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You can request a copy of the Website Terms and Conditions, ask a question, make a complaint, request a refund or speak to a real person by contacting Ongosa Customer Services at: 

Call us on + 44 (0) 203 176 7063

Email us at talktous@ongosa.com 

Write to us: Customer Services, Ongosa Ltd, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ

ONGOSA LIMITED: WEBSITE TERMS AND CONDITIONS 

THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH ONGOSA LIMITED (“ONGOSA”, “US”, “WE”) PROVIDES YOU WITH ACCESS TO AND USE OF THE SERVICES LOCATED AT WWW.ONGOSA.COM (“WEBSITE”). 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE SERVICES OFFERED BY US.

[IF YOU ARE USING THE SERVICES ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF THEY WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER.]  

YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.

THESE TERMS MAY BE SUBJECT TO CHANGE, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS FROM TIME TO TIME AND BEFORE REGISTERING WITH THE WEBSITE.

 

The General Conditions under Section A shall be applicable to all Non Registered Users and Registered Users of the Website and/or the Services. 

If you are a Buyer, Section B set out herein shall apply in addition to the General Conditions.

If you are an Professional, Section C set out herein shall apply in addition to the General Conditions.

 

IMPORTANT NOTICE: As a Buyer of the Website You will enter into a contract directly with a Professional for the provision of the Professional Services listed on the Website. Ongosa is not a party to that contract, and Buyers and Professionals will be separately responsible and liable to one another under the terms of that contract. 

 

SECTION A: GENERAL CONDITIONS

 

1.    DEFINITIONS

 

The following words and expressions shall have the following meanings:

 

“Account” means the account which you set up when you register your details on the Website;

“Advert” means the creation of an advert detailing the Professional Services made available for purchase on the Website;

“Advert Information” means the information provided in relation to an Advert, which includes, without limitation, an accurate description of the Professional Services and a link to the Professional Terms;

“Booking” means scheduling the provision of Professional Services with a Professional via the Website;

“Booking Request” means a request from a Buyer to schedule a Booking which is made by clicking on the “Request a Booking” link on the relevant Advert;

“Buyer” means a person or business registered with Ongosa and having access to all or part of the Services, which are more particularly described on the Website;

"Content" means all information (in all current and future formats) created by Users, submitted to and/or published by Ongosa on the Website including, without limitation, messages, profiles and ratings;

“Contract” means the contract between Ongosa and You in respect of the relevant and applicable Services and which incorporates these Terms;

“Professional” means a person or business registered with Ongosa and offering to supply Professional Services to Buyers on the Website;

“Professional Fees” means the fees payable by a Professional to Ongosa for each Booking made via the Website as set out on the Website from time to time;

“Professional Services” means the adventure sports services made available for purchase on the Website by a Professional;

 “Professional Terms” means the terms and conditions of the Professional for the supply of the Professional’s Services made available on the Website;

“Intellectual Property Rights” means all intellectual property rights including without limitation, patents, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world; 

“Login Details” means the usernames and passwords used by you to access certain functionalities of the Website;

“Network” means the electronic communications network used by Us to provide the Services;

“Non Registered User” means a person or business who is not a Buyer or Professional and to whom Ongosa has granted access to view and Use the Website and Use certain features and functionalities of the Services as described on the Website; 

“Price” means the amount payable for the Professional Services quoted on the Website from time to time;

“Privacy Statement” means such policy in relation to data protection and privacy as is displayed on the Website from time to time;

"Profile" means information, including without limitation, the name, address and company details (where applicable) relating to the Buyer or Professional (which may or may not be fully accessible by other Users) held by Ongosa and published on the Website; 

“Purpose” means to copy, display, distribute, sub-licence, host, retain for archiving purposes, publish for Ongosa’s own business purposes, including but not limited to purposes in respect of the Services and/or the Website;

“Registered User” means a Buyer or Professional with an Account;

“Services” means the services made available by Ongosa to Users through the Website; 

"Use" means having access to the relevant and accessible Services and “Using” shall be construed accordingly; 

“User” means both Registered Users and Non-Registered Users of the Website;

“You”, “you”, “Your”, “your” means where applicable, the Non Registered User, the Registered User, the Buyer or the Professional.

 

2.    INFORMATION ABOUT ONGOSA

2.1    This Website (and its domain name) is owned and managed by Ongosa Limtied and/or its licensors.

2.2    Ongosa Limited is registered in England and Wales under company number 09297585 and with our registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.  

2.3    The Website is an online marketplace offering Buyers the opportunity to make Bookings with Professionals for certain adventure sports. You can access the Website either as a Non Registered User or Registered User.

2.4    Ongosa may be contacted at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ or by email at TalkToUs@ongosa.com

 

3.    REGISTRATION AND ACCESS TO THE SERVICE

3.1    You must be:

3.1.1    where you are an individual, eighteen (18) years old or over;

3.1.2    legally capable of entering into binding contracts; and

3.1.3    not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms, to Use the Website.

3.2    You may at our sole discretion, access certain features and elements of the functionalities of the Services as a Non Registered User.

3.3    In the event you wish to access additional features and functionalities of the Services, you shall be required to become a Registered User.

3.4    By Using the Website and/or the Services, you warrant that you have the right, authority and capacity, in respect of your status as a Non Registered User or Registered User, to enter into and be bound by these Terms.

 

4.    FORMATION OF THE CONTRACT BETWEEN YOU AND ONGOSA 

4.1    The date for the commencement of your Contract with Us shall be determined as follows:

4.1.1    if you are a Non Registered User, then upon your first use of the Website; or

4.1.2    if you are a Registered User, then upon the registration of your details with Us; and such Contract shall be effective and in force until terminated by either party in accordance with clause 12, 21 or 27 hereunder.

4.2    Notwithstanding the foregoing, we reserve the right at our sole and absolute discretion and for any reason whatsoever to:

4.2.1    accept or reject your application as a Registered User; and/or

4.2.2    refuse you access to the Website and/or Services or part thereof.

 

5.    REGISTRATION

5.1    In order to offer Professional Services or make Bookings on the Website you will need to set up an Account as a Registered User.

5.2    By registering your details and setting up an Account you consent to Ongosa conducting verification and security procedures in respect of the information provided by you online.

5.3    You hereby warrant that the information provided by you to Ongosa is true, accurate and correct. You further warrant that you shall promptly notify Ongosa in the event of any changes to such information.

5.4    Subject to section B and C below, where your registration as a Registered User accepted, we will provide you with Login Details to access certain features and functionalities of the Services. You shall keep your Login Details confidential and secure. Without prejudice to Ongosa’s other rights and remedies, we reserve the right to promptly disable your Login Details and suspend your access to the Services (in part or in whole) in accordance with clause 12 if we have reason to believe that you have breached this clause 5.4.

 

6.    OUR OBLIGATIONS TO YOU

6.1    Our ability to provide the Services and the availability of the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system and the number of other Users logging onto the Website, server and Network at the same time.

6.2    Ongosa relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Website and the content therein and the Services available to you. Whilst Ongosa takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that Ongosa does not warrant that the Website shall be uninterrupted or fault-free at all times. Ongosa therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and Website as a result of Ongosa’s service providers.

6.3    Ongosa reserves the right to make changes to the Services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Services.

6.4    Ongosa shall be entitled at its own discretion to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website, including but not limited to preventing you from selling or purchasing any Professional Services, or using any of the Services available on the Website. 

6.5    Ongosa also reserves the right from time to time to monitor your Use of the Website and/or Services.

 

7.    YOUR OBLIGATIONS TO US

7.1    You are entitled to, subject to the terms herein, upgrade from Non Registered User status to Registered User at any time during the term of your Contract.

7.2    You shall comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations.

7.3    You hereby warrant and undertake to us that you have the legal capacity to enter into these Terms and You shall at all times:

7.3.1    not use your Login Details with the intent of impersonating another person;

7.3.2    not allow any other person to use your Login Details;

7.3.3    not use the information presented on or obtained using the Website or derived from the Services for any purposes other than those expressly set out in these Terms;

7.3.4    not do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the Network;

7.3.5    comply with instructions issued by Ongosa (or its employees or representatives) from time to time relating to the Website and/or Services;

7.3.6    co-operate with reasonable security or other checks or requests for information made by Ongosa from time to time;

7.3.7    not use the Website and/or Services and shall not do anything that will infringe any Intellectual Property Rights or other rights of any third parties, including without limitation, posting any information (in any format) on the Website which may be deemed to be obscene, defamatory, libellous or slanderous, or which may cause injury to, invade the privacy of or otherwise violate other rights of any person;

7.3.8    not use any information obtained using the Website and/or the Services otherwise than in accordance with these Terms;

7.3.9    contact our customer services immediately by contacting us via email at TalkToUs@ongosa.com or by telephone on +44 (0) 203 290 0643.  If you suspect fraudulent, unlawful or illegal use of the Website and/or the Services;

7.3.10    notify Ongosa immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed; 

7.3.11    use the information retrieved from the Services and/or the Website at your own risk and that you shall be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches in any applicable laws and legislations; 

7.3.12    not do anything which involves the transmission of junk mail, chain letters, unsolicited mass mailing, instant massaging, “spimming” or “spamming”; and

7.3.13    comply with all applicable laws, regulations and legislations in respect of your Use of the Website and/or the Services.

7.4    For the avoidance of doubt, as a User, you shall at all times be fully liable for the breach of any of these Terms by a third party using your Login Details to access the Services.

7.5    Ongosa reserves the right, at its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the terms set out in this clause 7. 

 

8.    USER SUBMITTED CONTENT

8.1    Where you Use the Website and/or Services as a User, you undertake not to submit Content of whatsoever nature on the Website which is or may be construed to:

8.1.1    promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

8.1.2    harass or advocate harassment of another person;

8.1.3    display pornographic or sexually explicit material of any kind;

8.1.4    promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

8.1.5    promote any illegal activities including but not limited to violating someone else’s privacy or providing or creating computer viruses; 

8.1.6    infringe the rights (including the intellectual property rights) of any third party; and

8.1.7    solicit a password or any other personally identifying information from other Users of the Website and/or Services for unlawful and illegal purposes.

8.2    Ongosa has the sole and absolute discretion to modify, edit, vary, or re-format the Contents on its Website.

8.3    You hereby warrant and undertake to us that you will contact Ongosa at TalkToUs@ongosa.com immediately if you consider any Content submitted by another User to breach any of the Terms herein.

8.4    If you feel that any Content submitted by another User is objectionable, please contact Ongosa at TalkToUs@ongosa.com. Ongosa shall use its reasonable endeavours to review the relevant Content as soon as it is practicable and shall take such action as it deems necessary, if any at all.

 

9.    INTERACTIONS WITH OTHER USERS

9.1    The Website is designed solely to connect Buyers with Professionals and permit Buyers to enquire about and/or make Bookings. 

9.2    You acknowledge and agree that we only provide you with the Services and the Website. You understand that we are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between Buyers and Professionals.

9.3    Consequently, you acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Registered Users.

9.4    We recommend that you take all reasonable care when arranging any meeting or otherwise with any other Registered User.

9.5    You acknowledge that We do not have any control of and therefore can not reasonably accept any liability in respect of the behaviour, response or actions of any Registered Users.  We make no representations and assume no responsibility for any Registered Users or their health, state of mind, emotions, physical condition or any other factors relevant to their participation in a Booking. Also, We are not able to vet, verify the accuracy, correctness and completeness, monitor, edit or modify any Registered User profiles. Consequently, all such Registered User information and content available on the Website is provided to You “as is” and You agree that any use made of such content shall be strictly at Your own risk. We recommend that You do not rely solely on such information in making or refraining from making a decision or to embark on a specific course of action.

9.6    We do not guarantee or warrant that You will receive enquiries, responses or otherwise generate business as a result of the Website, or achieve any result whatsoever through Your use of the Website.

9.7    You acknowledge and agree that You are solely responsible for all communication with, and any subsequent dealings with, other Registered Users. 

 

10.    INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS

10.1    Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Ongosa to You, any Intellectual Property Rights owned by and/or licensed to Ongosa and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Ongosa and/or its licensors.

10.2    Unless otherwise expressly set out to the contrary, all Intellectual Property Rights in the Content shall remain exclusively with You and/or Your licensors. 

10.3    You are expressly prohibited from:

10.3.1    reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website;

10.3.2    removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to Ongosa; and                                     

10.3.3    doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website and/or Service or could be considered an infringement of any of the Intellectual Property Rights owned and/or licensed to Ongosa without first obtaining the written permission of the owner of such Intellectual Property Rights.

10.4    You warrant and represent that you own or are licensed to use any and all patents, trade marks (whether registerable or non-registerable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights in all the Content that you submit to the Website as part of your use of the Services. 

 

11.    LICENCE

11.1    Subject to these Terms, you hereby grant Ongosa a non-exclusive, perpetual, non-terminable, transferable, sub-licensable and royalty-free licence to: 

11.1.1    use the Intellectual Property Rights owned by and/or licensed to you in the Content for the Purpose; and

11.1.2    at its sole discretion, choose to display or to remove any Content or any part of the same that you make available on the Website.

11.2    You hereby unconditionally and irrevocably waive all moral rights attaching to the Content pursuant to Chapter IV of Part I of the Copyright, Design and Patents Act 1988 and any similar or corresponding rights.

11.3    You hereby agree that Ongosa may: 

11.3.1    upon obtaining prior consent from You (such consent not to be unreasonably withheld), refer to You in any of its marketing material as a customer of Ongosa and refer to the type of services that Ongosa has provided to You; and

11.3.2    use any of your trademarks and/or logos in Ongosa marketing and publicity materials for its publicity and marketing purposes. 

11.4    You hereby indemnify and shall keep Ongosa indemnified against all losses, liabilities, costs and expenses (including without limitation legal costs) suffered or incurred by Ongosa arising from or in connection with any infringement of any third party Intellectual Property Rights arising out of or in connection with Ongosa’s use and/or possession of the Content for the Purpose. 

 

12.    TERM AND TERMINATION 

12.1    Subject to clause 12.2 and 12.3 and unless otherwise expressly set out to the contrary in these Terms, our Contract with you shall remain in force:

12.1.1    where you are a Non Registered User, for the duration in which you Use the Website; or

12.1.2    where you are a Registered User, for the duration of your registration with us.

12.2    Ongosa may terminate your Contract at any time and for any reason on the provision of no less than fourteen (14) days written or e-mail notice to you. 

12.3    Ongosa reserves the right to suspend and/or terminate your access to the Website and/or the Services immediately on notice if:

12.3.1    the Network owner ceases to make the Network available to Us;

12.3.2    We believe that You and/or someone using your Login Details has failed to comply with one or more of these Terms;

12.3.3    We believe that there has been fraudulent use, misuse or abuse of the Website and/or the Service, including any breach of clause 7.3 and/or 8.1; or

12.3.4    We believe that you have provided us with false, inaccurate or misleading information in respect of your registration and/or Use of the Website and/or the Service.

12.4    For the avoidance of doubt, if your Services have been terminated by Us in accordance with these Terms, your access to the Services (in whole or in part) as a User shall cease.

12.5    Upon the termination of your Contract for any reason and subject to payment of an additional fee, we shall provide you with such access to the Website for a period of 30 days from the termination of the Contract to enable you to retrieve any of your Content stored on the Website. On the expiry of the aforementioned period, you will no longer have access to the Content and we reserve the right to delete or destroy any such Content in our possession and/or stored on the Website.

 

13.    DISCLAIMER

13.1    The Website may include facts, views, opinions, advice and recommendations from other Users which may or may not be endorsed by Ongosa and Ongosa shall to the maximum extent permitted by law exclude all liability in respect of the reliability, legality, legitimacy, accuracy, correctness, defamatory nature, completeness, timeliness or otherwise of all information published or made available to you on the Website and/or the Services.

13.2    All information published on the Website and/or made available through the Services including without limitation the Content, is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the information made available on the Website and/or through your use of the Service shall be at your own risk and Ongosa shall not be liable whatsoever for any damages and/or loss which you may incur as a result of or in connection with your use and reliance of such information and /or Content.

13.3    Commentary and other materials posted on the Website or provided by Ongosa are not intended to amount to advice on which reliance should be placed. Ongosa therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the Website, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by Ongosa shall remain solely with you.

 

14.    EXCLUSION OF WARRANTIES AND LIABILITIES

14.1    Unless expressly provided to the contrary in these Terms and to the maximum extent permitted by law, Ongosa excludes all representations, warranties, obligations and liabilities in connection with the information provided through the use of the Service and/or the Website, including but not limited to warranties of satisfactory quality, non-accuracy, completeness, reliability, fitness for a particular purpose or otherwise.

14.2    Subject to clauses 14.9 and 14.10, if Ongosa fails to comply with these Terms, Ongosa shall be entitled to be given reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. 

14.3    Ongosa does not verify and does not have any control in respect of any Content submitted to the Website, or other information made available to you through your use of the Services and/or the Website. Consequently, Ongosa does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any Content or any other information made available to you through your use of the Website and/or Services. Ongosa advises you not to rely on it to assist in making or refraining from making a decision, or to assist in deciding on a course or specific cause of action. If you so intend to use and/or rely upon any Content, or any other information made available to you through your use of the Website and/or Services, you do so at your own risk and liability. 

14.4    In the event that a claim or action is brought against Ongosa in connection with or arising from your activities or Use of the Services and/or the Website, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend Ongosa in such a claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow Ongosa to assume the exclusive defence and control of such matter. 

14.5    Links to third party websites may from time to time appear on the Website. Such third party websites are not the responsibility of Ongosa and Ongosa accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them. 

 

Our liability if you are a personal User 

14.6    If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms and such amount that we may pay to you for such loss or damage you suffer under or arising out of your Contract shall be limited in the aggregate to five hundred pounds (£500.00). 

14.7    We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. 

14.8    In the event that you have a claim or right of action against any other User arising from their Use of the Service, you agree to pursue such a claim or action independently of and without any demands from Ongosa, and you fully and completely release Ongosa from all claims, liability and damages arising from or in any way connected to such claim or action. 

14.9    We do not exclude or limit in any way our liability for:

14.9.1    death or personal injury caused by our negligence;

14.9.2    fraud or fraudulent misrepresentation;

14.9.3    breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

14.9.4    breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).

 

Our liability if you are a professional User  

14.10    Nothing in these Terms limits or excludes our liability for:

14.10.1    death or personal injury caused by our negligence;

14.10.2    fraud or fraudulent misrepresentation; and

14.10.3    any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982.

14.11    Subject to clause 14.10, Ongosa’s maximum liability to you under, arising from or in connection with your Contract, whether arising in contract, tort (including negligence) or otherwise, shall not exceed in aggregate five hundred pounds (£500.00).

14.12    Subject to clause 14.10, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

14.12.1    any loss of profits, sales, business, or revenue;

14.12.2    loss or corruption of data, information or software;

14.12.3    loss of business opportunity;

14.12.4    loss of anticipated savings;

14.12.5    loss of goodwill; or

14.12.6    any indirect or consequential loss

howsoever arising, and including, without limitation, any loss in respect of which you have notified Ongosa may be incurred. 

 

15.    PRIVACY STATEMENT

We enforce a strict privacy policy, terms of the Privacy Statement form part of these Terms and you agree to be bound by them.

 

16.    FORCE MAJEURE 

16.1    Ongosa shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).

16.2    A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Ongosa’s reasonable control and includes in particular (without limitation) the following:

16.2.1    strikes, lock-outs or other industrial action;

16.2.2    civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

16.2.3    fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

16.2.4    impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

16.2.5    impossibility of the use of public or private telecommunications networks; and 

16.2.6    the acts, decrees, legislation, regulations or restrictions of any government.

16.3    Ongosa’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Ongosa shall have an extension of time for performance for the duration of that period. Ongosa will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.

 

17.    DISPUTES AND COMPLAINTS

17.1    In the event that you have a dispute with another User, you hereby release Ongosa from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute. 

17.2    If you have any complaints in relation to another User, we would advise in the first instance to discuss this with that User. In the event that such discussions do not result in a resolution to the complaint, you may contact Ongosa at TalkToUs@ongosa.com. Ongosa will use its reasonable endeavours to respond to any such complaints within a reasonable time, and take reasonable action which We deem appropriate to resolve or rectify the subject matter of such complaints.

17.3    If you have reason to believe that any of the terms herein have been breached or you have a complaint to make in relation to the Website, please e-mail Ongosa at: TalkToUs@ongosa.com or write to: 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. All notification and communication to Ongosa should be sent to the contact details provided herein.

 

18.    GENERAL

18.1    If Ongosa fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.

18.2    A waiver by Ongosa of any default shall not constitute a waiver of any subsequent default.

18.3    No waiver by Ongosa of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

18.4    For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.

18.5    No delay in exercising or non-exercise by you and/or Ongosa of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Ongosa’s rights. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

18.6    Ongosa reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.

18.7    If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

18.8    These Terms and any document expressly referred to in them represent the entire agreement between you and Ongosa in respect of your use of the Website, and shall supersede any prior agreement, understanding or arrangement between you and Ongosa, whether oral or in writing.

18.9    You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and Ongosa except as expressly set out in these Terms.

18.10    Ongosa may alter or amend these Terms by giving reasonable notice on the Website or in writing to you (including via email). By continuing to Use the Services and/or the Website after expiry of the notice period, you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your agreement with Ongosa, you may do so by giving Ongosa notice of termination, with such termination to take effect on the date upon which the amended terms and conditions would otherwise have come into effect. 

18.11    These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you are a consumer and live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

18.12    These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services. 

 

SECTION B: BUYERS ADDITIONAL CONDITIONS

 

This Section B shall apply to you if you are a Buyer. You are a Buyer if we accept your registration as a Buyer, as set out below.

 

19.    REGISTERING AS A BUYER 

19.1    In order to make Bookings you will need to register with the Website as a Buyer. To register as a Buyer, you will need to complete and submit an online registration form on the Website. Upon the completion and submission of the online registration form, you shall be sent an email (“Registration Email”) to the email address you provided on the registration form. This Registration Email will contain your Account password. Your Account will not be accessible until you have received the Registration Email with your Account password.

 

20.    MAKING A BOOKING 

20.1    You acknowledge and agree that when you make a Booking with a Professional through the Website, you will enter into a contract directly with the Professional for the provision of the Professional Services. Ongosa is not a party to that contract, and Buyers and Professionals will be separately responsible and liable to one another under the terms of that contract.

20.2    You acknowledge and agree that when making a Booking with a Professional, You have read and understood the description of the Professional Services provided by the Professional in the Advert Information and have accepted the Professional Terms. Ongosa does not vet or verify the accuracy of the description of the Professional Services, the Advert Information or the Professional Terms and you enter into a contract for the supply of those Professional Services at your own risk.

20.3    In the event that the Professional has permitted “live” Bookings for immediate confirmation through the Website, your Booking will be deemed accepted when you place a Booking and pay the Price. 

20.4    In the event that the Professional has only permitted a “Booking Request”, this means that they have are unable to immediately confirm their availability for the Booking. Your Booking will be only deemed accepted when you make a Booking Request, pay the Price and the Professional confirms within 24 hours of such payment that they are available to provide the Professional Services.

20.5    In the event that the Professional is unable to confirm their availability in accordance with clause 20.4, you will give Ongosa a reasonable opportunity to locate an alternative Professional who is able to provide the Professional Services. If Ongosa is unable to find an alternative Professional within a period of fourteen (14) days, you will be refunded the Price. 

20.6    Ongosa uses third party payment handlers to process your payment. By making Bookings on the Website you agree that you have given Ongosa permission to do so.

20.7    You shall ensure you have adequate travel insurance in place to cover your participation in any Professional Services. 

20.8    You may, upon the provision of [90] days written notice to Ongosa and the Professional, transfer the Booking to another Buyer provided that Buyer satisfies all the conditions applicable to the package. 

 

21.    TERMINATION

21.1    You may terminate your Contract without cause on the provision of not less than 30 days written notice to us.  In such event:

21.1.1    you shall cease all use of the Website on or before the date of termination;

21.1.2    all rights granted to you hereunder shall cease on the date of termination; and

21.1.3    we shall delete your content from the Website on the date of termination or when reasonably practicable thereafter,

 

but you acknowledge that termination of your Contract shall not affect any Bookings made by you through the Website. 

 

 

SECTION C: PROFESSIONALS ADDITIONAL CONDITIONS

 

This Section C shall apply to you if you are an Professional.   You are a Professional if we accept your registration as a Professional, as set out below.

 

22.    REGISTERING AS A PROFESSIONAL

22.1    In order to offer Professional Services on the Website you will need to set up an Account as a Professional. To set up an Account as a Professional, you will need to complete and submit a registration form to Ongosa which includes, without limitation, details of your qualifications, experience and Professional Terms (“Professional Registration Form”).

22.2    Upon the submission of the Professional Registration Form, Ongosa will inform you within fourteen (14) days whether your registration has been successful. In the event that your registration is successful, you shall be sent an email (“Registration Email”) to the email address you provided on the registration form. This Registration Email will contain your Account password. Your Account will not be accessible until you have received the Registration Email with your Account password.

 

23.    ADVERTS

23.1    Once you have successfully registered as a Professional you may place Adverts on the Website. You shall ensure the accuracy and completeness of all Advert Information and that it complies with the Advert Information guidelines available on the Website, as updated by Us from time to time (“Guidelines”). 

23.2    All Advert Information uploaded onto the Website by you shall be in the format required by us and shall:

23.2.1    relate strictly and solely to the Professional Services you wish to advertise, which shall all be services connected with adventure sports and similar activities;

23.2.2    be accurate and complete;

23.2.3    comply with our formatting requirements and Guidelines;

23.2.4    not include any contact details (e.g. e-mail addresses, contact numbers, social media links etc), 

 

and we reserve the right to edit and/or remove any Advert Information at any time where we believe it is in breach of this clause 23.2.  

 

24.    BOOKINGS AND PROFESSIONAL TERMS

24.1    You acknowledge and agree that when a Buyer makes a Booking with you through the Website, you will enter into a contract directly with the Buyer for the provision of your Professional Services. Ongosa is not a party to that contract, and Buyers and Professionals will be separately responsible and liable to one another under the terms of that contract.

24.2    You are responsible for ensuring that a Buyer has been notified of and has accepted your Professional Terms prior to placing any Booking.

24.3    You must ensure that at all times the Professional Terms comply:

24.3.1    in all respects with all applicable laws and regulations in force from time to time, including but not limited to the Package Travel, Package Holidays and Package Tours Regulations 1992;

24.3.2    with the Ongosa cancellation and refund requirements as set out on the  Website. 

24.4    You may decide whether Bookings are made “live” and confirmed immediately or whether you require a Booking Request prior to confirming. In the event Bookings are live on the Website and can be confirmed immediately, your Booking will be deemed accepted when the Buyer makes a Booking and pays the Price. 

24.5    In the event that you are not able to immediately confirm a Booking, you will be contacted by Ongosa to confirm whether you are able to accept the Booking Request. You must confirm to the Buyer whether you are available to accept the Booking Request within 24 hours of being contacted.

24.6    In the event that you do not provide confirmation in accordance with clause 24.3, Ongosa reserves the right to offer the Booking Request to an alternative Professional who is able to provide the Professional Services. 

24.7    Ongosa uses third party payment handlers to process any payment made through the Website. By offering to supply a Buyer with Professional Services on the Website you agree that you have given Ongosa permission to do so.

24.8    Prior to the provision of the Professional Services, you will provide to a Buyer in writing your contact details, details of any stop overs or connections and details of the accommodation in which they will be staying.  

 

25.    PRICE AND PAYMENT

25.1    The Price for the Professional Services advertised on the Website shall be no higher than the price for the same services advertised on any other website through which you are supplying the Professional Services.

25.2    All payments from Buyers made through the Website shall be made directly to Ongosa and you hereby confirm that Ongosa may act as your agent for the purposes of collecting the Price on your behalf. Within thirty (30) days of receipt of such payment of the full Price, Ongosa will remit to you via Stripe, (the “Payment Processor”):

25.2.1    the monies received from the Buyer in respect of the Booking;

25.2.2    less any fees charged by the Payment Processor; and

25.2.3    less our commission at the rate notified to you during the Professional registration process (“Commission”)

 

provided always you have submitted valid bank account details for receipt of the monies set out above.

 

25.3    We may change the Commission at any time on the provision of notice to you in writing, by email or through your use of the Website.  Your continued use of the Website following notice of such change shall be deemed to be your acceptance of the new Commission. If you do not agree with the changes to the Commission, you may terminate your Contract with us by notice in writing or by email.

25.4    In the event You cancel a Booking in accordance with the Professional Terms and subject to the applicable payment from Buyers having not yet been remitted to You by Us in accordance with clause 25.2, You may instruct Us in writing or by e-mail to refund to a User the monies received by Us in respect of the applicable Booking (less the monies set out in 25.2.2 and 25.2.3). 

 

26.    YOUR ADDITIONAL OBLIGATIONS AS A PROFESSIONAL

26.1    You shall comply with all policies and guidelines of Ongosa published on the Website from time to time.

26.2    You shall respond promptly in a courteous and professional manner to any questions received from a Buyer in relation to the Professional Services made available on the Website.

26.3    You shall ensure that at all times during your Contract, you have all applicable qualifications, insurance policies and waivers in place in order to provide the Professional Services. 

26.4    You hereby indemnify and shall keep indemnified Ongosa in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses incurred or suffered by Ongosa arising as a result of any claim or action brought by the Buyer in connection with the Professional Services and the Advert Information.

26.5    You shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses) that came into your possession through your use of and activities on the Website, nor will you disclose such personal information to any third party without the data subject’s express written consent.  Furthermore you shall not include in the Advert Information or any other communication with any Buyers any link to any URL located outside the Website, nor any advertising for any services other than your Professional Services.

26.6    You warrant, represent and guarantee that you shall comply with all applicable legislation in respect of the Advert Information and that the Advert Information shall not infringe any intellectual property rights, or any other rights of any third party

26.7    You warrant that the Advert Information is not misleading and contains all necessary information about the passport and /or visa required for the provision of the Instructor Services as well as any applicable health formalities. 

26.8    In the event that you are unable to provide a significant proportion of the Professional Services after the Booking has commenced, you warrant and undertake that you will make alternative arrangements, at no extra cost to the Buyer for the continuation of the Professional Services. 

 

27.    ADDITIONAL DISCLAIMER

27.1    You acknowledge that We do not have any control of and therefore can not reasonably accept any liability in respect of the behaviour, response or actions of any Buyers.  We make no representations and assume no responsibility for any Buyers or their health, state of mind, emotions, physical condition or any other factors relevant to their participation in a Booking. Also, We are not able to vet, verify the accuracy, correctness and completeness, monitor, edit or modify any Buyer profiles. Consequently, all such Buyer information and content available on the Website is provided to You “as is” and You agree that any use made of such content shall be strictly at Your own risk. We recommend that You do not rely solely on such information in making or refraining from making a decision or to embark on a specific course of action.

27.2    We do not guarantee or warrant that You will receive enquiries, responses or otherwise generate business as a result of the Website, or achieve any result whatsoever through Your use of the Website.

 

28.    TERMINATION

28.1    You may terminate your Contact as a Professional without cause on the provision of not less than 30 days written notice to us.  In such event:

28.1.1    you shall fulfil all Bookings placed with you through the Website on or before the date of termination;

28.1.2    you shall cease all use of the Website on or before the date of termination;

28.1.3    all rights granted to you hereunder shall cease on the date of termination; and

28.1.4    we shall delete your Advert(s) from the Website on the date of termination or when reasonably practicable thereafter.