Last updated: 17th February 2021
These Terms of Service (“Terms”) are a binding legal agreement between you and Ploot that govern your use of the websites, applications, and other offerings from Ploot (collectively, the “Ploot Platform”). When used in these Terms, “Ploot,” “we,” “us,” or “our” refers to Ploot Ltd.
The Ploot Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer swimming pools, tennis courts and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Ploot Platform, and must keep your account information accurate. As the provider of the Ploot Platform, Ploot does not own, control, offer or manage any Listings or Host Services. Ploot is not a party to the contracts concluded directly between Hosts and Guests, nor is Ploot an insurer. Ploot is not acting as an agent in any capacity for any Member. To learn more about Ploot’s role see Section 20.
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Table of Contents
16. Ploot Platform Rules.
17. Termination, Suspension and other Measures.
18. Modification of these Terms.
19. Resolving Complaints and Damage Claims.
20. Ploot’s Role.
21. Member Accounts.
25. Assumption of Risk and Waiver.
26. Applicable law and Jurisdiction.
28. Contact Us.
1. Our Mission.
Our mission is to enable unique and fun experiences for people by providing access to private facilities. Browse our listings to find the perfect location for your next adventure, whether you are by yourself or with friends/family. You can learn more about a Listing by reviewing the description and photos, the Host profile and past Guest reviews. If you have questions, just message the Host.
2. Searching and Booking on Ploot.
2.1 Searching. You can search for Host Services by using criteria like the type of Host Service, location, date and time. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, and popularity.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Ploot’s service fee, taxes and any other items identified during checkout (collectively, “Total Price''). When you receive the booking confirmation, a contract for Host Services (sometimes called a reservation in these Terms) is formed directly between you and the Host. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Host. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.
2.3 Host Service Reservations. A Host Service reservation is a limited license to enter and use the Host Service for the agreed duration of the booking. If you stay past your agreed booking time, you agree the Host or Ploot has the right to impose reasonable overtime penalties of a minimum of the hourly price of the Listing. Ploot is authorised to collect the overtime fee from the Guest’s Payment Method. Additionally, the Host can make you leave in a manner consistent with applicable law. You may not exceed the maximum number of allowed Guests.
3.1 Adding a Payment Method. When you book a Host Service on Ploot, we will require a payment method such as a credit card, debit card, or bank account to process the payment (“Payment Method”). You will be asked to provide billing information such as name, billing address, and bank card information either to Ploot or its third-party payment processor(s). You authorise Ploot and its payment service providers to collect, process and store your Payment Method information.
3.2 Payment Method Verification. When you use a new Payment Method, Ploot may verify the Payment Method by (i) authorising your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method.
3.3 Payment Authorisation. You allow Ploot to charge your Payment Method, either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Ploot account.
3.4 Timing of Payment. Ploot generally charges you the Total Price due after the Host accepts the booking request. If Ploot is unable to collect the Total Price due, as scheduled, Ploot will collect the Total Price due at a later point. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
3.5 Booking Request Status. If a requested booking is declined because it is not accepted by the Host, the Total Price minus Ploot’s service fee will be refunded to you, and any pre-authorisation of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorisation to be released will vary based on the Payment Method and any applicable payment system (e.g. Visa, MasterCard, etc.) rules.
3.6 Payment Restrictions. Ploot reserves the right to decline or limit payments that we believe (i) may violate Ploot’s risk management policies or procedures, (ii) may violate these Terms (iii) are unauthorised, fraudulent or illegal; or (iv) expose you, Ploot, or others to risks unacceptable to Ploot.
3.8 Your Payment Method, Your Responsibility. Ploot is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
4. Cancellations, Refunds and Adverse Weather.
4.1 Cancellations and Refunds. In general, if you cancel a reservation, the amount refunded is determined by the cancellation policy that applies to the reservation. But, in certain situations, where there are extenuating circumstances for the cancellation (death, serious illness/injury, travel restrictions, etc.) you should contact the Customer Care team. Any such circumstance must be evidenced with the appropriate documentation. If Ploot determines that a Guest has experienced an issue, Ploot will, at its discretion, provide the Guest with a refund up to a maximum of the Total Price minus Ploot’s service fee.
4.2 Adverse Weather Policy. In the event of adverse weather (storms, high winds, heavy rain, etc.) making the Listing unusable or unsafe, Ploot or the Host can postpone the Booking, with your agreement, to a date within a week of the initial booking. If a postponement cannot be agreed or accommodated the Booking will be cancelled and you will be refunded, at Ploot’s sole discretion, the Total Price minus Ploot’s service fee.
5. Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Host Service. For example, this means: (i) you are responsible for leaving a Host Service (and related personal property) in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor.
6. Hosting on Ploot.
6.1 Host. As a Host, Ploot offers you the opportunity to share your swimming pool or tennis court (Host Services) with our community of Guests - and earn money doing it. It takes less than 5 minutes to create a Listing and you are in full control of how you host - set your price, availability, and rules for each Listing.
6.2 Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Ploot Platform, you are entering into a contract directly with the Guest, and are responsible for delivering the Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Ploot’s service fee (and applicable taxes) for each booking. Ploot will deduct amounts you owe from your payout.
6.3 Listing Availability. As a Host, you agree to make the Listing available for exclusive use by the Guest for the duration agreed upon either (i) at the time of Booking, or (ii) such other time as mutually agreed upon by you and the Guest. If you fail to do so, the Guest will be entitled to a refund and Ploot reserves the right to take whatever action necessary, including financial penalties and suspension, to maintain the integrity of the Platform.
6.4 Independence of Hosts. Your relationship with Ploot is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Ploot. Ploot does not direct or control your Host Service and you understand that you have complete discretion whether and when to provide Host Services and at what price and on what terms to offer them.
7. Managing Your Listing.
7.1 Creating and Managing Your Listing. The Ploot Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, your price, and any rules or conditions that apply to your Guests or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Host Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Host Service.
7.3 Search Ranking. The ranking of Listings in search results on the Ploot Platform depends on a variety of factors, including these main parameters:
- Guest search parameters (e.g. time and duration of the booking, location),
- Listing characteristics (e.g. price, calendar availability, Reviews, type of Host Service, average Guest popularity),
- Host requirements (e.g. maximum duration), and
- Guest preferences (e.g. previous bookings, saved Listings, location from where the Guest is searching).
Search results may appear different on our mobile website than they appear on our website. Ploot may allow Hosts to promote their Listings in search or elsewhere on the Ploot Platform by paying an additional fee.
8.1 Payment Collection. Ploot generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.
8.2 Adding a Payout Method. In order fot the Host to receive payment (“Payout”), they will need to provide details of a financial instrument, such as bank account, that is linked to their Ploot account (“Payout Method”). When you add a Payout Method to your Ploot account, you will be asked to provide billing information such as name, billing address and bank details to Ploot or its third-party payment processor(s). You authorise Ploot and/or third-party payment processor(s) to collect and store your billing information.
8.3 Timing of Payout. Subject to and conditional upon a receipt of payments from the Guest, Ploot will generally process Payouts within 1-3 working days after the completion of the Booking.
8.4 Payout. Your Payout for a booking will be the Total Price less applicable fees like Ploot service fees and applicable taxes. In the event of cancellation of a confirmed booking, Ploot will remit the amount you are due (if any) as provided in these Terms and applicable cancellation policy.
8.5 Payout Restrictions. Ploot may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity.
8.7 Your Payout Method, Your Responsibility. Ploot is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
9. Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Ploot Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Ploot Platform.
10. Cancellations, Extenuating Circumstances, and Adverse Weather.
10.1 Cancellations and Extenuating Circumstances. In general, if a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that booking. As a Host, you should not cancel on a Guest unless there are extenuating circumstances (death, serious illness/injury, or unexpected damage/maintenance to the Host Service). Any such circumstance must be evidenced with the appropriate documentation. If there are no extenuating circumstances and it is within 24 hours of the booking time, you will be charged a cancellation fee equal to 50% of the Total Price. Other consequences may apply to you or your Listing, including (i) publishing a review on your Listing indicating that a Booking was cancelled, and (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking. If a Guest is unable to attend their booking due to extenuating circumstances, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Guest, and by any other reasonable costs we incur as a result of the cancellation. If a Guest receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Ploot exceeds your Payout, Ploot may recover that amount from you, including by offsetting the refund against your future Payouts. You agree that Ploot’s Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a reservation and/or the issuance of refunds to Guests. If we reasonably expect to provide a refund to a Guest under one of these policies, we may delay release of any Payout for that reservation until a refund decision is made.
10.2 Adverse Weather Policy. In the event of adverse weather (storms, high winds, heavy rain, etc.) making the Listing unusable or unsafe you can postpone the Booking, with agreement from the Guest, to a date within a week of the initial booking. If a postponement cannot be agreed or accommodated, the Booking will be cancelled and the Listing Price refunded to the Guest at Ploot’s sole discretion.
11.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other taxes ("Taxes"). Ploot does not offer any Tax-related advice to any Members.
11.2 Tax Information. Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from Payouts to you, or both. You agree that Ploot may issue on your behalf invoices or similar documentation for VAT, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Guests.
12.1 Hosts should Obtain Insurance: Ploot recommends that Hosts obtain appropriate insurance for their Host Services. Please review any insurance policy that you may have for your Listing carefully. In particular, ensure that you understand any exclusions and deductibles that may apply to the coverage of the actions or inactions relating to Guests (and the individuals the Guest invites, if applicable) while at your Host Service.
12.2 Ploot is not an Insurer: As a Host, you understand and agree that Ploot does not act as an insurer. If a Guest requests a Booking of your Listing and uses your Host Service, any agreement you enter into with such Guest is between you and the Guest. It is the responsibility of the Guest to ask the Host about insurance.
12.3 Ploot can Make a Claim under your Insurance. As a Member, you understand and agree that Ploot may make a claim under your homeowner’s, renter’s or other insurance policy for any damage or loss that you may have caused or been responsible for at a Listing. You agree to cooperate with and assist Ploot in good faith, and to provide Ploot with such information as may be reasonably requested to make a claim under your insurance policy, including, but not limited to, relevant documentation.
After each Booking, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, or defamatory language. Reviews are not verified by Ploot for accuracy and may be incorrect or misleading.
Ploot may charge fees (and applicable Taxes) to Hosts and Guests for use of the Ploot Platform. Except as otherwise provided on the Ploot Platform, service fees are non-refundable. Ploot reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 17.
16. Ploot Platform Rules.
16.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Do not discriminate against or harass others based on the 9 protected characteristics of The Equality Act (2010)
- Do not scrape, hack, reverse engineer, compromise or impair the Ploot Platform
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Ploot Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Ploot Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Ploot Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Ploot Platform.
- Only use the Ploot Platform as authorised by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the Ploot Platform as authorised by these Terms.
- Do not use the Ploot Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
- You may use Content made available through the Ploot Platform solely as necessary to enable your use of the Ploot Platform as a Guest or Host.
- Do not use Content unless you have permission from the Content owner or the use is authorised by us in these Terms or another agreement you have with us.
- Do not request, make or accept a booking or any payment outside of the Ploot Platform to avoid paying fees, taxes or for any other reason.
- Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorised by Ploot.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Host Services unless you are actually using the Host Services.
- Do not use, copy, display, mirror or frame the Ploot Platform, any Content, any Ploot branding, or any page layout or design without our consent.
- Honour your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms.
- Do not organise or facilitate unauthorised parties or events. You are responsible and liable for any party or event during your Booking.
- Do not use the name, logo, branding, or trademarks of Ploot or others without permission.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Ploot branding.
- Do not offer Host Services that violate the laws or agreements that apply to you.
16.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Ploot. In addition, if you believe that a Member, Listing or Content has violated our Terms, you should report your concerns to Ploot. If you reported an issue to local authorities, Ploot may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
16.3 Copyright Notifications. If you believe that Content on the Ploot Platform infringes copyrights please notify us.
17. Termination, Suspension and other Measures.
17.1 Term. The agreement between you and Ploot reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
- suspend or limit your access to or use of the Ploot Platform and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Ploot and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
17.4 Legal Mandates. Ploot may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 17.3.
17.5 Effect of Termination. If you are a Host and terminate your Ploot account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Ploot Platform has been limited, or your Ploot account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Ploot Platform through an account of another Member.
17.6 Appeal. If Ploot takes any of the measures described in this Section 17 you may appeal such a decision by contacting our help team.
18. Modification of these Terms.
Ploot may modify these Terms at any time. When we make changes to these Terms, we will post the revised Terms on the Ploot Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the proposed changes by email and/or a notice on the Platform. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Ploot Platform will constitute acceptance of the revised Terms.
19. Resolving Complaints and Damage Claims.
If a Member provides evidence that another Member has culpably damaged their real or personal property ("Damage Claim"), the complaining Member can seek compensation. If the complaining Member escalates a Damage Claim to Ploot, the other Member will be given an opportunity to respond. If the responding Member agrees to pay, or Ploot determines under consideration of any applicable statutory rules on the burden of proof that they are responsible for the Damage Claim, Ploot can collect any sums required to cover the Damage Claim from the responding Member. Such sums may be collected from the Member’s Payment Method used for the Booking. Ploot may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information Ploot requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services. Any decisions made by Ploot in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
20. Ploot’s Role.
We offer a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Ploot is not and does not become a party to or other participant in any contractual relationship between Members. Ploot is not acting as an agent for any Members. While we work hard to ensure our Members have great experiences using Ploot, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Ploot has no general obligation to monitor the use of the Ploot Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Ploot Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our Customer Care team. Members agree to cooperate with and assist Ploot in good faith, and to provide Ploot with such information and take such actions as may be reasonably requested by Ploot with respect to any investigation undertaken by Ploot regarding the use or abuse of the Ploot Platform.
21. Member Accounts.
You must register an account to access and use many features of the Ploot Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Ploot Platform under the laws of the United Kingdom, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Ploot if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Ploot Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Ploot has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Ploot Platform. Ploot may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Ploot Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Ploot Platform.
Ploot is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents Ploot’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Ploot in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Ploot is excluded.
25. Assumption of Risk and Waiver.
You as a Guest agree that you are aware of and assume all risks for yourself as well as any other Guest or invitees attending your Booking. Neither Ploot nor the Host is responsible for any accidents caused or incurred by you as a Guest or any of your guests or invitees, related to use of the Host Service. You hereby release, waive, discharge, and covenant not to sue Ploot or the Host for any injuries arising from or related to use of the Host Service. You agree that some Listings may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Listings may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your use of a Host Service. If you are bringing a minor as an additional Guest, you are solely responsible for the supervision of that minor throughout the use of the Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Ploot and the Host from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the use of the Host Service or in any way related to the Listing you choose.
26. Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with United Kingdom law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of Ploot's place of business in the United Kingdom. If Ploot wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the United Kingdom courts.
27.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Ploot and you pertaining to your access to or use of the Ploot Platform and supersede any and all prior oral or written understandings or agreements between Ploot and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Ploot. If any provision of these Terms is held to be invalid or unenforceable such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
27.3 No Waiver. Ploot’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.
27.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Ploot's prior written consent. Ploot may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 17.2 remains unaffected.
27.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Ploot via email, Ploot Platform notification, messaging service (including SMS), or any other contact method we enable you to provide.
27.6 Third-Party Services. The Ploot Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Ploot is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
27.7 Google Terms. Some areas of the Ploot Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
27.8 Ploot Platform Content. Content made available through the Ploot Platform may be protected by copyright, trademark, and/or other laws of the United Kingdom and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Ploot and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Ploot Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Ploot grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Ploot Platform and accessible to you, solely for your personal and non-commercial use.
27.9 Force Majeure. Ploot shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
27.10 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Ploot account. You also agree to receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can unsubscribe any time from promotional emails by sending an email to firstname.lastname@example.org with 'Unsubscribe' in the subject line.
28. Contact Us.
If you have any questions about these Terms please email us at email@example.com.