Tems and conditions

General Terms and Conditions - RUSHKULT

RUSHKULT is a sole proprietorship incorporated under Dutch law (eenmanszaak) and registered at the Dutch chamber of commerce under registration number 67744419 and its registered address is at Van Bossestraat 32-3, 1051 JZ in Amsterdam in the Netherlands.

On the RUSHKULT Website (the Website), www.rushkult.com, you can find, compare and book, travel experiences all over the world (the Service). In using the Platform, you can view all offers published by Partners (the Partners), submit requests (the Requests) with the Partners, make a reservation (the Reservation) for such Experience Offers and write reviews. A Reservation placed through the Platform forms a binding agreement between you and the Partner if the Partner accepts your Reservation. Requests, however, are non-binding.

If you have any questions regarding the General Terms and Condition or our service, I would like to hear from you personally. Contact me at heino@rushkult.com.

Heino Maitimu

Founder of RUSKULT

Article 1 - General

1. These General Terms and Conditions (the Terms) apply to all kinds of use of the Website www.rushkult.com (the Website) and all subdomains. The Terms apply to services we offer as well.
2. The Terms apply to every user of the Website.
3. On request, we will send you a copy of the Terms, free of charge. The Terms are available on the Website as well.
4. If a part of the Terms is inapplicable or invalid, it does not affect the validity of the rest of the Terms. The invalid part shall be replaced by a provision that, as far as possible, is in accordance with the invalid provision.
5. We reserve the right to change these Terms from time to time. By using our Website, you agree that the most recent version of our Terms applies. Deviations from these Terms only apply if we accept them in writing.

Article 2 – Using the Website

1. You may not use the Website in such a way that it conflicts with Dutch law, or any other applicable law or regulations.
2. You may not:
1. use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the Platform or make it unavailable or inaccessible;
2. deliberately use manual or automated software, devices, or other processes to "crawl", "spider" or scrape any content on the Platform;
3. reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
4. remove and/or to circumvent security measures or technical limitations (including limitations to the use) of the Platform.
3. You may not use the Website to share or spread:
1. Movies, pictures or other media with pornographic content;
2. Texts or images that are offending, racist, discriminating of inflammatory;
3. Unwanted advertising (spam);
4. Wrong or misleading information;
5. Viruses, malware, spyware or other software which is meant to cause damage to our computers or the computers of other users.
4. You may not create an account that is registered to someone else’s name or act as another person in any way.
5. You shall maintain secrecy on all received personal data from other users. Also, you may not misuse this data in any way.
6. You may not approach other uses of the Website for other (commercial) purposes than intended by us.
7. If you want to report a user that is misusing the Website, you can send a message to info@rushkult.com.

Article 3 - The Platform

The goal of the Website is to provide a platform where Partners and customers can get in touch with each other. We are not a party to the agreements between you and other users. Therefore, we are not responsible for those agreements in any way.

You and the Partner are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation. To view, change or cancel your Reservation, please refer to your confirmation email, where you will find all relevant instructions.

RUSHKULT takes full responsibility of all payment transactions including refunds, cancellations and disputes.

Article 4 – Availability of the Website

1. We shall to make and keep the Website available on a best efforts basis.
2. We do not guarantee that the Website works without errors or is available at all times. We are therefore not liable for damages resulting from an error or lack of availability, from the Website.
3. Furthermore, we are not liable for damages caused by wrong, incorrect or unclear information on the Website.

Article 5 – User account

1. You must keep your credentials confidential from others. You shall keep your password secret. We assume that all activities from your account are done by you or under your supervision.
2. If you know or suspect that your account is being misused, you are obliged to notify us as soon as possible. We will take appropriate measures.

Article 6 - Pricing

1. We offer the Service on our Website free of charge.
2. Prices for travel experiences need to be paid to a Partner that offers the experience via our Website.
3. Prices for travel experiences are subject to changes made by the Partner.
4. Partners pay RUSHKULT a commission fee for paid bookings.

Article 7 – Reservation and cancellation

If you wish to make a Reservation or a Request with a Partner via our Website, you need to agree to the terms and conditions of that Partner. The payment and cancellation policy of that Partner applies to you Request or Reservation.   

Article 8 - Exclusion

We reserve the right to exclude users the access to the Website or (a part of) the Service. We can always delete accounts for any reason, as well. If we decide to exclude you or delete your account, we are not liable for any damage you might suffer from this.

For example, we can exclude you of the Service by:

• Deleting your account;
• Blocking you from certain parts of the Service.

Article 9 – Non-disclosure

We are obligated to keep your confidential information secret. We understand ‘confidential information’ to be all information of which you indicated the confidentiality or information that has a confidential nature. We only disclose your personal data (according to the Dutch Personal Data Protection Act – Wet bescherming persoonsgegevens) if necessary to properly provide the Service.

Article 10 – User Conflict Resolution

1. In the (unfortunate) event of a conflict between you and another user, you have to settle your dispute yourselves. RUSHKULT reserves the right to remain first point of contact towards customers and represent the customer towards Partners in the case of any complaints, conflicts or questions occur.
2. We are not obligated to assist in resolving conflicts between users. Nevertheless, we will do efforts to be of assistance when a conflict arises.

Article 11 - Liability

We are not liable for:

1. Direct or indirect damages that you might suffer as a consequence of the use of our Website, whether based on warranty, contract or any other legal theory;
2. Direct or indirect damages that you might suffer, resulting from (wrong) information on the Website, whether the information is coming from us or third parties;
3. Damages that result from third-party faults or interruptions in the availability of the Website duet to circumstances beyond our control.

Article 12 - Indemnity

By using the Website, you indemnify and hold us harmless from any claims, liabilities, damages, losses and expenses from third parties, as a consequence of the use of our Service. However, this limitation of liability does not intend to exclude our liability in case of wilful misconduct or gross negligence.

Article 13 – Intellectual property rights

1. By uploading any type of content to the Website you give us a license to use that content. This license shall be:

• Non-exclusive;
• Free of charge or costs;
• Transferable;
• Worldwide.

1. By using the Website, you declare that:

• You have all the (intellectual) property rights on the information and media you upload on the Website; or
• You are authorised to share the content and grant a license for the information and media you upload on the Website.

1. You may not share, sell or in any other way exploit any content of the Website.

Article 14 – Dispute Settlement

In the event of a dispute between you and us, Dutch law applies. All disputes shall be submitted to the competent court of Amsterdam.

RUSHKULT
Van Bossestraat 32-3
1051 JZ, Amsterdam
The Netherlands

www.rushkult.com

Last updated: June 19 ^th , 2017