PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
1 – Key Terms
Tamarindo Active is an online platform that resells Tours, Activities, Equipment Rentals, Transfer Services and Accommodations (collectively, the “Services”), which Services are accessible at www.tamarindoactive.com and any other websites through which Tamarindo Active makes the Services available (collectively, the “Site”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”).
“Tours / Activities” means tours and activities.
“Tamarindo Active Content” means all Content that Tamarindo Active makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Booking Request Period” means the time period starting from the time when a booking is requested by a User (as determined by Tamarindo Active in its sole discretion), within which a Tours / Activities Company may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and Tamarindo Active Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“User” means a Member who requests a booking of a Listing via the Site, Application or Services, or a Member who contract any tour or activity and is not the Tours / Activities Company for the associated Listing.
“Tours / Activities Company” means a Member who allows their services to be listed and available for reselling via the Site, Application and Services.
“Visitor” means any individual who is accessing the Site, Application or Services included, but not limited to Users, Members and Tours / Activities Company.
“Listing” means a tour or activity that is listed by a Tours / Activities Company as available for bookings via the Site, Application, and Services.
“Member” means a person who completes Tamarindo Active’s account registration process, including but not limited to Tours / Activities Company and Users, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Tamarindo Active promotional campaign to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes that Tours / Activities Companies may be required by law to collect and remit to governmental agencies, indirect or other withholding and personal or corporate income taxes.
2 – Terms of Service
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Tamarindo Active. Please also read carefully our Privacy of Service.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TOURS / ACTIVITIES COMPANY MAY CREATE LISTINGS FOR TOURS AND ACTIVITIES AND USERS MAY LEARN ABOUT AND BOOK TOURS AND ACTIVITIES DIRECTLY WITH THE TOURS / ACTIVITIES COMPANY. YOU UNDERSTAND AND AGREE THAT TAMARINDO ACTIVE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TOURS / ACTIVITIES COMPANY AND USERS, NOR IS TAMARINDO ACTIVE A TOURS / ACTIVITIES BROKER , AGENT OR INSURER. TAMARINDO ACTIVE HAS NO CONTROL OVER THE CONDUCT OF TOURS / ACTIVITIES COMPANY, USERS AND ANY OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY TOUR OR ACTIVITY, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON TAMARINDO ACTIVE, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH TAMARINDO ACTIVE IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF TAMARINDO ACTIVE FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF TAMARINDO ACTIVE. TAMARINDO ACTIVE DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF TAMARINDO ACTIVE, INCLUDING BY INAPPROPRIATELY USING ANY TAMARINDO ACTIVE INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
3 – Modification
Tamarindo Active reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
4 – Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
5 – How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the search and booking of Tours and Activities. Such Tours and Activities are included in Listings on the Site, Application and Services with the permission of Tours / Activities Company. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a tour or activity or create a Listing, you must first register to create a Tamarindo Active Account (defined below).
Tamarindo Active is not an owner or operator of tours or activities, nor is it a provider of tours and activities and Tamarindo Active does not own, provide, manage and/or control tours or activities, nor transportation or travel services. Unless explicitly specified otherwise in the Tamarindo Active platform, Tamarindo Active’’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
6 – Account Registration
In order to access certain features of the Site and Application, and to book a Tour or activity, you must register to create an account (“Tamarindo Active Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Tamarindo Active Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Tamarindo Active through the Site, Services or Application; or (ii) allowing Tamarindo Active to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Tamarindo Active and/or grant Tamarindo Active access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Tamarindo Active to pay any fees or making Tamarindo Active subject to any usage limitations imposed by such third-party service providers. By granting Tamarindo Active access to any Third-Party Accounts, you understand that Tamarindo Active will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Tamarindo Active Account and Tamarindo Active Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Tamarindo Active Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Tamarindo Active’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Tamarindo Active Account and your Third-Party Accounts, at any time, by informing us through our email email@example.com. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Tamarindo Active makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Tamarindo Active is not responsible for any SNS Content.
Your Tamarindo Active Account and your Tamarindo Active Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Tamarindo Active Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Tamarindo Active reserves the right to suspend or terminate your Tamarindo Active Account and your access to the Site, Application and Services if you create more than one (1) Tamarindo Active Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Tamarindo Active Account, whether or not you have authorized such activities or actions. You will immediately notify Tamarindo Active of any unauthorized use of your Tamarindo Active Account.
7 – Bookings and Financial Terms
A – Key definitions
“Price per Person” means the amounts that are due and payable by a User in exchange for that User’s participation on a Tour or Activity that charges per person .
“Price” means the amounts that are due and payable by a User in exchange for that User’s participation on a Tour or Activity that charges regarding the number of people .
“Total Fees” means collectively the Price per Person or Price, as well as any add on selected on the booking form plus any Taxes.
B – Bookings and Financial Terms for Users.
The Tours / Activities Company, not Tamarindo Active, are solely responsible for honoring any confirmed bookings and making available any Tour or Activity reserved through the Site, Application and Services. If you, as a User, choose to enter into a transaction with a Tours / Activities Company for the booking of a Tour or Activity, you agree and understand that you will be required to enter into an agreement with the Tours / Activities Company and you agree to accept any terms, conditions, rules and restrictions associated with such Tour or Activity imposed by the Tours / Activities Company. You acknowledge and agree that you, and not Tamarindo Active, will be responsible for performing the obligations of any such agreements, that Tamarindo Active is not a party to such agreements, and that, disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a User before the User sends a booking request.
You as a User agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your Tamarindo Active Account.
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking. However, the booking will still need confirmation from the Tour / Activity Company. In case the Tour / Activity Company cannot honor with the booking on specified dates, Tamarindo Active will before provide the full refund offer alternative dates and other Tour / Activity Companies that offer such booked, or similar, Listing.
E – Cancellation, No-Show Policy Fees and Refunds
Users agree that Tamarindo Active will not hold responsibility to refund the Total Fees to the Users may the booking be cancelled by the User. No Listing will be eligible for refund, unless specified on the Listing page.
You as a Tours / Activities Company understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Tamarindo Active cannot and does not offer Tax-related advice to any Members.
11 – Visitor Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
– violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
– use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
– use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Tamarindo Active endorsement, partnership or otherwise misleads others as to your affiliation with Tamarindo Active;
– dilute, tarnish or otherwise harm the Tamarindo Active brand in any way, including through unauthorized use of Collective Content, registering and/or using Tamarindo Active or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Tamarindo Active domains, trademarks, taglines, promotional campaigns or Collective Contentcopy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
– infringe the rights of Tamarindo Active or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
– interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
– use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
– use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
– “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Tamarindo Active User or Tours / Activities Company;
– offer, as a Tours / Activities Company, any Tour or Activity that you do not yourself own or have permission to sell;
– register for more than one Tamarindo Active Account or register for an Tamarindo Active Account on behalf of an individual other than yourself;
– contact another Member for any purpose other than asking a question related to a Booking, Tours or Activities, Listing, or the Member’s use of the Site, Application and Services;
– recruit or otherwise solicit any Tours / Activities Company or other Member to join third-party services or websites that are competitive to Tours / Activities Company, without Tours / Activities Company’s prior written approval;
– recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
– impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
– use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
– use the Site, Application, Services or Collective Content to find a Tours / Activities Company or User and then complete a booking of a Tour or Activity independent of the Site, Application or Services, in order to circumvent the obligation to pay any Booking Fees related to Tamarindo Active’s provision of the Services or for any other reasons;
– as a Tours / Activities Company, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
– violate these Terms or Tamarindo Active’s then-current Policies and Community Guidelines or Standards;
– engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
– post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
– systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
– use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Tamarindo Active’s name, any Tamarindo Active trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Tamarindo Active’s express written consent;
– access, tamper with, or use non-public areas of the Site, Application or Services, Tamarindo Active’s computer systems, or the technical delivery systems of Tamarindo Active’s providers;
– attempt to probe, scan, or test the vulnerability of any Tamarindo Active system or network or breach any security or authentication measures;
– avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Tamarindo Active or any of Tamarindo Active’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
– forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
– attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
– advocate, encourage, or assist any third party in doing any of the foregoing; or accept or make a payment for Booking Fees outside Tamarindo Active. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Tamarindo Active harmless from any liability for such payment.
– Tamarindo Active has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Tamarindo Active may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or Tamarindo Active Account, for a violation of this Section or these Terms.
Tamarindo Active may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Tamarindo Active or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Tamarindo Active, its users, or members of the public. You acknowledge that Tamarindo Active has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Tamarindo Active reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Tamarindo Active, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
12 – Privacy
13 – Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Tamarindo Active and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Tamarindo Active used on or in connection with the Site, Application, Services, and Tamarindo Active Content are trademarks or registered trademarks of Tamarindo Active in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Tamarindo Active Content are used for identification purposes only and may be the property of their respective owners. As a Tours / Activities Company, User, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Tamarindo Active’s Trademark & Branding Guidelines (as may be updated from time to time).
14 – Tamarindo Active Content and Member Content License
Subject to your compliance with these Terms and Tamarindo Active’s Trademark & Branding Guidelines, Tamarindo Active grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Tamarindo Active Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tamarindo Active or its licensors, except for the licenses and rights expressly granted in these Terms.
15 – Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Tamarindo Active promotional campaigns, you hereby grant to Tamarindo Active a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Tamarindo Active does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Tamarindo Active promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Tamarindo Active promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Tamarindo Active the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Tamarindo Active’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Tamarindo Active promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
16 – Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Tamarindo Active is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Tamarindo Active of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
17 – Copyright Policy
Tamarindo Active respects copyright law and expects its users to do the same. It is Tamarindo Active’s policy to terminate in appropriate circumstances the Tamarindo Active Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
18 – Term and Termination, Suspension and Other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Tamarindo Active terminate the Agreement as described below.
Termination for convenience : You may terminate this Agreement at any time via the “Cancel Account” feature on the Site or by sending us an email. Tamarindo Active is not responsible for any confirmed booking you have as a Tours / Activities Company or as a User therefore any Booking Fee refund should be expected.
Termination for breach, suspension and other measures. Tamarindo Active may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “Visitor Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Tamarindo Active Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Tamarindo Active believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Tamarindo Active or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Tamarindo Active may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your Tamarindo Active Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Tamarindo Active Account, or temporarily or permanently suspend your Tamarindo Active Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Users, or (ii) Tamarindo Active believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Tamarindo Active or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Tamarindo Active and an opportunity to resolve the issue to Tamarindo Active’s reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to your Users that a pending or confirmed booking has been cancelled, (ii)support your Users, on an exceptional basis, in finding potential alternative Tours or Activities, (iii) if you are a Tour/ Activity Company You will have to refund your User in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and (iv) you will not be entitled to any compensation for confirmed bookings that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Tamarindo Active Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Tamarindo Active Account has been suspended or this Agreement has been terminated by us, you may not register a new Tamarindo Active Account or attempt to access and use the Site, Application and Services through other Tamarindo Active Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
19 – Disclaimers
A- Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Activity/Tour as made available on our website, (iii) the services rendered or the products offered by the Activity/Tour Companies or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Activity/Tour or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
B- No advice or information, whether oral or written, obtained from Tamarindo Active or through the site, application, services or collective content, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any tours / activities companies or users. you understand that tamarindo active does not make any attempt to verify the statements of users of the site, application or services or to review or visit any tours and activities. tamarindo active makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future visitors of the site, application or services. you agree to take reasonable precautions in all communications and interactions with other visitors of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, users and tours / activities company, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by tamarindo active. tamarindo active explicitly disclaims all liability for any act or omission of any user or other third party.
C- By uploading photos/images/videos onto our Application (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images/videos and that you agree that Tamarindo Active may use the uploaded photos/images/videos on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Tamarindo Active at its discretion sees fit. You are granting Tamarindo Active a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images/videos as Tamarindo Active at its discretion sees fit. By uploading these photos/images/videos the person uploading the photo(s)/image(s)/video(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, Tour / Activity Companies) due to Tamarindo Active publishing and using these photos/images/videos. Tamarindo Active does not own or endorse the photos/images/videos that are uploaded. The truthfulness, validity and right to use of all photos/images/videos is assumed by the person who uploaded the photo/image/video, and is not the responsibility of Tamarindo Active. Tamarindo Active disclaims all responsibility and liability for the pictures/videos posted. The person who uploaded the photo/video warrants that the photos/images/videos shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image/video that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Tamarindo Active at any time and without prior notice.
D- Tamarindo Active nor any of our officers, directors, employees, representatives, subsidiaries, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim caused by the participation, of a Tour or Activity by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or participation of a Tour or Activity.
20 – Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACTIVITY/ TOUR VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TAMARINDO ACTIVE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TAMARINDO ACTIVE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY TOUR OR ACTIVITY VIA THE SITE, APPLICATION AND SERVICES, OR FOR THE PARTICIPATION BY YOU ON A TOUR/ACTIVITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAMARINDO ACTIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
21 – Indemnification
You agree to release, defend, indemnify, and hold Tamarindo Active and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Tour or Activity, or (iii) creation of a Listing; (d) the participation, of a Tour or Activity by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking or participation of a Tour or Activity.
22 – Entire Agreement
Except as they may be supplemented by additional Tamarindo Active policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Tamarindo Active and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Tours or Activities made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tamarindo Active and you regarding bookings or listings of Tours or Ativities, the Site, Application, Services, and Collective Content.
23 – Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Tamarindo Active(i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
24 – General
The failure of Tamarindo Active to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tamarindo Active. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
25 – Third Party Beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.