Terms and conditions for a Kaktus Guru

PREAMBLE TO GENERAL TERMS AND CONDITIONS

The conditions set herein which may be updated from time to time are applicable to all our service provided online, directly or indirectly via mobile devices, email or phone. By accessing, browsing or using our (mobile) site, or any of our applications via any platform (hereinafter referred to collectively as the “platform“) and/or completing the booking, you thereby confirm and agree to be bound by the conditions stated below (including the declaration on personal data security) which you have read and understood.

These business conditions (hereinafter referred to as the “Terms and Conditions“) regulating the access to applications, websites, content, products and Services (hereinafter referred to as “Service“), or their usage by you as an individual from any state in the world, were provided by the private limited liability company, Kaktus Group s.r.o., (hereinafter referred to as “Kaktus“).

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS SET FORTH HEREIN PRIOR TO ACCESSING THE SERVICE OR USING THEM.

Your access to Service and its usage shall represent your approval of being bound with these Terms and Conditions, whereby a contractual relationship is constituted between you and the company Kaktus. In case you do not agree with these conditions, you may not have access to Service, nor use it. The company Kaktus may immediately terminate these Terms and Conditions or Service, or in general, discontinue and restrict provision of your access to the Service, or to any of its part for any reason.

Additional conditions may apply to certain type of Service, e.g. regulations for specific event, activity or promotional event, and such additional conditions shall be provided to you in relation to respective Service. Additional conditions shall represent an amendment and shall be deemed as part of the Terms and Conditions for the purposes of respective Service.  In case of an emerged conflict between them, the additional conditions shall prevail over the Terms and Conditions set herein with regard to the applicable Service.

The company Kaktus may regularly amend and supplement the Terms and Conditions concerning the Service. Any amendments and supplementations shall come into effectivity upon publishing of such amended Terms and Conditions by the company Kaktus on this platform, or after publishing the changed policies, or additional conditions on the applicable type of Service or Platform. By continuing having access to the Service thereof, or using such Service after its publishing, you confirm to be bound by the Terms and Conditions as amended.

Collecting and using of personal data regarding the Service shall be conducted in the manner specified in regulations on personal data security by the company Kaktus. Any necessary information (including your contact information) may be provided by the company Kaktus to the complaints administrator, or the insurance company in case of an emerged complaint, dispute, or the conflict which may also include indemnification concerning you and an independent provider if such information or data are necessary to resolve the respective complaint, dispute or the conflict.

Clause I.

Services

The Service represents a technological platform permitting the mobile application or website users of the company provided as part of the Service (each individually as an “application“) for arranging and planning the exploration trips of new places, or discovering appealing events with providers of such service (each individually as a “Kaktus Guru“) who are defined as independent third-parties including independent providers for exploration trips of the places, or for discovering appealing events being the third party based on the contract concluded with the company Kaktus.

Unless otherwise agreed with the company Kaktus in an independent written contract concluded with you as an individual, the   Service is provided exclusively for your personal, non-commercial usage. HEREBY YOU AGREE THAT THE COMPANY KAKTUS DOES NOT DIRECTLY PROVIDE THE SERVICE IN TERMS OF EXPLORING THE PLACES OR DISCOVERING APPEALING EVENTS, NOR DOES IT ACT AS A GUIDE OR PROVIDER OF GUIDED TOURS AND THAT ALL SUCH SERVICE OF EXPLORING THE PLACES IS PROVIDED BY INDEPENDENT CONTRACTORS WHO ACT AS THIRD-PARTIES AND WHO ARE NOT EMPLOYEES OF THE COMPANY KAKTUS, NOR OF ANY OF ITS ASSOCIATED COMPANIES.  

Clause II.

License

Providing you abide by the Terms and Conditions set forth herein, the company Kaktus shall grant you a restricted, non-exclusive, revocable, and non-portable license, which may not be provided further for the following:

-  access to applications and their usage exclusively on your personal device regarding your service usage and

- access to and usage of any content, information, and relating documents possibly provided via our Service for your personal, non-commercial usage.      

All rights which are not expressly granted pursuant to these Terms and Conditions are reserved by the company Kaktus and the providers of the Kaktus company license.

Clause III.

Restrictions

You shall not:

  • Remove any notifications on copyrights, trademarks or other property rights from any part of the service,
  • Reproduce, or alter service, produce derived products based on such service, distribute them, provide license to them, lend, sell or sell them to third-parties, transfer them, publicly display them, or present them in public, give them, promote them, nor streamline or use the service in any other way except for the cases expressly permitted by the company Kaktus,
  • Disintegrate, back-analyse, nor break down the Service, except for the cases when such conduct is permissible by valid legal provisions as amended,
  • Share the link, reflect or frame any part of the Service,
  • Administer, or run any programmes, or scripts for the purposes of hacking, indexing, analysing or another form of data obtaining from any part of the Service, or restrict unduly, and complicate the operation of, and/or complicate the functioning of any part of the Service,
  • Attempt to get an unauthorized access to, or harm any aspect of the Service, or related systems or networks,
  • Attack, harass or verbally attack other users by using pejorative language,
  • Publish inappropriate content – e.g. anarchist opinions, indecent symbols aimed at suppressing fundamental rights and freedoms, opinions against the freedom of religion, equality of race, sexual orientation, expression of hatred, promoting political movements or parties, sexual content and other indecent views,
  • Register under the fake identity, or use the data of another person without authorization,
  • Log into other users‘ accounts if you dispose of account data to grant you such access
  • Publish and send spam, or any other advertisements which are not part of promotional campaign of the company Kaktus
  • Use an IT device to attack applications and webs administered by the company Kaktus and attempt to negatively influence the operation of the whole system,
  • Kaktus Guru may in no way put the client’s life, health or property at risk, further, he/she must not expose the client to hazard or risk even with the client’s prior approval. The person providing the exploration trips may refuse the provision of Service in the area of a war conflict, or risky regions even when the client asks him to do so. The person providing the exploration trip may not lead the client to the unknown destinations, or the places where the client did not wish to go.  He may not lead the client against his will to hazardous spots, or spots which are directly threatening the client’s life, health or property.

In case of violation of the conditions herein the company is entitled to block the user’s access to all applications and webs it administers.  

Clause IV.

Intellectual property rights

  • Service and all rights thereto are and shall remain the property of the company Kaktus, or Kaktus license holders. No rights regarding the following shall be assigned or granted to you by accepting these Terms and Conditions, or by using the Service:
  • Rights to service or features relating to Service except for the restricted license stated above;
  • Rights to using or referring to trade name Kaktus, its logos, product names and service, trademarks or company service brands, or brands of the license holders.  

 

In order to use most Service features, it is necessary for you to register and keep your personal user Service account active, (hereinafter referred to as an “account“).  To do so, you must be at least 18 years old, or reach the age of legal adulthood in your jurisdiction (if different from the age 18). The registration of your account requires that you provide certain personal information to the company Kaktus, e.g. your name, email, age or photo.

Hereby you confirm that the information in your account shall be kept accurate, complete and updated. In case you do not maintain your information accurate, complete and updated including the information about the payment method which might become invalid or expire, you may lose your access to the Service and shall not be able to use it, thereby the company Kaktus shall terminate this contract with you.  You are responsible for all activities exercised in your account and you agree that you shall act in compliance with the security principles and confidentiality of your username and password. Unless approved by the company Kaktus in the written form, you may have only 1 account.

Clause V.

The user requirements and his/her conduct

The Service is not permitted to be used by persons below the age of 18 years. You must not give permission to third parties to use your account and you may not enable persons below the age of 18 years to accept any service from the providers who represent the third party unless they are not in your company. You must not assign, nor transfer your account in any way on any other natural person or legal entity. You agree that by using the Service you shall adhere to all valid legal regulations and shall use the Service only for legal purposes (e.g. not for exploring areas with prohibited trespassing or risky areas which YOU as a Kaktus Guru are not expressly permitted to enter). Using the Service you shall not cause any molestation, health injury, disturbing, discomfort, nor property damage to the provider who is the third-party, or to any other party. In certain circumstances you may be asked to provide evidence of your identity for accessing the Service or its usage, and you hereby agree that your access to the Service may be restricted if you refuse to comply therewith.

Clause VI.

The network access and devices

You are responsible for obtaining the access to data network necessary for the Service usage. Your data in mobile network and link-sharing may be subject to charges and fees in case you are accessing the Service or use it from the device with allowed wifi connection, which you are solely responsible for.  You are responsible for obtaining and updating a compatible hardware or devices necessary for accessing and using the Service and apps and also any required updating thereof. The Company does not guarantee that the Service, nor any of its part, shall operate on any specific hardware or a device. Apart from the aforementioned, the Service may be subject to improper functioning or delays related to internet usage and electronic communication (which is outside of the scope of the company’s liability).

Clause VII.

LIABILITY DISCLAIMER

THE SERVICE IS PROVIDED IN THE CURRENT AVAILABLE STATE, “AS IS“.  THE COMPANY KAKTUS DENIES ANY EXPRESS OR IMPLIED, OR STATUTORY CLAIMS AND WARRANTIES WHICH ARE NOT EXPLICITLY STATED IN THE TERMS AND CONDITIONS HEREIN, INCLUDING IMPLIED WARRANTIES OF MARKETABILITY, SUITABILITY FOR THE SPECIFIC PURPOSE AND NON-VIOLATION OF RIGHTS. ALSO, THE COMPANY KAKTUS DOES NOT MAKE ANY CLAIMS, OR WARRANTIES CONCERNING RELIABILITY, TIMELINESS, QUALITY, APPROPRIATENESS, OR AVAILABILITY OF SERVICE OR ANY SERVICES OR PRODUCTS REQUIRED BY USING THE SERVICE, AND DOES NOT GUARANTEE THAT RESPECTIVE SERVICE WILL NOT BE WITHOUT DISRUPTIONS OR FAULTS.  THE COMPANY KAKTUS DOES NOT EITHER GUARANTEE THE QUALITY, SUITABILITY, SECURITY, OR EXPERTISE OF PROVIDERS WHO ARE THIRD PARTIES. YOU HEREBY AGREE THAT ALL RISKS ARISING OUT OF YOUR USING THE SERVICE, AND ANY SERVICES OR PRODUCTS REQUIRED RELATING THEREOF, SHALL REMAIN SOLELY WITH YOU IN THE MAXIMUM EXTENT PERMITTED BY THE VALID LEGAL PROVISIONS.

Clause VIII.

LIMITED SCOPE OF LIABILITY

THE COMPANY KAKTUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIFIC, EXEMPLARY, OR CRIMINAL AND CONSEQUENTIAL DAMAGE INCLUDING THE LOSS OF PROFIT, DATA, BODILY HARM OR PROPERTY DAMAGE WITH REGARD TO THE SERVICE USING, OR OTHERWISE RESULTING FROM ITS USAGE, EVEN IN THE EVENT THE COMPANY WAS INFORMED ON THE POSSIBILITY OF ARISING THEREOF. THE COMPANY KAKTUS SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, OBLIGATIONS, OR LOSSES RESULTING FROM THE FOREGOING:

  • Your using or relying on the service, or your incapability to access the Service or use it,
  • Your transactions or relationship between you and any independent provider, even in the event when the company Kaktus was notified on the possibility of arising of such damages.

The Company Kaktus shall not be liable for any delay, or non-fulfilment resulting from the causes outside of the scope of its due control. You hereby confirm that the providers of the tours and exploring representing the third parties providing such type of service requested by certain symbols in the application may provide a group or friend-to-friend tour without having a professional license or permit.  In no event shall the aggregate liability of the Company Kaktus to you in terms of the service exceed the amount of 500 EUR for the incurred damages, losses and causes of conduct.

The Service of the company KAKTUS may be used upon request in order to plan exploring trips to places and to discover appealing events with independent providers; however, you acknowledge and agree that the company Kaktus has no obligation or liability to you regarding any type of the Service provided by independent providers outside of the scope expressly stated in the Terms and Conditions herein.

THE WARRANTY RESTRICTION AND DISCLAIMER HEREIN DOES NOT REPRESENT RESTRICTION OF LIABILITY, NOR DOES IT REGULATE YOUR RIGHTS AS A CONSUMER THAT MAY NOT BE DISCLAIMED UNDER THE VALID LEGAL PROVISIONS.

You agree that you will indemnify and hold the Kaktus company and its directors, employees and business representatives out of liability in case of all complaints, claims, losses, obligations and expenses (including the lawyer fees) related to:

- your usage of Service or services, or products obtained through your Service usage

- your violation of any of these Terms and Conditions 

- using your customer content of the Kaktus company

- your violation of the rights of any third party including the providers who are the third parties; or arising thereof

Clause IX.

Compensation

The price for your service shall be the price for at least 1 hour of exploring the places or discovering appealing events. The price shall be paid regardless of the fact whether the client has used it or not. Every following started hour will be counted in a similar way and for the same price, i.e. for 1 hour.

All payments within the application are made in EURO. Kaktus Guru's earned revenue is also deposited in EURO. In the application, Kaktus Guru can choose to show prices for his/her service as well as earned revenue in currencies other than EURO. Prices displayed in currencies other than EURO are calculated based on the current conversion rate. However, such display is only informative and does not indicate the actual amount of money Kaktus Guru has earned. In order to view the actual price of Kaktus Guru's service as well as the actual amount of earned money, Kaktus Guru must have EURO currency selected.

The company and the application provider are also making you aware that due to application usage and its operation, 30% from the whole amount obtained based on your provision of Service, shall be charged as a service fee for running the application.

If a Kaktus Guru chooses to provide explorings or tours for free, client can send him/her a tip via PayPal after it ends. The revenue earned during Free Tours isn’t a subject to the 30% service fee.

Clause X.

Intellectual property rights

Unless otherwise stated, the software necessary for (the operation of) our service, availability and usage by our platform, along with the intellectual property rights (including the copyright) of the content, information and documents (published) on our platform form the property of the company Kaktus.

Kaktus holds the exclusive ownership of all rights, claims, shares and capital interest (of all intellectual property rights, design and environment including the structure) of the platform which serves as the means of providing its service (including the guest reviews and the translated content), thus you have no right to make copies, conduct the web scraping, hypertextually or directly connect, publish, promote, commercially use, integrate, abuse, transform or use in any other way, the content (including the guest reviews and translated content) or our brand without our express written approval. Thereby, you are hereby withdrawing from, renouncing  and transferring all intellectual property rights for the benefit of Kaktus which relate to usage (absolute or partial), or transformation of our (translated) content (including the client feedback), or from any possession of intellectual rights of the platform and all (translated) content or guest feedback. Any unlawful usage or any above-stated conduct, or activities represent a gross offense to our intellectual property (including the copyright and copyright relating to the database).

Clause XI.

Governing law, arbitration

Unless otherwise stated in these conditions, these Terms and Conditions shall be governed exclusively by legal provisions of the Slovak Republic and shall be interpreted in conjunction with them, not allowing application of the regulations regarding the concurrence of legal norms. The Vienna Convention on Contracts for the International Sale of Goods shall not be invoked 1980 (CISG).  Any discord, conflict, claim or dispute in general relationship to the Service or to the conditions herein, or alternatively resulting therefrom, also including the provisions with regard to their validity, structure or enforceability (hereinafter referred to as the “dispute“), shall be submitted firstly to mediation pursuant to Act  No. 420/2004 Coll. of the Slovak Republic as amended. In case the respective dispute is not ruled out until sixty (60) days after filing the application for mediation under the stated regulations governing the mediation, such dispute shall be resolved exclusively by the final judicial means.  

Clause XII.

Refunds

Each client has the right to ask for the refund of service within the period of 24 hours from the completion of the tour or guiding that he/she has timely and duly paid for. During this period the financial means shall be retained on the account of the company Kaktus. If a client doesn't ask for a refund within the period of 24 hours from the completion of the tour or guiding, he/she loses a right to ask for refund. The company is entitled to evaluate the circumstances regarding the request for the refund by informing the Kaktus Guru in the course of maximum 72 hours from receiving the refund report and the Kaktus Guru will be asked to provide his account of the event. After Kaktus Guru’s feedback, the company will decide on admissibility of the refund. The company excludes any refunds in the events of force majeure, and cases when life, health or property of third persons are jeopardized.

If Kaktus Guru does not provide his account of the matter within 72 hours from the delivery of the request for his feedback, it will be deemed as if he had acknowledged his mistake and the money for the tour, or guiding shall be returned to the client. The client shall be thus refunded the whole amount of money for the tour or guiding. The costs related to payments and resolving of the refund will be borne by the administrator of the Kaktus application.

In case of the client’s complaint, the client undertakes to present possible chat or another form of communication stored outside of the (Kaktus) application between him/her and the party having provided the booked service.

In general, Kaktus Gurus are not entitled to any compensation if the tourist does not show up for the scheduled meeting due to whatever reason.

Clause XIII.

Payouts

The standard payout period is Net 15. Monthly payouts will be distributed 15 days from the end of the month in EURO currency. Kaktus Guru will receive a hyperlink (link) from TransferWise service on his/her email used during registration to transfer money to his/her bank account. For example, revenue earned during the month of April would be paid out on or after May 15th. Kaktus Guru has 7 days from the time he/she receives this email to withdraw the earned revenue. After 7 days this link will become invalid. If a Kaktus Guru wants to withdraw the money after this period, he/she has to contact our support center.

Final Provisions

  1. These Terms and conditions come into force and effectivity as of the day of their publishing. The matters which are not regulated by the Terms and conditions herein are affected by applicable provisions of the Civil Code; in case the User is not a consumer, the matters which are not regulated by these Terms and Conditions, shall be affected by respective provisions of the Commercial Code.
  2. The Controller has the right to alter, innovate, or otherwise modify Services without prior notification of the Users, as well as without their permission in case such modification does not violate the rights of Users to paid Services.
  3. The Controller reserves the right to amend these Terms and conditions if such amendments are required by necessary Service modifications, changes of factual state, legal provisions, technical resources of the Controller, or by other circumstances resulting from the Controller´s needs. In case the Terms and Conditions are amended, the User shall be informed about the current wording thereof and provided with the link to the full text of such Terms and Conditions.  The User is also entitled to be informed about the current version of the Terms and Conditions on the website of the Controller. In case the User does not agree with the amendments thereof, he has the right to discontinue using the Services of Controller. If the User continues using the Service, it follows that the User has agreed with them.
  4. The User is obliged to abide by the legal standards of the state he/she resides in, along with the legal provisions of the Slovak Republic. In case of violating legal standards or obligations specified herein, the Controller may provide in accordance with law all available information regarding the Users (including personal data of the User) to legally competent authorities.
  5. These Terms and Conditions are applicable to all applications administered by the company Kaktus Group s.r.o.