- Your Relationship with OOTLAH
- For all the orders/transactions will be done through ootlah.com
- The OOTLAH Service
- The OOTLAH Services provides you with an easy and simple way to select and purchase tour itineraries, transportation services, tickets and other travel experience related services supplied by OOTLAH or our third-party suppliers (“Suppliers”) through the OOTLAH Platform. You acknowledge and agree that the specific service selected and purchased by you is for your personal and non-commercial use only. To the fullest extent permitted by law, you also agree that we may change, suspend, discontinue or terminate any services at any time and may impose regulations or restrictions on, or amend the terms of certain services, or limit your access to any part or all of the services, without prior notice to you.
- You may incur fees and expenses which shall be paid to the Suppliers by you through your use of the OOTLAH Services. In addition, you may be subject to the terms and conditions imposed by the Suppliers. You acknowledge and agree that you are solely responsible for all such fees and expenses, and you agree to pay all such fees and expense and abide by all such terms and conditions imposed by the Suppliers.
- We will make effort to maintain the operation of the OOTLAH Services and the OOTLAH Platform, but we do not warrant that the OOTLAH Services and the OOTLAH Platform will always function properly or stay uninterrupted by external factors. You agree that we reserve the right to reject your visit to the OOTLAH Platform or your use of the OOTLAH Services, and you also agree that we reserve the right to change, suspend, discontinue or terminate the OOTLAH Services or the OOTLAH Platform.
- The Platform Content
- You acknowledge and agree that, in the course of your use or access to the Platform Content, we may not be able to know which other third-party users you interact with, or predict or control their behavior. Therefore, we cannot guarantee the authenticity and accuracy of any contents, materials or information provided by other third-party users through the OOTLAH Platform.
- Member Registration and Login with Social Media
- In order for you to use the OOTLAH Services, you must sign up for a member account on the OOTLAH Platform, or via a social media account (e.g., Facebook, Line or Google+), to log in and become our member (“OOTLAH Member Account”). When registering a OOTLAH Member Account, we may ask you to provide your e-mail and set a password, and after the registration, we may ask you to fill out membership information. You must confirm that all the information you submit to OOTLAH’s Platform is true, accurate and complete, and you will update it from time to time to maintain the latest information. If you provide false information, we reserve the right to remove your OOTLAH Member Account without prior notice to you. You may not use the OOTLAH Services with any other person’s OOTLAH Member Account or social media account.
- Your OOTLAH Member Account is personal to you, and you shall not share your account information with, or allow access to your account by, any third party. You will be responsible for all activities generated under your OOTLAH Member Account, and if you find any security concern with your OOTLAH Member Account, please notify us immediately. You are responsible for maintaining the confidentiality of your password and if you have any reason to believe that your OOTLAH Member Account has been compromised or your OOTLAH Member Account has been accessed by a third party, please notify us immediately. You will be solely responsible for the losses or damages suffered by OOTLAH and any other persons due to any illegal use of your account.
- You agree that we reserve the right to reject your registration as a OOTLAH member. You also agree that we may, at our sole discretion, remove your OOTLAH Member Account at any time without prior notice to you.
- Information You Provide
- In order to collect your opinions and improve the OOTLAH Services, you agree to accept the invitation of traveler review through SMS, email or the OOTLAH Platform, and you can decide whether to fill out the traveler review at your own discretion. When we receive your traveler review, we have the right (but not the obligation) to upload your review to the relevant pages of the OOTLAH Platform and to share and disclose the extent of your satisfaction and opinions. You shall ensure that the traveler review you provide is not misleading and must not contain inappropriate, defamatory, threatening, abusive and other offensive words, nor may you disclose your and other persons’ personal information and information that is in nature not related to tourist experiences, or other content that violates the laws and regulations.
- You understand and agree that in the course of your use of the OOTLAH Services, the traveler review you provide, including but not limited to text, photographs, images and videos, may be used by OOTLAH, the Supplier or the users of the OOTLAH Platform, regardless of whether such traveler review meets all the elements of a copyright under relevant intellectual property laws. Therefore, when you provide your traveler review to OOTLAH, it means that you irrevocably agree: (a) to grant OOTLAH or the Supplier permission to reproduce, reformat, excerpt, modify, translate, create derivative works or otherwise use it on a non-exclusive, worldwide, royalty-free, perpetual, and sub-licensable condition, including but not limited to the promotion in any media formats and through any media channels; and (b) to non-exclusively grant the users of the OOTLAH Platform to access, use, reproduce, create derivative works or otherwise use it reasonably for non-commercial purpose through the OOTLAH Platform. However, your authorization, unless otherwise agreed by you in writing, will not affect your ownership of the information you provide.
- You warrant that all the information you provide (including but not limited to text, photographs, graphics and video) will not violate any laws and regulations, and will not infringe any third party’s rights, and OOTLAH will not infringe any third party’s rights by using such information; you fully understand that you are solely responsible for all the information you provide and OOTLAH will not be liable for any error or omission of any content.
- You expressly agree that we may, at our sole discretion, remove any information you provide from the OOTLAH Platform.
- Your Undertakings
- You shall promise the following:
- You agree not to copy, reproduce, distribute, publish, display, perform, transmit or broadcast any part of the OOTLAH Services without our prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without our prior express written consent: (i) altering, defacing, mutilating or otherwise bypassing any approved software through which the OOTLAH Services are made available; and (ii) using any trademarks, service marks, design marks, photographs or other content belonging to OOTLAH or obtained from the OOTLAH Services.
- You agree not to bypass, damage or otherwise interfere with any security or other features of the OOTLAH Services designed to control the manner in which the OOTLAH Services are used, harvest or mine the service content from the OOTLAH Services, or otherwise access or use the OOTLAH Services in a manner inconsistent with individual usage.
- You agree not to use, display, mirror, frame or utilize framing techniques to disclose the OOTLAH Services, including any service content available on or through the OOTLAH Services, or any portion thereof, through any other application or website, unless and solely to the extent we make available the means for embedding any part of the OOTLAH Services or service content.
- You agree not to access, tamper with, or use non-public areas of the OOTLAH Services, OOTLAH’s (and our hosting company’s) computer systems and infrastructure, or the technical delivery systems of OOTLAH’s providers.
- You agree not to harass, abuse, harm or advocate or incite harassment of another person or group, including OOTLAH’s employees and other users.
- You agree not to provide any false personal information, create a false identify, or impersonate another person or entity in any way.
- You agree not to solicit, or attempt to solicit, personal information from other users.
- You agree not to restrict, discourage or inhibit any person from using the OOTLAH Services, disclose personal information about a third person on the OOTLAH Services or obtained from the OOTLAH Services without the consent of such person, or collect information about our users.
- You agree not to engage in any fraud, breach of the information security of the OOTLAH Platform, crack the passwords of other users, transfer or illegally save the data or engage in any other illegal activities.
- To list an Experience or a Host Service, you must submit your host profile and Listing information to us to be considered for publishing on Ootlah Platforms, and you shall be required to comply with all quality standards as may be imposed by us at all times. We reserve the right to decide, in our sole discretion, if a submitted Host, Experience or Host Service will be published on Ootlah Platforms.
- To submit your host profile and Listing information, you must use our designated forms, and ensure that you will (i) provide complete and accurate information about your host profile and Host Services (such as listing description, pictures, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience), and (iii) provide any other pertinent information requested by us. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
- Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Host Services. We reserve the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
- You represent and warrant that all information, including Images, published on Ootlah Platforms shall not infringe any intellectual property or other proprietary rights of any party.
- Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with this Agreement or our Cancellation Policy.
- You agree that although all intellectual property rights subsisting in any Listing will be owned by you or your licensors, you hereby grant Ootlah and its group companies a non-exclusive, perpetual, royalty-free, worldwide, transferable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such Listing including for the purposes of advertising and marketing Ootlah Platforms and/or our Services.
- You shall not provide any third party with the published host profile and Listing information without our prior written consent.
- We reserve the right to modify the content of host profile and Listing information to be published on Ootlah Platforms at any time without notice to you. We further reserve the right to suspend or remove your Listing at any time if you breach any terms of this Agreement, any Specific Agreement and/or our Other Terms.
- You shall provide the Experience or Host Service in accordance with the representations and description of such Experience or Host Service on which the customers have relied to make their bookings.
- Once a customer has booked an Experience or Host Service offered by you, you may not request the customer to pay a higher price than the published price. You shall be responsible for all costs and expenses required to provide the Experience or Host Service, and any increase in such costs and expenses shall not be charged to the customers or Ootlah.
- You further represent and warrant that any Listing you post, and the booking or provision of any Experience or Host Service will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws of the location in which such Experience or Host Service is provided, tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions.
- When listing an Experience or Host Service, you must, where applicable, fully educate and inform customers about (i) any risks inherent to the Experience or Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience or Host Service (including dress codes, equipment, special certifications or licenses, etc.).
- You must provide an Experience or Host Service in person and may not allow any third party to provide the Experience or Host Service on your behalf, unless authorized by us in advance. Where you outsource the performance of your Host Service in full or partially to a third party (including third parties that we designate), you must notify us of the name and information of the third party, and the reasons for outsourcing your service, and obtain our discretionary approval.
- You shall notify us immediately if you cannot fulfill a Customer Booking. If your failure to fulfill the Customer Booking results in a refund to the relevant customers, you will be responsible for such refund.
- You shall promptly notify us of any complaints from a customer about your Host Services.
- If the Experience or Host Service provided by you involve any money transaction such as sales of tickets or merchandise, you shall notify us in advance.
9.Price of Host Services
- The price of any Experience or Host Service to be provided by you on Ootlah Platforms shall be agreed upon between Hosts and Ootlah before publication of your Listings. Ootlah shall charge the fees payable to Host as the provider of Ootlah Platforms ("Host Fees").
- If you maintain an online presence, whether on your own web sites or other online platforms, for any products or services same as or similar to the Experience or Host Services offered by you on Ootlah Platforms, you agree to provide us with the lowest price for such Experience or Host Services to be offered to Ootlah’s users.
- Any additional expenses that the customers may have to incur in order to enjoy certain additional options to the Experience or Host Service must be specified in your Listings or informed to the customers in advance that the price paid by the customers are exclusive of such options.
10.Payments & Cancellation
- Customers will pay for the price of your Host Services in accordance with the payment methods specified by us through Ootlah Platforms. Payments collected by us, less the applicable Host Fees (together with any applicable taxes), will be transferred to your designated bank account by the last day of the month following the month in which the relevant Host Services have been duly fulfilled by you provided that no complaint from customers is received by us with regards to the quality or performance of your services.
- All payments to Hosts and Host Fees shall be calculated and charged in either United States Dollars or Japanese Yen. Where the price of your Host Services is in a currency other than United States Dollars or Japanese Yen, then payments to you will be in United States Dollars unless otherwise agreed. Exchange rate will be determined based on Adjusted Exchange Rate which means a rate for currency conversion that is calculated by adding a mark-up to the official bank exchange rate of the day the relevant Customer Bookings are made or the day of the payment arranged.
- Hosts are responsible for any transaction fees payable for the remittance of fund to their designated bank accounts.
- When you book a reservation for a Product through the Website, Ootlah collects your payment information and processes your payment as described below under "Payment Processing". Ootlah accepts the following credit cards: Mastercard, Visa, American Express, Discover. There is no charge or service fee for processing credit or debit card payments. Full payment by credit or debit card is required to make a reservation. Payment will be listed as Ootlah/TripAdvisor on the credit or debit card statement.
- No refunds are available once a tour or service or activity has commenced
- If you wish to cancel a reservation made via the Website, the supplier's cancellation policy contained in the applicable product listing will apply to, and govern the terms of, your cancellation and any refunds. When canceling a booking, you will be notified via email or telephone of the total refund amount you will receive, if any.
- The standard cancellation policy for suppliers is:
- a 100% refund for cancellations made at least 72 hours in advance of the start date of the experience.
- Cancellations made within 72 hours of the start date of the experience will receive no refund.
Cancellation policies vary from the standard and you must check the supplier's cancellation policy contained in the applicable product listing at the time of your booking, which is the policy that will apply to and govern the terms of your cancellation and any refunds.
The value of the transaction may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on Ootlah.com and Ootlah-affiliated websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees.
- You shall not disclose or use any personal data or private information of the customers, their family members or guests ("Customer Information") acquired by you in the course of dealing with the customers and their bookings to any third party or for any purposes other than for the purposes of providing your Host Services to the relevant customers.
- Neither party is allowed to disclose or use any confidential or sensitive business information of either party acquired pursuant to this Agreement to any third party or for any purposes other than for the purposes of performing the obligations or exercising the rights under this Agreement.
12.Modifications & Amendments
- Ootlah does not charge a fee to amend or change the dates of an existing booking, as long as the request is received by our Customer Care team more than three (3) days ahead of your confirmed travel date.
- It is not possible to change or modify a special event, theater or show ticket. Sales of these tickets are final and cannot be amended once your original purchase is confirmed.
- All other date-change requests and amendments are subject to availability by our suppliers and/or service providers; Ootlah cannot guarantee the success of any date-change request.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS OOTLAH’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. OOTLAH, ITS PARENT, SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "OOTLAH GROUP COMPANIES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, OOTLAH EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
THE OOTLAH GROUP COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE OOTLAH GROUP COMPANIES. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE OOTLAH GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE OOTLAH GROUP COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OOTLAH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
THE THIRD-PARTY SUPPLIERS AND PRIVATE TOUR GUIDES PROVIDING PRODUCTS OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE OOTLAH GROUP COMPANIES. THE OOTLAH GROUP COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH SUPPLIERS OR PRIVATE TOUR GUIDES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR BOOKING OF A PRODUCT OR SERVICE OR YOUR USE OF A PRODUCT OR SERVICE. THE OOTLAH GROUP COMPANIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
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