakage by email to support@yourwelcome.com attaching a photograph and/or detailed description of the broken device. A member of the customer support team will advise whether the device is required to be sent back to us, we will ship a replacement free of charge but in the event the device is required to be returned you will need to cover the cost of shipping the device to your nearest YourWelcome office (as advised by your support team member).
Stolen Device:
In the unlikely event that a guest steals the tablet then you must report the theft to the platform the guest booked through within 5 working days of the guest leaving. You must inform YourWelcome of the stolen device within 5 working days of the theft by email to support@yourwelcome.com attaching a copy of the report circulated to the booking platform. YourWelcome will ship a replacement device free of charge.
Except for the circumstances listed above, you are responsible for the return of all devices and failure to do so will result in a charge of £65 per tablet.
Appointing YourWelcome as a Data Processor
By signing up and using our service you are automatically appointing YourWelcome as a Data Processor partner.
1.DEFINITIONS
1.1 “Controller” means an entity that determines the purposes and means of the processing of Personal Data.
1.2 “Data Protection Law” means all data protection and privacy laws applicable to the processing of Personal Data under the Agreement, including, where applicable, EU Data Protection Law.
1.3 “EU Data Protection Law” means (i) prior to 25 May 2018, Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of Personal Data and on the free movement of such data (“Directive”); and (ii) on and after 25 May 2018, Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (“GDPR”).
1.4 “EU Model Clauses” means the standard contractual clauses for Processors as approved by the European Commission pursuant to Decision C (2010)593, as they may be amended or replaced from time to time.
1.5 “Personal Data” means any information relating to an identified or identifiable natural person as contained within Content as defined in the Agreement.
1.6 “Personal Data Breach” means a breach of security of the Services leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data.
1.7 “Processor” means an entity that processes Personal Data on behalf of a Controller.
1.8 “Services” means any digital service offering by YourWelcome Technology Ltd to you.
1.9 “Sub-processor” means any Processor engaged by YourWelcome Technology Ltd or any member of its group of companies that processes Personal Data pursuant to the Agreement. Sub-processors may include third parties or any member of YourWelcome’s group of companies.
2. PROCESSING
2.1 Role of the Parties. By using our services you expressly permit YourWelcome Technology Ltd to process Personal Data.
2.2 Processing of Personal Data. You will, in its use of the Services, comply with your obligations under Data Protection Law in respect of its processing of Personal Data and any processing instructions issued to YourWelcome Technology Ltd. You represent that it has all rights and authorisations necessary for YourWelcome Technology Ltd to process Personal Data.
2.3 YourWelcome Technology Ltd Processing of Personal Data. YourWelcome Technology Ltd will comply with its processor obligations under Data Protection Law and will process Personal Data in accordance with your instructions.
2.4 Processing of Personal Data Details.
2.4.1 Duration. YourWelcome Technology Ltd will act as your Data Processor for the duration of your subscription.
2.4.2 Purpose. The purpose of the processing is the provision of the Services by YourWelcome Technology Ltd to you.
2.4.3 Nature of the Processing. YourWelcome Technology Ltd and/or its Sub-processors are providing Services or fulfilling contractual obligations to you. These Services may include the processing of Personal Data by YourWelcome Technology Ltd and/or its Sub-processors on systems which may contain Personal Data.
2.4.4 Categories of Data Subjects. The data subjects may include Customer’s end users, employees, contractors, suppliers, and other third parties.
2.4.5 Categories of Data. Personal Data that is submitted to the Services by you.
3. SUBPROCESSING
3.1 Use of Sub-Processors. YourWelcome Technology Ltd engages Sub-processors to provide certain services on its behalf. You consent to YourWelcome Technology Ltd engaging Sub-processors to process Personal Data. YourWelcome Technology Ltd will be responsible for any acts, errors, or omissions of its Sub-processors that cause YourWelcome Technology Ltd to breach any obligations under this DPA.
3.2 Obligations. YourWelcome Technology Ltd will enter into an agreement with each Sub-processor that obligates the Sub-processor to protect the Personal Data in a manner substantially similar to the standards set forth here (to the extent applicable to the services provided by the Sub-processor).
4. SECURITY MEASURES
4.1 Security Measures. YourWelcome Technology Ltd will implement and maintain appropriate technical and organisational security measures to protect against Personal Data Breaches and to preserve the security and confidentiality of Personal Data processed by YourWelcome Technology Ltd on behalf of you in the provision of the Services (“Security Measures”). The Security Measures are subject to technical progress and development. YourWelcome Technology Ltd may update or modify the Security Measures from time to time provided that such updates and modifications do not result in the degradation of the overall security of the Services purchased by you.
4.2 Security Measures. You are responsible for using and configuring the Services in a manner, which enables you to comply with Data Protection Laws, including implementing appropriate technical and organisational measures.
4.3 Personnel. YourWelcome Technology Ltd restricts its personnel from processing Personal Data without authorisation (unless required to so by applicable law) and will ensure that any person authorised by YourWelcome Technology Ltd to process Personal Data is subject to an obligation of confidentiality.
5. PERSONAL DATA BREACH RESPONSE
Upon becoming aware of a Personal Data Breach, YourWelcome Technology Ltd will notify you without undue delay and will provide information relating to the Personal Data Breach as reasonably requested by you. YourWelcome Technology Ltd will use reasonable endeavours to assist you in mitigating, where possible, the adverse effects of any Personal Data Breach.
6. AUDIT REPORTS
YourWelcome Technology Ltd audits its compliance against data protection and information security standards on a regular basis. Such audits are conducted by YourWelcome Technology Ltd internal audit team. Upon written request, and subject to obligations of confidentiality, YourWelcome Technology Ltd will make available to you a summary of its most recent relevant audit report and/or other documentation
7. DATA TRANSFERS AND EXPORTS
7.1 Data Transfers. YourWelcome Technology Ltd may transfer and process Personal Data to and in other locations around the world where YourWelcome Technology Ltd or its Sub-processors maintain data processing operations as necessary to provide the Services.
7.2 Data Transfers from the EEA and Switzerland. Where Personal Data is transferred from the European Economic Area and/or Switzerland to a member of YourWelcome Technology Ltd group of companies located in a country not recognized by the European Commission or the Swiss Federal Data Protection Authority as providing an adequate level of protection for Personal Data, You appoint YourWelcome Technology Ltd to enter into the EU Model Clauses on Customer’s behalf with such YourWelcome Technology Ltd entity based outside of the EEA and Switzerland and involved in the processing of Personal Data.
8. COOPERATION
8.1 Data Protection Requests. If YourWelcome Technology Ltd receives any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement, including requests from individuals seeking to exercise their rights under EU Data Protection Law, YourWelcome Technology Ltd will promptly redirect the request to you. YourWelcome Technology Ltd will not respond to such communication directly without your prior authorisation, unless legally compelled to do so. If YourWelcome Technology Ltd is required to respond to such a request, YourWelcome Technology Ltd will promptly notify you and provide you with a copy of the request, unless legally prohibited from doing so.
8.2 Customer Requests. YourWelcome Technology Ltd will reasonably cooperate with you, at your expense, to permit Customer to respond to any requests from individuals or applicable data protection authorities relating to the processing of Personal Data under the Agreement to the extent that you are unable to access the relevant Personal Data in their use of the Services.
8.3 DPIAs and Prior Consultations. To the extent required by EU Data Protection Law, YourWelcome Technology Ltd will, upon reasonable notice and at your expense, provide reasonably requested information regarding the Services to enable you to carry out data protection impact assessments (“DPIAs”) and/or prior consultations with data protection authorities.
8.4 Legal Disclosure Requests. If YourWelcome Technology Ltd receives a legally binding request for the disclosure of Personal Data, which is subject to this DPA, such request will be dealt with promptly.
9. GENERAL
9.1 Relationship. Any claims brought under this DPA will be subject to the terms and conditions of the YourWelcome Technology Ltd general terms.
9.2 Conflicts. In the event of any conflict between this DPA and any privacy-related provisions, the terms of this DPA will prevail.
9.3 Modification and Supplementation. YourWelcome Technology Ltd may modify the terms of this DPA, in circumstances such as (i) if required to do so by a supervisory authority or other government or regulatory entity, (ii) if necessary to comply with Data Protection Law, or (iii) to implement or adhere to standard contractual clauses, approved codes of conduct or certifications, binding corporate rules, or other compliance mechanisms, which may be permitted under Data Protection Law. Supplemental terms may be added as an Annex or Appendix to this DPA where such terms only apply to the processing of Personal Data under the Data Protection Law of specific countries or jurisdictions. YourWelcome Technology Ltd will provide notice of such changes to you and the modified DPA will become effective, in accordance with the terms of the Agreement or as otherwise provided on YourWelcome Technology Ltd website if not specified in the Agreement.
Limitation of Liability
YourWelcome excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site or the App, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and YourWelcome at the start of your membership.
YourWelcome will not be liable to you over the entire period of your use of the Site or any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site and (b) £100, whichever is the higher. Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation or (d) any other liability that cannot by law be excluded or limited.
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site or the App and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.
YourWelcome excludes: (a) any responsibility for or liability arising out of any dealings you have with third parties that take place using or facilitated by the Site; and (b) any liability for losses which are not a foreseeable or likely consequence of your use of the Site or the App, or of a breach of these Terms. For example, losses are foreseeable where they could be contemplated by you and YourWelcome at the start of your membership.
YourWelcome will not be liable to you over the entire period of your use of the Site or any loss in excess of (a) the total value of products or subscriptions ordered by you via the Site and (b) £100, whichever is the higher. Notwithstanding this, nothing in these Terms will affect any liability we may have for: (a) death or personal injury arising from our negligence or our liability; (b) fraudulent misrepresentation or (d) any other liability that cannot by law be excluded or limited.
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of your use of the Site or the App and any order. We are required by law to advise you that contracts may be concluded in English only and that no public filing requirements apply.
Assignment:
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld). However, either party may assign this Agreement to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Notwithstanding the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
Governing Law
The operation of our Site and Contracts for the purchase of Goods through our Site are governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Queries
Should you have any questions regarding these Terms you may contact us at info@yourwelcome.com
