ExperienceWare Policy and Terms
Last updated on September 10, 2019
THIS IS A COMPULSORY LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS COMPULSORY ARBITRATION,
PROHIBITS COMPLAINTS AFTER TWO YEARS AND REQUIRES ALL LAWS HANDLED IN THE COURT OF PORTIMÃO.
The terms and conditions, together with all updates, supplements, additional terms and any Experienceware rules and policies (collectively, the "Agreement") apply to the Experienceware website, Experienceware.com, including any versions optimized for viewing on a mobile device or any version made available on a third party site authorized by Experienceware; The Experienceware call center; and all other interactive features, services and communications provided by Experienceware (the "Service"), however accessed or used, operated by us, made available to us or produced and maintained by Experienceware (collectively "Experienceware" or "us" , "us" or "ours"). This Agreement applies to anyone who uses our service, including but not limited to entities that create a listing through the Service for their product or service (a "Supplier"), third parties making reservations on behalf of specific Suppliers (a " Booking Agent ") and individual consumers who use the Service, directly or indirectly, in any way, including to request a reservation from a Supplier (a" Guest ") (collectively" you "or" yours ").
BY ACCESSING OUR WEBSITE OR USING OUR SERVICE, YOU ARE ACCEPTING THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE SERVICE OR ACCESS OUR WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR CHANGE THIS AGREEMENT from time to time without prior notice. YOUR CONTINUOUS USE OF OUR SERVICE AFTER THE POST OF AMENDMENTS TO THIS AGREEMENT, MEANS THAT YOU ACCEPT THESE CHANGES. Unless we give you specific notice, no changes will be applied in a retracted manner. AND DISCLAIMS ANY LIABILITY ASSOCIATED WITH THE USE OF SUPPLIER SERVICES.
1. - How the Service Works. The Service may be used to facilitate the listing of Provider services and reservation of such services by Guests. Experienceware provides a marketplace platform for Visitors and Providers to meet online and make a reservation related to Provider services (a "Reservation"). Experienceware does not own or operate the Vendor or any associated rental property, including but not limited to boats, equipment, or the underlying activities, classes or tours, and Experienceware does not own, sell, provide, provide, rent , manage or control Provider´s products and services. Experienceware´s responsibilities are limited to: (a) facilitating the availability of our Reservations Service and (b) serving as a limited agent to each Supplier for the purpose of accepting Guest payments on behalf of the Supplier.
2. Reservations. As a condition of your use of this Service, you warrant that (a) you are 16 or older if you are a Guest and 18 or older if you are a Supplier or representative of the Booking Agent; (b) you have the legal authority to create a binding legal obligation; (c) you will use this Service in accordance with this Agreement; (d) you will use this Service only to make legitimate listings and / or reservations for you or another person for whom you are legally authorized to act; (e) you will not make any speculative, false or fraudulent listings or reservations; (f) you will inform these other persons of the terms and conditions that apply to the Reservations, including all applicable rules and restrictions, and you will agree to be bound by the terms and conditions; (g) all information provided by you is true, accurate, current and complete, (h) you will not use the Service to find a Supplier or Guest and then complete the transaction regardless of the Service, will attempt to circumvent any obligation to pay. any fees to Experienceware or make any reservations in advance of the service; and (i) if you have an account on Experienceware.com, safeguard your account information and will be responsible for any use of your account by you and anyone other than yourself.
YOU ACKNOWLEDGE THAT EXPERIENCEWARE DOES NOT CONTROL CONTENT IN ANY LIST OR RESERVE AND MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, LEGALITY OR FITNESS OF ANY PRODUCT AND SERVICE PROVIDED BY THE SUPPLIER. Experienceware IS NOT RESPONSIBLE FOR EXEMPTION OF ANY LIABILITY FOR ANY AND ALL SUPPLIER LISTS, RESERVATIONS, PRODUCTS AND SERVICES. USE OF SUPPLIER´S PRODUCTS AND SERVICES IS AT YOUR OWN RISK.
Providers, not Experienceware, are solely responsible for honoring any Reservations and making available any products and services booked through our Service. You agree and understand that you may be required to enter into an agreement with the Supplier and that your Booking depends on your agreeing to accept any terms, conditions, rules and restrictions imposed by the Supplier. You acknowledge and agree that you, not Experienceware, will be responsible for complying with the obligations of such agreements and that Experienceware is not a party to such agreements.
For more information about the Experienceware event or event record vendor, you should go to the provider´s website.
3. Account Registration and Security. In consideration of your access to or use of the Service, you will: provide true, accurate, current and complete information about yourself and your business as requested by the Service settings and the item information page (such information is the “Registration Data ”) And immediately maintain and update the Registration Data to keep it true, accurate, current and complete. If you provide false, inaccurate, non-current or incomplete information, or Experienceware has reasonable reason to suspect that this information is false, inaccurate, non-current or incomplete, Experienceware has the right to suspend or terminate your account and decline any all future use of the Service. Account Security. You are fully responsible for the security and confidentiality of your Username and Password. In addition, you are fully responsible for any and all activities that occur under your account, including activities performed by authorized Users and other third parties. You will not share your Username and Password with any third parties or allow third parties to Login to the Service using your account information. If you share your username and password with third parties, allow them to log in or use the Service using your account information or be negligent in maintaining the security of your username or password so that third parties have access to your account. , you assume all risk and loss and are responsible for any account activity by such third party, including, but not limited to, changes to your Username, password, listings, reservations or account settings as if you had made those changes yourself. . You agree to notify us immediately of any unauthorized use of your account or any other breach of security that you become aware of.
Authorized Users Anyone identified in your Registration Data or who you subsequently identify to us, including joint venture owners or additional Users, will be considered an Authorized User of your experienceware.com account. You are responsible for all account activity by Authorized Users. You authorize us to provide any Authorized User information about your account, discuss your account with him and / or make changes to your account, according to the level of account access you grant to an Authorized User through the Services. Any disputes between you and any authorized User, or any third party to whom you have provided access to your account, including account control, are solely between you and that third party and Experienceware has no responsibility or liability with respect to such account. disputes.
4. Damage to property. As a Guest, you acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite or otherwise provide access to the Provider´s property or service. Guests and Vendors agree to cooperate and assist Experienceware in good faith, and to provide Experienceware with the information and actions reasonably requested by Experienceware, in connection with any complaints or claims, or with respect to any investigation by Experienceware or a representative. Experienceware´s use or abuse of the Service or breach of this Agreement.
5. Form of payment; Fees.
Fees: In consideration for using the Service, you agree to pay the full amount included in the Reservation, including any related charges, fees, deposits and taxes. Fees and other charges related to Provider´s products or services (the "Service Fee") are defined by Provider. You acknowledge that Experienceware charges an additional fee to Guests based on a percentage of the total Service Fee (the "Guest Fee") and that Experienceware may charge additional fees to Providers or Booking Agents. Where applicable, taxes may also be charged. The Service Fee, Guest Fee, other applicable charges and taxes are all included in the "Total Fees". Experienceware will charge the full amount of the total fees by the guest´s payment method at the time the reservation is submitted by the guest. Please note that Provider, not Experienceware, determines the Service Fee and is the only response to honor any confirmed Reservations booked through our Service. In addition, you acknowledge and agree that Experienceware is not responsible for any Guest financial institution fees or charges associated with this transaction.
Pre authorization; Payment Method: At the time you make a reservation, you authorize Experienceware, or a payment processor on your behalf, to either (a) pre-authorize you through your full fee payment method or (b) charge your payment method a nominal amount of no more than one Euro (US $ 1). You authorize Experienceware, directly or indirectly, through a third party payment processor, to process your payment with the payment method selected in the booking and to charge the full amount of the total fees for each confirmed booking.
Security deposits; Damage: Certain suppliers may require payment of security deposits. Each provider will describe the value of security deposits and other relevant information. The return of any security deposit may also be subject to additional terms and conditions available from the Supplier. You authorize Experienceware, directly or indirectly, through a third-party payment processor, to obtain pre-authorization at the time of booking and to process the full security deposit amount of a confirmed reservation according to the payment method. selected. You acknowledge that Experienceware will not pay interest on your security deposit and will only release it when indicated by the vendor. Experienceware is not responsible for administering or accepting security deposit claims. All disputes regarding security deposit should be directed to the Supplier. You also authorize Experienceware, directly or indirectly, through a third party payment processor, to charge your payment method to pay for any damages in accordance with Section 4.
Cancellations: Supplier´s cancellation policy will apply to any cancellation. Your ability to receive a refund for Total Fees and other charges will depend on the terms of the Supplier´s cancellation policy and in some cases no refund may be issued. Except as set forth herein, Total Fees are non-refundable. Supplier refund details and cancellation policies are available from the list or from the Supplier. If a Provider cancels a confirmed Reservation made through the Service, it is at the Provider´s discretion and the Provider´s responsibility to issue a refund of the Total Fees for that Reservation to the applicable Guest within a commercially reasonable time after cancellation.
Recurring Payments: In some cases, guests may be required to make recurring or incremental payments against the total fees due for a confirmed booking ("Recurring Payments"). If the Recurring Payments apply to your Total Fee payment obligations due on a confirmed Reservation, you authorize Experienceware, on behalf of the Supplier, to charge the Total Rates in the increments and frequency associated with the applicable Recurring Payments identified in the Reservation.
Donations: Some providers may commit to donate a portion of the funds they receive from confirmed reserves to a specific cause or charity. Experienceware is not responsible for selecting particular charities and is not responsible for how, if or when the donation is made.
Foreign Currency: Experienceware provides a feature through which you can view Total Rates for various foreign currency listings. You acknowledge and agree that these foreign currency conversions are for informational purposes only, are unofficial and should not be considered, and may differ from the actual conversation rate charged by your financial institutions. All payments or other transactions with the Service will be in European Union currency unless expressly stated otherwise, and any refunds or deposits will be returned at the prevailing Euro exchange rate. You also acknowledge that the foreign currency exchange in euros will be performed by your financial institution and our payment process and that the applicable rate may differ from the market rate and that your financial institution may impose additional fees or charges for international transactions. These additional charges may cause the amount listed on your statement to differ from the total amount listed on the Reserve. If you have any questions about the rates or exchange rates applied to your booking, please contact your financial institution.
Third-party payment processor: Experienceware uses a third-party payment processor to process your payments for services. By purchasing or selling on Experienceware, you authorize Experienceware to disclose your payment information and instructions to the payment processor and agree to be bound by the current version of the processor´s privacy policy and terms of service. Information about Experienceware´s current payment processor is available here.
6. Right to cancel, errors. The Service may contain technical inaccuracies and typographical or other errors related to the information displayed, including, without limitation, fees or availability related to your transaction. Experienceware is not responsible for such errors, inaccuracies or omissions. Experienceware has the right to make changes, corrections or cancellations to this information or reservations at any time, including upon confirmation of a transaction. Experienceware is not responsible for communication failures, errors, difficulties or other malfunctions or transactions, transmissions, messages or entries lost, stolen or misdirected, or in connection with our Service. The Service may not be available continuously due to maintenance or repair or due to computer problems, Internet service interruptions or other unforeseen circumstances.
7. Licenses. Experienceware grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Service or its content on the corresponding platforms, and not to modify all or part of the Service. This license does not include resale or commercial use of the Service or its contents; any collection and use of third party images or content on the Service; any use derived from the Service or its content; any download or copy of account information for the benefit of another company or User; or any use of data mining, robots or similar data collection and extraction tools. The Service, or any part thereof, may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Experienceware. You grant Experienceware a limited, non-exclusive license to access, store, display and transmit the information submitted to the Service and to disclose such information to the Provider (s) and the Service as provided in our Privacy Policy. You will not access or attempt to access the content of the Service through any interface except for websites or applications publicly provided by Experienceware.
8. Copyright and Property. All content displayed or displayed on the Service, including, without limitation, text, graphics, photographs, images, sounds and illustrations ("Content"), is owned by Experienceware, its licensors, suppliers, agents or its Content providers. All elements of the Service, including, without limitation, the general design and the Content, are protected by clothing, copyright, moral rights, trademarks and other intellectual property rights laws. The Service may be used only for its intended purpose. You are authorized to view, reproduce, print and download copyrighted, audio and video documents found on our Service for personal, informational and non-commercial purposes only. You may not modify any of the materials and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell any information or work contained in the Service. The Service, its Content and all related rights shall remain the exclusive property of Experienceware or its licensors, unless expressly agreed otherwise. You will not remove any copyright, trademark or other proprietary notices from the material found on the Service. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Experienceware. We reserve the right to remove any material that is allegedly infringing without notice and without liability to you. Where appropriate, we will also terminate your account if you are determined to be a repeat infringer. If you believe your copyrighted information was used in a manner that constitutes copyright infringement, please send a notice in accordance with the requirements of European Union Copyright Law www.eur-lex.europa.eu to our designated agent at :
Experienceware does not control any Vendors or products or services. You are responsible for determining the suitability and appropriateness of any prospective guest, booking agent, provider or any activity booked through this service.
10. Inappropriate material. You are prohibited from using the Service to post or send any illegal, threatening, defamatory, obscene, pornographic or profane material or any material that may constitute or encourage conduct that is considered a criminal offense or gives rise to civil liability, or if otherwise violate any law. In addition to any remedies we may have in law or in property, if we determine, in our sole discretion, that you have violated or are likely to violate the above prohibitions, we may take any action we deem necessary to cure or prevent the violation. We may fully cooperate with any law enforcement authorities or court order or subpoena that requests or instructs us to disclose the identity of anyone who improperly uses the Service.
11. Links. You may not perform or display the Service or any information or material displayed on the Service in frames or similar means on another site without our prior written permission. From time to time, the Service may contain links to websites that are not owned, operated, or controlled by Experienceware or its affiliates. All of these links are provided as a convenience only to you. If you use these links, you will exit the Service. Neither we nor any of our respective affiliates are responsible for any content, material or other information located on or accessible on any other site. We do not endorse, warrant or make representations or warranties with respect to other sites, services or any other information located or accessible from other sites or services. If you decide to access other sites, you do so at your own risk.
12. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. In addition, you agree that you will not: (i) take any action that imposes or may impose, in our sole discretion, an excessive or disproportionately large burden on our infrastructure; (ii) interfere with or attempt to interfere with the proper operation of the Service or any activities performed on the Service; or (iii) ignore any measures we may use to prevent or restrict access to the Service. We reserve the right, in our sole discretion, to deny access to anyone to this Service at any time and for any reason, including but not limited to breach of this Agreement.
13. General Representations and Warranties. You represent that: If a guest is 16 years of age or older, or if a representative of a supplier or booking agent is 18 years of age or older, has the right and authority to enter into this Agreement, he is able and competent to satisfy the terms and conditions. , and obligations contained herein, and your use of the Service is and will be in compliance with all applicable laws. In connection with the information submitted, you represent, represent and warrant the following: (i) you have obtained all consent and have all copyright, patent, trademark, trade secret and any other proprietary rights or licenses necessary to grant the license in Section 7; (ii) if necessary, you have the consent of any identifiable natural person to use that person´s name or likeness as contemplated by the Service; (iii) you have read, understood, agreed to and will comply with the terms of this Agreement; (iv) you are not and were not an Experienceware agent and you are not and are not acting on behalf of or representing Experienceware; and (v) the information submitted and use of Experienceware as contemplated by this Agreement does not violate any third party rights, including, but not limited to, any intellectual property rights, privacy rights and advertising rights.
14. DISCLAIMER. USE OF THIS SERVICE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED IN THE SERVICE OR THROUGH THE SERVICE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INJURY. NO EXPERIENCE, NO AFFILIATE, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS GUARANTEE THE ACCURACY OR COMPLEXITY OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED IN THE SERVICE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED IN OR THROUGH THE STANDARD MAY BE OUT OF DATE, AND NO PERSON, OR ANY AFFILIATE MAKES ANY COMMITMENT OR ASSUMPTION TO MAKE UPDATE SUCH INFORMATION OR MATERIALS. PREVIOUS EXCLUSIONS OF IMPLIED WARRANTIES ARE NOT APPLICABLE TO THE EXTENT PROHIBITED BY LAW. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM CONSUMER OR THROUGH THE SERVICE, CONTENT AND SERVICE MAY NOT CREATE ANY WARRANTY NOT EXPRESSLY CONTAINED IN THIS AGREEMENT. SUPPLIERS AND ANY RESERVATIVE AGENTS IN THIS SERVICE ARE INDEPENDENT, CONTRACTING PARTIES, AND NOT AGENTS, PARTICIPANTS OR AFFILIATED COMPANIES. CONSUMER COMPANIES AND CONSUMER SUBSIDIES ARE NOT RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, WARRANTIES, LIABILITY OR NEGLIGENCE OF ANY SUPPLIER OR ANY PERSONAL INJURY, DEATH OR DAMAGES. PARTICIPATING COMPANIES AND PARTICIPATING AFFILIATES ARE NOT RESPONSIBLE AND WILL NOT REFUND IN THE EVENT OF LATE, CANCELLATION, OVERVIEW, EVALUATIONS, MAJOR FORCE OR OTHER CAUSES OTHER THAN THEIR DIRECT CONTROL, AND HAVE NO RESPONSIBILITY FOR ANY ADEQUATE RIGHTS. OR AUTHORITY. THE RATINGS EXPRESSED IN THIS SERVICE ARE FOR GENERAL GUIDELINES ONLY, AND CONSUMER COMPANIES AND CONSUMER AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE CONSUMER, ITS AFFILIATE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES.
Indemnity. You agree to defend, indemnify and hold Experienceware and any affiliated company or individual harmless from any liability, cost and expense, including reasonable attorney’s fees, related to or related to (i) use of the Service or your posting or transmission of any message or information on this Service by you or your authorized Users; (ii) your breach of any term of this Agreement, including, without limitation, your breach of any of the foregoing representations and warranties; (iii) your violation of any rights of any third party, including, without limitation, the right to privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the European Union or of any other country; (v) any claims or damages arising as a result of any information you provide to Experienceware; or (vi) access and use of any other part of the Service with your Username and Password.
Launch. In the event of a dispute with one or more Service Users, the Provider or the Booking Agent, you release Experienceware (and our directors, officers, agents, subsidiaries, joint ventures and employees) from claims, claims and damages (actual and consequential) of every kind and nature, known and unknown, suspicious and non-suspect, disclosed and undisclosed, arising out of or in any way related to such disputes, including, without limitation, any dispute over payment to Supplier or the goods or service. provided (or not provided) by the Provider.
Termination. Experienceware may suspend or terminate your account or your use of the Service at any time, for any reason or no reason. You are personally responsible for any orders placed or charges incurred on your account prior to closing. We may also suspend your access to our Service if you (a) violate this Agreement; (b) we cannot verify or authenticate any information you provide to us; or (c) we believe your actions may cause financial loss or legal liability to you, our Users, the Provider or us.
Force majeure. Neither Experienceware nor you will be liable for damage or delays or performance failures resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, Internet or unaccompanied hosting, surges or power outages. , water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any government or legal body; or labor unrest, including without limitation strikes, decelerations, pickets or boycotts; failure to guarantee raw materials, transportation facilities, fuel or energy shortages or acts or omissions of other common carriers.
Privacy. The collection and use of data, including the collection and use of personally identifiable information, is governed by Experienceware’s Privacy Policy, which is incorporated into and is part of this Agreement.
General. Any claim related to the use of the Service, the materials contained herein or this Agreement is governed by the laws of the Portuguese Government Tribunal of the District of Portimão. You agree to the exclusive jurisdiction of the state courts located in the District of Portimão. A printed version of this Agreement shall be admissible in court and administrative proceedings based on or related to this Agreement to the same extent and subject to the same conditions as other documents and business records originally generated and maintained in printed form. If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision will be breached and amended to bring the effect of the original provision as close as possible and all other provisions of this Agreement will continue in full force and effect. You agree that this Agreement may be assigned by Experienceware in our sole discretion. Headings are for reference purposes only and in no way define, limit, interpret or describe the scope or extent of this section. Our failure to act in connection with a violation by you or others does not waive our right to act in respect of subsequent or similar violations. You and Experienceware are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement. Fictitious company, product, person, character names mentioned in the Services are not intended to represent any actual individual, company or product.
Total agreement; Survival. These terms and conditions are the entire agreement between you and Experienceware and supersede any prior understandings or agreements (written or oral). The license granted by you in Section 7 (Licenses), 15 (Limitations of Liability; Limitation on Time to File Claims), 16 (Indemnity), 17 (Release) and 21 (General) will survive any termination or expiration of this Agreement.
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SUPPLIERS AND RESERVATION AGENTS
Additional Representations and Warranties. In addition to the representations and warranties contained in Section 13 and elsewhere in this Agreement, you represent, warrant and warrant that (a) you are responsible for any and all content contained in your listings; (b) any information or content submitted, posted, or displayed through the Service will not include any false, misleading, misleading, defamatory, obscene, pornographic, vulgar, or offensive material that you will not use the Service to promote, encourage, or solicit in any way. activity that is illegal, immoral, gives rise to liability, or is prohibited in the jurisdictions in which the listing appears or the reservation is offered; (c) you have the right or appropriate license to any content you post or make available through the Service; (d) you will not solicit or collect any personal information from children under 13; (e) you are responsible for maintaining and providing your products and services safely and reliably and for any resulting damages; (f) you will not breach any contract you have entered into with the Guest or any other party; (g) your products and services will comply with all applicable laws, regulations, rules, zoning requirements and safety guidelines; (h) your listings will include any applicable government taxes or fees and you are solely responsible for collecting and paying these fees to government authorities; and (i) you will not engage in any practice or conduct that conflicts, interferes with or violates the rights of others. You acknowledge and agree that Experienceware is not responsible for your compliance with any applicable laws, regulations or other requirements. Experienceware reserves the right, at any time and without notice, to remove or disable access to any listing or to suspend use of the Service for any reason, including if Experienceware, in its sole discretion, considers any use or content. objectionable for any reason, in breach of this Agreement or harmful to the Service.
Listings As a provider, you can use the service to create listings about your products or services. Several questions will be asked to fill out your listings, including but not limited to location, capacity, size, features, product or service availability, cancellation and refund policy, pricing policy and related financial terms, applicable taxes and fees, and other information. All listings must also include a valid physical address and all material terms and conditions, including applicable taxes and fees. Information you include in a list will be made publicly available by the Service and may be reserved by Guests or Booking Agents. You acknowledge and agree that once a guest or booking agent requests a reservation for your product or service, the price and terms of that reservation may not be changed by you. The provider will not submit any listings with a false or misleading price or other information and will not submit any listings with a price and terms that you do not intend to honor.
When creating a listing, you may also choose to include certain requirements that must be met by Qualified Guests to apply for a Reservation, including, but not limited to, the requirement that Guests have a verified profile photo or phone number, certain qualifications, or certifications, to reserve your product or service. You agree that none of these requirements will be applied in a discriminatory or illegal manner. In addition, you will not use the Service to request a Guest to engage in any prohibited or illegal activity or to request any information from a Guest that is prohibited by law or subject to any applicable data security requirements.
As a Supplier or Booking Agent, you may not post, upload, post, send or transmit any content (including but not limited to text, graphics, images, music, software, audio, video, information or other material) through the Services. (a) violates, appropriately appropriates or violates patents, copyrights, trademarks, trade secrets, moral rights, moral rights or other intellectual property rights of third parties, or rights of publicity or privacy; (b) violates or encourages any conduct that violates any applicable law or regulation or gives rise to civil or criminal liability; (c) is fraudulent, false, misleading or misleading; (d) is defamatory, obscene, pornographic, vulgar or offensive, as determined in Experienceware’s sole judgment; (e) promote discrimination, intolerance, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that threaten anyone else; or (g) promotes illegal or harmful activities or substances. In addition to any other features, Experienceware may immediately suspend or terminate any Provider or Booking Agent that violates these restrictions.
Reservations You must honor all bookings accepted by you or your agent. If a Guest makes a Reservation or uses your product and service, any agreement you enter into with that Guest will be between you and the Guest and Experienceware will not be party to or responsible for any commitments or obligations contained therein.
Unless Provider gives permission, Experienceware will not use the email addresses of Guests making a reservation with its service to market our Service. Experienceware may, however, contact its Guests to provide customer support, conduct satisfaction surveys and answer Guest questions regarding Reservations and other transactions on Experienceware.
You acknowledge and agree that Experienceware does not act as an insurer or contracting agent to you as a Provider or Booking Agent. Experienceware recommends that you get appropriate insurance for your business. Carefully review all insurance policies you may have, and in particular, make sure you are familiar with and understand any exclusions and deductions that may be required, including but not limited to whether your insurance policy will or will not cover. the actions or inactions of the Guests (and the individuals the Guest invites, if applicable) when using your product or service.
You acknowledge and agree that you are fully authorized, licensed, and permitted to provide your products and services, including the authority to license or rent an associated property. You acknowledge and agree that, between Experienceware and you, you are responsible for the acts and omissions of your employees, contractors, suppliers, agents and all other parties involved in providing or owning your product or service.
Fees; Form of payment.
Fees: You authorize Experienceware to charge the Service Fee, Guest Fee, and Total Fees described in Section 5. You acknowledge that the Guest Fee is based on a variable percentage of the Service Fee and is set by Experienceware. All guest fees are retained by Experienceware and all service fees, including charges and fees attributable to provider-defined taxes or government fees, are remitted to the provider as described below. Supplier acknowledges and agrees that in the event of a refund and unless Experienceware waives, Supplier is responsible for paying the Guestware Guest Fee. Please note that Experienceware currently does not charge fees for listing creation. However, you acknowledge and agree that Experienceware reserves the right, in its sole discretion, to charge and charge fees for listing creation. Please note that Experienceware will notify you of any listing fee charges through the Service prior to the implementation of this fee.
Experienceware will also use its commercially reasonable efforts to comply with security deposit requests and claims from Providers, but Experienceware is not responsible for administering or accepting any claims from security deposit providers and disclaims any and all responsibility in this regard.
Shipping: Experienceware will send you the fees charged, minus the amounts retained by Experienceware. Experienceware may instruct the payment processor, in its sole but reasonable discretion, to withhold part or all of the payment for a period of up to ninety (90) days after the date the product or service is provided to the Guest by the Supplier, in order to fulfill any security deposit return request, cancellation request or other refund. All Vendor fees held by Experienceware will be held in an unpaid account by Experienceware’s third party payment processor. In the event of any refund, cancellation, reversal, reversal, error or other need to return any Guest Total Fee amount, you expressly authorize Experienceware and its third party payment processor without any further notice or consent to (a) use funds currently held by the third party payment processor to satisfy the obligation, (b) revert some or all previously applied transfers from the third party payment processor to the Provider’s financial institution or (c) debit and transfer the required amounts directly of the Ombudsman’s financial institution.
Unless otherwise agreed in writing by Experienceware, all payments to Providers will be in European Union Euros. The provider is responsible for any conversion, including any services or other charges, in a currency other than euro. If Experienceware converts any foreign currency payments, it may deduct any processing expenses.
Payment Agent: Each Vendor hereby designates Experienceware as the Vendor’s limited agent solely for the purpose of collecting payments made by Guests or Booking Agents on behalf of the Vendor. Each Provider agrees that payment made by a Guest to Experienceware will be considered the same as a payment made directly to Provider and Provider will make the product and service available to Guest in the agreed manner, as if Provider had received fees directly. Each Provider agrees that, in accordance with Provider’s cancellation policy as reflected in the relevant List, Experienceware will reimburse the Guest the portion of the Product and Service Fees specified or if, at Experienceware’s sole but reasonable discretion, Experienceware determines Provider has not adhered to this Agreement. By accepting the appointment as Supplier’s limited authorized agent, Experienceware assumes no responsibility for any acts or omissions of Supplier. Supplier agrees to reimburse Experienceware for any disputes or other related fees applied by Experienceware’s third party payment processor and such fees may be debited directly from Supplier’s account maintained by the payment processor.
Taxes: The IRC regulations regarding Tax Authority reporting requirements stipulate that Experienceware or its payment process must collect information from all Providers in the European Union. If applicable and if required by applicable IRC regulations, Experienceware’s payment processor will issue those required to Supplier. You understand and agree that you are solely responsible for determining applicable tax reporting requirements in consultation with your tax advisors. Experienceware cannot and does not provide tax-related advice. In addition, please note that each Supplier is responsible for determining all federal, state and local taxes and government fees, and includes all applicable taxes and fees to be collected on applicable listings. Where applicable, or based on a Supplier’s request, Experienceware may issue a valid VAT invoice to that Supplier. "Tax" or "taxes" means any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other local, state and federal or other withholding taxes and personal or corporate income taxes.
Website development. From time to time, Experienceware may create websites, customer relationship management tools, and other online resources for use by the Provider and Booking Agent (the "Online Assets"). Supplier and Booking Agent acknowledge and agree that Online Assets are the sole property of Experienceware and, despite the inclusion of Supplier’s trademarks, are not "work made for rental" under the Copyright Act or any other law. To the extent that the foregoing does not apply, the Provider and the Booking Agent assign to Experienceware and its successors and assign, without further consideration, the entire right, title and interest of the Provider and the Booking Agent and the Online Assets and any intellectual property rights contained therein. Nothing contained in this Agreement shall be construed to reduce or limit Experienceware’s right, title or interest in Online Assets. In addition, Supplier and Booking Agent agree to stop using and return to Experienceware Online Assets at the request of Experienceware or upon the termination or expiration of this Agreement.
Vendor payments. Supplier may use Experienceware to initiate payments from Supplier’s designated bank account to a designated supplier or supplier of goods or services ("Supplier"). By using Experienceware in this manner, Supplier agrees to the Supplier Payment Terms and Conditions, which are available here and are incorporated into and are part of this Agreement.
Without limiting the generality of the foregoing, if Experienceware is collecting or providing Personal Data from United States Area (“USA”) individuals to the Supplier or if Experienceware is Processing, Storing or Transferring such Personal Data on behalf of the Supplier, then Experienceware and Provider and / or its Affiliates, as applicable, have agreed to be bound by the Data Processing Addendum (Addendum 1) and any applicable data transfer mechanisms (collectively, the "Privacy and Security Terms"). For the avoidance of doubt, no personal data should be processed or transferred without the Privacy and Security Terms required to comply with applicable law.
Addendum (1)
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THIS AGREEMENT.
Experienceware DreamKangaroo, Lda | São Domingos Municipality Street Lot 1, 8400.-415 Lagoa, Algarve, Portugal
(USA and RGPD European Union)
Privacy Our team at DreamKangaroo, Lda. ("Experienceware") values your trust and makes it a high priority to ensure the security and confidentiality of the personal information you provide to us. Below you will find our Privacy Policy. We encourage you to read our policy to learn about our privacy practices so that you can better understand what we collect from you, why we collect it and your rights. Remember, by visiting our site or using our services, you are accepting our practices. Mahalo, what information do we collect?
We collect personally identifiable information when you register on our site, make a reservation request, subscribe to our newsletter, complete a survey, fill out a form or enter data on our site in any way.
When making reservations or registering on our site, as appropriate, you may be asked to enter: name, email address, mailing address, phone number, credit card information, social security number, gender, level certification, experience level, height, weight, shoes or other clothing size, hotel information, or other information requested by companies using our service. You may, however, visit and browse our websites and offers and not enter any of your personally identifiable information.
How do we use your information? Any of the information we collect from you may be used in one of the following ways:
To customize your experience (your information helps us better respond to your individual needs)
To improve our site (we continually strive to improve our site offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us respond more effectively to customer service requests and support needs)
To process transactions (in addition to processing your reservations with companies that use our services, the email address you provide during reservation processing may be used to send information and updates related to your reservation, as well as receive occasional news from you). updates, product or service related information,
Provide services to companies using Experienceware
To administer a contest, promotion, survey, or other site feature
To send periodic emails
We may also collect and store information about you that we receive from other sources to, among other things, enable us to verify, update and correct the information contained in our databases, prevent fraud, provide services to other customers, and better customize your experience in our site.
Note: If at any time you would like to unsubscribe from future marketing emails, please contact
[email protected] do we protect your information?
We have implemented a variety of security measures to help maintain the security of your personal information when you book a reservation or enter, submit or access your personal information.
All credit card information provided is transmitted using Secure Socket Layer (SSL) technology. This information is then encrypted on our payment provider’s systems, accessible only to authorized persons with special access rights to those systems, and is required to keep the information confidential. Please understand that while we try to protect our personal information once received, no data transmission over the Internet can be guaranteed to be 100% secure.
After a transaction, your personal information may be kept on file to archive reservation data, help improve the customer experience and for other business purposes.
Do we use cookies and interest-based advertising? {#cookies} Yes, cookies are small files that a website or its service provider transfers to your computer’s hard drive through a web browser (if you allow it) that allows service provider websites or systems to recognize your browser. and capture and remember certain information.
We use cookies to help us remember and process items in your shopping cart, understand and save your preferences for future visits, track ads, market our services, and compile site traffic and interaction data so we can offer a site. better experiences and tools in the future. We may engage third party service providers to help us better understand site visitors. These service providers are not permitted to use any personally identifiable information collected on our behalf except to help us conduct, improve or market our business.
If you prefer, you can choose to warn your computer whenever a cookie is sent, or choose to disable all cookies in your browser settings. Like most websites, if you disable cookies, some of our services may not function properly. However, you can still book a reservation by phone by contacting the company’s customer service number directly. Your browser or device may include "Do Not Track" functionality. Experienceware’s information gathering and disclosure practices and the options we provide will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.
We allow third-party advertising companies to collect certain information when you visit our site. These companies may use cookies, pixels, or other technologies to collect and use non-personally identifiable information (eg, hash data, browser type, time and date, subject of clicked or scrolled ads) during your visits to this and to other sites in order to provide advertisements for goods and services that may be of interest to you (for example, interest-based advertising). They may also use persistent identifiers to anonymously track Internet usage over time and on other sites on their networks other than our site. To learn more about interest-based advertising or opt out of such advertising, visit the Digital Advertising Alliance websites at http://aboutads.info and the Networking Advertising Initiative at http://networkadvertising.org/ choices Google, as a third party vendor, it also uses cookies to serve ads. Google’s use of the DART cookie allows you to serve ads based on your visits to Experienceware sites and other Internet sites. Users may choose not to use the DART cookie by visiting the privacy policy of the Google ad and content network.
Do we disclose information to third parties? Yes, we provide your information to third parties who use our service to book online. We share information about your reservation and may also include information about how you use and interact with our site, such as your booking history, what activities you like or are recommended to you, and other information. In some cases, we may provide these third parties with analytics and other information about your interaction with our service through their website. Please note that this Privacy Policy does not apply to third parties and Experienceware is not responsible for how they use, maintain or disclose your information.
We also use third party service providers to help us operate our site, conduct our business, or serve our site as long as these parties agree to keep this information confidential. We may also disclose your information when we believe the disclosure is appropriate to comply with the law, enforce our site policies, or protect our or other rights, property or security in any legal manner or more appropriate to the situation at our discretion.
We may share your personal information with our business partners or co-marketers from time to time. While our treatment of your personal information is governed by this Privacy Policy, third party treatment of your information will be governed by your privacy policy. Non-personally identifiable or aggregated information may also be provided to other parties for marketing, advertising or other uses.
From time to time, in our sole discretion, we may include or offer third party products or services on our site. These third party websites have separate and independent privacy policies. Therefore, we have no responsibility for the content and activities of these linked sites. However, we seek to protect the integrity of our site and welcome any feedback about these sites.
European Union Residents European Union law allows EU residents to request certain information about Experienceware’s disclosure of their personally identifiable information to third parties for the purposes of direct marketing of such third parties. To make this request, send an email to
[email protected] specifying that you request your "Right to Forget". Wait up to thirty days for an answer.
All Users of our site may update their information at any time by logging into the control panel and accessing the ’Edit Profile’ page. We reserve the right not to comply with a request to change your information if we believe this violates any law or legal requirement or causes the information to be incorrect.
Experienceware websites are general audience websites and do not offer services directed at children. You must be 16 or older to book using Experienceware websites. If a child under the age of 13 sends us personal information, we will use that information only to respond directly to that child to inform them that we need parental consent before receiving their personal information. Reservations made by minors without consent will not be honored. If you believe experienceware has received personal information from a child under 13 without parental consent, please notify us immediately at
[email protected]
.Use of stripe
Information on using Stripe for payment services can be found here https://stripe.com/en-en/legal
If you are visiting our website from outside the European Union, please be aware that your information may be transferred, stored and processed in the European Union where our servers are located and our central database is operated. Data protection and other laws of the European Union and other countries may not be as comprehensive as those of your country, but rest assured that we have taken steps to ensure that your privacy is protected in accordance with this policy. By using our services and voluntarily submitting your information to us, you consent to the general use of the information provided in this Privacy Policy and the transfer of such information and the storage of this information within the European Union.
Also visit our Terms of Use, which set out the use, disclaimers, limitations of liability and other terms and conditions governing the use of our site and services at https://experienceware.com. This Privacy Policy is part of and incorporated into our Terms of Use; any capitalized terms used but not defined in this policy will have the same meanings set forth in the Terms of Use.
By using our site, you agree to our Privacy Policy and Terms of Use.
Attribution We may change our corporate property or organization while providing our websites or services. We may also sell certain assets associated with the websites or services. As a result, please be aware that in this case, we may transfer some or all of your information to an entity that acquires all or part of our assets or to another entity with which we merge. Under such circumstances, we would, as far as possible, require the acquiring party to follow the practices described in this Privacy Policy as it may change from time to time. However, we cannot promise that the acquiring or merged company will have the same privacy practices or treat your information as described in this Privacy Policy. Changes to our Privacy Policy We reserve the right to modify or change the terms of this Privacy Policy at any time. Your continued use of our sites or services following the posting of changes will mean that you accept the new Privacy Policy as modified. If we decide to change our Privacy Policy, we will post these changes on this page and they will be effective immediately.
This policy was last modified on September 10, 2019.Contact Us
If you have any questions about this privacy policy, please contact us using the information below.
Delivery time is counted from the confirmation of payment. Delivery time is counted from the confirmation of payment.
