TERMS & CONDITIONS

Tourispot Limited | Terms & Conditions

Tourispot Limited (hereafter referred to as “Tourispot”, “DietPraxis”, “we”, “us”, or “our”) provides travel packages to travelers seeking to experience travel experiences with the Site and Application (each as defined below), the “Services”). The Services are accessible at www.dietpraxis.com and any other websites through which Tourispot makes the Services available (collectively, the “Site”) and any related applications (the “Application”). By using the 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 Tourispot. Please carefully read these Terms and our Privacy Policy and our Legal Notice, each of which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties. Tourispot Limited complies with the General Travel Terms and Conditions.

Key Terms

“Collective Content” means Member Content and Tourispot Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Listing” means a Travel Package that is listed as available for booking via the Services. “Member” means a person who completes DietPraxis’ account registration process, including, but not limited to Travelers, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. “DietPraxis Content” means all Content that DietPraxis makes available through the Services, including any Content licensed from a third party, but excluding Member Content. “Traveler” means a Member who requests a booking of a Travel Package via the Services, or a Member who participates in a Travel Package.

Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions 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 portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE 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.

Modification

Tourispot reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, requesting the booking of a Travel Package. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Eligibility

The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

Account Registration

In order to access certain features of the Services, and to book a Travel Package, you must register to create an account (“DietPraxis Account”) and become a Member. You may register to join the Services directly via the Site or Application or as otherwise described in this section.

You may also be able to 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 Services, you may be able to link your DietPraxis Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to DietPraxis through the Services; or (ii) allowing DietPraxis to access your Third Party Account, as is 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 DietPraxis and/or grant DietPraxis 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 DietPraxis to pay any fees or making DietPraxis subject to any usage limitations imposed by such third party service providers. By granting DietPraxis access to any Third-Party Accounts, you understand that DietPraxis may 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 Services via your DietPraxis Account and DietPraxis Account profile page. You agree that DietPraxis, may request your email address, access to photos; friends list to help verify your identity; share your updates and photos; and to be contacted by us. 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 may be available on and through your DietPraxis Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or DietPraxis’ access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your DietPraxis Account and your Third Party Accounts, at any time, by accessing the “Profile” section of the Services. 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. DietPraxis makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and DietPraxis is not responsible for any SNS Content.

We will create your DietPraxis Account and your DietPraxis Account profile page for your use of the Services 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 DietPraxis 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. DietPraxis reserves the right to suspend or terminate your DietPraxis Account and your access to the Services if you create more than one (1) DietPraxis Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 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 DietPraxis Account, whether or not you have authorized such activities or actions. You will immediately notify DietPraxis of any unauthorized use of your DietPraxis Account.

DietPraxis performs regular backups on all servers to ensure critical files are never lost. However, DietPraxis is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy.

Bookings and Financial Terms

DietPraxis is responsible for honoring any confirmed bookings and making available any Travel Packages reserved through the Services. You acknowledge that the availability and price of a Travel Package can change any time until you have received a booking confirmation number. If you, as a Traveler, choose to enter into a transaction for the booking of a Travel Package, you agree and understand that you will be required to enter into an agreement (including releases) with us and you agree to accept any terms, conditions, rules and restrictions associated with such Travel Package imposed by us. You acknowledge and agree that DietPraxis is a party to the agreement. Except for its obligations hereunder, DietPraxis disclaims all liability arising from or related to any such agreements. Any Deposit or Balance of Payment is due as stated within the Payment contained in the Booking Page.
The Booking Page for a Travel Package will specify the Total Cost. As noted above we are 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 DietPraxis in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed), any amounts collected by DietPraxis will be refunded to such Traveler, depending on the selections the Traveler makes via the Site and Application, and any pre-authorization of such Traveler’s credit card will be released, if applicable.

You agree to pay DietPraxis the Total Cost for any booking requested in connection with your DietPraxis Account if such requested bookings are confirmed. In order to establish a booking pending the confirmation of your requested booking, you understand and agree that DietPraxis reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for either the Deposit or Total Cost or (ii) charge your credit card a nominal amount, not to exceed one Dollar (USD 1), or a similar sum in the currency in which you are transacting (e.g. one Euro or one British Pound) to verify your credit card. Once you receive confirmation of your booking, DietPraxis will collect the Total Cost Payment in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that DietPraxis cannot control any fees that may be charged to a Traveler by his or her bank related to DietPraxis collection of the Total Cost, and DietPraxis disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information to either DietPraxis or our third party payment processor. You agree to pay DietPraxis for any confirmed bookings made in connection with your DietPraxis Account in accordance with these Terms by one of the methods as may be described on the Site or Application – e.g. by credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by DietPraxis or indirectly, via a third party online payment processor or by one of the other payment methods as may be described on the Site or Application. If you are directed to DietPraxis third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

General Booking and Financial Terms

If, as a Traveler, cancels a requested booking before the requested booking is confirmed by us, DietPraxis will cancel any pre-authorization to the Traveller’s credit card and/or refund any nominal amounts charged to the credit card in connection with the requested booking within a commercially reasonable time. You agree to pay DietPraxis for the Total Cost for any booking requested in connection with your DietPraxis Account if such requested bookings are confirmed by us. Once your booking is confirmed by us, the total cost of your Travel Package is subject to our cancellation and payment terms. This cancellation must be done via your booking conversation page. However, if you are advised that your booking is an ‘on request’ basis, then above rules do not apply. This is because when a tour is ‘on request’, we, usually have to have our Operations Team submit special requests to our suppliers. So, if the request comes back approved you will be charged for the full amount. However, if we cannot confirm your request you will receive a full refund.

Cancellations and Refunds

If we cancels a confirmed booking made via the Services, a refund of only the Travel Package Cost for such booking will be made to the applicable Traveller within a commercially reasonable time of the cancellation and (ii) the Traveler may receive an email or other communication from DietPraxis containing alternative Listings and other related information. If we cancell a confirmed booking and you, as a Traveler, have not received an email or other communication from DietPraxis, please contact DietPraxis at info@dietpraxis.com.

Cancellation in the Event of Inclement Weather

Certain Travel Packages may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, we have the discretion as to whether the weather conditions will prevent the Travel Package from taking place. If we need to cancel a Travel Package for reasons of inclement weather, we must contact the Traveler as early as possible. Subject to the Traveler’s consent, we and the Traveler may choose to reschedule the Travel Package for another date.

If the Travel Package cannot be rescheduled, as a Traveler, please contact DietPraxis so we may assist in finding a replacement, non-weather-dependent Travel Package. For clarity, in the event the alternative Travel Package is of a higher price than the former, you may be responsible for any difference in the price. In the event the alternative Travel Package is of a lower price, you may be entitled to a partial refund for the difference.

As a Traveler, if you have contacted DietPraxis as provided above and DietPraxis is unable to find you a replacement Travel Package, DietPraxis may refund the deposit for such booking to the applicable Traveler within a commercially reasonable time of the cancellation.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. DietPraxis cannot and does not offer Tax-related advice to any Members of the Services.

Foreign Currency

As part of the Services, DietPraxis may provide a feature through which Members may view Payment for various Listings in foreign currencies. You understand and agree that these views of Payment are for informational purposes only and are not the official Payment for the Listings. If you (as a Traveler) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Payment if your booking is confirmed. The currency in which you will be charged may be determined by DietPraxis based on the payment method you select and the location of the Travel Package in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by us to receive payment, DietPraxis will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that DietPraxis has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although DietPraxis would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, DietPraxis would retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate.

Member Conduct

You understand and agree that you are solely responsible for compliance with all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of the Services, 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, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the 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 the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Travel Packages; “stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a DietPraxis or Traveler; register for more than one DietPraxis Account or register for a DietPraxis Account on behalf of an individual other than yourself; when acting as a Traveler or otherwise, recruit or otherwise solicit any Member to join third party services or websites that are competitive to DietPraxis, without DietPraxis’ prior written approval (for clarity and without diminishing any of DietPraxis’ rights to enforce these Terms, DietPraxis may cancel such offending Member’s DietPraxis Account, permanently block such Member from access to the Service, and take any legal action DietPraxis deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law); impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest; use automated scripts to collect information or otherwise interact with the 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 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 the 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 any portion of the Services, or any individual element within the Services, DietPraxis’ name, any DietPraxis trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without DietPraxis’ express written consent; access, tamper with, or use non-public areas of the Services, DietPraxis’ computer systems, or the technical delivery systems of DietPraxis’ providers; attempt to probe, scan, or test the vulnerability of any DietPraxis system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by DietPraxis or any of DietPraxis’ providers or any other third party (including another user) to protect the Services 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 Services 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 Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

DietPraxis will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. DietPraxis may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. In particular, in the case of any solicitation, you acknowledge that DietPraxis has no obligation (but we will) to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. DietPraxis reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that DietPraxis, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

Privacy

See DietPraxis’ Privacy Policy and for information and notices concerning DietPraxis’ collection and use of your personal information.

Ownership

The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of United Kingdom and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of DietPraxis 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 Services (including the Site and Application) or Collective Content.

DietPraxis Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, DietPraxis grants you a limited, non-exclusive, non-transferable license to (i) access and view any DietPraxis 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 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 DietPraxis or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to DietPraxis a worldwide, irrevocable, perpetual, 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, or by means of the Services. DietPraxis 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 Services. 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 Services or you have all rights, licenses, consents and releases that are necessary to grant to DietPraxis 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 DietPraxis’ use of the Member Content (or any portion thereof) on, through or by means of the Services 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. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to €25,000.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that DietPraxis 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 DietPraxis 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.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of DietPraxis used herein are trademarks or registered trademarks of DietPraxis. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at info@dietpraxis.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of DietPraxis and you hereby irrevocably assign to DietPraxis and agree to irrevocably assign to DietPraxis all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At DietPraxis’ request and expense, you will execute documents and take such further acts as DietPraxis may reasonably request to assist DietPraxis to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Copyright Policy

DietPraxis respects copyright law and expects its users to do the same. It is DietPraxis’ policy to terminate in appropriate circumstances the DietPraxis Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted.

Termination and DietPraxis Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or cancel your DietPraxis Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event DietPraxis terminates these Terms, or your access to the Services or deactivates or cancels your DietPraxis Account you will remain liable for all amounts due hereunder. You may cancel your DietPraxis Account at any time by sending an email to info@dietpraxis.com. Please note that if your DietPraxis Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback. The reviewers Facebook ID or Profile image must NOT be used or displayed anywhere. Whenever the tour review content is displayed the following attribution MUST be properly and clearly provided to DietPraxis on every page where this content appears: “These tour reviews were written on dietpraxis.com” where ‘tour reviews’ must be a link to ‘www.dietpraxis.com’.

Disclaimers

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT DIETPRAXIS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DIETPRAXIS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DIETPRAXIS MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY GROUP TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. DIETPRAXIS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, GROUP TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DIETPRAXIS 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 SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR TRAVELLERS. YOU UNDERSTAND THAT DIETPRAXIS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY TRAVEL PACKAGES. DIETPRAXIS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY DIETPRAXIS OR TAKE PLACE DURING AN TRAVEL PACKAGE.

Indemnification and Release

You agree to release, defend, indemnify, and hold DietPraxis 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; and (c) your (i) interaction with any Member, (ii) booking of an Travel Package, (iii) creation of a Listing or (iv) the use, condition or quality of an Travel Package, 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 participating in or booking a Travel Package.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by British law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any British embargoed countries.

Reporting Misconduct

If you participate in an Travel Package and you feel that a person is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to DietPraxis by contacting us with your police station and report number at info@dietpraxis.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

Entire Agreement

You may not assign or transfer these Terms, by operation of law or otherwise, without DietPraxis’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. DietPraxis may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without DietPraxis’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. DietPraxis may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by DietPraxis (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.

Controlling Law and Jurisdiction

These Terms will be interpreted in accordance with the laws of United Kingdom, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in London for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

General

The failure of DietPraxis 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 DietPraxis. 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.

Prizes and rewards

Travelers: You agree that this website, in their sole discretion, may award rewards and prizes to travelers and businesses as they see fit and we will do not need to justify the methodology behind our decisions. The prizes and rewards supplied are not redeemable for cash and this website reserves the right to cancel and withdraw any such rewards and prizes at its sole discretion without any justification required.

Contacting DietPraxis

If you have any questions about these Terms or any App Store Sourced Application, please contact DietPraxis at info@dietpraxis.com