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TERMS AND CONDITIONS FOR KNOWERS

  1. ABOUT US
  2. The Know is a platform operated by TheKnow Ltd (“The Know”, "we", “our” or "us"). We are registered in England and Wales under company number 10462897.

    We want to help you understand this document (and the others we refer to on it), so if you have any questions on these, or if you would like any assistance understanding them, please refer to the FAQ section on our website or contact us using the details provided in the Contact Us section on our website. We’re very happy to help!

  3. ABOUT THESE TERMS
  4. This document (and any other documents it refers to) contains the terms and conditions (the "Conditions") on which you may use The Know’s Services as a Knower. They set out your rights and responsibilities when using our Services and are a legally binding agreement between you and The Know, constituting the entire agreement between you and us, so please read them carefully.

    While we display and publish these distinctly from our Website Terms of Use, available here, and our Privacy Policy, available here, as a Knower you are bound by both these Terms and those ones, collectively referred to as the “Universal Terms”.

    These Conditions shall be deemed to be accepted when you agree to them during the signup process. By accepting them, you confirm that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of The Know which is not set out in Universal Terms. Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained on our website or social media pages, are issued or published for the sole purpose of giving an approximate idea of the services described in them. They shall not form part of The Know Terms or have any contractual force.

    These Terms apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

  5. DEFINITIONS AND INTERPRETATION
  6. There are a few phrases we use in the document that are important to define - this makes things clearer throughout and saves time too. These definitions are below:

    Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

    Conditions: the terms and conditions set out in this document as amended from time to time in accordance with the Conditions.

    Contract: the agreement / contract between the Know and the Knower in accordance with these Conditions.

    Invoice: this is the document provided by the Knower to the Know which evidences the total cost of accommodation, meals and spa treatments for the purposes of reimbursing the Knower.

    Knower: the individual or individuals attending the Hotel for the purposes of the KnowOpp.

    Knowkens: the loyalty points awarded to Knowers by The Know in accordance with section 11 of this document.

    KnowOpp: the review opportunity set up by The Know where the Knower shall attend the Hotel to review their stay.

    Know Zone: the web based portal which Knowers access to maintain their account details, submit and review Surveys.

    Services: the provision of The Know Zone to the Knower and other supplementary services, such as reimbursements.

    Survey: the detailed questionnaire, tailored to an individual hotel, which a Knower is required to populate with detailed, written feedback, ratings and evidence.

  7. YOUR PRIVACY
  8. We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services, so please read it here. When you sign up for the Services, you are asked to consent to our processing of your personal information as described in our Privacy Policy and warrant that all data provided by you is accurate.

  9. OUR OBLIGATIONS
  10. As a Knower, we make a number of commitments to you. From the date you become a Knower and have access to the Know Zone, it will perform substantially in accordance with the Universal Terms for the duration of your time as a Knower. You will be able to access the Know Zone with the details you provided during the registration process and we will use all reasonable endeavours to maintain that availability for you 24 hours a day, 7 days a week. The only times when we will be exempt from this are:

    1. a Force Majeure Event (as defined below);
    2. any breach of the Universal Terms by you;
    3. any internet service provider failures;
    4. any failure of your computer systems; or
    5. planned downtime carried out in accordance with these Conditions.

    We reserve the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.

  11. KNOWERS
  12. When applying to become a Knower, there are a few rules to follow:

    1. You must have received an invitation, either from an existing and verified Knower, who must log into the Know Zone and provide your email address, or from The Know directly. In both cases, you will receive a link, generated through the Know Zone, which can be followed to a login page. An invitation is not an offer and carries no guarantee of successfully becoming a Knower. We reserve the right to approve applications of Knowers at our discretion.
    2. As part of the application process, prospective Knowers must provide certain personal details, including, but not limited to, personal contact information, bank details for reimbursements, and travel preferences. The Know takes the protection of your personal information seriously and we will only share it with those requiring access to such information to provide the Services effectively and to otherwise improve or enhance our Services. For full details on how we use and gather your data, and who we share it with, please refer to our website Privacy Policy and Cookie Policy.
    3. All those who apply to become Knowers will be notified within 5 Business Days if their application has been successful. Successful applicants will be provided with a login and temporary password for the Knower section of The Know Zone. The Know requests that all passwords are kept secret and secure.
    4. You must be over the age of 18 and must have a bank account in your own name.
    5. Successful applicants will be allowed to invite 5 new Knowers (“Referred Knowers”) per year and they may do so in the My Account section in the Know Zone.
  13. KNOWOPPS
  14. There are a number of rules relating to KnowOpps. These are detailed here:

    1. A KnowOpp booking is not a booking at the specific Hotel. It is the opportunity to perform the review, complete the survey and claim a reimbursement for part of your stay. Your stay at the same hotel should be booked independently by you and The Know bears no responsibility for a failure on your part to book a stay at a hotel, nor for any loss or damage this may cause.
    2. Knowers must stay for a minimum of 2 nights at each KnowOpp to qualify for reimbursements of any kind.
    3. KnowOpps will be published on the Know Zone one year in advance. A KnowOpp will be made available for booking and reserving (“tagging”) on the 1st day of the same period in the subsequent year. For new hotels listed in the Know Zone, multiple KnowOpps may be published at the same time, but will not extend beyond 1 year.
    4. If a KnowOpp has any dates which are not eligible for KnowOpps (“Blackout Dates”), the onus is on the Knower to ensure that they check this before booking their stay at the hotel to ensure that the Blackout Dates do not apply for the duration of their stay. If Blackout Dates do not apply for at least one night of the stay, the KnowOpp can be booked.
    5. Some hotels do not allow KnowOpps to occur where the stay has been booked as part of a Package Holiday. The onus is on the Knower to ensure that they check on the Know Zone whether a KnowOpp may occur as part of a Package Holiday before booking their stay at the hotel or before booking the KnowOpp.
    6. To book the KnowOpp the Knower must submit the exact dates of their stay in the Know Zone, together with their mode of booking (e,g,. Hotels.com, Booking.com, direct), their booking reference/reservation number and whether they booked a package holiday, comprising accommodation and travel to the Hotel. The Know will then email the Knower to confirm the booked KnowOpp together with the applicable reimbursements, any special instructions and a link to the hotel-specific survey in the Know Zone. The Knower will be able to manage the booking when they log in to The Know Zone.
    7. By booking the KnowOpp the Knower accepts the latest version of these Terms. Knowers will be notified of any significant changes to these terms by email.
    8. Knowers may only reserve (“tag”) or book themselves to KnowOpps that they will personally be attending. KnowOpps are non-transferable between Knowers.
    9. A Knower may tag a maximum of 2 KnowOpps at any one time. Any KnowOpp which shows as available in The Know Zone can be booked or tagged. A Knower can tag themselves to a KnowOpp for 48 hours whilst they proceed with their hotel booking, but no longer. Once the 48 hour tagging period expires, and if the KnowOpp has not been booked by the Knower in that time, the KnowOpp will automatically become released and will be available to all Knowers. The same Knower cannot re-tag the same KnowOpp for a period of 48 hours after it has been released.
    10. A Knower may only book one KnowOpp for the same hotel in any 12 month period.
    11. The Knower must conduct their stay as normal and at no point indicate to other guests or to staff members that they are a Knower or are performing a survey of the hotel. The Knower is to check in, check out and to settle any charges incurred directly to the Hotel as per a usual hotel stay and on the terms required by the Hotel.
  15. SURVEYS
    1. Knowers must submit their surveys in The Know Zone, along with a scanned or photographed copy of their Invoice, within 7 days of completing their stay at the Hotel. Surveys must be completed in English, unless otherwise specified, and abbreviations must be avoided.
    2. Survey written feedback should be based purely on the current KnowOpp and must be original content produced by the Knower.
    3. Knowers are expected to familiarize themselves with the content of the specific survey, including tailored questions, for the hotel prior to, or during their stay.
    4. Knowers will be provided with an example of the survey quality required prior to their first KnowOpp.
    5. The Know will review submitted surveys, either approving them or reverting back to the Knower to answer further questions or provide further information. Invoices will also be reviewed by The Know within 14 days of their receipt by The Know. When contacted by The Know regarding a recent survey or invoice submission, the Knower must respond within 48 hours of the query being sent.
    6. Once approved the Knower will be reimbursed in line with hotel specific reimbursements as per KnowOpp details within 5 Business Days. The Know reserves the right not to reimburse the Knower if the quality of the survey does not meet required standards or detail once more information has been requested.
    7. Acceptable forms of Invoice include booking confirmations from online travel agents, invoices published by the hotel. A combination of documents may be provided to capture all costs incurred by the Knower. Clear and legible copies of the Invoice must be uploaded in the Know Zone and the Know reserves the right to reject any claims where the Invoice is not clear or is deems it not legitimate or not acceptable.
  16. REIMBURSEMENTS
  17. Reimbursements will be payable directly to you via bank transfer, exclusive of any applicable local taxes and charges, once you have completed a KnowOpp and submitted a Survey. It is your responsibility to ensure that the bank details you provide are correct and up to date and The Know is not liable for any failure to provide the correct details.

    We will only reimburse a value up to that which has been paid for without the use of loyalty points, incentive schemes or hotel discounts. Stays which have been fully paid for through the use of loyalty points, incentive schemes or hotel discounts are not eligible for reimbursement.

    Reimbursement values are calculated on the following basis:

    1. Accommodation: Provided that the Knower stays at a Hotel for a minimum of 2 nights during a KnowOpp, 1 nights’ stay shall be compensated irrespective of the total length of the stay as outlined below.
      1. Where accommodation is not booked as part of a Package which includes travel, the reimbursement value is equivalent to the average rate for 1 nights’ stay.
      2. Where accommodation has been booked as part of a Package which is inclusive of travel to the hotel, then the Package Room Rate will apply. If a Knower’s stay spans multiple months, then the average of the two months will apply for the reimbursement calculation.

    2. Meals: Reimbursement for meals only applies to those meals not included in the room or package rate:
      1. If a Knower is staying on a room only basis, then the reimbursement value shall apply for Breakfast, Lunch and Dinner.
      2. If a Knower is staying on a bed and breakfast basis, then the reimbursement value shall apply only for Lunch and Dinner.
      3. If the Knower is staying on a half board basis, then the reimbursement value shall apply only for Lunch. If the Knower is staying on a full board or all-inclusive basis, then the reimbursement value will not apply.
      There are no restrictions in relation to the menu or restaurant to which the reimbursement applies. Reimbursements will only be applied if the proof of purchase is evidenced by the Knower and only up to the maximum amount as specified in the KnowOpp details.

    3. Spa: the spa reimbursement value will be as stated in your KnowOpp booking confirmation and under the KnowOpp booking details. Spa reimbursement will only apply for a single spa session.

    For meal, spa, and package room rates, the maximum reimbursement value will be as specified by the hotel on the KnowOpp.

    TheKnow cannot be held liable for errors or omissions in reimbursement values, either made by the hotel, or as a result of system failure of any kind.

    As part of the Knower set up, you must detail your preferred currency and you will be reimbursed in that currency only. The FX rate between the Payment confirmation currency and the Knower preferred currency will be determined and applied by The Know (with reference to mid-market rates) and will be minus any bank charges applied.

    If offered by the Hotel, Knowers can opt to receive Hotel group vouchers instead of a reimbursement. The voucher value will be outlined in the KnowOpp details prior to booking

    Queries on Reimbursements must be made within 5 Business Days of receipt of the reimbursement. After this period, The Know shall deem the reimbursement to have been accepted.

  18. NAUGHTY NO-NOs
  19. We hope that all of our Knowers will abide by these Conditions but if you do not and you commit Naughty No-Nos, as specified below, We reserve the right to terminate access to the Know Zone immediately and without reimbursement. Naughty No-Nos include but are not limited to:

    1. Late cancellations made within the KnowOpp period;
    2. Repeated cancellations of KnowOpps;
    3. Insufficient survey quality or detail;
    4. Incomplete survey submission;
    5. Amendment or altering of the Guest Check-Out Invoice from Hotel;
    6. Late submission of survey (in excess of 7 days after KnowOpp completion date);
    7. Sharing of survey results or review of KnowOpp on social media, TripAdvisor or online booking agency websites;
    8. Sharing of survey results with any other member of the public or hotel staff;
    9. Informing hotel staff that they are conducting a KnowOpp either before, after or during the KnowOpp; or
    10. Inappropriate or abusive behaviour or language.

    We will not disclose to the Knower the detail of any Naughty No-Nos. Termination in these circumstances will be at the sole discretion of The Know.

  20. KNOWKENS
  21. We like to reward our Knowers for their loyalty and commitment to providing reviews of the highest standards. Loyalty bonuses (“Knowkens”) will be awarded to Knowers at the discretion of The Know. They will be awarded in reference to:

    1. Quality of written responses to Survey questions;
    2. Explanation for ratings;
    3. Quality of suggestions or recommendations;
    4. Provision of supporting evidence, such as photographs.

    For any standard KnowOpp, up to 50 Knowkens may be allocated.

    Knowers will also receive 10% of the Knowkens generated by the KnowOpps of their Referred Knowers and we may allocate bonus Knowkens at our discretion for reasons such as early booking of KnowOpps or booking KnowOpps that become available at the last minute.

    The Know will track Knowkens collected and each Knower will be given a status based on their current Knowken count:

    1. Need to Know: 0-49 Knowkens;
    2. Know a little: 50 – 199 Knowkens;
    3. Know a lot: 200-499 Knowkens;
    4. Know it all: 500+ Knowkens.

    Knowkens earned in a calendar year will determine the Knower Tier for the following calendar year. Assessments will be performed and tiers adjusted in January of each year.

    Knowkens have no monetary value but entitle the Knower to be eligible for benefits such as additional reimbursements and invitations to The Know sponsored events, allocated at our discretion.

  22. INTELLECTUAL PROPERTY RIGHTS
  23. Intellectual Property Rights are defined as patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

    All Intellectual Property Rights in or arising out of or in connection with the Know Zone, especially the our trademarks, logos, taglines, trade names, copyrighted material, patents, trade secrets or confidential information shall be owned by us shall be owned by the Know. Nothing in these conditions or in the Universal Terms conveys any right or interest, including an assignment or waiver, in our Intellectual Property Rights under any law whatsoever.

    The content you upload to The Know Zone, such as your photos of hotels, does not constitute our intellectual property. This is your content and we make no claim to it. You acknowledge, however, that we need to handle this content to provide the Services, amend them, or otherwise improve their functionality. You grant us authorization to use any and all such content for any purpose, which may include, but shall not be limited to, advertising, promotion and marketing of The Know. You also agree that the your content may be combined with other content, sounds, text or graphics, and that it may be manipulated, cropped, altered or modified at our sole discretion. You agree not to charge a royalty, fee or other monetary assessment against The Know in exchange for this release and assignment. You hereby release and forever discharge The Know from any and all liability and from any damages.

  24. CANCELLATION POLICY
  25. We would rather that you didn’t cancel booked KnowOpps but we understand that there may be certain circumstances where this is unavoidable. Knowers may cancel a KnowOpp at any time in the Know Zone and they must provide a cancellation reason. Repeat or Late Cancellations may result in termination of membership as outlined in section 9.

    We make all efforts to ensure that KnowOpps are not cancelled by hotels or by The Know, however, there are times where cancellation must take place due to unforeseen circumstances. In these situations, we will give you the maximum notice possible.

    A Knower may amend the dates of a KnowOpp, provided that the revised dates are within the same KnowOpp period and do not coincide fully with any BlackOut dates. A Knower may not amend the dates of a KnowOpp to those in a different KnowOpp period. In this scenario, the Knower should Cancel the existing KnowOpp (note this may be subject to Naughty No-Nos) and rebook a new KnowOpp.

  26. LIMITATION OF LIABILITY
  27. The Know is not a booking agent and we are neither responsible nor liable for health, safety, fitness for accommodation, or general treatment in the Hotels visited by Knowers or bookable through the Know Zone. Knowers are entirely responsible for their health and wellbeing while staying in hotels. Our Service is simply to receive your Surveys and relay these on to Hotels. Nor are we responsible for the enforcement or reporting of any faults or dangers highlighted in Knower Surveys. This is the responsibility of the Hotels.

    To the fullest extent permissible by law, The Know shall not be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever or howsoever arising from or in relation to the Services or the Know Zone. This includes loss or damage relating to unauthorised access to or use of our servers, any inconsistencies, errors or inaccuracies in the Know Zone or our wider Services, or any Force Majeure events beyond our reasonable control.

    Nothing in these Conditions shall limit or exclude our liability for:

    1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
    2. fraud or fraudulent misrepresentation; or
    3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

    Subject to the aforesaid:

    1. The Know shall under no circumstances whatever be liable to the Knower, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
    2. The Know’s total liability to the Knower in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges.

    The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

    This clause shall survive termination of the Contract.

  28. TERMINATION
  29. Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.

  30. CONSEQUENCES OF TERMINATION
  31. On termination of these Conditions for any reason:

    1. the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of these Conditions which existed at or before the date of termination or expiry; and
    2. clauses which expressly or by implication survive termination shall continue in full force and effect.
  32. FORCE MAJEURE
  33. For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of The Know including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of The Know or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

    We shall not be liable to a Knower as a result of any delay or failure to perform our obligations under the Conditions as a result of a Force Majeure Event.

    If the Force Majeure Event prevents us from providing any of the Services for more than 24 hours, we shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Knower.

  34. GENERAL
  35. Assignment and other dealings.

    The Know may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.

    The Knower shall not, without the prior written consent of The Know, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract.

    Notices.

    We will communicate with you via the email address you have given to us. Any notice or other communication given to The Know under or in connection with the Contract shall be by email, addressed to Queries@theknowclub.co.uk. A notice or other communication shall be deemed to have been received, if sent by e-mail, one Business Day after transmission.

    The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

    Severance.

    If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

    If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

    Waiver.

    A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

    No partnership or agency.

    Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

    Third parties.

    A person who is not a party to the Contract shall not have any rights to enforce its terms.

    Variation.

    Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by The Know.

    Governing law.

    This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.

    Jurisdiction.

    Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).