Terms & Conditions

LAST REVISED: May 28, 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SIDEHIDE APPLICATIONS OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SIDEHIDE APPLICATION OR ANY SERVICES PROVIDED BY US.

These terms of service (these “Terms”, “Terms & Conditions”) apply to your access and use of the mobile applications (“Application”, “App”), websites, emails, text messages, and social media accounts (collectively, the “Service”, “Services”) owned, operated or provided by Sidehide SA. (“Sidehide”, “we”, “our” or “us”) and any feature, content, tools, and services accessible by means of the Services as well as the booking of hotel accommodations through the Service. The Application and these services are collectively referred to as the “Service.”

Your use of the Service is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. All changes to these Terms are effective immediately when we post them and apply to the use of the Application and Services thereafter. If you continue to access or use the Service following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Service. If you do not agree to the changed Terms, you must stop accessing or using the Service. We also recommend you regularly update to the most recent version of our mobile applications to allow you to take advantage of new functionality and to ensure you have access to the most recent terms of service and promotional offer terms (changes thereto aren’t viewable until you update the apps). You recognize that changes to the terms and/or promotional offers may occur and that you will be bound to these changes, notwithstanding the fact that you were not aware of them due to your failure to update the app. Your use of the app, and failure to update to the most recent version, constitutes your agreement that Sidehide shall have no liability to you, and you release Sidehide, and its parent, officers, directors employees and agents, from and against any liability, for any changes to terms of service or promotional offers which were available but that which you were not aware of due to your failure to update the app.

PRIVACY POLICY

Please refer to our Privacy Policy, which also governs your use of the Application, to understand our practices, including how we collect, use and disclose personally identifiable information from our users.

DEVICE USAGE TERMS AND CONDITIONS


You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.

REGISTRATION DATA; ELIGIBILITY


To access certain areas and features of the Service, you may be required to register with Sidehide. If you register, you will (i) provide accurate, current, and complete information about you as may be prompted by any signup, login, and/or registration forms made available via the Service (the “Registration Data“); (ii) maintain and promptly update the Registration Data, and any other information you provide to Sidehide, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Sidehide.


Sidehide is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. You are under no obligation to use or continue to use the Service and may stop using the Service without notice to Sidehide.

You may not use the Service if you are under 18 years of age (or the age of majority in your jurisdiction).

GRANT AND RESTRICTIONS


Subject to the terms, conditions and limitations set forth in these Terms, Sidehide grants you a non-exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Sidehide that replace and/or supplement the original Application unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

You will not do, and will not authorize or permit any third party to do, any of the following: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the Application; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your right to use of the Application will immediately cease, and you will have infringed the copyright and other rights of Sidehide, which may subject you to prosecution and damages. Sidehide reserves all rights not expressly granted to you in these Terms.

CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS


In exchange for Sidehide providing you with access to the Service, you consent to Sidehide collecting and using technical data, personal information, and related information in connection with your use of the Service, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and of software updates, product support and other services. You also consent to our communicating with you about the Service.

COMPATIBILITY WITH MOBILE DEVICES


Sidehide does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software, or equipment installed on or used in connection with your mobile device.

CARRIER CHARGES


The Service requires and uses phone service, data access, and text messaging capabilities. Carrier rates for phone, data, and text messaging may apply, and you are responsible for all of these charges.

PRODUCT DESCRIPTIONS


Sidehide attempts to be as accurate as possible. Hotels/Partners (“Suppliers”) provide us with information about the Accommodations offered through the Service, including property name, address, amenities, and photos (“Hotel Content”). Sidehide is not responsible for the accuracy of images or hotel content provided by Suppliers and disclaims all liability for any errors or inaccuracies in Hotel Content..

ADVERTISED PRICES


Sidehide makes no guarantee that the prices advertised through the Service represent (i) the lowest price for a hotel room in every area on any particular day or (ii) the published price for a hotel room on another website or publication not affiliated with Sidehide in every area on any particular day.

BOOKING ROOMS THROUGH THE SIDEHIDE SERVICE


When you book a room using the Service, you are representing the following: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company and (iii) you will pay the posted price for the hotel room, even if you are unable to consummate your stay in that hotel room. We will not issue Value Added Taxes (VAT) invoices for any purchases made through the Service. You are responsible for paying the hotel directly for any room upgrades or other incidental charges you make once you are at the hotel.

RATES, TAXES AND FEES


You acknowledge that Sidehide provides the Service for a consideration (“facilitation fee”). The room rate displayed on the Application includes the room rate we pre-negotiated for the room we are reserving on your behalf and the facilitation fee. You agree that Sidehide will charge you for the total reservation price. The tax recovery amount includes an estimated amount to recover the amount we pay the hotel for taxes owed by the hotel, including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and other taxes. In some cities, the tax recovery amount may include government imposed fees or other fees not paid directly to a taxing authority but still required by law. The amount paid to the hotel for taxes owed by the hotel may vary from the amount we estimate. The balance of the amount included under “Taxes and Fees” is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including customer service costs. The amounts for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel, and may include profit we retain.

Where applicable, our hotel suppliers determine all applicable taxes in the amount we are required to pay over to them. Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. We are not a co-vendor with the hotel. Tax rates and the type of taxes vary greatly by location.

For transactions involving hotels located within certain jurisdictions, the charge to your debit or credit card for Taxes and Fees includes taxes and government-imposed fees that we are required to collect and remit to the jurisdiction with respect to amounts we retain as compensation for our services.

SIDEHIDE CREDITS

Sidehide may offer you the opportunity to earn credits (“Credits'', “Credit”) that can be used on bookings in the App. Credits can only be applied to future bookings with Sidehide and cannot be applied toward prior bookings. At redemption, the face value of the Credits will be deducted from the price of your booking. You are not entitled to receive cash back or credit if the value of the credits exceeds the price of your booking. By inviting friends and others to download our app and book hotels using a personal referral link (“Invite”, “Referral”) that we provide you, you can earn Credits. The Credit amount (excluding taxes and fees) will be stated in the promotion and will be automatically applied to your account after your invitee: (a) signs up for their own Sidehide account, (b) uses your referral link to make a qualifying booking on Sidehide, and (c) satisfies any booking requirements stated in the promotion (for example, the person you invite may be required to be a new Sidehide user, apply the code to their first booking, or meet a minimum booking value requirement).

Your referral link may only be used for personal and non-commercial purposes.You may not distribute your referral link on sites where you are a contributor but not the primary content owner (e.g. Wikipedia, coupon websites, app stores, or app review websites), and you may not promote your invite link via search engine marketing. You may not use your referral link to invite yourself, anyone who uses the same credit card as you do, or someone who uses the same mobile device as you do. Credits cannot be earned by creating multiple Sidehide accounts. Any misuse of the Referral program or Credits may result in the termination of your Sidehide account.

HOTEL OVERBOOKING AND CANCELLATIONS

It is the responsibility of the hotel to honor your reservation once you have received a booking confirmation in the Sidehide app. 
If a hotel is unable to honor your reservation, contact us immediately, and we will work with you and the hotel to find you alternative accommodations (such as an available room at a different location).

USER CANCELLATIONS

Reservations are non-cancellable and non-refundable unless explicitly expressed otherwise. Whether a reservation can be canceled for a refund is displayed in the description of the hotel room prior to booking.

Reservations that are not marked “Free Cancellation” are not refundable.

ROOM ASSIGNMENT & CHECK-IN

Rooms booked through Sidehide can accommodate the number of guests selected during the booking process. You may not exceed the number of specified guests. Any extra guests are at the Supplier’s discretion and may be subject to additional fees imposed by the Supplier. Sidehide has no control over which room a Supplier will assign to you and cannot guarantee special requests in advance of your booking.

Upon check-in at the hotel, you may be required to present a form of payment acceptable to the Supplier (such as a credit card or cash deposit) to cover additional expenses incurred during your stay. The minimum account balance or amount of available credit may vary by Supplier, and any such deposit is unrelated to any payment received by Sidehide for your booking. You may also be required to present a passport or other valid ID, depending on the jurisdiction.

Contact the Supplier if you will be checking in late. If you fail to check in to your Accommodation on the date and time of your reservation, you will be bound by the terms of the cancellation and refund policy made available during your booking flow.

ELECTRONIC COMMUNICATIONS


When you use the Service or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.

THIRD-PARTY INTERACTIONS


Your use of the Service and your contact, interaction or dealings with any third parties arising out of your use of the Service is solely at your own risk. The hotels and other suppliers of Sidehide are independent contractors and not agents or employees of Sidehide. Sidehide is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these hotels or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.

USER CONDUCT


You agree that you are solely responsible for your conduct while using the Service and that you will not do any of the following in connection with the Service or its users:


Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
 Harass, threaten, or intimidate Service employees with inappropriate language or behaviour;
 Collect any personally identifiable information about other users (except as specifically authorised by Sidehide), or intimidate, threaten, stalk or otherwise harass or cause discomfort to other users of the Service;
 Use the Service for any commercial purpose;
 Use the Service for any illegal or unauthorised purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or policies established from time-to-time by Sidehide;
 Create an account, post any content, or otherwise use the Service if you are not at least 18 years of age;
 Modify, adapt, hack or emulate the Service;
 Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and
 Infringe upon or violate the rights of Sidehide, our users or any third party.

Sidehide takes no responsibility and assumes no liability for any user conduct. Sidehide will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Service. Your use of the Service is at your own risk. Enforcement of the user content and conduct rules set forth in these Terms is solely at Sidehide’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by these rules.

THIRD-PARTY CONTENT


Sidehide may provide third-party content via the Service and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. Sidehide does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. Sidehide is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.

ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES


Sidehide may run advertisements and promotions from third parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Sidehide is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Sidehide advertisers or third-party information accessible via the Service.

TRADEMARKS


The Sidehide name and “wolf” logo and other trademarks used by Sidehide are trademarks or registered trademarks of Sidehide SA. in Switzerland and in numerous international jurisdictions. These marks may not be reproduced or used without Sidehide’s prior written permission. You may not use any metatags or any other “hidden text” using “Sidehide” or any other name, trademark or product or service name of Sidehide without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Sidehide and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

OWNERSHIP


The Service (including, but not limited to, the Application) contains the valuable proprietary content of Sidehide and our licensors and is protected by copyright and other intellectual property laws and treaties. You will not use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of these Terms.

TERMINATION OR MODIFICATION OF APPLICATION


Sidehide reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will Sidehide be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).

TERMINATION


If you breach any of the terms or conditions of these Terms or Sidehide discontinues the Application, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these Terms will immediately terminate and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For the avoidance of doubt, the License section will not survive termination of these Terms. Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of Sidehide. Sidehide and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.

UNLAWFUL ACTIVITY


We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.

INFORMATION AND PRESS RELEASES


The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.

DISCLAIMERS


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIDEHIDE DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT SIDEHIDE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. SIDEHIDE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY SIDEHIDE OR OUR AUTHORISED REPRESENTATIVES WILL CREATE A WARRANTY.

INDEMNIFICATION


You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of these Terms or your violation of the rights of any third party; or (iii) any User Content you share.

LIMITATION OF LIABILITY


TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SIDEHIDE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF SIDEHIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SIDEHIDE’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED $100.00 UNITED STATES DOLLARS.

MISCELLANEOUS


Only you and Sidehide are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.

APPLICABLE LAW & JURISDICTION

These Terms & Conditions are governed by and construed in accordance with the laws of Switzerland.

OUR CORPORATE ADDRESS


Sidehide SA

Via Nassa, 31
6900 Lugano
Switzerland