The Website and the App are hereinafter collectively referred to as “the Platform”.
These Terms is concluded between You and GROUPADO DMCC, Unit no AG-PF-82,AG Tower, Jumeirah Lakes Towers, Dubai, United Arabs Emirates, company number DMCC-736316 (also “theCompany”, “We”, “Us”, “Our”, “Groupado”). The Terms govern your access to our Platform and services which we offer via Platform as well as relations between Users. Users and the Company are collectively referred to as the Parties and severally as Party.
If You don’t agree, please don`t use the Platform.
Table of Contents
1.1 General provisions
1.2 Experiences Options
1.3 Prices and Fees
1.4 Ordering and Participating
1.6 Provision of the Experience
2.1 General provisions
2.4 Experience Participants
2.5 Experience Creators
3. DISCLAIMERS AND LIABILITY
5. INTELLECTUAL PROPERTY
6. APPLICABLE LAW AND DISPUTE RESOLUTION
1.1. General provisions
1.1.1. Groupado is an online platform where Users from all over the world unite to share their knowledge, expertise, skills, experiences and services in different areas regardless of the form of such share, whether it is a creation of such Experiences or the participation in such (“the Experiences”).
1.1.2. While using the Platform Users are provided with features and functionality that help them to arrange sharing of the Experiences (“Services”). It includes User’s registration, verification, authorization, content publishing, Experiences Options, Experiences ordering, payments, communication, advertisement, dispute resolution between Users and other features and functionality of the Platform.
1.1.3. Users who offer to provide Experiences are Experience Creators.
1.1.4. Users who order Experiences or are willing to participate in such are Experience Participants.
1.1.5. We reserve the right to add any new functionalities as the Services to the Platform at any time. If newly developed functionalities of the Platform are not specifically governed by the Terms, they are provided on “as is” basis and are subject to the Terms to the extent reasonably practicable.
1.2. Experiences Options
1.2.1. Experience Option means the page with the description of Experience, price, date and time, location, group size, duration, language, periodicity, Participant’s reviews,or other information about Experience that is available for all Users.
1.2.2. Only Experience Creators can post, edit, delete and hide Experience Options with the further Groupado’s approval of such changes.
1.2.3. Experience Creators are responsible for all Experience Options they post.
1.2.4. When You are creating an Experience Option You are obliged to:
18.104.22.168. provide complete and accurate information about Your Experience Option as required by the Platform;
22.214.171.124. keep all provided information up-to-date;
126.96.36.199. show all the defects, limitations, difficulties, risks (if any), requirements or any other warnings that Experience Participant needs to know before ordering or participating in the Experience;
1.2.5. Groupado is an intermediary platform to connect people who seek for new Experiences. In view of this, Groupado does not guarantee and is not responsible for the existence, quality, safety, suitability, or legality of any Experiences as well as the authenticity and accuracy of any information from the posted Experience Option. Groupado also is not responsible for the User’s review of the Experience or other user-generated content published on the Platform.
1.2.6. We reserve the right to disable Experience Options at any time in case we have any grounds to assume such Experience Option violates these Terms or law.
1.3. Prices and Fees
1.3.1. Experience Creators can determine the price for ordering or participating in the Experience (“the Price”) at their own discretion.
1.3.2. The price should be fixed and no less than USD 10.00 (ten US dollars and zero cents). The Experience Creator sets the Price visible for the Experience Participants that is ultimate for them and excludes payment of any additional fees such as any kind of taxes or mandatory fees above the Price they initially were shown and agreed to. In case any such fees apply, they may be included into Price and the purpose of each such fee should be explained to the Experience Participant. The Experience Creator is solely responsible for paying taxes and other mandatory payments related to his/her business activity. The Platform shall in no way be deemed the withholding agent of the Experience Creator.
1.3.3. If any additional options for the Experience are available for a certain additional cost, Experience Creator should specify that in Experience Option or inform the Experience Participant via the Platform or other means of communication using the contacts of the Experience Participant indicated on the Platform.
1.3.4. Any changes of the Price will apply only in cases the Experience Option was not purchased by any Experience Participant at the time of making such change.
1.3.5. Each Experience Creator pays a Fee to Groupado for the use of the Platform and the possibility to share the Experiences. The Fee is 15 % (fifteen per cent) from the Price set pursuant to paragraph 1.3.2. The Fee is not charged for Experiences that are shared for free on condition the Experience Creator provides Groupado documents confirming the Experience Creator’s non-profit activity.When setting the Price Experience Creator will be shown the amount charged as the Fee.
1.3.6. We reserve the right to change the rate of the Fee at any time. Prior to making such changes binding, we will notify all the Experience Creators on any fee changes. Such fee changes will not affect any orders made prior to the effective date of the fee change.
1.3.7. When setting the Price Experience Creator will be shown the amount to be charged as the Fee.
1.3.8. The Experience Participant pays for the participation as a one-time payment via the Platform. The Fee is withheld by Groupado before the transfer of the rest of the Price for the Experience to the Experience Creator. In case the transfer concerns the Experience specified in paragraph 1.4.6. the transfer of Price after the deduction of the Fee shall be performed by Groupado only after the minimum number of Participants declared their attendance.The Experience Creator is responsible for paying all the bank fees and other mandatory payments related to the transfer.
1.4. Ordering and Participating
1.4.1. The Experience Participant may express his/her wish to participate in certain Experience by following the ordering procedure available at each Experience Option.
1.4.2. The participation in the Experience is confirmed when the Price for the Experience is paid by the Experience Participant using the payment method available on the Platform.
1.4.3. If the event is free, the participation will be confirmed after booking.
1.4.4. When the total Price is paid, the Platform automatically generates the invoice and sends it to the Experience Participant. The invoice will show the order number, the amount paid, the details of both the Experience Participant and the Experience Creator, as well as the details of the Experience Option.
1.4.5. The registered Experience Participant may order the Experience for other people that will participate in Experience. If you order the Experience on behalf of other people,you guarantee that every such participant meets all the requirements set by the Experience Creator and agrees to be bound by the Terms. You also represent that you are authorized to act on behalf of such person in accordance with the law.
1.4.6. The Experience Creator immediately receives all the notifications for any action taken by the Experience Participant related to ordering of the Experience Option.
1.4.7. Experience Creators may set the minimum number of Participants required to perform the Experience. In case the number of Participants who ordered the Experience for a certain date and time is not enough, the Experience Creator should cancel such Experience and notify the Participants that ordered the Participation. All the Experience Participants who ordered the canceled Experience will get a refund in the amount paid.
1.4.8. In the event the Experience Creator wants to change any terms of the Experience, he/she must notify the Experience Participant on such changes within 7 days before the planned date of the Experience. In order to modify the terms of the order, the Experience Creator has to submit change request via the Platform. The Experience Participant has to approve change request within 2 days after the receipt. Silence is deemed as approval of the change of terms. In case the Experience Participant does not agree, he/she is refunded all the payments made.
1.4.9. To be entitled to a refund upon cancellation of the participation in the Experience, the Experience Participant has to comply with our Cancellation Policy.
1.5.1. You authorize Groupado to arrange the payments from you as the Experience Participant and to you as the Experience Creator.
1.5.2. The Platform allows providing payments via the Experience Participant’s PayPal account or bank account. Experience Participants are independent to choose between these two payment methods.
1.5.3. Experience Creators agree to use PayPal as the sole payment method when they are interacting with the Platform.
1.5.4. All payments to Experience Creator’s account are made within 14 (fourteen) days following the date of the Experience. In case Groupado receives a complaint from Experience Participant Groupado may consider such complaint and this may prolong the payment term.
1.5.5. All payments are calculated and charged in United States Dollars.
1.5.6. The Users represent and warrant that the Experiences they create or the funds they use for payments were not obtained from criminal or illegal activity and that no transaction with Groupado is intended to promote any criminal or illegal activity.
1.6. Provision of the Experience
1.6.1. During Experience event, Experience Participants have to follow the instructions given to them by the Experience Creator.
1.6.2. Experience Participants are prohibited to bring any guests with them unless the guest also paid for the participation in such event.
1.6.3. Users are prohibited to manipulate with ratings and reviews. Violation of this rule may cause deactivation of the User’s account as well as may lead to the consequences specified in Section 3 (Disclaimers and Liability) and Section 4 (Indemnification).
1.6.4. Experience Creators should provide the Experiences in accordance with the terms stated in appropriate Experience Options as well as observe safety measures.
1.6.5. Experience Creators should provide the Experience in person and may not register account on proxy unless such actions are considered and authorized by Groupado in advance. In order to get our authorization, please notify Groupado by email no later than 7 days before the date of provision of the Experience.
1.6.6. Experience Creators should use safe and comfortable equipment for the provision of the Experience if applicable.
2.1. General provisions
2.1.1. Experience Creators should use safe and comfortable equipment for the provision of the Experience if applicable.
2.1.2. Users are solely obliged to comply with all laws and other regulatory legal acts that apply to them, including obligations to pay taxes.
2.1.3. Users are solely responsible for their acts and omissions. The Platform is an intermediary service that gives the Users the technical and functional opportunity to meet and share their Experiences. The Platform does not moderate the User’s actions. The Platform is in no way responsible for the actions the Users undertake while using the Platform.
2.1.4. Users may interact with each other via messenger available on the Platform as well as by email.
2.2.1. If you want to use the full range of Services you need to create an account by filling our registration with some contact information or by signing up with your Facebook or Google account(“Social accounts”).
2.2.2. If you sign-up on the Platform via your social media account, you agree to permit us to use your certain personal data such as your name, email and other data that are allowed to be used for registration purposes. Additionally, your consent may be given under request to allow access to your social media accounts provided by Facebook or Google.
2.2.3. The registration form may be accessed by using Platform or by invitation via Groupado’s social media, advertisement on third-parties’ resources or direct messages if the person agreed to receive such messages.
2.2.4. The initial personal information required for registration includes your full name, email, and password. During your registration, you need to choose whether you are Experience Participant or Experience Creator.
2.2.5. Once you complete this process, you become a registered user and use the Platform through your personal account (“the Account”).
2.2.6. After registration you can submit additional information such as your gender, date of birth, phone number, bank card details.
2.2.7. You are not allowed to register more than one Account and to transfer Your Account to another person.
2.2.9. By registering on the Platform You represent and warrant that you:
188.8.131.52. will use the Services in accordance with the Terms and will not use the Services in any illegal way.
184.108.40.206. provided valid and accurate personal information and will provide such information when posting Experience Option;
220.127.116.11. will keep Your Account and public Account profile page information up-to-date at all times.
18.104.22.168. will not perform acts aimed at a breach of the normal functioning of the Platform, both by means of software and through your direct acts within the Platform, or perform any other illegal acts;
22.214.171.124. are solely responsible for granting access to your Account to any third parties and the consequences thereof;
126.96.36.199. acknowledge that you will have no rights or benefits in any content, materials, products developed by groupado within the Platform;
188.8.131.52. will not scrape, build databases or otherwise create permanent copies of the content provided on the Platform, or keep cached copies longer than permitted by the cache header;
184.108.40.206. will not violate our intellectual property rights;
220.127.116.11. will not violate other User’s rights.
2.2.10. In the event of unauthorized use of your Account, you need to notify us immediately as soon as you become aware of such use or have reasonable suspicion to believe so. In case of non-notification,you as the legal holder of the Account are responsible for all actions taken on behalf of your Account unless such non-notification was due to your unawareness or inability.
2.3.1. Verification aims to confirm the authenticity of the person who owns the Account and person whose personal information is used for creating the Account.
2.3.2. Verification is carried out using User’s email, phone number, PayPal or bank account, by uploading ID card, driver's license, business license or any other documents supporting your legal capacity and identity. You give us your permission to use such means for verification.
2.3.3. Every User has to undergo the verification within 3 days after the date of registering the account.
2.4. Experience Participants
2.4.1. Only individuals may create the Account of the Experience Participant.
2.5. Experience Creators
2.5.1. Either an individual or enterprise may register the Experience Creator Account.
2.5.2. If you want to become the Experience Creator after Your registration as Experience Participant, you need to submit a request to change your User type in the Account settings and complete the verification process.
2.5.3. In case the Account represents an enterprise or a company, it has to be established in accordance with the laws of the country and state of its residency and should have full legal capacity. If you want to register the Experience Creator Account on behalf of the enterprise or a company, you represent and warrant that you are competent to act on behalf of that enterprise.
2.5.4. If you want to register Experience Creator Account on behalf of an enterprise or a company, you should appoint a representative among your employees or trusted persons, who will be in charge of interaction with Groupado.
2.5.5. Experience Creators should bear all costs and expenses for the arrangement of Experience in accordance to the Experience Option. The Experience Participant must not be charged for any additional payments apart from the payment made via Platform for purchasing the Experience.
2.5.6. Any claims from Experience Creators to Experience Participant e.g. claims for compensation of damages caused during the performance of the Experience are not covered by these Terms and do not impose any obligations on Groupado.
2.5.7. Experience Creators should immediately notify Groupado in case of an inability to provide the Experience.
2.5.8. If Experience Creator fails to provide the Experience in full or partially, that results in a refund to the Experience Participant, Experience Creator will be responsible for such a refund before Groupado.
2.5.9. If Experience Creators fail to notify Groupado in accordance with the provision above, Groupado at its own discretion may charge fines in the amount of full amount charged to the Experience Participant plus the involved extra fees which shall be transferred to Groupado account apart to the amount of refund stated above or withdrawn from the amounts that are to be transferred to the Experience Creator by Groupado. This provision does not apply to the cases when non-notification was due to the poor operation of the Platform.
2.6.1. You are prohibited to disclose or use any personal data and commercial secrets (“Confidential Information”) of other Users, their family members acquired by you in connection with the use of Platform to any third party for any purposes except for performing the obligations or exercising the rights under the Terms.
2.6.2. The confidential regime is not applicable in case if:
18.104.22.168. the User has given his prior written consent to use Confidential Information;
22.214.171.124. the User has publicly disclosed Confidential Information;
126.96.36.199. Confidential Information should be disclosed in accordance with the law or by the decision of the competent authority.
2.6.3. The duty to keep confidentiality shall survive the termination of this Agreement.
3. DISCLAIMERS AND LIABILITY
3.1. Groupado is not the provider of the Experiences and does not control the arrangement, provision, performance, etc. of Experiences unless otherwise is stated in the Terms. Groupado is not liable for any harm incurred by any User in relation to the provision of the Experience.
3.2. Groupado is not a party to any contractual relationships between Experience Creators and Experience Participants which arise during the use of the Platform, namely to the obligation of the Experience Creator to arrange and provide the Experience and the correspondent obligation of the Experience Participant to pay for the participation in the Experience.
3.3. Groupado is not a partner, an employer or agent of the Experience Creator.
3.4. Your use of the Platform is based on “as is” principle. groupado does not guarantee the twenty-four-hour availability of the Platform. Other than as provided in this agreement, Groupado makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and warranty of fitness for a particular purpose.
3.5. If We receive complaints or claims of loss or damage from the Experience Participants or any third parties relating to the provision of the Experience, the relevant Experience Creator will be fully responsible to resolve such complaints or claims, and all expenses which arise from such.
3.6. In case of User’s violation of these Terms the User has to compensate and reimburse all losses and damages incurred by Groupado because of the violation.
3.7. All the disclaimers mentioned above apply unless otherwise stated by law.
4.1. You hereby agree to indemnify Groupado, any of its officers, directors, employees, sub-contractors and agents and its affiliated and related entities from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, audit, inquiry, or other proceeding, that arises or relates to:
4.1.1. any actual or alleged breach of your representations, warranties, or obligations set forth in the Terms;
4.1.2. Your wrongful or improper use of the Platform or the information available at the Platform;
4.1.3. any other party’s access or use of the Platform via your account subject to reservations indicated in these Terms;
4.1.4. arising out of a breach of any warranty, representation, or obligation hereunder.
4.2. You shall not have any claim of any nature whatsoever against Groupado for any failure to carry out any of our obligations under the Terms as a result of Force Majeure – causes beyond our control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, in securing any permit, consent or approval required by groupado, for the supply of products, delay by any subcontractor or supplier of ours, accidents of any kind, riot, political or civil disturbances, the elements, by an act of state or government, including regulatory action imposed or any other authority, or any other cause whatsoever beyond our absolute and direct control.
5. INTELLECTUAL PROPERTY
5.1. The Platform, the creative content Groupado published to the Platform or outside the Platform but in connection to it or Services, as well as the content automatically produced by the Platform, are the intellectual property of Goupado and is protected by copyright, patent, trade secret and other intellectual property laws.
5.2. Content means information of any type (audio, video, image, text) and which is expressed on the Platform in a form that may be perceived by groupado, Users and visitors.
5.3. Creative content means the content created as a result of human intelligence. Creative content does not include personal data, facts, laws and other non-creative information.
5.4. Your right to use our intellectual property is limited to the rights expressly granted by us pursuant to the Terms and subject to your full compliance with the Terms (“theLicense”).
5.5. The License extends to Your permitted use of both the Platform and Services and authorizes you:
5.5.1. to post, upload, store, share, send, display content on or through the Platform, and
5.5.2. to access and view the content of other Users and groupado and any content that Groupado makes available on or through the Platform.
5.6. Following the provision above,we grant you the License that is:
5.6.1. limited which means you can only use the Platform for the purposes Groupado sets out in these Terms;
5.6.2. non-exclusive that means Groupado can grant the same and similar licenses to other people as well;
5.6.3. non-transferable which means the license is only for your benefit and you may not transfer any of the rights that we grant to you to any other person;
5.6.4. non-sublicensable which means you may not sub-license any of the rights that we grant to you to any other person;
5.6.5. worldwide which means your License is not limited by territory, unless the applicable law prohibits such License in certain countries.
5.6.6. revocable, which means Groupado can terminate this license at its own discretion;
5.7. By making available your creative content on the Platform you hereby grant to Groupado a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to exploit such content in any manner. The rights you grant us are only for the limited purpose of offering and improving our services as well as promoting your Experiences.
5.8. You are solely liable for all your content. By delivering your content to the Platform you represent and warrant that you are the legal holder of the rights on that content and you are competent to grant us the license to use your creative content.
5.9. If you believe that any content on the Platform violates your intellectual property rights, please notify us by email.
5.10. You also represent and warrant that neither your content, nor your use and provision of your content, nor any use of your content by groupado on the Platform or during the provision of the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.11. We reserve the right to remove or disable access to any content, at any time and without notice, if we at our sole discretion consider that any content violates the Terms or belongs to the material which is prohibited from publication under Chapter 7 of the United Arab Emirates Federal Law No. 15 of 1980 Governing Publications and Publishing.
6. APPLICABLE LAW AND DISPUTE RESOLUTION
6.1. Provisions of this section apply to the relations between Users and Groupado.
6.2. The Terms should be interpreted in accordance with the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai without regard to its conflict of laws principles.
6.3. Any dispute between You and groupado arising out of the usage of the Platform or Services, the formation, performance, interpretation, nullification, termination or invalidation of the Terms, or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the DIAC Arbitration Rules (“Rules”) by arbitrators appointed in compliance with the Rules.
6.4. Before bringing a claim against Groupado, you agree to try to resolve the dispute by negotiation. Following this, please send us an email with your arguments. We will try to resolve the dispute informally by answering your email. If a dispute is not resolved within 15 days after submission, you or Groupado may bring formal proceedings.
7.1. We reserve the right, atour sole discretion, to change or modify the Terms at any time. You will be notified in 3 days by email and by message via our Platform before the date when amendments become in force. When it comes, this date will be indicated in the “Last updated” at the top of the Terms.
7.2. Your subsequent use of the Platform after any such changes constitutes your acceptance of the latest terms of this Agreement.
8.1. Either Party may terminate the Terms at any time and for any reason.
8.2. Users terminate the Terms by deleting their Account. Terms should be considered as terminated at the moment of deleting the Account.
8.3. If the Experience Participant terminates the Terms while having purchased and not received Experiences, such Experience Participant is not entitled to a refund for such Experiences.
8.4. The Experience Creator may terminate these Terms only after all the Experiences are duly performed, provided, completed etc. The Experience Participant is entitled to a refund if he/she paid for the Experience and was not provided with it.
8.5. Experience Creator who terminated the Terms is entitled to all pending payments for already provided Experiences under terms and periods specified in Section 1.5 of the Terms.
8.6. If we terminate the Terms with you based on your violation of the Terms or Our Policies or if we believe you have committed a major breach of law we reserve the right to cancel any pending Experience created prior to that termination without refund or any liability before you.
8.7. When we have terminated the Terms with You in accordance with the provision above, you are not entitled to restore your Account and register a new Account.
9.1. The Terms replace any other arrangements between the Parties as well as all prior versions thereof. Should any provision of the Terms (a clause or a statement within a clause) be declared invalid or unenforceable, it should not affect the remaining provisions in whole or part.
9.2. Our failure to exercise any right or provision in the Terms should not be considered as a waiver of such right or provision of the Terms.
9.3. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without prior notice to you.
9.4. Should you have any questions regarding the use of the Platform or regarding the Terms, please send us an email at: firstname.lastname@example.org or contact our Customer Support.