Terms & Conditions

28/04/2023

These terms are important so please read them carefully. They apply to your use of our website at companiions.com (the "Website") and our mobile app (the "App").

Different parts of these terms will apply to you depending on whether you are acting as a "Companion" or an "Organiser" (see below for an explanation of what a Companion is and what an Organiser is). If you act as both a Companion and an Organiser, all terms will apply to you but different ones may apply at different times. Additionally, parts of these terms will apply differently if you are accessing the service through a scheme set up by your employer.

You should only register with Companiions if you agree with these terms. When you click to accept these terms, you will be legally bound by these terms. Whether you click to accept these terms via the Website or the App, they will apply to your use of both the Website and the App. A copy of these terms will be available to you at all times by clicking the 'terms and conditions' link on our Website or in the 'Account' section of the App.

By clicking to accept these terms you agree that you require us to commence supplying our Services (as defined below) to you immediately. If you wish to cancel our Services you can do so by cancelling your Account and not continuing to use our Website and/or the App at any time, but if you do so you will not be entitled (nor will your employer be entitled) to a refund of any Fees (as defined below) you have paid to us.

Where you use the App, you acknowledge and agree that your use of the App will also be subject to the terms of the app store provider from whose platform you have downloaded the App. If you have any issues with these terms, then you will need to contact the relevant app store provider directly.

We may update these terms from time to time. When we do so, we will notify you by email. All updated terms shall become effective from the date specified in our notification email. If you continue to use the Website and/or the App past the date stated in the email this will constitute your acceptance of the updated terms. If you do not agree with any of the updated terms, you should cancel your Account and discontinue using the Website and/or the App.

WHO WE ARE, our services AND CONTACTING US

1.1 We are companiions Ltd, company number 12348470 and with registered address: companiions, Ketton Suite, The King Centre, Main Road, Barleythorpe, Rutland, LE15 7WD ("we", "our" or "us").

1.2 We offer and maintain the Website and/or the App, which:

connects individuals who require help and companionship ("Organisers") with individuals, professionals or businesses (including Business Companions as defined below) (together "Companions") who can provide the help and companionship the Organiser requires; and
allows Organisers and Companions to arrange bookings with one another to give or receive the help and companionship required (each a "Visit") and related ancillary services, such as keeping a record of Visits and allowing users to read, give or receive feedback, Reviews and Ratings relating to Visits (the "Services").

1.3 Our Services are limited to those set out above, as may be updated from time to time. We act as an introduction agent only to connect Organisers and/or Companions to each other by way of the Website and/or the App. As set out in further detail below, the actual agreement for the help or companionship to be provided by any Companion is directly between the Organiser and the Companion. We have no authority to enter into or negotiate the terms of this agreement on behalf of any Organiser and/or Companion.

1.4 If at any time you act as a Companion who is providing help or companionship in accordance with your usual business, trade, craft or profession or if you are representing or acting on behalf of, or as an employee or worker of:

A corporate body (such as a limited company or a limited liability partnership);
An unincorporated body (such as a partnership, club or charity); or
A sole trader,

you will be considered to be acting as a "Business Companion".

1.5 If you have any questions about anything in these terms, the Website and/or the App which is not dealt with in our FAQs, if you wish to make a complaint or to report an Organiser or Companion who you feel has breached these terms you can send us message by way of the 'contact us' link on our Website and/or in the App. You can also contact us by email support@companiions.com and by post to companiions, Ketton Suite, The King Centre, Main Road, Barleythorpe, Rutland, LE15 7WD

1.6 If you have any technical issues with the App you can report these to us by clicking on support@companiions.com on our Website and/or in the App.

2. YOUR ACCOUNT

2.1 You must register via the Website and/or the App for an account with us to receive and use the Services ("Account"). You must be at least 18 (eighteen) years old and a resident of the United Kingdom to register for an Account. As part of registering for your Account, you will be able to choose whether to register as a Companion or an Organiser. If you wish to access the service under a scheme set up by your employer you must register using your company email address.

2.2 Your Account is personal to you. You must ensure that the username and password are used to access your Account is kept secure and confidential. You must not give your username, password or other information required to access your Account to any other person.

2.3 You are responsible for all and any activity on your Account. It is your sole responsibility to monitor and control access to and use of your Account. You agree to keep your Account information accurate, complete and current.

3. REGISTERING FOR AN ACCOUNT

3.1 To register as an Organiser or a Companion, you must provide us with ID information and copy ID documentation as required to verify your identity and your address. You must also provide all information and complete all mandatory fields as we require. Where you are registering as a Companion, this will include your bank account details and your mobile number and other mandatory fields as we require. If you wish to access the service under a scheme set up by your employer you must register using your company email address.

3.2 Where you are registering as an Organiser, to register you must provide us with your debit or credit card details, or details of another valid payment method for you. If you access the service under a scheme set up by your employer you may not need to input card details in the first instance. You may still need to input card details if your employer limits the extent to which they fund your use of the Service, or if you wish to go outside the limits of the Fair Use Policy published by your employer.

3.3 Where you are registering as a Companion, to register you may need to have a 'social media identity' i.e. at least one form of social media account, and you must have a mobile number and provide this to us. You may also need to provide a valid basic Disclosure and Barring Service (DBS) check.

3.4 You agree that:

you will supply full, complete, up-to-date and accurate details and copies of all information and documentation we require to set up your Account;
if you are going to act as a Companion and you are required to provide a DBS check, the DBS check you provide will be valid and will not be false or fraudulent; and
our third party providers may (on our behalf) carry out checks on the information and documentation supplied to us under this Clause 3 to verify your identity and that the ID documentation supplied by you is valid and correct (the "Checks"). Please see our Privacy Policy for further information on who these providers are and how they will use your personal data.

3.5 Upon the Checks being completed, you will be informed as to whether your registration has or has not been approved. If your registration has not been approved please email us at support@companiions.com We reserve the right to, at our sole discretion, refuse any registration for an Account.

3.6 If you are registering with us as a Business Companion or if at any time you may act as a Business Companion, you represent that you have the authority to act on behalf of and to legally bind the relevant business entity and to reference that business and your connection with it. We will not be carrying out checks to verify that Business Companions have the requisite consent or authority to act for or on behalf of any business and will not be responsible or liable for any Business Companions who use the Website and/or App to, or who have registered for an Account by which they intend to, purport to, or do, act as a Business Companion without authority or consent to do so.

4. YOUR PROFILE

4.1 You are solely responsible for any information set out in your profile. You agree that you shall:

only use information and photographs on your profile which are fair, true, accurate and current;
not use information or photographs on your profile which are misleading or which misrepresent yourself or the help or companionship you provide;
not use your profile to impersonate any other person;
not use, include, or link to, in your profile any vulgar, offensive, abusive, defamatory, pornographic, discriminatory, blasphemous, in breach of confidence or privacy, harassing or objectionable language or content; or
not include, or link to, in your profile any photographs, files, content or data that may damage any other person's devices or software or which are in violation of any law (including any photographs, logos, data or other material which you do not own or have the right or permission to use).

5. COMPANION AGREEMENTS

5.1 The Services we provide are limited as set out above and connect Companions and Organisers to one another only. Once a Companion and an Organiser are connected then, on each occasion that an Organiser and Companion book a Visit a binding, legal agreement is entered into between the Companion and the Organiser for the help or companionship to be provided during the Visit ("Companion Agreement").

5.2 We are not a party to the Companion Agreement nor are we responsible for either party's performance, lack of performance or breach of any terms of the Companion Agreement. As we explain in more detail below we do not vet Companions, or carry out any checks on Companions (and nor are we required to) other than those expressly set out in these terms. Whether you are an Organiser or Companion you should exercise due diligence and care before and when agreeing to and/or entering into any Companion Agreement.

5.3 The terms of the Companion Agreement will include any terms expressly agreed by the Organiser and/or the Companion. However, you must agree in the Companion Agreement that:

the Companion Agreement is subject to both the Companion and the Organiser having an Account and therefore should either the Companion or the Organiser's Account be suspended, cancelled or terminated for any reason the Companion Agreement with that Companion or Organiser shall automatically terminate and the relevant Visit will be cancelled; and
both the Companion or the Organiser can cancel any Visit (and terminate the related Companion Agreement) at any time up to the commencement of a Visit without any liability to the other arising. After this time, neither party may cancel the Visit.

5.4 Organisers are encouraged to pay a goodwill payment to any Companion where they cancel a Visit with that Companion within 24 hours of the time the Visit was due to commence. However, we cannot guarantee or certify that any Organiser will pay such a goodwill payment, nor are we responsible or liable to you in any way should any Organiser choose not to do so.

5.5 If you are an Organiser and you repeatedly or persistently cancel a Visit within 24 hours of the time that Visit is due to commence and this is reported to us, we may suspend or terminate your Account without notice.

5.6 If you act as a Companion:

you must agree in the Companion Agreement to provide your help and companionship with reasonable skill and care and to comply with all applicable laws;
if your help and companionship includes providing any form of professional or regulated services then you must hold the required qualifications, licenses, consents and approvals, as well as any type and level of insurance you are required to hold by law which is not covered by the insurance put in place by us (companiions has public liability insurance to cover all companions whilst they are at the organisers or end users home for claims involving bodily injury or property damage only), to carry out such services legally and properly;
you must not require or request (and neither does the Website and/or App allow for) a deposit to be taken from any Organiser for your help and companionship; and
you must not require or request any cash payment from any Organiser for your help and companionship or for any other reason.

5.7 The price charged by any Companion for their help or companionship will not be payable by an Organiser until the Companion has provided such help or companionship. Companions are solely responsible for:

choosing the price they will charge for their help or companionship and for ensuring that such price adequately covers any tax, expenses or other charges they may incur whilst providing that help and companionship. Under no circumstances will we pay or reimburse any Companion for any tax, expenses or charges they might incur as a part of providing their help and companionship. Please see also our guidance for Companions on pricing their help or companionship on our FAQ’s.
complying with any laws relating to tax and for paying all taxes (including VAT, income tax and corporation tax as applicable) arising from their use of the Website and/or the App and/or pursuant to any Visit. We have no liability to any Companion for any tax, and if you are acting as a Companion you will reimburse us for costs or liability we incur arising from you failing to comply with this clause.

5.8 Organisers are solely responsible for:

choosing to accept the price being charged by any Companion for their help and companionship. We do not certify or guarantee that, any Companion will price their help or companionship in accordance with the market or fairly according to the type of help and companionship being provided or their level of experience in providing such help and companionship; and
paying any monies or fees payable to any Companions pursuant to any Visit, or being part of an employer scheme which will do so. If you access the service under a scheme set up by your employer you may be responsible for paying any monies owed if your employer limits the extent to which they fund your use of the Service, or if you wish to go outside the limits of the Fair Use Policy published by your employer. We have no responsibility to pay any fees owing from an Organiser or their employer to any Companion for any reason and if you are acting as an Organiser you will reimburse us for costs or liability we incur arising from you failing to comply with this clause.

5.9 In respect of all Visits, both Companions and Organisers shall comply with and act in accordance with companiions Standards which can be found here.

5.10. Once you have been connected to an Organiser or a Companion through the Website and/or the App, you shall not approach or message that Organiser or Companion or try to make them provide or receive any form of help or companionship other than by way of the Website and/or the App. These terms will not apply to any help or companionship provided between an Organiser or Companion outside of the Website and/or the App. If you choose to receive or provide help or companionship outside of the Website and/or App and it is reported to us which is encouraged we will suspend or terminate your Account, resulting in you losing the ability to use the Website and/or the App and all benefits of being part of our community including the companiions Insurance, payments, Reviews etc.

5.11. Companions and/or Organisers should report other Companions or Organisers who attempt to or do receive help or companionship from other Organisers or Companions outside of the Website and/or the App. Please see guidance on how to do this in our FAQs here.

6. INSURANCE

6.1 All registered Companions are automatically covered (at no extra cost to them) by companiions public liability insurance (the "companiions Insurance"). This insurance is provided by YuTree and will cover Companions for accidental injury or property damage they may cause during the provision of most types of help and companionship, where such help and companionship has been booked via the Website and/or the App. For each claim made against the companiions Insurance an excess payment of £250 will be payable. The Companion Insurance will cover claims up to a maximum amount of £1 Million.

6.2 The Companion Insurance will not cover Companions for any help and companionship which involves lifting, manual work, administering of any medications in any way. If you are a Companion providing any help or companionship of this nature you must put in place alternative insurance arrangements for such help and companionship. If you are an Organiser receiving help and companionship of this nature, it is your responsibility to request evidence that the Companion providing the help and companionship has the insurance in place to do so legally.

6.3 Companions are only insured when they are in the recipients home thus companions are not insured on the way to/from their visits, if they take the loved one/organiser out of their home or when they are out of the home running errands. Companions are only insured when the visit is booked on the companiions app/website and for the times the companions is the loved ones/organisers home.

6.4 To provide the Companion Insurance to you if you are a Companion, we are required to share your personal data with YuTree. Please see our Privacy Policy for further information on how they will use your personal data.

6.5 We reserve the right the right to withdraw the companiions Insurance at any time. If we withdraw the companiions Insurance we will notify you of this prior to the companiions Insurance being withdrawn.

6.6 Whenever you act as a companion you accept that you will be covered by the companiions Insurance and you will comply with and make use of the companiions Insurance in the event of a claim being made against you by an Organiser.

6.7 If you need to make any claim against the companiions Insurance please email us at support@companiions.com

6.8 To find out more about companiions insurance please see our FAQ’s

7. REVIEWS AND RATINGS

7.1 Organisers and Companions can give a public review ("Review") about, and a thumbs up/down rating ("Rating") of, an Organiser or Companion in respect of any recent Visit with that Organiser or Companion. Reviews and Ratings express the views and opinions of the author only and not us.

7.2 When leaving a Review or Rating you must be accurate and fair and must not use any offensive, abusive, blasphemous, discriminatory or defamatory language.

7.3 You must not take any action that seeks to undermine or manipulate the Reviews and Ratings system. This includes, but is not limited to:

leaving any false or fraudulent Reviews or Ratings;
including any terms in the Companion Agreement that obligate the other party to provide a Review or Rating or which limits or restricts them from leaving a Review or Rating; or
paying or otherwise bribing in any manner any party to write a positive or negative Review or give a positive or negative Rating about yourself or any other Organiser or Companion.

7.4 We reserve the right to moderate and remove any Review or Rating at any time at our sole discretion.

8. OUR FEES

8.1 Whenever you provide help or companionship as a Companion, we are entitled to a percentage (which may vary depending on whether you are a member of the 'companiions+' or similar programme) of the price (excluding VAT if applicable) you chose to charge the Organiser for the help or companionship as commission, our "Fees". Details of the exact Fees payable from time to time are available on the FAQs on the Website and the App.

8.2 If you act as an Organiser, you must have a valid payment method on file with us at all times and you authorise us to automatically charge your chosen payment method the applicable monies or sums you have agreed and owe to any Companion for their help and companionship in accordance with these terms. If you access the service under a scheme set up by your employer you may not need to store a valid payment method with us depending upon your employer’s policy on funding these Services. You may still need to input a payment method if your employer limits the extent to which they fund your use of the Service, or if you wish to go outside the limits of the Fair Use Policy published by your employer.

8.3 If you act as a Companion, you authorise us to take and set off any Fees payable to us from the monies or sums owed to you by any Organiser in accordance with these terms. Once we have taken our Fee, the remainder of the monies will be paid to you by way of your Stripe Connected Account.

8.4 We reserve the right to change the Fees at any time, and will provide adequate notice of any Fee changes before they become effective.

8.5 Payment processing services for our Fees on the Website and/or App are provided by Stripe Payments Europe, Ltd ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). If at any time you act as a Companion then, by agreeing to these terms and by operating your Account, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. You authorise us to share your information and transaction information related to your use of the Website and/or the App and the Fees with Stripe for the purposes of Stripe providing its payment processing services.

9. YOUR RIGHTS AND RESTRICTIONS

9.1 You must only use the Website and/or the App and communicate with others via the Website and/or the App for the purposes for which the Website and/or the App and any messaging functions are intended, such as to post information regarding lawful help and companionship you require or can provide and to arrange, discuss or provide feedback on Visits with Organisers and/or Companions. We are under no obligation to ensure that any communications made via the Website and/or the App are legitimate but may remove any message or communication at any time at our sole discretion.

9.2 If you are accessing the Service via a scheme provided by your employer you agree to only use the Website and/or the App under the terms specified in the Fair Use Policy published by us and your employer for the use of this Service.

9.3 You agree not to:

attempt to gain unauthorised access to the Website, App or any Account that is not your own, or to otherwise undermine the security or integrity of the Website and/or the App. We will report any security breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them;
use, or misuse the Website and/or the App in any way which may impair the functionality of the Website and/or the App, any systems used to deliver the Website and/or the App or the ability of any other user to use the Website and/or the App;
submit, transmit, or input into the Website and/or the App, any files, photographs, content or other material that contains viruses or malicious or harmful data, software, computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer devices or other hardware or telecommunications equipment;
transmit or input into the Website and/or the App any files, images, photographs, content or data which are in violation of any law or which would infringe the rights of any third party (including your employer if accessing the Service via a scheme provided by your employer);
attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Website and/or the App except as is strictly necessary for normal operation;
attempt to resell, sublicense or export any computer programs or software used to deliver the Website and/or the App or otherwise associated with the Website and/or the App;
impersonate any other person while using the Website and/or the App;
both when using the Website and/or the App and during any Visits, share any content, use any language or conduct yourself in a way that is vulgar, offensive, objectionable, threatening, abusive, defamatory, pornographic, discriminatory, blasphemous, in breach of confidence or privacy, harassing or which may cause annoyance; or
use the Website and/or the App for any unlawful purpose, including to encourage or obtain assistance with any illegal or criminal activity, or to encourage others to use the Website and/or the App or to conduct themselves in any way unlawful way.

9.4 Should any Organiser or Companion you interact with, whether via the Website and/or the App or in person during any Visit, act inappropriately you must report the same to us. If such inappropriate behaviour is unlawful, such as carrying out any violent or sexually inappropriate behaviour or committing theft, you should also report the relevant individual to the police.

10. YOUR DATA

10.1 We take responsibility for care of your data very seriously. Please see our Privacy Policy and Cookie Policy for information on how we process your data.

10.2 We may use generic, anonymised, aggregated information about your use of the Website and/or the App in order to improve the App or research into new functionality, products or services.

11. INTELLECTUAL PROPERTY AND USER CONTENT

11.1 Excluding User Content, all intellectual property rights in the Website and/or the App and the content, video, audio, graphics, logos, icons and service names which appear in the Website and/or the App belong, or are licensed, to us. You do not have any rights to such intellectual property except as expressly set out in these terms.

11.2 You will own, and be solely responsible for, all data, photographs, images, sounds or text that you submit into the Website and/or the App, whether by way of your Account, your profile, Reviews, Ratings, the Website and/or the App communication or messaging tools or otherwise ("User Content").

11.3 By providing or submitting any User Content into the Website and/or the App you grant us a licence to access, use, store, copy and modify the User Content. In addition, you agree that we are free to use any feedback, comments, information, suggestions for improvements or ideas contained in any communication you may send to us or set out within any User Content without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing digital content, products and services and creating, modifying or improving the Website and/or the App provided that in the context of marketing, we will only use User Content which, in our reasonable discretion, is non-confidential and provided it is used on an anonymous basis.

11.4 We may remove or modify any User Content:

that is in contravention of these terms;
which infringes the rights of any third party (including your employer if accessing the Service via a scheme provided by your employer);
to operate, secure and improve the security of the Website and/or the App (including for fraud prevention, risk assessments, investigations and customer support purposes); and
to comply with any applicable laws or the order or requirement of a court, law enforcement or other administrative agency or governmental body.

11.5 In all instances where you act as a Business Companion you hereby agree to indemnify us in full and on demand against all claims, demands and all direct and indirect damages, losses, costs and expenses and any consequential loss made against or incurred or suffered by us resulting from any claim that any User Content submitted by you whilst acting as a Business Companion infringes the intellectual property rights of any third party.

12. OUR RIGHTS AND OBLIGATIONS

12.1 We may change, modify, amend or remove some or all of the functionality or content on the Website and/or the App at any time in order to improve the Website and/or the App or to add new features.

13. CONTROLS ON OUR LIABILITY

13.1 Other than as set out in these terms, the Website and the App is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the App or any information, content, materials or products included or referenced on the Website and/or the App including (but not limited to):

any User Content whatsoever, and you acknowledge and agree that we have no obligation to monitor User Content; and
the accuracy, fairness or completeness of any Organiser or Companion's profile information, and you acknowledge and agree that we have no obligation to monitor profiles or any specific profile information.

13.2 You should exercise due diligence and care before and when agreeing to any Visit and/or entering into any Companion Agreement. In particular, you should not rely on, or take (or not take) any decision based only on the fact that the Organiser or Companion has an Account or the ability to use the Website and/or the App. We do not:

carry out any checks on Organisers or Companions other than the Checks nor do we have any obligation or responsibility to carry out any other checks;
and cannot confirm or verify that any individual whose help and companionship involves them carrying out any regulated or professional services of any nature has the qualifications, licenses, consents and approvals and insurance (other than companiions public liability insurance) required to carry out such services legally or properly. If you require such help or companionship it is your responsibility to request evidence that the individual providing that help and companionship has the qualifications, licenses, consents, approvals and insurance to do so;
confirm nor verify that any Business Companions do in fact, act on behalf of or as a part of the business they purport to act for, or that they have the requisite consent or authority to properly act for or on behalf of any business;
check the information in any profile is correct or accords with the information we have been given by such person when registering for an Account; and
in any way employ Organisers or Companions nor do we endorse, certify or guarantee that any Organiser or Companion is trustworthy or safe, that the help and companionship any Companion will provide will be timely, of good quality or as expected or agreed or that any Organisers will make prompt and full payment for any help or companionship they receive.

13.3 In all instances whether you are acting as an Organiser or a Companion we are only liable to you for losses which you suffer as a direct result of any breach by us of these terms and which are reasonably foreseeable. For clarity, we are not liable for any other losses, including but not limited to, for any losses or liability you incur:

due to any breach by any Companion or Organiser of any Companion Agreement. We are not a party to any Companion Agreement;
as a result of a Companion or Organiser cancelling any Visit;
pursuant to any false User Content or User Content;
which is outside of our reasonable control; or
for business losses (including, but not limited to, loss of profits, contracts, goodwill or opportunity).

13.4 In addition, in all instances where you are acting as a Business Companion:

all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded;
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the Fees paid by you to us.

13.5 Whether you are a Companion or an Organiser, you are liable:

to any other Companion or Organiser with whom you have entered into a Companion Agreement for any liability they incur which arises from your acts or omissions, including any breach by you of any of the terms of the relevant Companion Agreement; and
to us for any liability we incur to a Companion, Organiser or third party of any kind arising from your acts or omissions, including any breach of these terms or of any Companion Agreement. You will reimburse us in full and on demand for any claims brought against us or losses, damages or costs we incur as a result of any breach by you of these terms or of the terms of any Companion Agreement.

13.6 We aim to make the Website and/or the App available to you all the time but sometimes it may be unavailable due to maintenance or to factors outside of our control, such as any internet or network connectivity issues or due to the actions of the relevant app store provider.

13.7 We cannot guarantee that the Website and/or the App will be totally free from viruses and malware nor that it will be compatible with all hardware and software that you may use.

13.8 The Website and/or the App may contain links to third party websites or programs that are not controlled by us or you. We are not responsible for the content, terms and conditions, offers or privacy policies of such sites and programs. Your dealings with third party sites are solely between you and the applicable third party and you should read their terms and conditions and policies before using them.

13.9 You may not link to our Website from another website without our consent in writing.

13.10 These terms do not exclude or limit our liability (if any) for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation carried out or committed by us or any matter which it would be illegal for us to exclude or attempt to exclude our liability for.

14. CANCELLATION, SUSPENSION AND TERMINATION

14.1 You can terminate these terms at any time by cancelling your Account, discontinuing to use the Website and/or the App and deleting the App from your devices. If you do so you will no longer be able to access your Account or the information held in your Account.

14.2 We may suspend access to your Account or terminate your Account immediately if you breach, or we reasonably believe you have previously breached or are about to breach, any of these terms.

14.3 Should you have any Visits booked which are due to take place during any period of time that your Account is suspended by us and/or after the date your Account is cancelled or terminated (whether cancelled or terminated by you or us), these will be cancelled, the relevant Companion Agreement shall be terminated and, if in respect of the same you are:

an Organiser, we shall not be liable to you for any Visits which would have taken place; and
a Companion, we shall not be liable to you for any sums that are no longer due to you or which would have been due to you should the Visits have taken place.

14.4 On termination for any reason:

all rights granted to you under these terms shall cease;
your profile will no longer be displayed on the App; and
User Content posted by you on the App may remain on the App or may be deleted from the App (at our discretion).

15. GENERAL

15.1 In all instances where you act as a Business Companion, these terms constitute the entire agreement between us and you and no terms not expressly set out in this agreement (including any implied terms, whether implied by statute, common law, custom, trade usage, course of dealings or otherwise) shall apply. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

15.2 These terms and all communications between us will be in English. No other languages will apply to these terms.

15.3 You may not transfer any of your rights under these terms to any other person.

15.4 We may transfer any of our rights under these terms to any person or ask any person to fulfil any aspect of it so long as the performance of these terms is not affected.

15.5 Only you and we have any rights under these terms. No other person shall have any rights under these terms.

15.6 These terms will be governed by English law and any court proceedings related to these terms must be taken at a court within England and Wales, unless you live in Scotland, in which case you can bring court proceedings related to these terms in either the Scottish or the English and Welsh courts, or you live in Northern Ireland, in which case you can bring court proceedings in respect of these terms in either the Northern Irish or the English and Welsh courts.