Terms and Conditions for Suppliers
THIS AGREEMENT between
Kumutu.com (hereafter referred to as Kumutu)
whom is located in California, United States of America
You (hereafter referred to as the "Supplier")
- In interpreting these Terms and Conditions of Use:
- 'TERMS' and 'TERMS AND CONDITIONS' mean these Terms and Conditions;
- 'USERS' means any person who uses this website;
- 'LICENSEE', 'ACTIVITY OPERATORS', 'OPERATORS' and 'SUPPLIERS' mean any person or organization who registers with Kumutu to sell their products and services (also referred to as 'YOU', 'YOUR' and 'YOURSELF');
- 'CUSTOMERS' mean any person who makes purchases or reservation for a product or service at this website;
- 'WE', 'US', 'OUR', 'OURSELVES' and 'KUMUTU' mean Kumutu Inc;
- 'WEBSITE' means the internet site kumutu.com provided by us for the purpose of customers making online reservations and purchases and to access information available on the site;
- the use of the singular includes the plural and the use of the plural includes the singular; and
- the headings are only for convenience and not for interpretation.
- In interpreting these Terms and Conditions of Use:
- The terms in this Terms and Conditions for Supplier only apply to activity operators who have registered with this site.
- KUMUTU AGREES:
- To provide Information Technology services to the Supplier such that the Supplier's product may be purchased online over the internet by third party customers.
- To only charge the Lincensee a comission of the booking request if the Lincensee has selected an activity to be available for online booking.
- That the Customer's credit card will be debited for a deposit amount upon booking, and the credit card details will be made available to the Licensee so that the balance due in respect of the product on arrival of the Customer, or the charge for first night stay or first day of activity in the event of a no-show by the Customer may be deducted by the Licensee in accordance with Kumutu's terms displayed on its websites.
- To promote the Supplier's product on some or all of its websites and through its network of affiliates.
- THE SUPPLIER AGREES:
- To make sufficient product available to Kumutu such that visitors to Kumutu's sites will have product available for purchase.
- To honour all bookings made through the Kumutu network. This includes especially purchases and reservations made for special event periods.
- To perform checks as necessary to ensure that all bookings taken by Kumutu are processed correctly such that the Customer receives the product purchased.
- That the deposit retained by Kumutu (the 'Deposit') will equal the charge for the IT services provided by the company and that no further monies will be collected from Kumutu.
- The Deposit retained by Kumutu will be between a minimum of 10% and a maximum not exceeding the lower of 20% or the agreed maximum commission.
- The Deposit excludes value added tax (charged at the applicable rate) which the Licensee will reimburse to Kumutu. Where applicable, value added tax will be invoiced on a bi-monthly basis. This is only applicable to Licensees in the United Kingdom.
- That in the event of the Supplier not honouring any booking, the Supplier shall find an equivalent product for the Customer without recourse to Kumutu.
- To charge the Customer the remaining balance upon arrival or up to 2 weeks before the activity start date, the balance being the difference between the full price quoted on the internet and the Deposit retained by Kumutu.
- To charge the Customer, at the Licensee's discretion, only in respect of the first night's stay or first day of an activity in the event of a failure of the Customer to arrive.
- That the Licensee is responsible for updating and maintaining the pricing for its product through the Kumutu Dashboard and that the Licensee is responsible for any data entry errors which may arise in respect of pricing. This includes ensuring that correct pricing and availability is displayed for special event periods.
- If the Licensee has selected this activity to be "best price garaunteed", the Licensee will not offer this activity at a lower price elsewhere. If the customer is able to find a better price elsewhere, the Lincensee is required to honor that lower price. Kumutu will retain the original Deposit of the price upon booking.
- That Kumutu has no responsibility to the Customer for the making of bookings and that bookings are agreements between the visitor and the activity provider and that the Licensee shall indemnify Kumutu in respect of loss and damage arising from any Customer claims.
- To respond in a timely manner in relation to any queries.
- CONTENT PROVIDED BY THE SUPPLIER
- The Supplier warrants that
- any content which relates to the Supplier's product (including information, reviews, videos and photographs) provided to Kumutu by the Supplier (the "Content") is owned by the Supplier; and
- the Content is true, accurate and not misleading.
- The Supplier hereby grants Kumutu (and any sub-licensee of Kumutu):
- a royalty-free license to use the Content; and
- to distribute your products and services information to sub-licensees of Kumutu, which includes third party organizations such as websites and travel agents.
- The Supplier agrees to indemnify and hold Kumutu and its sub-licensees harmless in respect of any claim by any third party arising from the use of the Content by Kumutu or its sub-licensees.
- Kumutu reserves the right to alter or edit any content provided by the operator excluding availability dates and prices at any time with or without notifying the operator. Kumutu may add, delete or suspend an operator's content at any time with or without notifying the operator.
- The Supplier must not include any links, URLs, phone numbers, or email addresses to content available off this website unless directly specified to provide that information in the given field. This includes but is not limited to descriptions, names, or images used on or added to this website.
- The Supplier agrees not use this Website to:
- post or transmit any content that is misleading, irrelevant, unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material;
- impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
- intentionally inflate product, service or ratings for the purposes of falsely representing the quality of any product, service or user on the site;
- violate any applicable local, state, federal, or international law or regulation.
- The Supplier warrants that
- The Information Technology services are provided by Kumutu on an 'as is' basis. Kumutu makes no representations, warranties or undertakings with respect to the services provided under this agreement. To the greatest extent permitted by applicable law, all representations, warranties and conditions, express or implied, statutory or otherwise, are hereby excluded, including without limitation warranties as to quality or fitness for a particular purpose.
- Kumutu shall have no liability to the Licensee for loss or damage arising out of or in connection with this agreement, including but not limited to loss of data, income, profit or opportunity and third party claims, or for any indirect or consequential loss or damage.
- Either party may terminate this agreement by giving not less than 28 days written notice.
- Any outstanding reservations must be honoured by the Supplier notwithstanding termination of this agreement.
- The Supplier undertakes on termination of this agreement to cease using and to refrain from further use of any software or service provided by Kumutu.
- Kumutu reserves the right to terminate this agreement with immediate effect in the event of either
- the Supplier's average rating by Customers on the Kumutu website falling below 50% (fifty per cent); or
- failure by the Supplier to comply with the terms of this agreement.
- Kumutu reserves the right to change the functionality of this website. Kumutu may add, delete or stop offering content, functions and/or any other part of this website at our own discretion at any time.
- Kumutu may at any time revise these terms and conditions by giving a 28-day notice to Suppliers, during which the Supplier may choose to accept or terminate this agreement. Continued use of this website after the 28-day notice period is your acceptance of the change. These terms were last modified on the date specified at the end of this document.
- This agreement is personal to the Licensee and may not be assigned, sub-contracted or otherwise transferred in whole or in part without Kumutu's prior written consent. Kumutu and the Supplier are independent contractors and nothing in this agreement shall render them partners, joint ventures or principal and agent.
- GOVERNING LAW
- These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If you have any questions, please contact ususing our contact form.
We strive for the best terms and conditions for conducting business with our suppliers. If you feel we could improve our terms and conditions, please contact us.
Last updated on 23 April 2015