Terms & Conditions
Definitions
In these Terms & Conditions, Kultura Trail may be referred to as “Kultura Trail”, “we”, “us”, “our”, and other similar expressions.
By using this site, you agree to the Terms & Conditions of our website (“the website”), which includes the web application (“the web app”) of the trails.
Our provision of the Trail, delivery of the content, and other affiliated services we provide are collectively referred to as the “Services”.
“Terms & Conditions” refer to the latest version of the present Terms & Conditions and includes any and all amendments, modifications and supplements made thereto from time to time.
All users of the website and web app collectively are each referred to as “you”, “your”, “yours”, and other similar expressions.
Application and Acceptance of the Terms
The present Terms & Conditions will govern the terms upon which we offer, deliver and supply the Trails, Services and Content by way of the website and web app.
By visiting the website, using the web app and/or participating in any outdoor Trail offered by us, you agree to abide by the Terms & Conditions set forth herein. We may update these Terms & Conditions and other related documentation from time to time, at our discretion. We suggest that you review these Terms & Conditions every so often to review the latest version hereof.
These Terms & Conditions constitute a binding agreement between you and us. For this reason, we encourage you to review these Terms & Conditions prior to using the web app.
Kultura Trail will not be bound by any terms or policies, except for the present Terms & Conditions and any policies listed herein.
Changes to the Terms & Conditions
Any updates to these Terms & Conditions will be effective as of their publication on the website. Your use of the website and web app following the publication of any modifications to these Terms & Conditions constitutes your acceptance of the revised Terms & Conditions.
Participating in a Trail
You agree to participate in the Trail in accordance with its intended purpose and the instructions provided on the web app. More specifically, you agree NOT to (1) enter private property, trespass, encroach or otherwise cause damage or loss with respect to any person, property or animal, (2) engage in any conduct which could be reckless, dangerous, unsafe or risky, and (3) violate or infringe any applicable law, regulation or policy.
If playing with other Users of the web app, you agree to act with respect, proper care and caution. You shall be held responsible for any misuse, loss or damage caused to property, or injury caused to an individual arising out of or in connection with your participation in the Trail, and/or any action or omission on your part. You agree to communicate this liability to any person that you invite to participate in any Kultura Trail experiences.
By participating in Kultura Trail experiences you agree that neither Kultura Trail nor any person associated with us will be liable to you or any other participant for any direct or indirect damages that arise in any way.
Limited Liability
You recognize that there are certain risks associated with participating in a Trail, interacting with other players, and accessing certain areas. While we implemented safety procedures and comply with all applicable legislation, certain activities have inherent dangers that no amount of caution can fully eliminate. Consequently, you agree that we will not be responsible for any bodily injury, harm, complications, claims or damages resulting from your participation or inability to participate in a Trail. Your further participation in a Trail and usage of the web app is at your own risk and that we disclaim any and all liability related thereto, whether direct or indirect.
To the extent permitted by applicable law, we exclude all liability for any incidental, special or consequential damages, bodily injuries, losses, property damages, claims, fees, costs or damages of any nature, however caused and under any theory of liability in connection with the Trail, the Services, the Content and/or your usage of the web app. Further, we will not be liable for any claim, loss or damage arising out of any misuse or negligence by any user engaged in the Trail. This exclusion of liability applies regardless of whether the liability is based on contract, strict liability or another theory of law.
This means that you agree to assume all risks associated with your decisions or actions during or as part of a Trail. We decline all responsibility and liability for all actions and decisions you make during the Trail or as part of the Trail. You may be held responsible for any claims, costs, expenses and fees incurred in connection with your participation in a Trail and your usage of the web app.
Refunds
We want you to have the best time possible enjoying our experiences, but we also understand that circumstances sometimes can change quickly. So, if you’re about to start your experience and the sky opens up, or if it’s pouring down and you prefer a museum over an outdoor adventure, don’t you worry! You’ll still have 14 days from the moment you click on the unique link to access and complete the trail. Additionally, we also offer 6 months validity from purchase date, given that you have not accessed the web app through the link.
Regardless of what happens, do reach out to us if you’re not able to continue your experience. We’ll do what we can to help out.
Discount Codes & Promotions
Every now and then we open our promotions treasure chest and look for nice discount codes to share with some lucky curious people out there. If you come across such a precious secret (aka coupon code), enter and apply it at checkout and the discount will be applied to your order. Only one discount/promotion code can be applied per order.
Technical Issue
Technical issues may occur when accessing or using the web app. Such issues can delay, freeze or prevent your access to the web app. We instituted proper procedures to ensure the continuity of the web app, however, considering nothing on the Internet is fully secure, we are unable to guarantee that the usage of the web app be uninterrupted and without error at all times.
Confidentiality
Spoilers are not cool. Nobody likes them. The secret sauce of a Kultura Trail experience is the mystery and location-based clues and riddles. We encourage you to tell your friends and family about your experience, but don’t spoil the fun by sharing the secret sauce. Promise?
Use of Photo
When you are prompted to take a team photo at the start of the Trail, you will have the option to either give permission for your team photo to be shared on our social media platforms or not.
If you took awesome photos while enjoying any of our Kultura Trail experience and would like to share them with us, email info@kulturatrail.com – we would love to share them on our social media with your permission. Personal information is subject to our privacy policy.
Copyright Infringement
All Content included on this website and all information (clues, riddles, hints, stories and recommendations) we’ll send to you via our web app and email is copyright of Kultura Trail.
We comply with all applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). We encourage you to report any potential copyright infringement on the website, web app and anything pertaining to our Services to us. All reports of intellectual property or copyright violations will be handled according to the principles in the DMCA.
Intellectual Property Rights
The reproduction, transmission, sharing and distribution of all or part of any information and/or Content on the website and web app is expressly prohibited. We do not allow for the reproduction, modification, or transmission of the Content on our web app to any third party without our prior specific written consent. You are strictly forbidden from using the Content associated with the Trails for commercial gain or business purposes. This intellectual property is our sole property and we are the exclusive owners of such Content throughout the world, without limitations of time or space.
Any Content that has been licensed to us remains the property of its respective owners. Please note that all trademarks and intellectual property published on our website and web app are protected by intellectual property laws. All rights relating thereto are reserved.
Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold us, our affiliates, directors, officers and employees harmless from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations or suits arising out of (i) your negligence, recklessness, or willful misconduct, (ii) your participation or involvement in a Trail, (iii) your breach of any representation or warranty provided under these Terms & Conditions, (iv) your failure to comply with any of these Terms & Conditions, applicable laws or regulations and/or (v) your usage of the web app, the Content or any information available on the web app.