1. Introduction
These Terms and Conditions ("Terms") govern your use of the My Constellation mobile application and website (collectively, the "Service"), operated by Constellation Limited ("we," "us," or "our"), company number 15285353. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
2. Definitions
Account
The personal account created by Users to access and use the Service.
Booking
A reservation for accommodation made through the Service.
Cash Back
The monetary rewards earned by Users for completed Bookings.
Content
All information, text, graphics, photos, videos, or other materials uploaded, downloaded, or appearing on the Service.
Premium Membership
The paid subscription service offering enhanced benefits.
User
Any individual who registers for and uses the Service.
3. Account Registration and Security
3.1 To use certain features of the Service, you must register for an Account using Apple authentication.
3.2 You are responsible for maintaining the confidentiality of your Account and for all activities that occur under your Account.
3.3 You agree to notify us immediately of any unauthorized use of your Account or any other breach of security.
3.4 We reserve the right to refuse service, terminate Accounts, remove or edit Content, or cancel Bookings at our sole discretion.
4. Service Description
4.1 My Constellation provides a platform for Users to search for, compare, and book hotel accommodations worldwide.
4.2 The Service includes a Cash Back program, allowing Users to earn rewards for completed Bookings.
4.3 We act as an intermediary between Users and accommodation providers, and we are not responsible for the quality, safety, suitability, or reliability of any accommodation.
5. Booking Terms
5.1 By making a Booking through the Service, you enter into a direct contractual relationship with the accommodation provider.
5.2 You agree to review and comply with the specific terms and conditions of each accommodation provider prior to completing your Booking.
5.3 You are responsible for providing accurate and complete information when making a Booking.
5.4 Cancellation policies vary by accommodation provider and are clearly displayed during the booking process. We are not responsible for any fees or charges resulting from cancellations or modifications.
6. Cash Back Program
6.1 Users earn Cash Back rewards at rates displayed on the Service at the time of booking.
6.2 Cash Back is earned only for Bookings made through the Service and is credited to the User's Account after checkout from the accommodation.
6.3 Cash Back may be withdrawn once it reaches the minimum threshold of £50.
6.4 We reserve the right to modify, suspend, or terminate the Cash Back program at any time with reasonable notice to Users.
6.5 Cash Back cannot be earned for cancelled or no-show Bookings, regardless of whether refunds are issued.
6.6 Cash Back expires 24 months after it is credited to the User's Account if not withdrawn.
7. Premium Membership
7.1 Premium Membership is available as a monthly or annual subscription.
7.2 Subscription fees are clearly displayed prior to purchase and will be charged to your payment method at the confirmation of subscription.
7.3 Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.
7.4 No refunds will be provided for partial subscription periods.
7.5 Premium Members receive benefits as described on the Service, which may include enhanced Cash Back rates, dedicated support, and exclusive deals.
8. Payment Terms
8.1 All prices displayed on the Service are in the currency selected by the User.
8.2 Payment processing is handled securely through industry-standard payment processors.
8.3 We may charge service fees for certain transactions, which will be clearly displayed before payment is processed.
8.4 For "Pay Now" Bookings, payment is collected at the time of booking. For "Pay Later" Bookings, payment is collected by the accommodation provider during or after your stay.
9. User Conduct
9.1 You agree not to:
Legal Compliance
Use the Service for any unlawful purpose.
Content
Post or transmit harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content.
Identity
Impersonate any person or entity.
Service Integrity
Interfere with or disrupt the Service or servers or networks connected to the Service.
Access
Attempt to gain unauthorized access to any part of the Service.
Data
Use the Service to collect or store personal data about other users without their express consent.
Commercial Use
Use the Service for commercial purposes without our prior written consent.
9.2 Violation of these restrictions may result in termination of your Account.
10. Intellectual Property
10.1 The Service and its original Content, features, and functionality are and will remain the exclusive property of Constellation Limited and its licensors.
10.2 The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.
10.3 Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
11. User Content
11.1 By posting Content on the Service, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.
11.2 You represent and warrant that you own or control all rights to the Content you post and that the Content does not violate these Terms.
12. Privacy Policy
12.1 Our Privacy Policy, available at privacy policy link, describes how we collect, use, and share information about you when you use our Service.
12.2 By using the Service, you consent to our collection and use of information as set forth in the Privacy Policy.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, in no event shall Constellation Limited, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
13.2 Our total liability to you for all claims arising from or related to the Service is limited to the amount you paid to us for the Service in the 12 months preceding the event giving rise to the liability, or £100, whichever is greater.
14. Disclaimer
14.1 Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
14.2 We make no warranties, expressed or implied, regarding the operation of the Service, the information, content, or materials included on the Service.
14.3 We do not guarantee that the Service will meet your specific requirements, be uninterrupted, timely, secure, or error-free, or that the results obtained from the use of the Service will be accurate or reliable.
15. Governing Law
15.1 These Terms shall be governed by and construed in accordance with the laws of England.
15.2 Any disputes arising under these Terms shall be resolved exclusively in the courts of England.
16. Indemnification
You agree to defend, indemnify, and hold harmless Constellation Limited, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any third-party rights.
17. Termination
17.1 We may terminate or suspend your Account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
17.2 Upon termination, your right to use the Service will immediately cease.
17.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
18. Changes to Terms
18.1 We reserve the right to modify or replace these Terms at any time.
18.2 We will provide notice of any significant changes to these Terms by posting the new Terms on the Service and/or sending you an email.
18.3 Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
19. Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemics, pandemics, or shortages of transportation facilities, fuel, energy, labor, or materials.
20. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
21. Entire Agreement
These Terms constitute the entire agreement between you and Constellation Limited regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
