1. About this document
This document sets out our general terms governing use of our websites. This document does not set out our booking conditions or other terms of supply.
For more information about booking conditions and other terms of supply, please download the full Booking Conditions document from here.
This document, and all content of our websites is Copyright© 2019 Panakiwi Adventures, S.A.. ALL RIGHTS RESERVED.
4.About us this website term of use
6.What do these terms cover
Our website and any bookings or other transactions conducted through this web website are in the English language only.
8.Completing Forms and Error Connection
8.1 Mandatory Information
When completing any enquiry, booking or other forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are identified and denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where a category is not marked with an asterisk, the information is optional, and you need not fill it in but may do so if you wish.
8.2 Accuracy of your information
When you submit any information to us, including in connection with a registration, enquiry or booking, you must ensure, and by submitting the information you represent to us that, it is true, accurate, current, and complete in all respects. To keep the information current, you agree to update the information to us whenever there is a change to any information you submitted previously. You acknowledge being aware that we will rely on the information you provide being true, accurate, current and complete.
8.3 Error Correction
When you carry out any enquiry, booking, order, registration or other process on our website, you may, before submitting, use the back button on your browser to go back and correct or change information. If you think there is an error in your information provided after you submit it, you can contact us to ask that it be corrected or updated
9.Registration on Our Website
9.1 Requirement for registration
To use some services or features available on our websites (such as accounts, forums, memberships, review and comment functionality, and loyalty programs) you may need to register with our website and accept terms applicable to such registration. We may restrict access to some parts of our websites and functionality, allowing access only by persons who registered with us for access to that part or functionality.
9.2 Updating your information
If any of your registration information changes, please update your details using functionality provided within our website or contact us.
9.3 Log-In Details
9.4 Suspension and Termination
We may suspend or terminate your registration and/or your ability to access or use any features, services or functionality on our websites at any time and for any reason, with or without prior notification to you.
You must be eighteen (18) years old or older to make a booking or otherwise order from us.
10.2 Ordering process
Our website is not a legal offer. To make a booking with or through us or otherwise order from us using our websites you must follow the procedure on our websites. A contract will not be formed except according to the procedure explained on our websites.
10.3 Our booking and supply terms
Please download the full Booking Conditions document from here.
11.Our Website Content
11.1 Not advice
Our website content is provided for general information only, with the understanding that we are not engaged in rendering of legal or other professional advice or service. Your reliance on or use of our websites and website content is entirely at your own risk.
11.2 Validity and Change
We make no representation, warranty or guarantee, whether expressed or implied, that the content on our site is accurate, complete or up-to-date. In any event, our website content is not valid beyond when it is downloaded, and may change on a subsequent visit to our websites. We shall be entitled to change website content from time to time, and cease providing any particular website content (including part, functionality or service of our websites), without notice, and for any reason.
We do not guarantee that our websites or any website content will be free from errors or omissions. There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content (including services, products, availability, and pricing) at any time without notice, including in any booking or order you submitted or contract you entered into with us. If a correction affects a booking or order you submitted or contract you entered into with us to your material detriment, we may give you the opportunity to cancel the booking, order or contract rather than accept the change.
We cannot ensure that our websites will be virus-free or free from other malicious elements or will be free from unauthorized, malicious access or modification. You must take appropriate safeguards on your computer, device and network, such as installing appropriate protective software, before accessing or downloading any of our website content.
11.5 Third Party Websites
If we include a link to a third party website (e.g. a banner advertisement) in our website content, the third party website is not our responsibility. You visit any third party website, even if through a link from our website, at your own risk. By providing links, we are not endorsing, sponsoring or recommending such sites or materials disseminated by or services provided by them. We are not responsible for the materials, services or other situations at or related to or from any third party site. We are not responsible for direct or indirect consequences of your navigating to any other website from our websites. We are not responsible for any purchase you make or other activity you engage in at, or as a result of you visiting or accessing a third party website.
11.6 Our Copyright
You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to our website content (and the selection and arrangement of our website content) is and remains our sole and absolute property. You are granted no right, license or interest in or to our website content or any intellectual property rights, except for the browsing license detailed below, and all other rights are reserved. You are not permitted to screen scrape or otherwise copy or use our website content except for browsing our website as a customer or potential customer under the license below.
11.7 Browsing License
We grant you a license to download and run the pages of our website we make accessible to you, in a web browser, and to store them in the web browser cache, for the purposes of enabling you to browse and use our website as a customer or potential customer, or as an agent for a specific customer or potential customer, whether online or offline. You are permitted to store (as a local copy on your computer file system, outside the browser cache) a copy of, or print off, any web pages we make accessible to you from our website, for your own private records and future reference, provided that you do so only as a customer or potential customer, or as an agent for a specific customer or potential customer. Except for as expressly provided by the foregoing license, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our website content, or use our websites, or any of our website content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. We may terminate the above license at any time.
11.8 Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link to our websites in a way that suggests any association, approval or endorsement on our part where none exists. Our websites must not be framed on any other site. You must not create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
12.Your Conduct and Content
12.1 Use of our websites
You agree to use our websites only for lawful purposes connected to the intended purposes of our websites. You must not use our websites for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our websites or any underlying systems. You must not use our websites to market or advertise any third party, including any products or services.
12.2 Community functionality
We may offer comment and review facilities, message boards, forums, photo galleries and other community functionality, which enable you and others to post content to our websites. Anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time. You agree that you will be personally responsible for your use of all community functionality and for all of your communication and activity on and pursuant to our websites. If we determine or have a suspicion that, or if we have a question whether, you are or have been or may have been, engaged in any prohibited activity, were not respectful of another user, or otherwise violated the terms and conditions, we may deny you access to our websites on a temporary or permanent basis. We will not be responsible, or liable to you or any third party, for the content or accuracy of any content posted by you or any other user of our websites. You must exercise discretion when communicating with others using our community functionality. The views expressed by other users on our site do not represent our views or values.
12.3 Your content
You shall ensure that anything your post to our website (including text and pictures), whether through community functionality or otherwise: (a) relates solely to us and our products and services; (b) is in accordance with rules and acceptable use policies we publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or defamatory, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people’s privacy; (f) is not harmful to minors; (g) will not cause unwarranted distress to any person; (h) is not detrimental to our trademarks or our website content; (i) is not personal data of a third party; (j) does not use our site to promote or advertise a business, product, service or other thing; (k) does not advocate illegal activity or discuss illegal activity with intent to commit them; (l) is not vulgar, obscene, discourteous or indecent; (m) is not software. Any content you upload to our community functionality will be considered non-confidential. We also have the right, but are not obligated, to disclose your identity to any third party or police or government agency who claims that any content posted or uploaded by you to our websites constitutes a violation of or who claims to our satisfaction to be investigating any actual or potential violation of intellectual property, privacy or other rights or laws.
12.4 License of your content
In relation to anything you post to our website (including text and pictures), whether through any community functionality or otherwise, you grant us a perpetual, irrevocable, royalty free, transferrable license, with the right to grant sub-licenses, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world. In particular, by posting a message or other content on our websites (including sending in photos to any photo gallery), you understand that the content becomes public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation such content. You warrant that you have the right to grant the license above, and that the exercise by us of that license shall not infringe any copyright or other intellectual property rights in any part of the world.
13.Disclaimer and Limitation of Liability
13.1 No prejudice to consumer rights
If you are acting as a consumer (i.e. an individual acting for your private purposes not associated with a business or profession) nothing in these terms affects your legal rights as a consumer to the extent they may not be excluded or limited by law, and the following terms shall be read subject to this.
13.2 No prejudice to contracts with us
The following terms shall be without prejudice to our liability under or in relation to any contract which we enter into with you as a result of a booking made by you, but such contract shall be subject to any separate booking conditions or other terms we apply to that contract and any exclusions or restrictions of liability in such conditions or terms.
13.3 No limitation of liability for personal injury and fraud
With regard to a consumer, we do not limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
13.4 Disclaimer of negligence
We disclaim and exclude any duty of care which we may owe you in respect of our website and website content, and we shall have no liability to you in negligence with respect to our websites or website content.
13.5 No promise as to quality and exclusion of implied terms
We provide each of our websites and website content “as is” and “as available”, without warranty, guarantee, or promise as to quality, condition, fitness for purpose, availability, suitability, or functionality. We do not represent or warrant that our website content is accurate, complete or current, and we shall have no liability whatsoever in respect of any use which you make of our website content. We hereby exclude to the fullest extent permitted by law all implied warranties, terms and conditions, and all rights under any law, in your favor, with respect to our websites or website contents.
13.6 Fitness for purpose
Our website content has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes.
13.7 No liability for business losses
Where you are a consumer, we have no liability to you for any losses relating to any business or occupation, including loss of profit, loss of revenue, loss of business or contract, business interruption, or loss of business opportunity.
We shall not be liable to you for any loss, damage or liability you suffer or incur as a result of visiting, browsing, or using our website or website content, or the non-availability or interruption of our website or website content, or relying on our website or website content. In particular, we shall not be liable for any loss, damage or liability suffered by or in relation to any business, profession, occupation or organization, even if we have been advised of the possibility of such loss, including: (a) loss of profit, revenue, contract, sales, goodwill, opportunity, wasted or additional expenditure, loss of bargain, loss of anticipated savings, business interruption, or liability to any third party and fines, in each case whether direct or not; or (b) for any losses or damages of any nature which are special, punitive, exemplary, indirect, incidental or consequential.
13.8 No liability for force majeure
We will not be liable for anything caused by any event or circumstance beyond our reasonable control.
13.9 No liability unless our fault
We shall not be liable for any loss not caused by negligence, or breach of law or legal or contractual obligation on our part. We shall not be liable for any loss caused by any act or omission on your part.
13.10 No liability for loss not foreseeable
We shall not be liable for any loss or damage which was not foreseeable.
13.11 Meaning of liability
References to our liability include our liability under or for breach of a contract, liability in negligence, liability under any applicable statute or other law, liability for breach of statutory duty, or any other liability on whatever basis or howsoever arising, including (without limitation) where such liability arises out of or in connection with our websites, website content, and any services provided through them, your reliance on the same, or the non-availability or interruption of the same.
14.Changes To These Terms
15.Applicable Law And Disputes
These terms, your use of our websites, and any claim relating to our websites or based information on our websites, is subject to the law of the Republic of Panama. The exclusive venue for any action concerning the interpretation, enforcement, or breach of any term, obligation, or duty as contained or related to these Terms and Conditions or any grievance relating to the tour shall be solely in the Superior Court of the Republic of Panama. This Agreement shall be construed according to the internal laws of Panama without regard to conflicts of law principles. All guest claims must be submitted in writing and received by Panakiwi Adventures no later than 60 days after completion of the Panakiwi Adventures trip. Guest claims not submitted and received within this time shall be deemed to be waived and barred. In any legal action, arbitration, or other proceeding to enforce, interpret or construe the terms of this Agreement, or concerning any grievance relating to the tour, the prevailing party shall be entitled to recover actual reasonable attorneys’ fees, costs and expenses.
16.User Generated Content
By the Content Owner replying to a comment on an individual piece of content with the hashtag #PanakiwiApproved, the Content Owner agrees that the individual piece of content may be used by Panakiwi Adventures and its affiliates and/or related entities (“Panakiwi Adventures”) the Content as provided below.
In the delivery of content, the Content Owner grants Panakiwi Adventures non-exclusive rights to use the Content in activity as defined below:
a. Purpose: To authentically depict experiences on Panakiwi Adventures trips from the perspective of Panakiwi Adventures’s guests;
b. Medium: used across various marketing channels in different forms of media, including but not limited to use on website (https://www.tpanakiwi.com), print, social media, email, digital advertising, out-of-home, events, third party platforms and APIs. Panakiwi Adventures may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Content in any manner in their sole discretion, with no obligation to you whatsoever;
c. Period: in perpetuity and;
d. Territory: global.
16.3 PERSONAL INFORMATION
The Content that you submit is deemed non-confidential and Panakiwi Adventures has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.
a. The Content Owner confirms they are at least 18 years of age.
b. The Content Owner confirms that they are solely responsible for the Content and they are the original creator of the piece of Content and have no known knowledge that the Content was created by another individual.
c. You grant Panakiwi Adventures the right to use your username and image, or other identifying information in connection with your Content.
d. In most implementations, however without any obligation to do so, imagery will be accompanied with the Content Owner’s Instagram username and the date that the piece of Content was originally posted.
e. The Content is still entirely owned by the Content Owner, who is merely granting Panakiwi Adventures the rights to use the Content in the marketing activity.
f. If a Content Owner chooses to relinquish rights granted to Panakiwi Adventures, they must contact Panakiwi Adventures in writing, including the piece of Content, a link, photograph or screenshot of where the Content appears in Panakiwi Adventures’s marketing collateral, and evidence that they are the original Content Owner of the piece of Content. Panakiwi Adventures will, wherever reasonably possible, remove such Content.
g. By agreeing to the use of the Content, you waive any payment for the use of Content across all mediums and channels.
h. You will not hold Panakiwi Adventures, or any person acting on Panakiwi Adventures’s behalf, responsible for any claims or demands in connection with the use of your Content.
i. Please ensure that you are careful and selective about the Content that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential Content. Should you disclose information that is sensitive, proprietary or confidential, you do so at your own risk and Panakiwi Adventures is not responsible for any consequences of such disclosure.
j. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
k. Panakiwi Adventures reserves the right to remove, wherever reasonably possible, any Content from our website and social media channels. If you believe any Content residing on our website and social media channels or displayed or used in connection with Panakiwi Adventures infringes any person’s or entity’s copyright rights, please contact firstname.lastname@example.org
l. This Agreement is in no way sponsored, endorsed by, administered by, or associated with, Facebook, Twitter, Pinterest or Instagram.