ACTIVITYGOGO TERMS OF SERVICE

 

1. Introduction

1.1. ACTIVITYGOGO CY LTD (hereinafter “Activitygogo”, “Activitygogo.com”, “the Company”, “the Platform”, “We”, “Our”, “Us”) is registered in Cyprus with the Company Number HE392089. Our registered address is 6 Nemeseos Strovolos, 2045, Nicosia, Cyprus. Our official e-mail address of the Company is hello@activitygogo.com and our official phone number is +357 97 722 354.

1.2. The Company’s Terms of Service govern all the actions that relate to the usage of the platform, the purchases made through the platform and the redemption of such purchases at their respective redemption points.

 

2. Acknowledgments

2.1. The present terms of service and the policies incorporated thereto and into the Activitygogo Privacy Policy and Vendor Agreement (collectively, the “Terms”) constitute a binding agreement between the user (hereinafter “the User”, “you”) who uses the Platform and the Company.

2.2. By accepting these Terms or by accessing or using the Platform, you signify your agreement with these Terms. If you do not agree to these Terms, you may not access or use the Platform and you may not use the products bought through the Platform.

2.3. The Terms might be updated to meet technical, operational and legal changes. We will post the changes made to the Terms on our website, and we may send you a notice by email, in a reasonable time before the changes take effect. You may choose to deny the amended Terms and terminate your account. By continuing to use your account with the Platform after the new updates have taken effect, you indicate your agreement to the amended Terms.

2.4. Nothing in these Terms will prevent or stop you from being able to enforce your legal rights provided under Cypriot law.

2.5. We may modify the Platform, and may offer additional services and features, free of charge or subject to additional fees, which may be governed by additional or different terms.

2.6. These Terms along with the Privacy Policy and all other documents incorporated by reference to the Terms, constitute the entire agreement between you and us with respect to your use of the Platform and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Platform.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless expressed explicitly in writing.

2.7. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.

2.8. The user acknowledges that the official communication language of the Company is the English Language and the English version of these Terms shall prevail any other translation.

 

3. Definitions and Interpretations

3.1. The User is meant as the person or legal entity who uses the platform for personal and professional purposes. The term User includes any users who visit the website, listed activity providers, vendors of products offered for sale on the platform, customers who buy such products and the receivers and users of these products.

3.2. The “Vendor” is meant as the person or legal entity who offers products for sale on the Platform. The Vendor is also an Activity Provider.

3.3. Activity Provider” is the person or legal entity who creates an activity provider listing/profile or an event, for their services, on the platform. The Activity Provider is not necessarily a Vendor.

3.4. The “Customer” is meant both as the person or legal entity, who purchases a voucher for their own use or as a gift, and as the receiver of a gift voucher.

3.5. The “Service” (also mentioned as “Services”, “Activity”, or “Activities”, or “Events”) is meant both as a single service or as a package of services provided by the Vendor.

3.6. The “Product” is meant as the listed entry of the service on the Platform shop available for purchase, containing the service description, price and other related information.

3.7. The “Voucher” is the digital document that the Customer receives as proof of purchase of the product, which includes a unique redeemable code. Digital Vouchers are currently named “Gogopass” or “Gogogifts” and their names can change as decided by the Company at any given time without any prior notice.

 

4. User Account

4.1. The user is hereby granted a non-transferable, non-exclusive, personal, limited, and revocable right to access the Platform, for the purpose of reviewing or offering Activities and for additional services, as available by Activitygogo.

4.2. The Platform is offered for both guests  and registered users. You may review the Platform and the Activities as a guest, but you must register to become an Activity Provider, to buy products or to use certain features offered by the platform.

4.3. A person or legal entity can only create and hold one user account on the Platform. To sign up and login, you must choose a user name, e-mail and password, or connect via Facebook or Google log in. We may establish and require additional or different means of authentication and identification for logging in and accessing the Platform.

4.4. As soon as you become aware of any potential or actual misuse or unauthorised use of your account, you must notify Activitygogo.com. Any person who you permit directly or implicitly to use your password is considered to be authorised to act as your agent to use the Platform, including to make purchases on your behalf or redeem vouchers.

4.5. The Company will not be responsible for the user’s failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of their user profile as a result of compromising their details or conveying them to someone else.

4.6. You may terminate your user profile by contacting us via email at: info@activitygogo.com. We may require you to verify your identity by sending us additional information, as a condition for terminating your user profile. Upon completion of processing your request, we will terminate your account and you will no longer be able to access the Platform as a registered user.

4.7. Subject to these or future Terms and our discretion, you may renew your registration at any time after your user profile has been terminated, by completing the registration process again.

4.8. Notwithstanding any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, suspend, limit, or terminate your user profile, prohibit you from accessing the Platform, remove your uploaded content and take technical and legal measures to keep you off the Platform, if we determine in our sole discretion that: (a) you have abused your rights to use the Platform; or, (b) you have breached the Terms, or any usage guidelines we may convey to you; or, (c) you violated any applicable law, rule, or regulation; or, (d) you have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Platform.

 

5. Acceptable Use of the Platform

5.1. When using the Platform, you agree to abide by any usage guidelines we may convey and by all applicable laws, regulations and rules.

5.2. The User represents and warrants that i) their age is at least 18, ii) the execution of these Terms and the performance of your obligations hereunder, do not and will not breach any agreement to which you are a party to, or any other legally binding instrument that you are committed to; (iii) when executed and delivered, these Terms will constitute your legal, valid and binding obligation, enforceable against you in accordance with the conditions hereunder; (iv) you will only make legitimate purchases of Vouchers that comply with the terms of the respective Vendors;(v) you will only make legitimate uses of Vouchers that comply with the terms of such respective Vouchers’ offer notices; (vi) you will update and correct information you have submitted to the Platform and ensure that it is accurate at all times; (vii) your Platform purchases will be for your own personal use, or as a gift for another person (for avoidance of doubt, the resale of any purchased Voucher or Gift is not permitted); and (viii) you will not use information of users for any purpose without the Voucher purchasers users prior consent; (xiv) any purchase will be subject to the Terms.

5.3. You may not access or use the Platform

– for or in connection with any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, foreign law or industry standard, including, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices;

– to upload, post, email, transmit, record, provide a recording or otherwise make available any information and materials that infringe a third party’s right, especially privacy, publicity and intellectual property rights; software viruses, Trojan horses, worms and any other malicious application to computers and networks;

– to develop or create a similar or competitive product or service to the Platform.

5.4. You must not use the platform for commercial or business purpose, including but not limited to, providing the platform to third parties by reselling, licensing, renting, leasing, transferring, lending, timesharing, assigning, mirroring, redistributing or displaying the platform or any part thereof without our prior explicit permission.

5.5. You may not

– modify any material or content we make available on the Platform, except as expressly permitted under these terms.

– modify, make derivative works of, disassemble, de-compile, distribute, publicly display, reverse engineer copy, license, sell or re-sell or otherwise exploit any part of the Platform (including Activities and Vouchers) or the Platform’s software code.

– interfere with, burden or disrupt the functionality of the Platform.

– circumvent, impair or manipulate the operation of the Platform.

– work around or circumvent any technical limitations in the Platform or use any tool to enable  features or functionalities that are otherwise disabled, inaccessible or undocumented in the Platform.

– embed, frame or otherwise link directly to the Platform, from any other web-page, application or other resource, without our prior written permission.

– engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Platform.

– engage in any false, misleading or deceptive acts or practices involving the Platform or your identity, agency or affiliation with any person or legal entity.

– breach the security of the Platform, or any network or server used by the Platform, or identify any security vulnerabilities thereof without our prior knowledge and permission.

5.6. We may at any time, at our sole discretion and without prior notice, delete any material from our servers, in whole or in part.

 

6. Intellectual Property Protection Terms

6.1. All rights, title and interest in and to the Platform, including any images, video, audio, graphic design, articles, blog posts, data and its processing and other intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to us. This excludes any contributed content. These Terms do not grant any rights with respect to the Platform, unless explicitly provided.

6.2. The platform’s trademarks, name, logo and domain name are the Company’s sole property. Users may not use them, or any confusingly similar mark or text, without our prior express written consent.

6.3. The Company’s Intellectual Property Protection Terms will survive the termination of the Terms and are applicable towards everyone.

 

7. Contributed Content

7.1. The Platform may provide you various opportunities to submit or post content, including but not limited to reviews, opinions and ratings (collectively, “Contributed Content”) through communication facilities that we may offer, through or in connection with the Platform, from time to time. We may require you to have a user account to submit Contributed Content. The Activity Provider profile listings formed by Activity Providers and posted on the Platform will also be considered as “Contributed Content”.

7.2. You may upload, make available and distribute Contributed Content, subject to any content upload technical and safety guidelines and limitations which will be conveyed to you through the Platform and amend it from time to time.

7.3. You represent and warrant that you will not upload, post, transmit or otherwise make available Contributed Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violate of any third-party rights.

7.4. We may display or give you the option to display your Contributed Content in connection with your personal information, such as your name, social networking website user account name, location, friends list, action you took on Activitygogo etc.

7.5. We do not claim ownership over your Contributed Content. However, when you upload any type of Contributed Content to the Platform you represent and warrant that all such Contributed Content is owned by or licensed to you, that you do not violate rights of others, and you grant Activitygogo and Activitygogo partners, affiliates and service providers (“Activitygogo Group”) permission to use such Contributed Content, for the purposes of providing, developing and marketing the Platform’s services. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the Contributed Content.

7.6. We hold the right to remove, add and/or edit any information from listings which we believe to be untrue, misleading or violates these Terms of Service. We may also remove, add and/or edit any information on Activity Providers’ listings for system engine optimisation or marketing purposes.

7.7. If you provide us improvements or suggestions relating to Activitygogo Group or the Platform, you agree that notwithstanding any terms that Activitygogo Group has no obligation to review any such improvements or suggestions or keep them confidential; Activitygogo Group will own (and may freely use in any way) the improvements or suggestions for any purpose without restriction and free of any obligation to acknowledge or compensate you.

 

8. Content Removal

8.1. Activitygogo respects the rights of users and other persons. If you believe that your rights are abused on the Platform, please send us a written complaint in accordance with these Terms to: info@activitygogo.com

8.2. We may report any Contributed Content and share user identifiable information, if we believe, in our sole discretion, that such content is illegal, abusive or may violate any third-party rights.

8.3. We may remove any Contributed Content if we believe, in our sole discretion, or after receiving a notice, from a third party, that such content may violate any third-party rights or at the request of a law enforcement authority.

 

9. Complaints

9.1. At any time, you can contact us at: info@activitygogo.com with a complaint about Contributed Content posted on the Platform that harms you. You may file a complaint whether you are a registered user or not. You must provide your identifying details and details regarding the Contributed Content’s subject of your complaint. We may require additional information to process your complaint. We will make reasonable efforts to review your complaint and respond promptly. We will not respond to anonymous complaints.

 

10. Activities

10.1. Activitygogo is a platform for Activity Providers and Vendors to list and provide Activities. Providing the posted Activities is the sole responsibility of Activity Providers and/or Vendors. Activity Providers and/or Vendors will provide Activities that fit the descriptions of such Activities on the Platform and in accordance with these Terms and any relevant guidelines published on the Platform.

10.2. The specific terms of sale for each Activity, including the number of Vouchers available and the description of the Activity is provided by the Vendor. The Vendor is solely responsible for the Activity details and descriptions, subject to the “Disclaimer of Warranties” and “Limitation of Liability” Sections of these Terms.

10.3. The Activity Provider might change the details on their listing. Activitygogo does not supervise the details provided by Activity Providers. The pictures related to the Activities on the Platform are for illustration purposes only and may not necessarily be actual pictures of the Activity.

 

11. Activity Providers Warranties and Liabilities

11.1. The Activity Provider warrants that they are and will remain free of any obligation or restriction which would interfere or be inconsistent with interests concerning their services as furnished by them in the Platform.

11.2. The Activity Provider warrants that they will perform the services in the Platform with the degree of high professional skills and sound practices and judgment.

11.3. The Activity Provider warrants that all services furnished by them in the Platform will strictly conform to applicable law and regulations and that all Activities are covered under the appropriate insurance coverage according to the type and nature of the activity.

11.4. The Activity Provider will be solely responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including reasonable attorneys’ fees, all expense of litigation and/or settlement, and court costs, arising from any negligence or intentional acts or omission of the Activity Provider, their officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under these Terms.

 

12. Vouchers

12.1. Any voucher purchased from the Platform will be subject to our Voucher Terms & Conditions.

12.2. Activitygogo issues vouchers for different activities to its customers via its website. Vouchers are available to download immediately after purchase. They can be redeemed by their respective activity provider by sharing the unique code with the provider. The QR code and written code on the voucher should be kept secret and only shown or shared with the provider at a time you are happy to redeem your voucher. Redeeming a voucher means that you release the payment made on Activitygogo to the respective Vendor and from that point onwards you enter into a contract with the Vendor and are bound by that Vendor’s Terms and Conditions. Please keep the vouchers in a safe place and protect them as you would for money. Activitygogo accepts no responsibility for lost or stolen gift vouchers.

12.3. Some providers may ask you to share your coupon code in advance with them in order to redeem it to book a specific date for your activity. Please note that once you decide to share your voucher code with a provider you are automatically bound by their terms and conditions, including their cancellations policy.

12.4. Vouchers can be purchased for personal use or as gifts. Each voucher purchased as a gift is an opportunity to suggest an appropriate experience for a recipient of the voucher. If the person who bought the voucher or the recipient would prefer a different experience, the voucher can be exchanged for a range of other activities provided the voucher code is still valid and has not expired or been redeemed.

12.5. Each voucher is valid for a specified period of time which is stated at the time of purchase in the product description. The expiration date is also displayed on the downloadable digital voucher. All experiences should be booked and taken before the expiry date on the voucher. A voucher will be deemed to be invalid if it is out of date (the validity date is clearly stated on the voucher), if it has already been redeemed, exchanged or refunded.

12.6. Each recipient is free to book their preferred date for their chosen experience directly with the respective Vendor. The activities in respect of which vouchers may be redeemed are subject to availability and in some cases, subject to weather conditions on the day. In order to avoid disappointment, we recommend that you book the experience in respect of which the voucher will be redeemed in advance and do not organise travel or accommodation until the booking has been confirmed by the Vendor.

12.7. Do not arrive at a venue expecting to redeem your voucher without first making a booking with the Vendor, unless the Redeem Instructions on the voucher state clearly that you can show up without pre-booking. You must follow the redeem instructions for each voucher to organise your activity. Activitygogo will not be held liable for any costs incurred if you do not follow the procedure set out in these Terms of Service and on your digital voucher.

12.8. Many of the vouchers offered may be redeemed for activities which have some type of restriction applied to them; these restrictions are not decided by us but by the individual Vendor. These restrictions could include age, health, physical and size restrictions. Please read all the information provided for each activity, to ensure that your chosen voucher is the right one for you or the recipient. If you are unsure of the suitability of a particular event, please contact us with your query and we will advise you accordingly, by emailing us at info@activitygogo.com

12.9. The prices of specific activities against which gift vouchers can be redeemed which are displayed on our website are correct to the best of our knowledge and maintained on a daily basis. In the event of a voucher being issued at or redeemed against an accidental incorrect price, we will endeavour to inform the purchaser of the error within seven days of the voucher purchase / voucher redemption being made, we will allow the recipient to either obtain a full refund against the voucher or choose to pay the additional difference in price. Promotional discount codes can only be redeemed against certain Activitygogo experiences.

12.10. Whilst every effort is made to ensure the descriptions and pictures contained within the website and on the vouchers are a true reflection of the activities in respect of which the voucher may be redeemed, these do not form part of a contract. If on contacting the provider to redeem your voucher you feel that the activity taking place no longer accurately represents the activity shown on the Activitygogo website, Activitygogo will refund the purchase price provided your refund request is made within 14 days from the purchasing date. Beyond the 14 days, you can still exchange your voucher on our website for another experience provided the voucher has not expired or been redeemed. Once you choose to redeem your voucher, you will automatically become bound by the terms and conditions that individual provider may have. Please note that activities are subject to change without notice. This does not affect your statutory rights.

12.11. The undertaking of these activities may involve some personal risk. With some activities you may be required to sign a disclaimer on the day, please read these documents carefully. Some personal insurance policies may not cover some of the experiences in respect of which our vouchers may be redeemed. Please check with the provider and your insurer well in advance of your day. Note that providers usually require participants to comply with specified safety procedures. Please listen and take note if they ask you to do something – it is usually for your own safety.

12.12. When redeeming your voucher and booking your activity with a provider you will be entering into a separate agreement with the provider and will be bound by their own terms and conditions, including any restrictions applied by that provider.

12.13. Once a date is confirmed with a provider it is not possible to change this date unless the provider agrees to the change. Where a date cannot be altered by a provider it will not be possible to issue a refund. In the unlikely event that one of our providers needs to cancel your experience after you have booked a date, they will contact you to arrange an alternative date. We strongly recommend that you contact the provider on the day before you depart for your activity. In the event of cancellation, Activitygogo will not be held liable for the cost of lost insurance premiums, travel expenses, pre-booked accommodation costs or any other costs incurred.

12.14. Although Activitygogo has sought to select highly experienced activity providers, Activitygogo cannot be responsible for the safety standards or the quality or delivery of the activity, or any loss or damage suffered by you whilst participating in the activity for which the Provider shall be solely responsible.

12.15. By purchasing an Activitygogo voucher and booking your activity with a provider, you acknowledge that the activity in respect of which the voucher will be redeemed is dependent on certain factors beyond the control of Activitygogo and you agree that neither Activitygogo nor any provider shall be liable for the cancellation, postponement or alteration of any activity for reasons beyond its reasonable control, including weather-related reasons, mechanical failure, location changes or otherwise.

12.16. The conduct of a certain Activity may be subject to special Terms and Conditions which will be available to the User prior to the purchase of a Voucher. Some Activities might require a minimum number of Vouchers purchased to such Activity and such Activities may be cancelled if the minimum number of Vouchers were not purchased.

12.17. Activitygogo frequently checks the Voucher details to ensure they are updated and are an accurate reflection of each sold activity, however in the event that these details change, Activitygogo will not be held liable for any inconvenience caused by these changes.

12.18. Activitygogo does not undertake any technical examination of equipment, facilities or services in order to minimise personal risk. If mechanical machinery breaks down, you should ask the provider for reasonable substitutions without notice.

12.19. Images are intended to give a general idea of the activity described and do not form part of any contract between the purchaser and / or the recipient of the voucher and Activitygogo.

12.20. Some providers may allow you to bring spectators to watch you participate in your selected activity. When booking your date please inform the provider that you wish to bring other people. Some providers may request a nominal payment for spectators. Spectators are required to comply with the providers’ terms, conditions and expectations of conduct. Any spectators deemed under the influence of drugs or alcohol will not be permitted on site.

12.21. Competition / Charity Prizes cannot be exchanged, extended or refunded.

12.22. The best way to resolve any problems that you may experience is to speak to the provider on the day. It is the provider’s responsibility to ensure that any issues are rectified. If you are still not satisfied, please send in details of your complaint (including your voucher reference number and the name of the person you spoke to on the day) to: info@activitygogo.com or via https://activitygogo.com/contact-us/. Delays, curtailments and breakdowns are not within our control and therefore we cannot be held liable.

12.23. The total liability of Activitygogo for any claim whatsoever in connection with the Activitygogo vouchers or any activity in respect of which a voucher is redeemed shall be limited to the price paid for the activity voucher.

 

13. Voucher Exchanges & Refunds

13.1. After purchasing and prior to redeeming an activity voucher, you are free to change your mind and exchange it for another activity, provided that the voucher is still valid and it has not expired or been redeemed.

13.2. Activitygogo vouchers are flexible and can be exchanged for a wide range of activities available. Customers can request to exchange their digital voucher free of charge provided that they hold a valid voucher code that has not expired and has not been redeemed. Requests for exchanges should be emailed at info@activitygogo.com.

Once we receive your request, we will send you a new coupon code via email credited with the value of your valid voucher. You can then then go to our online shop to select a different activity and add it to your basket. Once on the checkout page and prior to placing your order, you can enter your new coupon code on the coupon section and the credit of your original voucher will automatically be applied as a discount to your new purchase. If the substituted activity in respect of which the voucher is being exchanged costs more than the original voucher you will need to pay the difference. If the replacement voucher/activity is lower in price, the remaining credit on the original voucher can be used on another purchase following the same procedure.

13.3. Refunds are available for unused valid vouchers that are not date bound, bought directly from Activitygogo for within 14 days of purchase. Once you or your recipient has redeemed your voucher and booked an experience with a provider you are bound by their Terms and Conditions. Please make yourself aware of these at the time of booking. Refunds are not available for ticket like vouchers, bought for activities with a set starting date. All refunds will be made to the person who purchased the voucher and they will be refunded directly via the original method of payment. Should this not be possible for any reason, the refund shall be issued by cheque. All refunds are processed at month-end and take between 5 and 10 working days to show in the purchaser’s account. Requests for refunds should be emailed at info@activitygogo.com.

 

14. Coupons Terms & Conditions

14.1. From time to time Activitygogo may, at its sole discretion, offer, through the Platform or otherwise, coupons (“Coupons”) allowing for certain discounts on the purchase of Vouchers or other products, the receipt of free products and/or services upon the purchase of a certain value or other similar promotions as will be stated in such Coupon’s offer notice.

14.2. Coupons may be offered by Activitygogo for personal use, or to a certain group of users and subject to the terms specified in the Coupon offer notice. Unless stated otherwise on the Coupon’s offer notice, each Coupon may only be used, whether partially or fully, in one instance. A partially used Coupon will not entitle its user to the remaining balance of such Coupon and, following such partial use, will grant no further right whatsoever, including no right to a refund of any sort and no right of participation in any Activity.

14.3. Each Coupon will be valid until a certain date or upon the specific dates represented in such Coupon’s offer notice. Any invalid Coupon, including an unused Coupon, will grant no right whatsoever, including no right to a refund of any sort and no right of participation in any Activity.

14.4. Activitygogo, at its sole discretion, may change the terms of a Coupon or cancel a Coupon, including after the Coupon was offered, until the exercise of such Coupon for the purchase of one or more Vouchers.

 

15. Reward Points

15.1. Activitygogo may grant users Reward Points (“Credits”). Such Credits will be subject to the terms specified in the section of these Terms  our Reward Points Terms & Conditions.

 

16. Reviews – User Contact

16.1. You agree not to upload, post, email or otherwise transmit: (a) any User Content or other data that is false, inaccurate, unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

16.2. Any unsolicited or unauthorised advertising, promotional materials, “junkmail,” “spam,” or any other form of solicitation; or any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment is prohibited.

16.3. You acknowledge that you are responsible for all the information, data, text, software, photographs, graphics, video, messages and other materials (“User Content”), whether publicly posted or privately transmitted, which you upload, post, email or otherwise transmit via the website.

16.4. With respect to all User Content you elect to post you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any User Content that violates these terms and conditions or is otherwise objectionable.

 

17. Information Security

17.1. Activitygogo and Activitygogo hosting services implement systems, applications and procedures to secure your information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry standard security. However, although we make efforts to protect your information, we cannot guarantee that our systems will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

17.2. The Platform may contain links to other websites, information or content provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral.By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity or legality. We assume no responsibility for such third-party websites or content or their availability or for any transactions made between you and such third-party websites. We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third-party websites or content.

 

18. Advertisements

18.1. We may include in the Platform paid advertisements on behalf of interested persons or legal entities. By clicking the advertisements, you may be shifted to a service of the advertiser or receive any other messages, information or offers from the advertiser. We are not responsible for such advertisements, the privacy practices of the advertiser or the content of their service, information, messages or offers. You are fully responsible for all communications with advertisers and to all transactions taking place subsequently. You understand that the advertisements of those persons or legal entities do not constitute a recommendation or encouragement by us, to procure the goods or services advertised.

 

19. Disclaimer of Warranty

19.1. The user acknowledges and agrees that the platform is provided for use “as is”, without any warranties of any kind. To the maximum extend permitted by law, we expressly disclaim any and all warranties, conditions, representations, and guarantees with respect to the platform.

 

20. Limitation of Liability

20.1. We, and anyone acting on our behalf will not be liable to you or to any other person with respect to the platform’s properties, abilities, limitations, fitness to your needs, or with respect to any content available on the platform, that you rely on. We, and anyone acting on our behalf, will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the platform, or from any failure, error, or breakdown in the function of the platform, or from any fault or error made by our staff or anyone acting on our behalf, or from your own reliance on the content or on material originating from third parties, or from any communication with us or with other users in connection with the platform – whether or not we have been advised of the possibility of such damage, loss, costs, expenses or payments.

 

21. Indemnification

21.1. You will indemnify us, and our officers, directors, shareholders and employees (the “Indemnified Parties”), and hold the Indemnified Parties harmless from and against any and all claims, losses, liabilities, damages, judgments, fines, fees, costs or expenses, taxes or interest or penalty thereon, including without limitation, reasonable attorneys’ fees and disbursements incurred in connection with any claim, action, suit, proceeding or investigation, whether civil, criminal, administrative or investigative, arising out of or in connection with your use of the Platform, your breach of these Terms, or your services as an Activity Provider or Vendor. In addition, we will be entitled to deduct from any amount which we owe to you under these Terms. This section will survive the termination of the Terms.

 

22. Changes and Availability

22.1. We will make efforts to have the Platform running efficiently and accessible at all times. However, the Platform’s operation is dependent upon various factors such as software, hardware and communication networks. By their nature, these factors are not fault free.
We do not warrant that the Platform will operate in an uninterrupted or error-free manner. Such incidents will not be considered a breach of these Terms. We may from time to time change the Platform’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this character by their very nature are likely to result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them.

 

23. Termination of Platform’s Operation

23.1. We may, at any time and at our sole discretion, discontinue, temporarily or permanently, the operation of the Platform, or any part thereof. We will post a notice on our website thirty (30) days prior to such termination and we may send you a notice by email. At any time, we may block, remove or delete any content from the Platform without maintaining any backup copy.

 

24. Governing Law and Jurisdiction

24.1. These Terms are governed by Cypriot law only. Any legal claim will take place within Cyprus and Cypriot courts will have the exclusive jurisdiction for it. This section will survive the termination of the Terms.

 

25. Notices and communication

25.1. We may contact you and send you notices via email and through the Platform’s interface. You may contact us at: info@activitygogo.com. We may publish – including on the Platform – any communications with you, as long as your personal details will not be revealed without your prior consent. All communications between us will be deemed as received after one business day.

25.2. The User might use to opt out from newsletters, promotional e-mails and notifications. For certain actions, including, but not limited to, order confirmation e-mails, updates to the Terms of Service or any other important actions related to their account, the User might still be contacted even after they have unsubscribed from all notifications.

 

26. No Assignment

26.1. You may not assign or transfer your rights or obligations under the Terms. Any attempted or actual assignment or transfer by you will be null and void. We may assign or transfer our rights and obligations under the Terms to any third party, provided that your rights under the Terms are not compromised by such assignment or transfer.

26.2. The relationship of you and the Platform, created by these Terms, is that of independent contractor and not that of employer-employee, principal-agent, partnership, joint venture or representative of the other. You may not make or give any agreement, statement, representation, warranty or other commitment, or create any obligation of any kind, on behalf of Platform, and will not make any misleading and/or inaccurate representations with respect to Platform or Platform services.

 

27. Payment Terms

27.1. If you purchase our Platform’s services and Activities we may ask you to pay by using the methods of payments as available, published and updated from time to time on the Platform, such as by a credit card or by using an online payment service (e.g., PayPal).

27.2. You represent that the details you provide are your own details and that they are accurate, correct and complete. Activitygogo and Vendors may cancel any offer for a Voucher which does not contain all of the details required or which contains any false details. Payment will be regarded as paid only after your credit card issuer, or your online payment service, as applicable, has confirmed the transaction. A confirmation regarding a purchase and the terms of such purchase will be sent to the user via e-mail.

 

These Terms of Service were last updated on 25/07/2019.