Terms and conditions

Effective: August 10, 2019

 

Terms of Service

MyLuggage creates the most relevant packing list for every type of vacation, based on the choices of our community of travelers. We also provide a list of things to do before your journey starts, information about safety and baggage allowance - everything you need for a stress-free trip. These Terms of Service (“Terms”) apply to your access and use of the MyLuggage through our website and application.

These Terms are an agreement between you and MyLuggage LTD, a British company with its registered office at 101 Highbury Station Road, London, N1 1SY, United Kingdom.

You must accept these Terms to create a MyLuggage account and to access or use the MyLuggage Service. If you do not have an account, you accept these Terms by using any part of the MyLuggage app. If you do not accept these terms, do not create an account or use the MyLuggage Service.

1. READ OUR PRIVACY POLICY

For information about our data practices, please see our Privacy Policy, including our Cookie Use statement. By accessing or using the MyLuggage Service, you agree that we can collect and use your information in accordance with the Privacy Policy.

2. USE OF THE MYLUGGAGE SERVICE

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the MyLuggage Service unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the MyLuggage Service if you are barred from receiving services under applicable law or have previously been suspended or removed from the MyLuggage Service.

3. CREATING AN ACCOUNT

Full use of the MyLuggage Service requires that you create an account by providing us with information such as your name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. MyLuggage is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us at [email protected] if you discover or suspect any security breach related to the MyLuggage or your account.

4. NECESSARY EQUIPMENT

Full use of the MyLuggage Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the MyLuggage Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

5. POSTING YOUR CONTENT ON THE MYLUGGAGE SERVICE

MyLuggage may enable you to post, upload, store, share, send, or display photos, images, data, text, comments, and other information and content (“Your Content”) to and via the MyLuggage Service. You retain all rights to Your Content that you post to the MyLuggage Service. By making Your Content available on or through the MyLuggage Service you hereby grant to MyLuggage a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the MyLuggage Service.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

You represent and warrant that Your Content, the use and provision of Your Content on the MyLuggage Service, and your use of the MyLuggage Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the MyLuggage Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the MyLuggage Service, or which may expose us or our users to any harm or liability of any type.

MyLuggage may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the MyLuggage Service.

6. MYLUGGAGE’S RIGHTS

“MyLuggage Content” includes any photos, images, graphics, video, audio, data, text, comments, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the MyLugage Service. MyLuggage Content, the MyLuggage Service, and its underlying technology are protected by copyright, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, or other proprietary rights notices incorporated in or accompanying the MyLuggage Service. Our logo and any other MyLuggage trademarks that may appear on the MyLuggage Service, and the overall look and feel of the MyLuggage Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the MyLuggage Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

7. WHAT YOU CAN DO ON THE MyLuggage SERVICE

The MyLuggage Service is intended for your personal, non-commercial use.

MyLuggage grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the MyLuggage Service, (2) access and view the MyLuggage Content, (3) access and use mobile application provided by the MyLuggage Service. With respect to item (3) this license includes any third-party software embedded in any MyLuggage Service. This license is provided solely for your personal, non-commercial use and enjoyment of the MyLuggage Service as permitted in these Terms.

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the MyLuggage Content, MyLuggage Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MyLuggage or its licensors, except for the licenses and rights expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the MyLuggage Service: (1) use, display, mirror, or frame the MyLuggage Service or any individual element within the MyLuggage Service, including the layout and design of any page, without MyLuggage’s express written consent; (2) use MyLuggage’s name, any MyLuggage trademark or logo, or any MyLuggage proprietary information without MyLuggage’s express written consent; (3) access or tamper with non-public areas of the MyLuggage Service, MyLuggage’s computer systems, or the technical delivery systems of MyLuggage’s providers; (4) test the vulnerability of any MyLuggage system or breach any security or authentication measures; (5) circumvent any technological measure implemented by MyLuggage or any of MyLuggage’s providers or any other third party (including another user) to protect the MyLuggage Service; (6) access the MyLuggage Service or MyLuggage Content through the use of any mechanism other than through the use of an Authorized Connection or MyLuggage Service, or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that MyLuggage provides to you or any other part of the MyLuggage Service.

8. HYPERLINKS

You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the MyLuggage Service for noncommercial purposes, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in MyLuggage’s sole discretion.

9. OUR ENFORCEMENT RIGHTS

We reserve the right (but are not required) to remove or disable access to the MyLuggage Service, any MyLuggage Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the MyLuggage Content, Your Content, or your use of the MyLuggage Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the MyLuggage Service, and in response may take any action we may deem appropriate.

10. USE THE MyLuggage SERVICE AT YOUR OWN RISK

If you rely on any MyLuggage Content or the MyLuggage Service, you do so solely at your own risk.

Our goal is to provide helpful and accurate information on the MyLuggage Service, but we make no endorsement, representation, or warranty of any kind about any MyLuggage Content, information, or services. The accuracy of the data collected and presented through the MyLuggage Service is not intended to match all traveler’s needs.

We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the MyLuggage Service. MyLuggage Content and the MyLuggage Service may change from time to time or vary by geographic location. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.

Use of the MyLuggage Service should not replace your good judgment and common sense. 

11. DMCA/COPYRIGHT POLICY

MyLuggage respects the intellectual property of others and expects its users to do the same. It is MyLuggage’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders. 

12. FEEDBACK AND SUBMISSIONS POLICY

If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by MyLuggage, or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.

13. CONTESTS AND GIVEAWAYS

Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by MyLuggage or its partners. It is your responsibility to carefully review those terms and conditions.

14. ALERTS AND NOTIFICATIONS

As part of your use of the MyLuggage Service, you may receive notifications, text messages, emails, and other electronic communications. You agree to the receipt of these communications. 

15. THIRD-PARTY SERVICES

The MyLuggage Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under MyLuggage’s control. This may include the opportunity for you to link your MyLuggage account, MyLuggage data, or the MyLuggage Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the MyLuggage Service, such as third party applications accessed on MyLuggage devices, are not part of the MyLuggage Service and are not controlled by MyLuggage, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the MyLuggage Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

16. CHANGES TO THE MYLUGGAGE SERVICE

MyLuggage may change or discontinue, temporarily or permanently, any feature, component, or content of the MyLuggage Service at any time without notice. MyLuggage is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the MyLuggage Service.

17. TERMINATION

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the MyLuggage Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting [email protected] Upon any termination of these Terms or suspension, termination, or discontinuation of the MyLuggage Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 13, 14, 16, 17, 19, 20, 21, 22, 23.

18. DISCLAIMERS

THE MyLuggage SERVICE AND MyLuggage CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE MyLuggage SERVICE. We make no warranty that the MyLuggage Service or MyLuggage Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the MyLuggage Service or any MyLuggage Content.

19. INDEMNITY

You will indemnify and hold harmless MyLuggage or its officers, directors, employees, affiliates, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the MyLuggage Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

20. LIMITATION OF LIABILITY

NEITHER MyLuggage, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, OR DELIVERING THE MyLuggage SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE MyLuggage SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MyLuggage HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MyLuggage AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

21. DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that any dispute between you and MyLuggage arising out of or relating to these Terms of Service, the MyLuggage Service, or any other MyLuggage products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the United Kingdom without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against MyLuggage, you agree to try to resolve the Dispute informally by contacting [email protected] We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or MyLuggage may bring a formal proceeding.

We Both Agree To Arbitrate: You and MyLuggage agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the MyLuggage Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

22. GENERAL TERMS

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between MyLuggage and you regarding the MyLuggage Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MyLuggage and you regarding the MyLuggage Service and MyLuggage Content.

We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the MyLuggage Service. When you use the MyLuggage Service after a modification becomes effective, you are telling us that you accept the modified Terms. You can review previous versions of these Terms in our archive.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without MyLuggage’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MyLuggage may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by MyLuggage under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the MyLuggage Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

MyLuggage’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MyLuggage. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

23. ADDITIONAL TERMS MAY APPLY

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.