Expertrek.com – Terms & Conditions
Expertrek Ltd (UK Company Reg. No. 10981967) whose registered office is situated at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, UNITED KINGDOM (“Expertrek,” “we,” “us,” “our”), provides its services to you through its website at www.expertrek.com (the “Website”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Website, the “Service(s)”), subject to the following Terms & Conditions (as amended from time to time, the “Terms”).
Your use of the Website
Description of what we do
The Website is an online platform that connects locals who have special knowledge of and experience with a particular destination or activity (“Experts”) with visitors seeking to receive services related to such destinations and activities (“Visitors”); Experts and Visitors collectively referred to as ”Users” or ”you”. Through the Services, Experts may create and post profiles (“Profiles”) that provide information about the Expert’s knowledge and Event, and may make themselves available to offer certain services to Visitors at a particular destination (each such service, an “Event”). Visitors may select Experts to provide the Visitor with an Event.
The nature of the Service
Expertrek is not an operator of tours, activities or Events, nor is it a provider of tours or activities, and Expertrek does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Expertrek’s responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Expert for the purpose of accepting payments from Visitors on behalf of the Expert.
YOU UNDERSTAND AND AGREE THAT EXPERTREK IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN EXPERTS AND VISITORS, NOR IS EXPERTREK AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN EXPERTS AND VISITORS. EXPERTREK CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EVENTS. EXPERTREK HAS NO CONTROL OVER THE CONDUCT OF EXPERTS, VISITORS AND OTHER USERS OF THE SERVICES OR ANY EVENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY EVENTS ARE AT THE EXPERT’S AND/OR VISITOR’S OWN RISK.
You represent that you are 18 years of age or older. If you are bringing a minor as a Visitor, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Event, and have read the Terms and agree to the Terms on the minor’s behalf. If you are booking an Event on behalf of other Visitors, you will ensure, and you represent and warrant, that each Visitor on whose behalf you book has read and agreed to the Terms, which shall apply to each of them as if the reference to “you” was a reference to him/her.
Your obligations relating to registration
Your account, password and Website security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Expertrek of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Expertrek will not be liable for any loss or damage arising from your failure to comply with this Section.
Change of the Service
Expertrek reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Expertrek will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Use and storage
You acknowledge that Expertrek may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Expertrek’s servers on your behalf. You agree that Expertrek has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Expertrek reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Expertrek reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Our mobile service
The Service may includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Expertrek and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Expertrek account information to ensure that your messages are not sent to the person that acquires your old number.
The obligations of Experts
As a Expert, you may create Profiles that showcase your Event, activities you can lead, and the type of Events you can help Visitors plan. Profiles will be made publicly available via the Services, and other Members may contact you based upon the information provided in your Profile. You acknowledge and agree that you are responsible for your Profiles and your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Event at your request or invitation, excluding the Visitor (and the individuals the Visitor invites to the Event, if applicable).
You understand and agree that Expertrek does not act as an insurer or as a contracting agent for you as a Expert. If a Visitor requests your expertise for a Event and participates in your Event, any agreement you enter into with such Visitor is between you and the Visitor and Expertrek is not a party thereto. Notwithstanding the foregoing, Expertrek serves as your limited authorized agent for the purpose of accepting payments from Visitors on your behalf, and is responsible for transmitting such payments to you, subject to the Terms.
You represent and warrant that your Profile and your planning of and/or guidance on any Event will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies); and will
(a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any such Event, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues; and
(b) not conflict with the rights of third parties.
Please note that Expertrek assumes no responsibility for any Expert’s or Visitor’s compliance with any applicable laws, rules and regulations. Expertrek reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Expertrek, in its sole discretion, considers to be objectionable for any reason, in violation of the Terms or otherwise harmful to the Services.
Expertrek recommends that Experts and Visitors obtain appropriate insurance for their Events. Please review any insurance policy that you may have for your Event carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Visitors (and the individuals the Visitor invites to the Event, if applicable) while participating in your Event.
We do not endorse Events
Expertrek does not endorse any Events. In addition, although the Terms require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Expertrek with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users via the Services regarding any bookings made by you. This limitation shall not apply to any claim by a Expert against Expertrek regarding (i) the remittance of payments received from a Visitor by Expertrek on behalf of a Expert or (ii) the failure of Expertrek to book a Expertrek Booking for which the Visitor provided accurate booking information, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Conditions of use
Terms for Experts
If you are an Expert and a booking is requested for your Event via the Services, you will be required to either confirm or reject the booking within the specified timeframe (which is generally within 24-48 hours of when the booking is requested, as determined by Expertrek in its sole discretion) or the booking request will be automatically cancelled. If you are unable to confirm or decide to reject a booking of an Event within the specified timeframe, any amounts collected by Expertrek for the requested booking will be refunded to the applicable Visitor’s credit card and any pre-authorization of such credit card will be released.
The fees displayed in each listing of Events are comprised of the amounts due and payable by a Visitor solely relating to an Expert’s Event (the “Event Fees”) and amounts due and payable by a Visitor to Expertrek for providing the Services (the ”Visitor Fees”). Where applicable, Taxes may be charged in addition to the Event Fees and Visitor Fees. The Event Fees, the Visitor Fees and applicable Taxes are collectively referred to in the Terms as the “Total Fees”. Please note that it is the Expert and not Expertrek which determines the Event Fees. The Visitor Fees are added to the Event Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Expertrek will collect the Total Fees at the time of booking confirmation (i.e. when the Expert confirms the booking within the specified timeframe) and will initiate payment of the Event Fees to the Expert within 48 hours of when the Visitor arrives at the applicable Event (except to the extent that a refund is due to the Visitor). However, please note that we will not be responsible for delays in remitting Event Fees, which can vary based on the bank, payment provider, currency, location, etc. Be aware that in some instances it may take up to 30-60 days to receive funds as a result of bank and third-party payment provider process and regulations.
Each Expert hereby appoints Expertrek as the Expert’s limited agent solely for the purpose of collecting payments made by Visitors on behalf of the Expert. Each Expert agrees that payment made by a Visitor to Expertrek shall be considered the same as a payment made directly to the Expert and the Expert will make the Event available to Visitor in the agreed upon manner as if the Expert has received the payment. In accepting appointment as the limited authorized agent of the Expert, Expertrek assumes no liability for any acts or omissions of the Expert.
You acknowledge and agree that Expertrek reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of profiles. Expertrek will provide notice of any such fees via the Services prior to implementing such fees.
Cancellations and refund policy
The Terms and conditions govern the Expertrek Visitor Refund Policy (the “Visitor Refund Policy”) available to Visitors who book and pay for an Event listed by a Expert through the Expertrek platform (the “Website”) and suffer an Event Matter and the obligations of the Expert associated with the Visitor Refund Policy.
“Event Matter” means any one of the following:
(a) The Expert of the Event (i) cancels a reservation within 24 hours before the scheduled start of the reservation, (ii) fails to arrive for the Event within 20 minutes of the scheduled start time, or (iii) fails to provide the Visitor with the reasonable ability to access the Event (e.g., by allowing the Visitor access to the space in which the Event will happen or begin if applicable).
(b) The description of the Event in the listing on the Website is materially inaccurate with respect to (i) the duration of the Event, (ii) the content of the Event (including but not limited to the stated activities or Websites, as applicable), or (iii) the physical location of the Event.
(c) During the Visitor’s Event, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Event, in Expertrek’s judgment.
Visitor Refund Policy
If you are a Visitor and suffer an Event Matter, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Website, as determined by Expertrek in our discretion, depending on the nature of the Event Matter suffered or (ii) use our reasonable efforts to find and book you another Event which in our determination is reasonably comparable to the Event described in your original reservation in terms of content and quality. For clarity, in the event the alternative Event is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Event is of a lower price, you may be entitled to a partial refund for the difference. All determinations of Expertrek with respect to the Visitor Refund Policy, including without limitation the size of any refund, shall be final and binding on the Visitors and Experts.
When there is an Event Matter
Only a Visitor may submit a claim for an Event Matter. If you are a Visitor, in order to submit a valid claim for an Event Matter and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
(a) You must report the Event Matter to Expertrek in writing (at support@Expertrek.com) or via telephone and provide us with information (including evidence) about the Event and the circumstances of the Event Matter within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Event Matter;
(b) You must not have directly or indirectly caused the Event Matter (through your action, omission or negligence); and
(c) You must have used reasonable efforts to try to remedy the circumstances of the Event Matter with the Expert prior to making a claim for an Event Matter (and you must provide evidence of having done so).
Quality standards, responsibilities of Expert and reimbursement to Visitor
If you are a Expert, you are responsible for ensuring that the Events you list on the Website meet minimum quality standards regarding adequacy of the description on the Website, safety, health, and do not present a Visitor with Event Matters. Throughout the Event, Experts should be available in order to try, in good faith, to resolve Visitor Matters.
If you are a Expert, and if (i) Expertrek determines that a Visitor has suffered an Event Matter related to an Event listed by you and (ii) Expertrek either reimburses that Visitor any amount up to the amount paid by the Visitor through the Website for the Event or provides an alternative Event to the Visitor, you agree to reimburse Expertrek up to the amount paid by Expertrek within 30 days of Expertrek’s request. All determinations of Expertrek with respect to the Visitor Refund Policy, including without limitation the size of any refund to the Visitor, shall be final and binding on the Visitors and Experts. You also agree that in order for you to reimburse Expertrek up to the amount paid by Expertrek, Expertrek may off-set or reduce any amounts owed by Expertrek to you by this amount. If the Visitor is rescheduled to an alternative Event, you may lose part or all of the Event Fee payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the Visitor to the alternative Event.
The rights of the Visitors under the Visitor Refund Policy supersede the cancellation policy that otherwise applies to a particular Event. If you dispute the Event Matter you may notify us in writing (support@Expertrek.com) or via telephone and provide us with information (including evidence) disputing the claims regarding the Event Matter, provided you must have used reasonable and good faith efforts to try to remedy the Event Matter with the Visitor prior to disputing the Event Matter claim (and you must provide evidence of having done so). You agree that all determinations of Expertrek with respect to the Event Matter shall be final and binding on the Visitors and Experts regardless of your submission of a dispute against such Event Matter. In the event of one or more Event Matters, Expertrek, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Event Matters, canceling future bookings, suspending or removing the listing of the Event or imposing penalties or fees for the administrative burden associated with the Event Matters.
(a) No Assignment/No Insurance. This Visitor Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Visitor, and the Visitor has not paid any premium in respect of the Visitor Refund Policy. The benefits provided under this Visitor Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Expertrek reserves the right to modify or terminate this Visitor Refund Policy, at any time, in its sole discretion, and without prior notice.
(c) If Expertrek modifies this Visitor Refund Policy, we will post the modification on the Website or provide you with notice of the modification and Expertrek will continue to process all claims for Event Matters made prior to the effective date of the modification.
(d) Entire Agreement and Definitions. This Visitor Refund Policy constitutes the entire and exclusive understanding and agreement between Expertrek and you regarding the Visitor Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Expertrek and you regarding the Visitor Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Expertrek Terms.
(e) Limitation of Liability. IN NO EVENT WILL EXPERTREK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE EXPERTREK TERMS, EXCEED THE AMOUNT OF THE EVENT FEES COLLECTED BY EXPERTREK FROM THE VISITOR. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN EVENT OR OTHERWISE USING THE WEBSITE, SERVICES AS A EXPERT OR VISITOR, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
Outside Factors cancellations
Certain Events may depend on factors outside either party’s control, such as weather (“Outside Factors”). The Expert has the discretion as to whether Outside Factors will prevent the Event from taking place. As a Expert, if you need to cancel an Event due to Outside Factors, you must contact the Visitor and Expertrek (at support@Expertrek.com) as early as possible. Subject to the Visitor’s consent, the Expert and the Visitor may choose to reschedule the Event for another date. If the Event cannot be rescheduled, the Visitor should contact Expertrek so we may assist in finding a replacement Event. For clarity, in the event the alternative Event is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Event is of a lower price, you may be entitled to a partial refund for the difference. As a Visitor, if you have contacted Expertrek as provided above and Expertrek is unable to find you a replacement Event, Expertrek may refund the Total Fees for such booking to the applicable Visitor within a commercially reasonable time of the cancellation.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Expertrek cannot and does not offer tax-related advice to any users of the Services.
Conduct by Users
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Expertrek. Expertrek reserves the right to investigate and take appropriate legal action against anyone who, in Expertrek’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
(a) Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Expertrek, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Expertrek or its users to any harm or liability of any type;
(b) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
(c) Violate any applicable local, state, national or international law, or any regulations having the force of law;
(d) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) Solicit personal information from anyone under the age of 18;
(f) Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(g) Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
(h) Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
(i) Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
(j) Offer, as a Expert, any Events that you do not yourself have permission to provide (without limiting the foregoing, you will not list Events as a Expert if you are serving in the capacity of an agent for a third party);
(k) Offer, as a Expert, any Event that may not be provided pursuant to the terms and conditions of an agreement with a third party;
(l) Contact a Expert for any purpose other than asking a question related to a booking, such Expert’s Events or Profiles;
(m) Contact a Visitor for any purpose other than asking a question related to a booking or such Visitor’s use of the Services;
(n) When acting as a Visitor or otherwise, recruit or otherwise solicit any Expert or other user of the Services to join third party services or websites that are competitive to Expertrek, without Expertrek’s prior written approval;
(o) Use the Services to find a Expert or Visitor and then complete a booking of an Event transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Expertrek’s provision of the Services; or
(p) As a Expert, submit any Profile or Itinerary with a false or misleading price information.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Service Content, Software and Trademarks
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Expertrek, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Expertrek, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Expertrek.
The Expertrek name and logos are trademarks and service marks of Expertrek (collectively the “Expertrek Trademarks”). Other Expertrek, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Expertrek. Nothing in this Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Expertrek Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Expertrek Trademarks will inure to our exclusive benefit.
Material by third parties
Under no circumstances will Expertrek be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Expertrek does not have a duty to pre-screen content, but that Expertrek and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Expertrek and its designees will have the right to remove any content that violates the Terms or is deemed by Expertrek, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
With respect to the content or other materials you upload through the Service or share with other Users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Expertrek and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Entries”), provided by you to Expertrek are non-confidential and Expertrek will be entitled to the unrestricted use and dissemination of the Entries for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Expertrek may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process, applicable laws or government requests;
(b) enforce the Terms;
(c) respond to claims that any content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of Expertrek, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service may provide, or third parties may provide, links or other access to other websites and resources on the Internet. Expertrek has no control over such websites and resources and Expertrek is not responsible for and does not endorse such websites and resources. You further acknowledge and agree that Expertrek will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such website or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Expertrek is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Expertrek is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Expertrek is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Expertrek enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You acknowledge and agree that:
(a) You have reasonably assessed the risks involved in the Event(s) and have made an informed and voluntary choice to participate.
(b) You alone, and not your Expert(s), are responsible for determining your fitness for participating in the Event(s) and your ability to fully understand any directions or warnings presented.
(c) You will not participate in any Event(s) and/or Trip when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Event(s.
(d) You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Event(s). If you notice any hazard during an Event, you will stop participating in the Event immediately.
You agree to release, indemnify and hold Expertrek and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of the Terms or your violation of any rights of another. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR EXPERT(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR EVENT(S) AND/OR TRIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
You agree that if, despite the Terms, you or anyone on your behalf make a claim against the Expert(s) relating to an Event, you will indemnify and hold the Expert(s) harmless from any liability, demand, loss, damage, or costs which the Expert(s) may incur as the result of such claim.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXPERTREK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EXPERTREK MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
You understand and acknowledge that the Event(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE EXPERT OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EVENT, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE EVENT.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXPERTREK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EXPERTREK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL EXPERTREK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EXPERTREK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED POUND STERLING (GBP100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that Expertrek, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Expertrek believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Expertrek may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Expertrek may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Expertrek will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other User in connection with the Service and Expertrek will have no liability or responsibility with respect thereto. Expertrek reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
The Terms constitute the entire agreement between you and Expertrek and govern your use of the Service, superseding any prior agreements between you and Expertrek with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The Terms will be governed by the laws of England and Wales without regard to its conflict of law provisions. You and Expertrek agree to submit to the personal and exclusive jurisdiction of the courts of England. The failure of Expertrek to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms without the prior written consent of Expertrek, but Expertrek may assign or transfer this Terms, in whole or in part, without restriction. The section titles in the Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to the Terms or other matters by displaying notices or links to notices generally on the Service.
Please contact us at support@Expertrek.com to report any violations of the Terms or to pose any questions regarding this Terms or the Service.
Last Updated: October 20, 2017