Terms and Conditions for Suppliers
THIS AGREEMENT between
Kumutu Ltd.
(hereafter referred to as World Adrenaline)
whom is located at 7 Portland Street, London W1B 1PP, England
and
You
(hereafter referred to as the "Supplier")
1. DEFINITIONS
1.1 In interpreting these Terms and Conditions of Use:
- ‘TERMS’ and ‘TERMS AND CONDITIONS’ mean these Terms and Conditions of Use;
- ‘USERS’ means any person who uses this website. (also referred to as ‘YOU’, ‘YOUR’ and ‘YOURSELF’);
- ‘WE’, ‘US’, ‘OUR’, ‘OURSELVES’ and ‘WORLD ADRENALINE’ mean Kumutu Ltd trading as World Adrenaline;
- ‘WEBSITE’ means the internet site www.worldadrenaline.com provided by us for the purpose of customers making online reservations and purchases and to access information available on the site;
- the use of the singular includes the plural and the use of the plural includes the singular; and
- the headings are only for convenience and not for interpretation.
- ‘PARTICIPANT’ refers to an individual who has been booked to participate in an activity through the World Adrenaline website
- 'ACTIVITY OPERATOR', 'OPERATOR', or 'SUPPLIER' refers activity operators or suppliers who have joined this site in the intention to create a profile.
2. GENERAL
2.1 The terms in this Terms and Conditions for Supplier only apply to activity operators who have signed up with this site.
3. LIABILITY
3.1 The Information Technology services are provided by World Adrenaline on an 'as is' basis. World Adrenaline makes no representations, warranties or undertakings with respect to the services provided under this agreement. To the greatest extent permitted by applicable law, all representations, warranties and conditions, express or implied, statutory or otherwise, are hereby excluded, including without limitation warranties as to quality or fitness for a particular purpose.
3.2 World Adrenaline shall have no liability to the Licensee for loss or damage arising out of or in connection with this agreement, including but not limited to loss of data, income, profit or opportunity and third party claims, or for any indirect or consequential loss or damage.
4. CONTENT PROVIDED BY THE SUPPLIER
4.1 The Supplier warrants that (i) any content which relates to the Supplier's product (including information, reviews and photographs) provided to World Adrenaline by the Supplier (the "Content") is owned by the Supplier; and (ii) the Content is true and accurate and not misleading.
4.2 The Supplier hereby grants World Adrenaline (and any sub-licensee of World Adrenaline) a royalty-free licence to use the Content.
4.3 The Supplier agrees to indemnify and hold World Adrenaline and its sub-licensees harmless in respect of any claim by any third party arising from the use of the Content by World Adrenaline or its sub-licensees.
4.4 For your primary listing image you will only use an image such as logo, storefront, location or activity. Images which are misleading, irrelevant to your organization, contain self-portraits, self-promotion or content related to that stated in section 4.4 of the general Terms and Conditions of Use are not allowed.
4.5 We reserve the right to alter or edit the content supplier by the operator at any time with or without notifying the operator.
4.6 The operator must not include any links or URLs to content available off this website. This includes but is not limited to in descriptions, names, or images used on or added to this website.
5. DISTRIBUTION
5.1 We distribute your operator information and your product (activity) information and prices to third parties including other websites, travel agents, and others third parties.
6. LIABILITY
6.1 The Information Technology services are provided by World Adrenaline on an 'as is' basis. World Adrenaline makes no representations, warranties or undertakings with respect to the services provided under this agreement. To the greatest extent permitted by applicable law, all representations, warranties and conditions, express or implied, statutory or otherwise, are hereby excluded, including without limitation warranties as to quality or fitness for a particular purpose.
6.2 World Adrenaline shall have no liability to the Licensee for loss or damage arising out of or in connection with this agreement, including but not limited to loss of data, income, profit or opportunity and third party claims, or for any indirect or consequential loss or damage.
7. TERMINATION
7.1 Either party may terminate this agreement by giving not less than 28 days written notice.
7.2 Any outstanding reservations must be honoured by the Supplier notwithstanding termination of this agreement.
7.3 The Supplier undertakes on termination of this agreement to cease using and to refrain from further use of any software or service provided by World Adrenaline.
7.4 World Adrenaline reserves the right to terminate this agreement with immediate effect in the event of either (i) the Supplier's average rating by Customers on the World Adrenaline website falling below 50% (fifty percent); or (ii) failure by the Supplier to comply with these terms.
8. VARIATION
8.1 World Adrenaline reserve the right to change the functionality of this website. World Adrenaline may add, delete or stop offering content, functions and/or any other part of this website at our own discretion at any time.
8.2 World Adrenaline may at any time revise these terms and conditions by giving a 28-day notice to Suppliers, during which the Supplier may choose to accept or terminate this agreement. Continued use of this website after the 28-day notice period is your acceptance of the change. These terms were last modified on the date specified at the end of this document.
9. GENERAL
9.1 This agreement is personal to the Licensee and may not be assigned, sub-contracted or otherwise transferred in whole or in part without World Adrenaline's prior written consent. World Adrenaline and the Supplier are independent contractors and nothing in this agreement shall render them partners, joint ventures or principal and agent.
10. GOVERNING LAW
10.1 These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11. CONTACT
If you have any questions, please contact us at
Kumutu Ltd (trading as World Adrenaline)
7 Portland Place
London W1B 1PP
England
or use our contact form
Last updated on 6 October 2009
