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Terms and Conditions

Terms and Conditions

Keteka, LLC (“Keteka,” “we,” “us,” “our”) provides all its services (“Service”) to its users and customers (“you,” “your”) through this website (www.keteka.com) (“Site”) in accordance with the following Terms and Conditions (“Terms”). We reserve the right to change or modify these Terms whenever we so choose, without prior notice. As such, we encourage you to periodically check these Terms and see if they have changed. When we modify the Terms, we will post the date of the latest change at the top of the page. We consider use of this site as acceptance of our Terms and Conditions. It is up to you to discontinue use of the site if you do not agree with them.

We also encourage you to read the Privacy Policy, as your use of the site indicates that you agree to its terms as well. This is particularly true if you intend to make a purchase, sign up for a newsletter, or otherwise provide us with personal information.

Accessing and Using Our Service

Our Service

Keteka connects users to travel-related information in countries around the world and allows them to book tours and activities (collectively, “Tours”) online. Keteka does not operate these Tours, it merely acts as a portal through which the user can discover Tours operated by local tour operators (“Operators”) and book them online. Keteka also allows local tour operators to feature their tours for sale on Keteka. If you register on behalf of an Operator, you are indicating that you have the authority to bind the Operator to these Terms and Conditions. As such, the term “you” also applies to the Operator which you represent.

Registration

Certain features of Keteka’s services require registration. By registering, you agree to provide accurate and complete information about yourself or those whom you represent. Submission of this information is subject to our Privacy Policy. You must be 18 years or older to use the service.

Your Account Information, Password, and Security

You are responsible for the confidentiality of your account information and you login information, including your username and password. You are additionally responsible for all activities that occur under your account. You hereby agree to log out of your account after every session. You additionally agree to notify Keteka if you detect any breach of your account’s security. You can email us with any such issue at info@keteka.com. Keteka is not responsible or liable for any loss or damage that comes from failure to comply with these Terms.

Changes to the Service

Keteka reserves the right to change, modify, remove, temporarily or permanently, the Service (or any part of it) with or without prior notice. Continued use of the site is an agreement that Keteka is not liable to you or any third party for the removal, suspension, modification, or termination of the Service.

Use and Storage

You hereby acknowledge and agree that Keteka may establish limits and general practices and limitations to the use of this Service, and that Keteka may decide, on your behalf, how much storage space you are allotted on our servers. You also agree that Keteka has no responsibility or liability for the failure to store, or the deletion of any content or data maintained by the Service. We reserve the right to delete accounts that are inactive for an extended period of time and to modify our Use and Storage policy at any time, with or without notice.

Mobile Service

Although we do not have a dedicated mobile application, Keteka’s Services are available via a mobile device. On a mobile device, you may browse the site, submit content and personal information, register for services, and make purchases. When you access our Services through your mobile device, your carrier’s service charges, data rates, and other fees may apply. We are not responsible for these fees. Certain features of our site may be prohibited, altered, or unavailable through your carrier. Not all features work on all mobile devices. By accessing our Services through your mobile device, you agree to allow Keteka to communicate with you with SMS, MMS, text message, or other means in accordance with our Terms and Conditions and Privacy Policy. If you change or discontinue your mobile telephone number, you agree to inform Keteka immediately so that communications are not sent to the wrong person.

Conditions of Use

User Conduct

As a user, you are responsible for any content posted, published, emailed, displayed, or uploaded (hereafter “post”) to our Service, including text, graphics, images, data, photographs, music, sound, video (hereafter “content”). We reserve the right to remove content, suspend or terminate service for, and/or take appropriate legal action against users. Users understand and agree that Keteka shall have no affirmative responsibility to monitor or police content and shall have no liability for materials posted on the site by others. In using this service, you agree not to:

i.            Violate any local or international laws or regulations

ii.            Impersonate another identity or falsely claim to represent another identity

iii.            Promote criminal activity or provide information that facilitates criminal activity

iv.            Disrupt or interfere with our Service or servers or networks

v.            Disobey the requirements, policies, and/or regulations of networks associated with the Service

vi.            Advertise or attempt to sell or solicit any unauthorized goods or services

vii.            Solicit personal information from minors (i.e. people under the age of 18)

viii.            Obtain data, information, or materials not intentionally made available through the Service

ix.            Obtain contact information, including email addresses, for the purpose of sending unsolicited emails and other communications

x.            Infringe on intellectual property or proprietary rights

You additionally agree not to post or email any content that is:

i.            Illegal or unlawful

ii.            Threatening, harassing, abusive, or violent

iii.            Invasive of another’s privacy

iv.            Racist, sexist

v.            Hateful

vi.            Defamatory or libelous

vii.            Solicitous of any good or service not intentionally made available through the service

viii.            A virus or other type of code that intends to disrupt, attack, hack, destroy, limit, or otherwise alter the functionality of another account or computer

We reserve the right to decide what constitutes objectionable content and remove the content, suspend or terminate the account, pursue legal action, and otherwise act accordingly. We may terminate, suspend, or restrict access to your account at any time, with or without notice and are not liable to you or any third party for doing so.

User Content

When you post content to Keteka, you hereby grant Keteka and its affiliates a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service, or for the promotion, marketing, or advertising of the service, via any medium or technology now known or later developed.

You agree that any information submitted by you, including comments, reviews, suggestions, feedback, ideas, and other information (“Submissions”) is not confidential and Keteka is entitled to the unrestricted use of these Submissions for any purpose, without prior notice, consent, acknolodgement, or compensation to you.

Fees

When you make a purchase on Keteka, we will verify your purchase, but the purchase is only complete when your credit card, PayPal account, or other third party payment platform approves the purchase. We reserve the right to charge additional fees and to change any part of the payment process at our discretion, with or without prior notice. When you provide payment information in order to make a purchase, you agree to pay all fees in accordance with these Terms.

When you voluntarily provide payment and/or personal information to Keteka through use of our services, you acknowledge that you accurately represent and are authorized to use the payment instrument. Additionally, you agree to inform Keteka when account information (such as billing address, contact information, credit card number or expiration date) changes.

You must dispute any charges accrued on Keteka within 60 days or your purchase. If we terminate or suspend your account because of breach of the Terms and Conditions, you are not entitled to a refund of any kind. There is more refund information below in these Terms.

Cancellations 

All tour bookings are entitled to a full refund, unless otherwise stated on the tour page, until Keteka connects you with the tour operator of the tour. Once you are connected with the tour operator of the tour, you are not entitled for a refund, unless the tour operator cancels the tour. Many tours have unique cancellation and refund policies. If a tour has a cancellation and/or refund policy stated on the tour page, that policy takes precedent over these Terms and Conditions. For example, if the tour page states that the tour is non-refundable as soon as it is booked, then that tour is non-refundable as soon as it is booked.

Tour Operator Terms

If you are a Tour Operator selling tours through Keteka, we endeavor to send you your revenue within 30 days of completion of a Tour. Revenue is defined as gross revenue received by Keteka for sale of Tours, minus refunds, returns, taxes, chargebacks, and bad debt. We will pay all revenue to Operators in accordance with the payment information and method provided by the Operator. The Operator is responsible for maintaining up-to-date and accurate information. Operators are responsible for payment of applicable local taxes. Operators must dispute any payment within 60 days after receiving their revenue from Keteka or waive any rights concerning payment, including a claim for additional payment.

Commercial Use of the Service

This site is for your personal use and may not be used for commercial purposes. Unless otherwise authorized by us, you agree not to license, publish, reproduce, modify, sell, resell, duplicate, copy, distribute, transmit, display, or exploit any part of or access to the Service.

Personal Injuries or Loss or Damage to Personal Property
Keteka shall have no direction or control over tour activities and shall have no liability or responsibility for personal injuries or death or loss of or damage to personal property.

Tour Operator Tours and Activities

All Tours are made available, conducted, and provided by affiliated Tour Operators. Tour Operators are solely responsible for redeeming any purchased Tour. All Tours on Keteka are subject to the following terms:

i.            Duplication or reproduction of any Tour is prohibited

ii.            Sale or trade of any Tour is prohibited

iii.            Frequency of redemption is determined by Operators

iv.            Purchase and use of Tours relating to alcoholic beverages is at the discretion of the Operator and is subject to applicable laws

v.            Tours cannot be used for tips, prior balances, or taxes, unless expressly permitted by the Operator

vi.            Tours cannot be combined with other Tours unless specified by the Operator (in which case, Keteka will endeavor to clearly communicate that the Tour can be combined)

vii.            Promotions, vouchers, discounts, third party certificates, and coupons cannot be combined unless specified by Keteka or the Operator

viii.            Neither Keteka nor the Operator is responsible for stolen or lost Tours

ix.            Attempted purchase or redemption of Tours inconsistent with these Terms renders the Tour void

x.            Tours are void to the extent prohibited by law

Tour Operators agree, represent, and warrant the following:

        i.            You will fully honor and redeem all Tours

      ii.            You have all the necessary permits, certifications, licenses, and permissions to conduct your Tour

    iii.            You are solely and fully responsible for all injuries, damages, liabilities, illnesses, claims, costs, and losses suffered by customers as a result of and in association with your tour

Each and all Tour Operators hereby release, waive, and hold harmless Keteka and its partners, employees, officers, directors, and agents from any of the following in connection with the provided Tours: liability, loss, claim, injury, damages.

Intellectual Property Rights

You agree that Keteka’s Services may include content which is protected by copyright, trademark, patent, or other proprietary rights. You may not copy, reproduce, modify, sell, frame, scrape, or distribute, in whole or in part, without express permission from Keteka. You may not engage in data mining, scraping, or any other data gathering or extraction methods. You additionally agree not to copy, duplicate, reverse engineer or assemble, sublicense, or otherwise transfer any right in the technology and software (ours or our affiliate partners’) responsible for providing the Service. Any rights not explicitly granted by Keteka in these Terms are reserved by Keteka.

Third Party Material

Keteka welcomes submissions by third parties in the form of reviews, comments and other submissions. Keteka, however, is not liable for any content posted by third parties. This includes damage or loss of any kind as a result of the content posted by a third party. You agree and acknowledge that Keteka has the right to refuse or remove any content that we deem does not abide by our Terms. You agree that you bear all risks associated with the consumption of and use of any content, including accuracy, timeliness, or usefulness.

Third Party Websites

You will encounter links to third party websites on Keteka. Keteka has no control over these third party websites and our inclusion of a link to their site is not an endorsement. Furthermore, we are not liable or responsible for any issues, such as, but not limited to, loss, claim, or damage, that may have been directly or indirectly caused by third party websites.

Third Party Services

You choose to enable third party services, such as social media integration, when using Keteka, in order to enhance your experience. If you choose to do so, please read our section on Third Party Services in our Privacy Policy. Keteka is not responsible or liable for the actions and privacy policies of third party services that may be enable on Keteka.

Indemnity and Release

You agree to indemnify, release, and hold Keteka and its affiliates and their employees, officers, directors, partners, and agents harmless from any and all damages, losses, and expenses, including reasonable attorney’s fees, claims, rights, actions of any kind, injury (including death) stemming from the use of the Service, any User Content, your violation of these Terms and Conditions, or your violation of the rights of another.

General

These Terms of Service establish the entire agreement between you and Keteka, governing your use of this Service, and superseding any prior arragements between you and Keteka with regard to the Service. You may also be subject to other terms and conditions, outlined by third-party software, services, or content. It is your responsibility to check these terms before using Keteka’s Service. These Terms are governed by the laws of the State of Delaware without regard to its conflict of law provisions. With regard to any disputes or claims not subject to arbitration, you and Keteka agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware. Keteka’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that despite any statute of law to the contrary, any claim or cause of action as a result of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed or electronic version of this agreement and of any notice shall be admissible in administrative or judicial proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles in these Terms are for convenience only and have no legal or contractual effect. We may send you notices by either email or regular mail. The Service may also notify you of changes to the Terms or anything else by displaying such notices on the Service.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KETEKA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

KETEKA MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KETEKA SHALL NOT BE LIABLE FOR ANY PERSONAL INJURIES, DEATH OR LOSS OF OR DAMAGE TO PERSONAL PROPERTY, OR FOR ANY INDIRECT INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KETEKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL KETEKA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KETEKA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Arbitration

At Keteka’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration. Unless otherwise agreed by the parties, arbitration will be held in Delaware, before a single arbitrator mutually agreed upon by the parties. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Privacy

By using Keteka, you also consent to our Privacy Policy. Please refer to the Privacy Policy for details.

Contact

You may contact us with questions, comments, suggestions, and feedback at any time at info@keteka.com