Revised September 10, 2017
This Agreement sets out the terms and conditions between JAM DEVELOPMENT Ltd. (discover.net.ua) and users using our services for buying tours and tourist services ("You") from persons who provide tours and services related to travel ("Travel Agents"). This Agreement explains how to buy tours and tourist services, as well as explanations on the limitation of liability of discover.net.ua.
You must read this Agreement before using the Site and booking a tour. Use of the Site is consent to all terms of this Agreement, you guarantee that you understand, approve and accept all the items contained here.
discover.net.ua connects you with guides who aim for providing tours and services related to travel. We do this through our website, Discover.net.ua ("Site"), which is a system for processing messages and payments, which allows you to establish a connection between you and the guides.
You understand that the guides on the Site are independent contractors and are not employees or agents of discover.net.ua. You accept and agree that discover.net.ua does not control the quality, timing, legality or any other aspect of the services provided by tour guides, as well as any actions performed by guides.
discover.net.ua makes every effort to keep track of the profiles of guides, offers about services, actions and comments, as well as suspend the work of a guide who does not adhere to the policy of discover.net.ua. By using this Site, you agree to immediately report any alleged violations in the work of guides to discover.net.ua.
You can ask the guide for help through the Site. After the guide has accepted your request for service and your payment has been processed, a binding contract arises between you and the guide. After you have purchased a tour or tourist service and there are any problems related to the service that cannot be solved directly with the guide, you should contact discover.net.ua - and we will try to solve the problem.
discover.net.ua uses the services of a third party to process information about your credit card. For more information about this service, contact the credit card data processing company https://www.liqpay.ua/. You agree that discover.net.ua shall not be liable for any damages that may arise if any personal information about you is disclosed by third parties.
Any cancellation by you must be made by phone or by e-mail and confirmed by discover.net.ua. The date when the request for cancellation is received by discover.net.ua, will determine the return, which should be indicated as follows:
In some cases, the guide may cancel the tour due to unfavorable weather conditions or for other reasons. In case the tour guide cancels the tour or does not hold it, as promised, you can choose between re-planning the tour, full refund of all money paid or a loan for an alternative tour. If you decide to accept a loan, the difference in the cost of an alternative tour will be refunded to discover.net.ua or paid by you if possible.
discover.net.ua is not responsible for any unforeseen expenses that you incurred by booking a tour or tourist service on the Site, including, but not limited to, costs related to the purchase of visas, vaccinations, non-refundable flights or tour dissatisfaction.
You realize that all trips are associated with an element of risk and that some of the tours offered on the Site can be adventurous and have a significant risk. Thus, you assume all the risk, and you, your family, successors and successors to this Agreement release discover.net.ua and the guide from all claims related to any damage, including financial, death and other risks that may arise as a result of your participation in the tours offered on the Site, or as a result of the negligence of any party, including the guide or any employee, agent, contractor appointed by discover.net.ua, regardless of whether such negligence is passive or active.
Before starting a trip, the guide may ask you to sign a waiver of legal liability. You can review the copy of the refusal by clicking on the following link: https://en.discover.net.ua/liability-release
Regardless of whether you want to sign a waiver of legal liability, it appears when you use the Site to book a tour. You are strongly advised to get the right medical insurance before booking the tour.
We encourage you to be cautious if you buy any goods during the tour. discover.net.ua does not accept any claims regarding the quality or source of origin of any goods that may be available for purchase.
The site cannot be used for hiring, requesting or contacting a guide, for working or signing a contract, for a business not related to discover.net.ua, unless you receive a direct written permission from discover.net.ua.
You are responsible for providing accurate, timely and complete information in connection with your registration and use of the Site. discover.net.ua is not responsible for any claims related to any inaccurate, untimely or incomplete information provided by you.
discover.net.ua will use your information only in accordance with our Privacy Policy. discover.net.ua will make every effort to ensure the confidentiality of all other personal data, but we expressly disclaim any liability for any damage that may occur if any information is transferred to third parties. We agree that discover.net.ua is not responsible for any damages that may arise.
discover.net.ua uses a third-party service to process information about your credit card, so we do not have access to information about your credit card. For more information, please contact the credit card company https://www.liqpay.ua/
discover.net.ua reserves the right to make changes to this Agreement from time to time. discover.net.ua notifies you of any material changes to this Agreement or changes to any rules posted on the Site by publishing such information on the Site.
This Agreement shall enter into force immediately after the use of the Site and shall remain in force if it is not terminated by either party as provided herein. Either party may terminate this Agreement by providing another written or electronic notice of such termination, which will enter into force immediately upon its delivery to the other party.
In addition, discover.net.ua may immediately terminate this Agreement for any breach by you of this Agreement or any applicable rule discover.net.ua, which from time to time are published on the Site. In the event of termination or expiration, the following sections should remain: Section 1 (General regulations); Section 4 (Acceptance of Risk and Waiver of Liability); Section 6 (Information provided by you); Section 8 (The term of the Agreement); Section 9 (Intellectual Property Rights); Section 10 (Notice of Rights to Trademarks); Section 12 (Waiver of warranties); Section 13 (Limitation of Liability); Section 14 (Legal requirements); Section 16 (Miscellaneous provisions).
If you violate the terms of this Agreement, discover.net.ua reserves the right, without prejudice to any other rights or means available to discover.net.ua, to immediately terminate your use of this Site at its sole discretion.
Text, graphics, editorial content, data, formatting, graphics, drawings, HTML, design, music, sounds, images, software, videos, fonts and other content (collectively "Own stuff") that you see or read on the Site, belong to discover.net.ua or used with the permission of the owner. This patented material is protected in all forms, media and technology. You may not copy, upload, reconstruct, reconfigure or re-transmit anything from the Site without the prior written permission of discover.net.ua.
Service and trademarks discover.net.ua, as well as the logo discover.net.ua are signs of service belonging to discover.net.ua. Any other trademarks, service marks, logos and / or trade names that appear on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of discover.net.ua or the owner.
discover.net.ua strives to ensure the confidentiality of the information that you provide to us. The privacy statement is on the site discover.net.ua.
YOU AGREE THAT THE RISK OF USE OF THIS SITE IS LIABLE ONLY TO YOU. WE DO NOT GUARANTEE THAT THE WEBSITE WILL WORK CONTINUOUSLY AND ERROR-FREE; WE DO NOT PROVIDE A GUARANTEE TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, ACCURACY, AND RELIABILITY OF ANY INFORMATION, SERVICE OR TRADEMARK PROVIDED ON THE SITE. SITE IS PLACED "AS IT IS", WITHOUT ANY WARRANTIES.
Under no circumstances will discover.net.ua be liable for you, for any indirect, incidental, punitive damages arising as a result of any provision of this Agreement or the provision of any tours or other services purchased from the Site.
In addition, the OBLIGATORY responsibility of discover.net.ua, arising in connection with this Agreement and the Site, in no case shall exceed the total amounts paid by you to discover.net.ua in accordance with this Agreement.
Any notification or other communication that is provided in accordance with this Agreement will be made in writing and provided by facsimile, postpaid registered or certified mail, a requested receipt or e-mail.
For all disputes between discover.net.ua and you related to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, transactions between you and discover.net.ua or any related matters ("Disputes"), the parties will try to find the most effective solution. If the dispute cannot be resolved by the parties, it must be resolved in the Economic Court of Ukraine, and you hereby unconditionally submit to the exclusive jurisdiction of the courts of Ukraine in respect of all Disputes.
The inability to discover.net.ua to ensure the implementation of any provisions (provision) of this Agreement cannot be construed as a waiver of any provision or right. These Terms of Use and all other aspects of the use of the Site are governed and interpreted in accordance with the laws of Ukraine.
These Terms of Use and exemption from liability, if applicable, constitute the entire Agreement between you and discover.net.ua regarding the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will be observed to the greatest extent possible, and the remaining Terms of Use shall remain in effect.
These Terms of Use are in favor of discover.net.ua, its successors and legal successors.
Nothing in this Agreement shall be construed as the transformation of either party into a partner, joint venture, agent, legal representative, employer, contractor or employee of another. Neither party has the right to take any authority to make any representations, representations or obligations of any kind, or take any action that should be related to the other, except as provided for by this or authorized in writing by the party.
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