Last updated 1 February 2017
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MOUNTAIN GURU LIMITED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
These terms and conditions contain important information about your legal rights, remedies and obligations. These include various limitations and exclusions.
In particular, Locals should understand how the laws in their respective jurisdictions affect them and their use of www.mountain.guru or any associated website or mobile application (“collectively, Our Products”).
MOUNTAIN GURU LIMITED IS UNABLE TO VET USERS OF OUR PRODUCTS AND IS UNABLE TO VERIFY THE SKILLS, COMPETENCE, OR QUALIFICATIONS OF ANY USERS OF OUR PRODUCTS.
IF YOU SKI, SNOWBOARD OR OTHERWISE INTERACT WITH SOMEBODY THAT YOU MEET THROUGH OUR PRODUCTS, YOU ARE DOING SO WITH A STRANGER. YOU SHOULD INTERACT WITH THIS PERSON USING THE SAME DEGREE OF CAUTION YOU WOULD IF YOU MET THAT PERSON ON THE BUS.
VISITORS SHOULD NOT ASSUME THAT A LOCAL THEY MEET THROUGH OUR PRODUCTS KNOWS ANYTHING ABOUT MOUNTAIN SAFETY. VISITORS SHOULD TAKE FULL RESPONSIBILITY FOR THEIR OWN WELLBEING, AND SKI OR SNOWBOARD WITHIN THEIR LIMITS. VISITORS SHOULD BE CLEAR AND HONEST WITH THEIR LOCAL ABOUT THEIR SKIING OR SNOWBOARDING ABILITY.
LOCALS SHOULD MAKE SAFETY THEIR NUMBER ONE PRIORITY, INCLUDING THE SAFETY OF THEIR VISITOR(S), THEMSELVES AND ANY OTHER MEMBERS OF THE PUBLIC. LOCALS SHOULD MAKE THEIR OWN ASSESSMENT ABOUT THE SKIING OR SNOWBOARDING ABILITY OF THEIR VISITOR(S) BEFORE TAKING THEM TO CHALLENGING OR DANGEROUS TERRAIN.
LOCALS SHOULD CONSIDER THAT IF A VISITOR INJURES HIM OR HERSELF WHILE SKIING OR SNOWBOARDING WITH THE LOCAL, THE LOCAL RISKS FACING LEGAL ACTION AND MAY BE REQUIRED TO COMPENSATE THE VISITOR FOR ANY INJURY OR LOSS WHICH OCCURS. IN THE CASE OF LIFE ALTERING INJURY OR DEATH, THIS CAN AMOUNT TO MANY MILLIONS OF DOLLARS/POUNDS/EUROS. LOCALS SHOULD THEREFORE CONSIDER WHETHER THIRD PARTY LIABILITY INSURANCE IS APPROPRIATE AND SHOULD CONSIDER PERSONAL INJURY LAWS IN THE LOCAL’S OWN JURISDICTION.
MOUNTAIN GURU LIMITED TAKES NO RESPONSIBILITY FOR LOSS OR INJURIES WHICH OCCUR THROUGH YOUR USE OF THE SITE OR THE APPLICATION.
Key Terms
Mountain Guru Limited provides an online platform that connects locals who are based in ski resorts (“Locals”) with visitors who are visiting those ski resorts (“Visitors”) (collectively, the “Services”). The Services enable Visitors to pay Locals to ski with them. The Services are accessible at www.mountain.guru and any other websites through which Mountain Guru makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).
Member, Local, Visitor, Profile, Mountain or Resort, Services, Site, Application, Terms, Sessions
“Application” means any applications for mobile, tablet and other smart devices and application program interfaces through which Mountain Guru makes the Services available.
“Booking” means the booking through the Site, Application or Services of a Session, confirmed by at least one Visitor and one Local, both of whom will be taking part in the Session, including confirmation of the date, time, duration, location, cost, and participants in relation to the Session.
“Booking Request Period” means the time period starting from the time when a Booking is requested by a Visitor (as determined by Mountain Guru Limited in its sole discretion), within which a Local may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and Mountain Guru Limited Content.
“Communication” means an email, message via the Application, text message or message through other communication systems connected with the Site or Application.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Local” means a Member who creates a Profile offering to ski or snowboard with Visitors via the Site, Application and Services.
“Member” means a person who completes Mountain Guru Limited’s account registration process, including but not limited to Locals and Visitors, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Mountain Guru Limited promotional campaign to be made available through the Site, Application or Services.
“Mountain” in relation to a Session means the mountain at which the Session takes place.
“Mountain Guru Content” means all Content that Mountain Guru Limited makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Our Products” means the Site and Application and any related products.
“Profile” means a page on the Site or Application relating to a particular Member, containing the Member’s various personal details as provided by the Member, and visible to other Members.
“Resort” in relation to a Session means the ski resort at which the Session takes place.
“Services” means everything provided by Mountain Guru through the Site or Application in order to enable Visitors to connect with Locals and to book Sessions.
“Session” means the actual event when a Visitor and a Local meet in person and ski, snowboard or otherwise interact together.
“Site” means www.mountain.guru and any other websites through which Mountain Guru makes the Services available.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, fees (such as convention centre fees) that Members may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Terms” means these terms and conditions and any other terms, conditions or policies published by us.
“Visitor” means a Member who creates a Profile in the “Visitor” section of the Site or Application, which means that the Member is able to request from a Local a Booking of a Session via the Site, Application or Services.
Terms of Service
By using the Site, Application or 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 your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Mountain Guru Limited. Please also read carefully our Privacy Policy at www.mountain.guru/privacy.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies 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 area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LOCALS MAY CREATE PROFILES ABOUT THEMSELVES AND VISITORS MAY LEARN ABOUT THE LOCAL AND MAY BOOK THE LOCAL DIRECTLY TO SKI, SNOWBOARD OR OTHERWISE INTERACT WITH THE VISITOR. YOU UNDERSTAND AND AGREE THAT MOUNTAIN GURU LIMITED IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LOCALS AND VISITORS, NOR IS MOUNTAIN GURU LIMITED A MOUNTAIN PROFESSIONAL, MOUNTAIN GUIDING SERVICE, SKI OR SNOWBOARD SCHOOL, AGENT OR INSURER. MOUNTAIN GURU LIMITED HAS NO CONTROL OVER THE CONDUCT OF LOCALS, VISITORS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO USE THE SITE, APPLICATION OR SERVICES, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH MOUNTAIN GURU LIMITED IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF MOUNTAIN GURU LIMITED FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF MOUNTAIN GURU LIMITED. MOUNTAIN GURU LIMITED DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR PROFILE, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR PROFILE, OR ANY OTHER MATTERS RELATED TO ANY PROFILE, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF MOUNTAIN GURU LIMITED, INCLUDING BY INAPPROPRIATELY USING ANY MOUNTAIN GURU LIMITED INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, 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
Mountain Guru Limited reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the United States, Mountain Guru Limited may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorise us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Mountain Guru Limited’s vendors.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of ski or snowboard sessions with Locals (“Sessions”). Such Locals are included in Profiles on the Site, Application and Services, with profiles provided by the Locals themselves. You may view Locals’ Profiles as an unregistered visitor to the Site, Application and Services; however, if you wish to book a session with a Local or create a Profile, you must first register to create a Mountain Guru Limited Account (defined below).
As stated above, Mountain Guru Limited makes available an online platform or marketplace with related technology for Locals and Visitors to meet online and arrange for bookings of Sessions directly with each other. Mountain Guru Limited is not an owner, operator or provider of mountain guiding services, ski schools, alpine training facilities or any other services, business or facilities in connection with mountain guiding or training. Mountain Guru Limited does not train Locals nor does it verify, know or have any control over whether Locals have any training or qualifications in relation to mountain guiding and alpinism.
Unless explicitly specified otherwise in the Mountain Guru Limited platform, Mountain Guru Limited’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE LOCALS AND VISITORS CONNECTING AND BOOKING SESSIONS DIRECTLY WITH EACH OTHER. MOUNTAIN GURU LIMITED CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES AND THE COMPETENCE, SKILL, ABILITY, QUALIFICATIONS, PROFESSIONALISM OR SUITABILITY OF ANY LOCALS. MOUNTAIN GURU LIMITED IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROFILES LOCALS AND SESSIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
Account Registration
In order to access certain features of the Site and Application, and to book a Session or create a Profile, you must register to create an account ("Mountain Guru Limited Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also 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 Site, Application and Services, you may link your Mountain Guru Limited Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Mountain Guru Limited through the Site, Services or Application; or (ii) allowing Mountain Guru Limited to access your Third-Party Account, as 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 Mountain Guru Limited and/or grant Mountain Guru Limited 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 Mountain Guru Limited to pay any fees or making Mountain Guru Limited subject to any usage limitations imposed by such third-party service providers. By granting Mountain Guru Limited access to any Third-Party Accounts, you understand that Mountain Guru Limited will 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 Site, Services and Application via your Mountain Guru Limited Account and Mountain Guru Limited Account profile page. 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 will be available on and through your Mountain Guru Limited Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Mountain Guru Limited's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Mountain Guru Limited Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. 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. Mountain Guru Limited makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Mountain Guru Limited is not responsible for any SNS Content.
Your Mountain Guru Limited Account and your Mountain Guru Limited Account profile page will be created for your use of the Site and Application 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 Mountain Guru Limited 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. Mountain Guru Limited reserves the right to suspend or terminate your Mountain Guru Limited Account and your access to the Site, Application and Services if you create more than one (1) Mountain Guru Limited Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
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 Mountain Guru Limited Account, whether or not you have authorised such activities or actions. You will immediately notify Mountain Guru Limited of any unauthorised use of your Mountain Guru Limited Account.
Member Profiles
As a Member, you may create a Profile. To create a Profile, you will be asked a variety of questions about yourself, including, but not limited to, your location, age, gender, knowledge of your local resort, length of time spent in your local resort, skiing or snowboarding experience and ability, preferred type of terrain, preferred type of skiing or snowboarding, willingness to travel to other resorts (and knowledge of those other resorts), willingness to ski or snowboard with individuals, willingness to ski or snowboard with groups, willingness to ski or snowboard on terrain that is below your ability and with Visitors who are below your ability, willingness to ski or snowboard with Visitors on powder days any relevant qualifications such as instructing or guiding qualifications, your availability and pricing and related rules and financial terms. In order to be featured in a Profile via the Site, Application and Services, all Locals and Visitors must provide valid physical addresses and other contact details. These details may not be shared with other Members. Profiles will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Profiles in search results may depend on a variety of factors, including, but not limited to, Visitor and Local preferences, ratings and/or ease of booking.
Other Members will be able to book Locals via the Site, Application and Services based upon the information provided in your Profile, your Visitor requirements, and Visitors’ search parameters and preferences. You understand and agree that once a Visitor requests a booking of a Session with you, you may not request the Visitor to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Profile details and Member Content you post. Accordingly, you represent and warrant that any Profile you post and a Visitor’s booking of a Session with you (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any information included in a Profile you post, and (b) not conflict with the rights of third parties. Please note that Mountain Guru Limited assumes no responsibility for a Local’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Mountain Guru Limited reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Mountain Guru Limited, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Mountain Guru Limited's then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Local, you understand and agree that Mountain Guru Limited does not act as an insurer or as your contracting agent. If a Visitor requests a booking of a Session with you skis or snowboards with you, any agreement you enter into with such Visitor is between you and the Visitor and Mountain Guru Limited is not a party to it.
When you create a Profile, you may also choose to include certain requirements which must be met by the Visitors who are eligible to request a booking of a Session with you, such as requiring Members to have a profile picture or verified phone number, in order to book a Session. Any Member wishing to book a Session with a Local whose Profile includes such requirements must meet these requirements. More information on how to set such requirements is available via the "Locals" section of the Site, Application and Services.
If you are a Local, Mountain Guru Limited makes certain tools available to you to help you to make informed decisions about which Visitors you choose to confirm or preapprove for booking a Session with you. You acknowledge and agree that, as a Local, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who may ski or snowboard or otherwise interact with your Visitor at your invitation, excluding the Visitor (and the individuals the Visitor invites to ski, snowboard or otherwise interact with you, if applicable.)
Mountain Guru Limited recommends that Locals obtain appropriate liability insurance for themselves. Please review any insurance policy that you may have for yourself carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Visitors (and the individuals the Visitor invites to ski, snowboard or otherwise interact with you, if applicable) while skiing, snowboarding or otherwise interacting with you.
Mountain Guru Limited may offer Locals the option of having photographers take photographs of them or their local mountain. If you as a Local choose to have a photographer do this, Mountain Guru Limited shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Profile with a watermark or tag bearing the words "Mountain Guru Limited Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Profile is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Profile and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent you or your local mountain or if you cease to be a Local for the mountain featured. All images, materials and content created by these photographers, including Verified Images, constitute Mountain Guru Limited Content, regardless of whether you include them in your Profile and you agree not to use them except in your Profile without prior authorisation from Mountain Guru Limited. If your Mountain Guru Limited Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Mountain Guru Limited retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
No Endorsement
Mountain Guru Limited does not endorse any Member, Local, Visitor, Profile, Mountain or Resort. You understand that Verified Images are intended only to indicate a photographic representation of the Profile or Mountain at the time the photograph was taken. Verified Images are therefore not an endorsement by Mountain Guru Limited of any Member, Local, Visitor, Profile, Mountain or Resort.
Members are required by these Terms to provide accurate information. Although Mountain Guru Limited may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
By registering for a Mountain Guru Limited Account, you agree that Mountain Guru Limited may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we'll request and use it in compliance with applicable law.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Mountain Guru Limited about any Member, including of the Member's identity, competence, skill, ability, qualifications, professionalism and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to ski, snowboard or otherwise interact with a Local or a Visitor or to accept or preapprove a booking request from a Visitor, or to have any other interaction with any other Member. Mountain Guru Limited is not responsible for any damage or harm resulting from your interactions with other Members.
jjjjjjjjj
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Mountain Guru Limited with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Profile made by you. This limitation shall not apply to any claim by a Local against Mountain Guru Limited regarding the remittance of payments received from a Visitor by Mountain Guru Limited on behalf of a Local, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms
Key definitions
"Booking Fees" means the amounts that are due and payable by a Visitor in exchange for the time spent by a Local skiing, snowboarding or otherwise interacting with the Visitor. The Local alone, and not Mountain Guru Limited, is responsible for the Booking Fees for him or herself. The Local may in his or her sole discretion decide to include in these amounts (i) a fee for lift passes, or (ii) a fee for travel any other fee permitted on the Mountain Guru platform, or (iii) Taxes that the Local determines that he or she has to collect.
"Visitor Fees" means the fee that Mountain Guru Limited charges a Visitor for the use of the Services, which is calculated as a percentage of the applicable Booking Fees. The Visitor Fees will be displayed to the Visitor when the Visitor is asked whether to send a booking request to a Local.
"Local Fees" means the fee that Mountain Guru Limited charges a Local for the use of the Services, which is calculated as a percentage of the applicable Booking Fees. The Local Fees will be displayed to the Local when the Local is asked whether to confirm or reject a booking request from a prospective Visitor.
"Payment Method" means a payment method that you have added to your Mountain Guru Limited Account, such as a credit card, debit card or PayPal.
"Service Fees" means collectively the Visitor Fees and the Local Fees.
"Total Fees" means collectively the Booking Fees and the Visitor Fees plus any Taxes.
b. Bookings and Financial Terms for Locals
If you are a Local and a booking is requested for you via the Site, Application or Services, you will be required to either preapprove, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Visitor who has requested the booking, (ii) a link to the Visitor’s Mountain Guru Limited Account profile page, (iii) if the Visitor and Local have both connected their Mountain Guru Limited accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Visitor has provided other information to Mountain Guru Limited, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Mountain Guru Limited for the requested booking will be refunded to the applicable Visitor. When you confirm a booking requested by a Visitor, Mountain Guru Limited will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Mountain Guru Limited will collect the Total Fees from Visitors at the time of the booking request or upon the Local’s confirmation and will initiate payment of the Booking Fees (less applicable fees and taxes) to the Local in most cases within 48 hours of the scheduled Session time (except to the extent that a refund is due to the Visitor).
Each Local agrees that Mountain Guru Limited may, in accordance with the cancellation policy selected by the Local and reflected in the relevant Listing, (i) permit the Visitor to cancel the booking and (ii) refund to the Visitor that portion of the Booking Fees specified in the applicable cancellation policy.
c. Bookings and Financial Terms for Visitors
The Locals, not Mountain Guru Limited, are solely responsible for honouring any confirmed bookings and making themselves available as reserved through the Site, Application and Services. If you, as a Visitor, choose to enter into a transaction with a Local for the booking of a Session, you agree and understand that you will be required to enter into an agreement with the Local and you agree to accept any terms, conditions, rules and restrictions associated with such Session imposed by the Local. You acknowledge and agree that you, and not Mountain Guru Limited, will be responsible for performing the obligations of any such agreements, that Mountain Guru Limited is not a party to such agreements, and that, with the exception of Mountain Guru Limited’s obligations pursuant to the Payments Terms, Mountain Guru Limited (inclusive of any subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Visitor before the Visitor sends a booking request to a Local. As noted above, the Local is required to either preapprove, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. Upon receipt of your booking request, Mountain Guru Limited may initiate a pre-authorisation and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested booking is cancelled (i.e. not confirmed by the applicable Local), any amounts collected by Mountain Guru Limited will be refunded to such Visitor, depending on the selections the Visitor makes via the Site and Application, and any pre-authorisation of such Visitor’s Payment Method will be released, if applicable.
You as a Visitor agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your Mountain Guru Limited Account. Mountain Guru Limited will collect the Total Fees pursuant to Mountain Guru Limited’s terms.
Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking.
d. Service Fees and Other Fees
In consideration for the use of Mountain Guru Limited's online marketplace and platform, Mountain Guru Limited charges Service Fees. Mountain Guru Limited collects these Service Fees pursuant to Mountain Guru Limited’s terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Local Fees and Visitor Fees. Mountain Guru Limited deducts the Local Fees from the Accommodation Fees before remitting the balance to the Local as described in Mountain Guru Limited’s terms. Visitor Fees are, as noted above, included in the Total Fees.
More information on any such costs or deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.
e. General Booking and Financial Terms
Cancellations and Refunds
If, as a Visitor, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after commencing the Session, the cancellation policy of the Local contained in the applicable Profile will apply to such cancellation. Our ability to refund the Booking Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Visitor Fee is non-refundable regardless of the cancellation policy selected by the Local. Mountain Guru Limited will initiate any refunds due pursuant to Mountain Guru Limited’s terms.
If a Local cancels a confirmed booking made via the Site, Services, and Application, (i) Mountain Guru Limited will refund the Total Fees for such booking to the applicable Visitor pursuant to Mountain Guru Limited’s terms and (ii) the Visitor will receive an email or other communication from Mountain Guru Limited containing Profiles for alternative Locals and other related information. If the Visitor requests a booking from one of the alternative Locals and that alternative Local confirms the Visitor’s requested booking, then the Visitor agrees to pay Mountain Guru Limited the Total Fees relating to the confirmed booking with the alternative Local, in accordance with these Terms. If a Local cancelled a confirmed booking and you, as a Visitor, have not received an email or other communication from Mountain Guru Limited, please contact Mountain Guru Limited.
If, as a Local, you cancel a confirmed booking, you agree that Mountain Guru Limited may apply penalties or consequences to you or your Profile, including (i) publishing an automated review on your Profile indicating that a booking was cancelled, (ii) keeping the calendar on your Profile unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Mountain Guru Limited may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. Mountain Guru Limited may also determine, in its sole discretion, to refund to the Visitor part or all of the amounts charged to the Visitor in accordance with Mountain Guru Limited’s terms. You agree that Mountain Guru Limited and the relevant Visitor or Local will not have any liability for such cancellations or refunds.
Rounding Off
Mountain Guru Limited may, in its sole discretion, round up or round down amounts that are payable from or to Visitors or Locals to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Mountain Guru Limited will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Mountain Guru Limited may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Mountain Guru Limited to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Donations
Some Locals may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Local does in fact make the donation he or she pledged to make. In such cases, the Local in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Booking Modifications
You as a Visitor or Local are responsible for any modifications to a booking that you direct Mountain Guru Limited Customer Service to make ("Booking Modifications"), and you agree to pay any Accommodation Fees, Visitor Fees, Local Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
Taxes
Tax regulations may require us to collect appropriate tax information from our Locals, or to withhold taxes from payouts to Locals, or both.
You as a Local are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Local fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Local understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Mountain Guru Limited cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Local, Mountain Guru Limited may issue a valid VAT invoice to such Local.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where you are located or where the Session occurs may require Taxes to be collected from Visitors or Locals on the amount paid for the Session, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Booking Fees set by Locals, a set amount per day, or other variations.
Tax Collection and Remittance
In certain jurisdictions, Mountain Guru Limited may decide in its sole discretion to facilitate collection and remittance of taxes from or on behalf of Visitors or Locals, in accordance with your directions in these Terms ("Collection and Remittance") if such tax jurisdiction asserts Mountain Guru Limited or Locals have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Visitor or Local, in lieu of the Local collecting taxes from Visitors and remitting to the Tax Authority, you hereby instruct and authorise Mountain Guru Limited to collect taxes from Visitors on the Local’s behalf at the time Booking Fees are collected, and to remit such taxes to the Tax Authority. When Mountain Guru Limited facilitates Collection and Remittance of taxes in a jurisdiction for the first time, Mountain Guru Limited will provide notice to existing Locals with Profiles for ski resorts in such jurisdictions. When a new Profile is created in a jurisdiction where Mountain Guru Limited facilitates Collection and Remittance of taxes, the Local will be notified in the Profile creation flow.
The amount of taxes, if any, collected and remitted by Mountain Guru Limited will be visible to and separately stated to both Visitors and Locals on their respective transaction documents. Where Mountain Guru Limited is directly facilitating Collection and Remittance, Visitors and Locals agree that Locals are not permitted to attempt collection, or collect any taxes relating to their Profile on Mountain Guru Limited in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold Mountain Guru Limited and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to taxes, including, without limitation, the applicability of, calculation, collection or remittance of taxes in any amount or at all as to your transactions or Sessions. For any jurisdiction in which we facilitate Collection and Remittance, Locals and Visitors expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, bookings, Profile and taxes, including, but not limited to, personally identifiable information such as Local or Visitor’s name, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Visitors or allegedly due, contact information and similar information, to the relevant Tax Authority.
b. Opt-in to Local Remittance of Taxes
In other jurisdictions, Mountain Guru Limited may decide in its sole discretion to facilitate tax collection on behalf of Locals and Visitors in accordance with a Local’s direction to opt in to a specific tax line item in the booking process, in which the Local directs that taxes from Visitors be sent directly to the Local so that the Local will remit such taxes directly to Tax Authority ("Opt-in for Local Remittance"). In any jurisdiction in which we decide to facilitate Collection by Opt-in for Local Remittance, whether you are a Visitor or Local, you hereby instruct and authorise Mountain Guru Limited to send taxes received from Visitors at the time Booking Fees are collected to the Local who is obligated to send such taxes to the Tax Authority directly. If Mountain Guru Limited offers and a Local selects Opt-in for Local Remittance in any jurisdiction, Locals and Visitors remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Bookings and Sessions; you agree and understand that Mountain Guru Limited is not responsible for, and will not send any such taxes to the Tax Authority under Opt-in to Local Remittance of Taxes. You hereby agree that through third party payment processors, Mountain Guru Limited is merely processing Your election and direction to have taxes from Visitors sent directly to the Local for remittance by the Local to the Tax Authority, and that You will remit all amounts collected from Visitors as taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold Mountain Guru Limited and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to taxes, including, without limitation, the applicability of, calculation of, collection taxes in any amount or at all as to your transactions or Bookings or Sessions. For any jurisdiction in which we facilitate Opt-in for Local Remittance, Locals and Visitors expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Sessions and taxes, including, but not limited to, personally identifiable information such as Local or Visitor’s name, country of residence of Local, country of residence of Visitor, location of Session, transaction dates and amounts, tax identification number(s), the amount of taxes received by Locals from Visitors, or allegedly due, contact information and similar information, to the relevant Tax Authority.
c. Miscellaneous Occupancy Tax Provisions
Whether you are a Visitor or Local, you agree that any claim or cause of action relating to Mountain Guru Limited’s facilitation of Opt-in for Local Remittance or Collection and Remittance of taxes shall not extend to any supplier or vendor that may be used by Mountain Guru Limited in connection with facilitation of Opt-in Remittance or Collection and Remittance of taxes, if any. Visitors and Locals agree that we may seek additional amounts from You in the event that the taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for taxes collected is a refund of taxes collected by Mountain Guru Limited from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating) the collection or remittance of taxes by Collection and Remittance, Opt-in for Local Remittance or any other means or method, in your jurisdiction, Locals and Visitors remain solely responsible and liable for the collection and/or remittance of any and all taxes that may apply to Bookings or Sessions.
Locals and Visitors acknowledge and agree that in some jurisdictions, Mountain Guru Limited may decide not to facilitate collection or remittance of taxes or may not be able to facilitate the collection and/or remittance of taxes, and nothing contained in these Terms of Service is a representation or guarantee that Mountain Guru Limited will facilitate collection and/or remittance of tax anywhere at all, including in any specific jurisdiction, or that Mountain Guru Limited will continue to facilitate any collection or remittance of tax in any specific jurisdiction in which it may have been offered. Mountain Guru Limited reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Locals reasonable notice in any jurisdiction in which Mountain Guru Limited determines to cease any such facilitation.
11. Foreign Currency
Mountain Guru Limited’s online platform facilitates bookings between Visitors and Locals who may prefer to pay in a currency different from their destination currency, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Mountain Guru Limited platform allows users to view the price of Sessions in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
12. Injury or Loss as a Result of a Session
As a Visitor, you are entirely responsible for your own safety and wellbeing during your Session and in connection with your Session. You are entirely responsible for ensuring that you ski and snowboard within your limits. You acknowledge that in order to assist your Local in choosing appropriate areas to ski and snowboard, you must be clear and honest with your Local about your skiing or snowboarding ability.
You are personally responsible for exercising all reasonable care to ensure that you do not cause injury or loss to any other person(s) during your Session or in connection with your Session.
You acknowledge that mountains and ski resorts are inherently dangerous environments and that in most cases, the Locals that have Profiles on the Site or Application, have no formal training or qualifications in relation to mountain safety, mountain guiding, alpinism, skiing, snowboarding or any other related fields. You therefore acknowledge that the Locals cannot ensure your safety and wellbeing. You should think of the Local as a stranger and exercise the same degree of caution in your interactions with the Local as you would if you had met the Local on a bus.
You acknowledge that Mountain Guru Limited is unable to vet users of the Site or Application and is unable to verify the skill, ability, competence, qualifications, professionalism or suitability of any users of the Site or Application. You acknowledge that Mountain Guru Limited cannot and does not control the content contained in any Profiles.
As a Visitor, in the event that you or a third party suffer injury or loss, you agree and acknowledge that Mountain Guru Limited disclaims all liability to the maximum extent permitted by law. You agree that you cannot make Mountain Guru Limited liable.
As a Visitor, you acknowledge that you are responsible for determining whether or not you require insurance to protect you in the event that you or a third party suffers injury or loss.
As a Local, you acknowledge and agree that Mountain Guru Limited simply provides a platform to enable you to make contact with Visitors. You agree that Mountain Guru Limited has no control over any acts or omissions by you or any other users of the Site or Application.
In the event that you, a Visitor or a third party suffers injury or loss, you agree and acknowledge that Mountain Guru Limited disclaims all liability to the maximum extent permitted by law. You agree that you cannot make Mountain Guru Limited liable.
As a Local, you acknowledge that you are responsible for determining whether or not you require insurance to protect you in the event that you, a Visitor or a third party suffers injury or loss.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Application, Services, Products and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, 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, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
access or use our Site, Application, Services or the Mountain Guru Limited API to use, expose, or allow to be used or exposed, any Mountain Guru Limited Content: (i) that is not publicly displayed by Mountain Guru Limited in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Mountain Guru Limited Privacy Policy or terms; or (iii) in any way that otherwise violates the privacy rights or any other rights of Mountain Guru Limited’s users or any other third party;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Mountain Guru Limited endorsement, partnership or otherwise misleads others as to your affiliation with Mountain Guru Limited;
dilute, tarnish or otherwise harm the Mountain Guru Limited brand in any way, including through unauthorised use of Collective Content, registering and/or using Mountain Guru Limited or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Mountain Guru Limited domains, trademarks, taglines, promotional campaigns or Collective Content
copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of Mountain Guru Limited or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or 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 our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to skiing or snowboarding;
"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Mountain Guru Limited Visitor or Local;
register for more than one Mountain Guru Limited Account or register for a Mountain Guru Limited Account on behalf of an individual other than yourself;
contact another Member for any purpose other than asking a question related to a Booking, Session, Profile, or the Member's use of the Site, Application and Services;
recruit or otherwise solicit any Local, Visitor or other Member to join third-party services or websites that are competitive to Mountain Guru Limited, without Mountain Guru Limited’s prior written approval;
recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content to find a Local or Visitor and then complete a booking of a Session independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Mountain Guru Limited’s provision of the Services or for any other reasons;
as a Local, submit false or misleading information, including price information, or submit a Profile with a price that you do not intend to honour;
violate these Terms or Mountain Guru Limited’s then-current Policies and Community Guidelines or Standards;
engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Products, Site, Application, or 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 (directly or by omission or failure to update information) 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 our Site, Application or 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 the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Mountain Guru Limited's name, any Mountain Guru Limited trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Mountain Guru Limited's express written consent;
access, tamper with, or use non-public areas of the Site, Application or Services, Mountain Guru Limited's computer systems, or the technical delivery systems of Mountain Guru Limited's providers;
attempt to probe, scan, or test the vulnerability of any Mountain Guru Limited system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Mountain Guru Limited or any of Mountain Guru Limited's providers or any other third party (including another user) to protect the Site, Services, Application 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 Site, Services, Application 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 Site, Services, Application or Collective Content;
advocate, encourage, or assist any third party in doing any of the foregoing; or
accept or make a payment for Booking Fees or Sessions outside Mountain Guru Limited. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Mountain Guru Limited harmless from any liability for such payment.
Mountain Guru Limited has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Mountain Guru Limited may take a range of actions against you, including but not limited to deactivating or canceling your Profile or Mountain Guru Limited Account, for a violation of this Section or these Terms.
Mountain Guru Limited may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Mountain Guru Limited or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Mountain Guru Limited, its users, or members of the public. You acknowledge that Mountain Guru Limited has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Mountain Guru Limited reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Mountain Guru Limited, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Reporting Misconduct
If, through the Site or the Application, you come into contact with anyone who you feel 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 Mountain Guru Limited by contacting us with your police station and report number; 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.
Privacy
You agree that Mountain Guru Limited's Privacy Policy (as may be updated from time to time) governs Mountain Guru Limited's collection and use of your personal information.
Intellectual Property Ownership and Rights Notices
You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Mountain Guru Limited 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 Site, Application, Services, or Collective Content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Mountain Guru Limited Content are used for identification purposes only and may be the property of their respective owners. As a Local, Visitor, or Member, you understand and agree that you are bound by any additional Terms, Guidelines and Policies in relation to intellectual property that may apply to your use of the Site, Application, Services and Collective Content.
Additional Terms
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Mountain Guru Limited ("Referral Program"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Application License
Subject to your compliance with these Terms, Mountain Guru Limited grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Mountain Guru Limited reserves all rights in the Application not expressly granted to you by these Terms.
Mountain Guru Limited Content and Member Content License
Subject to your compliance with these Terms and Mountain Guru Limited's Trademark & Branding Guidelines, Mountain Guru Limited grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Mountain Guru Limited 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 Site, Application, 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 Mountain Guru Limited or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Mountain Guru Limited promotional campaigns, you hereby grant to Mountain Guru Limited a worldwide, irrevocable, perpetual (or for the term of the protection), 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, by means of or to promote or market the Site, Application and Services. Mountain Guru Limited 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 Site, Application, Services or through Mountain Guru Limited promotional campaigns. 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 Site, Application, Services or through Mountain Guru Limited promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Mountain Guru Limited 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 Mountain Guru Limited's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Mountain Guru Limited promotional campaigns 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.
Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Mountain Guru Limited 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 Mountain Guru Limited 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.
Some portions of the Mountain Guru Limited platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Mountain Guru Limited and you hereby irrevocably assign to Mountain Guru Limited and agree to irrevocably assign to Mountain Guru Limited 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, and waive any moral rights you may have in such Feedback. At Mountain Guru Limited's request and expense, you will execute documents and take such further acts as Mountain Guru Limited may reasonably request to assist Mountain Guru Limited to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Policy
Mountain Guru Limited respects copyright law and expects its users to do the same. It is Mountain Guru Limited's policy to terminate in appropriate circumstances the Mountain Guru Limited Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Mountain Guru Limited's Copyright Policy for further information.
Term and Termination, Suspension and Other Measures
Term
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Mountain Guru Limited terminate the Agreement as described below.
b. Termination for convenience
You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your Mountain Guru Limited Account as a Local, any confirmed bookings will be automatically cancelled and your Visitors will receive a full refund. If you cancel your Mountain Guru Limited Account as a Visitor, any confirmed booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Mountain Guru Limited may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
c. Termination for breach, suspension and other measures
Mountain Guru Limited may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Mountain Guru Limited Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Mountain Guru Limited believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Mountain Guru Limited or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Mountain Guru Limited may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your Mountain Guru Limited Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Mountain Guru Limited Account, or temporarily or permanently suspend your Mountain Guru Limited Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Locals or Visitors, or (ii) Mountain Guru Limited believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Mountain Guru Limited or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Mountain Guru Limited and an opportunity to resolve the issue to Mountain Guru Limited's reasonable satisfaction.
d. Consequences
If we take any of the measures described above we may (i) communicate to your Visitors or Locals that a pending or confirmed booking has been cancelled, (ii) refund your Visitors in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, (iii) support your Visitors, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed bookings that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Mountain Guru Limited Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Mountain Guru Limited Account has been suspended or this Agreement has been terminated by us, you may not register a new Mountain Guru Limited Account or attempt to access and use the Site, Application and Services through other Mountain Guru Limited Accounts.
e. Survival
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MOUNTAIN GURU LIMITED DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, VISITORS AND LOCALS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. YOU ALSO ACKNOWLEDGE AND AGREE THAT MOUNTAIN GURU LIMITED DOES NOT HAVE AN OBLIGATION TO CHECK OR VERIFY THE COMPETENCE, SKILL, ABILITY, QUALIFICATIONS, PROFESSIONALISM OR SUITABILITY IN RELATION TO MOUNTAIN SAFETY OR ALPINISM OF ANY MEMBER, INCLUDING BUT NOT LIMITED TO, VISITORS AND LOCALS, BUT MAY CONDUCT SUCH CHECKS OR VERIFICATIONS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A MEMBER OR GUARANTEE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE, OR WILL INDICATE WHETHER A MEMBER IS QUALIFIED, ABLE OR SUITABLE TO TAKE PART IN A SESSION.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MOUNTAIN GURU LIMITED 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. MOUNTAIN GURU LIMITED MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOUNTAIN GURU LIMITED MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PROFILES, BOOKINGS, SESSIONS, LOCALS, VISITORS, YOUR ACCRUAL OF MOUNTAIN GURU LIMITED CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MOUNTAIN GURU LIMITED 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 SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOCALS OR VISITORS. YOU UNDERSTAND THAT MOUNTAIN GURU LIMITED DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES, TO REVIEW OR MEET ANY MEMBERS OR TO REVIEW OR VISIT ANY MOUNTAINS. MOUNTAIN GURU LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, VISITORS AND LOCALS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY MOUNTAIN GURU LIMITED. MOUNTAIN GURU LIMITED EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY VISITOR OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR PROFILE OR BOOKING OF ANY SESSIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MOUNTAIN GURU LIMITED WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MOUNTAIN GURU LIMITED NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR PROFILE OR BOOKING OF ANY SESSIONS VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MOUNTAIN GURU LIMITED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE LOCALS PURSUANT TO THESE TERMS, IN NO EVENT WILL MOUNTAIN GURU LIMITED’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR PROFILE OR BOOKING OF ANY SESSIONS VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY BOOKING OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A VISITOR IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A LOCAL, THE AMOUNTS PAID BY MOUNTAIN GURU LIMITED TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED (100) POUNDS, IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOUNTAIN GURU LIMITED AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to release, defend, indemnify, and hold Mountain Guru Limited 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; (c) your (i) interaction with any Member, (ii) booking of a Session, or (iii) creation of a Profile; (d) the participation in a Session by you, 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 a Session or Booking; and (e) your participation in the Referral Program or your accrual of any Mountain Guru Limited Travel Credits.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorised by the laws of England and Wales, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. By using the Site, Application and Services, you represent and warrant that your use of the Site, Application and Services and your participation in any Session does not contravene the laws of England and Wales, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws.
You also will not use the Site, Application and Services for any purpose prohibited by the laws of England and Wales, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Mountain Guru Limited does not permit Profiles or Bookings associated with certain countries due to various embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
You acknowledge and agree that (i) these Terms are concluded between you and Mountain Guru Limited only, and not Apple, and (ii) Mountain Guru Limited, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.
As between Mountain Guru Limited and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mountain Guru Limited.
You and Mountain Guru Limited acknowledge that, as between Mountain Guru Limited and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Mountain Guru Limited acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Mountain Guru Limited and Apple, Mountain Guru Limited, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Mountain Guru Limited acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Entire Agreement
Except as they may be supplemented by additional Mountain Guru Limited policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Mountain Guru Limited and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Profiles or Bookings of Sessions made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mountain Guru Limited and you regarding Profiles or Bookings of Sessions, the Site, Application, Services, and Collective Content (excluding Payment Services).
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Mountain Guru Limited's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mountain Guru Limited 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 Mountain Guru Limited (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 and your use of the Services will be interpreted in accordance with the laws of England and Wales, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of the courts of England and Wales 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.
Dispute Resolution
If you reside in the jurisdiction of England and Wales, you and Mountain Guru Limited agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains 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. You acknowledge and agree that you and Mountain Guru Limited are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Mountain Guru Limited otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be London, England. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein
General
The failure of Mountain Guru Limited 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 authorised representative of Mountain Guru Limited. 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.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
Contacting Mountain Guru Limited
If you have any questions about these Terms or any App Store Sourced Application, please contact Mountain Guru Limited.
Outdoor Adventures
In Liptov Slovakia