Terms, Conditions and Notices

Your use of this website is subject to your irrevocable acceptance without modification of these terms and conditions (the 'Terms') and you agree to use this website in accordance with and subject to these Terms. The Terms as set out hereunder constitute the entire agreement between you and Kumutu Inc (trading as 'Kumutu.com'). If you do not accept these Terms, do not use this website. By accessing any part of Kumutu.com website, you consent to be bound by these Terms.

The Legal Version

1. Definitions

   In interpreting these Terms and Conditions of Use:

   1. 'PROVIDER' or 'Activity Provider' means any supplier of the activities offering their products and services on this Website;
   2. 'TERMS' and 'TERMS AND CONDITIONS' mean these Terms and Conditions of Use;
   3. 'CUSTOMERS' means any person who attempts to or has made a reservation at this website (also referred to as 'YOU', 'YOUR' and 'YOURSELF');
   4. 'USERS' means any person who uses this website. (also referred to as 'YOU', 'YOUR' and 'YOURSELF');
   5. 'WE', 'US', 'OUR', 'OURSELVES' and 'KUMUTU' mean Kumutu Inc;
   6. '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;
   7. the use of the singular includes the plural and the use of the plural includes the singular; and
   8. the headings are only for convenience and not for interpretation.

2. Acceptance of Terms

   1. The Kumutu website is managed by Kumutu Inc. By accessing and using any part of this website, you as a user agree to be bound by these terms. If you do not agree to be bound by all of the following terms, please do not access or use this website.
   2. We may change these terms from time to time and so you should check these terms regularly. Your continued use of this website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should stop using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on this website, then the latter shall prevail.

3. Privacy Policy

   1. We are committed to respecting the privacy of all our visitors. Your email address, password and date of birth are never visible to the general public. We will not pass on or sell any of your personal information to third parties, it is strictly used for the functionality of this Website.
   2. We may collect, store and use information submitted by the users to process registration. This information may be used by us to communicate with you relating to your Website visits.
   3. We do not store credit card information or have access to your credit card information. Payments made on this site are made through a partner payment gateway and credit card information is sent directly to the gateway partner.
   4. We may use general information regarding Website usage to improve this Website and develop its features. This general information may also be made known to third parties. These statistics are solely for informative purposes and will not include information to identify an individual.
   5. We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
   6. By the very nature of the internet, information that is publicly visible on-line might appear in search engine results or be linked to by other Websites.
   7. If you feel that your privacy is being abused in any way by us or by others whereby we could intervene or help, please contact us and we will use all commercially reasonable efforts to determine and correct the problem promptly.

4. Price, Price Changes, and Best Price Guarantee

   1. Prices are per person, unless otherwise specified. Prices are based on the local tariffs at the time of quoting converted at the prevailing foreign exchange rate. Price quotations are subject to change without notice until a reservation has been confirmed.
   2. As we act only as agent for our Activity Providers, we and our Activity Providers reserve the right to change, amend or correct prices shown on our site at any time.
   3. We want you to pay the lowest price possible for your activity. Should you book and activity marked with a Best Price Guarantee and later find your activity, with the same provider, booking conditions, dates, and times, at a lower rate after you have made a booking through us, our activity providers will match the difference between the rate listed on our website and the lower rate under the terms and conditions of the Best Price Guarantee.

5. Making a Reservation

   1. On making a reservation, you shall pay a non-refundable deposit being a fixed percentage of between 5 and 20 per cent of the total value of your reservation. You will be responsible to the Activity Provider for payment of the balance of the cost of the product and/or services reserved by you together with the payment of charges for any additional products and/or services subsequently contracted for with the Activity Provider and, where applicable, payment of the Activity Provider's service charges and taxes pursuant to the terms and conditions of trade applied by such Activity Provider.
   2. You must use a credit card or debit card to guarantee a reservation. By making a reservation with your credit card or debit card, you agree that in the event that you cancel your reservation in less time than specified in the cancelations terms from the specified time or date of arrival, or that you fail to arrive by the specified time and date, you authorize the Activity Provider to charge your credit or debit card without further reference to you an amount as may be set out in the Activity Provider's terms and conditions that will not exceed the total price of the activity. Your non-arrival by the agreed time and date may result in the cancellation of your entire reservation.
   3. In the event that a supplier denies, or does not confirm your activity within 48 hours your credit card will not be charged.
   4. Please check your reservation details carefully to ensure that any related travel and/or other arrangements coincide with the dates you have reserved with the Activity Provider as we and the Activity Provider will not be liable for any costs incurred as a result of any mistakes by you.
   5. Any amendments to your reservation must be notified to and agreed with the Activity Provider directly.
   6. It shall be your responsibility to disclose to the Activity Provider any health, physical or mental condition to which you or a member of your party is subject to and of which the Activity Provider should be notified and which may require special facilities.

6. Confirmation of Reservation

   1. We will issue the reservation confirmation on behalf of the Activity Provider for each reservation, but do not undertake to include charges for additional services or details of the service charge or taxes charged by the Activity Provider.
   2. We strongly recommend you check and confirm with the Activity Provider the precise terms and conditions upon receipt of the reservation confirmation. The reservation numbers included on the reservation confirmation should be quoted in all enquiries, cancellation or modification of the reservation.

7. Cancellations

   1. We do not accept responsibility for cancellations by you or by the Activity Provider regardless of the circumstances in which the cancellation is made.
   2. We shall not accept any liability for losses, additional expenses or any claim whatsoever due to changes in accommodation or other travel services, sickness, weather, strikes or any other cause. All such losses, additional expenses or claims will be borne by you unless otherwise agreed between you and the Activity Provider.
   3. You may cancel your booking no less than what is stated in the activity provider's Terms and Conditions which is at a minimum twenty-four hours but may be as long as 14 days. Please refer to the activity provider's Terms and Conditions as shown on the provider's profile and on your booking confirmation. Please make any cancelation directly with the relevant activity provider and notify Kumutu.
   4. If you cancel the activity before the cancelation cut off date, a cancellation credit in the amount of your booking deposit paid will be applied to your account on Kumutu.com identified by the email address used to process your initial booking. Cancellation credit can be used for any future booking on this website and must be used within six months from the cancellation date.
   5. In the event where an activity is cancelled by the Activity Provider due to circumstances beyond the Activity Provider's control, including weather related issues, and all other alternative options to replace a cancelled service by the Activity Provider have been exhausted, your credit card will be refunded in the amount of your booking deposit paid.

8. Registration & Responsibilities

   1. In order to use selected areas of this website, you may be required to register with Kumutu. When you register with this website, you agree to submit only true, accurate, complete and current information about yourself.
   2. You will maintain your own password protected area of the site and are responsible for any acts that happen and/or information that is posted there and agree that this will comply with these terms.
   3. You confirm that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your login information.
   4. You agree that you will not use this Website to:
      • post or transmit any content that is unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material;
      • post or transmit any content that would be against your employer's regulations, rules or will;
      • advertise or promote any products or services;
      • post or transmit any surveys, contests, pyramid schemes, spam or chain letters;
      • impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
      • intentionally inflate product, service or member ratings for the purposes of falsely representing the quality of any product, service or member on the site;
      • harm minors;
      • stalk or harass another individual;
      • collect or store personal data about other users; or
      • violate any applicable local, state, federal, or international law or regulation.
      • encourage users to leave or direct users away from this Website
   5. You further agree that you will not use any robot, spider, screen-scraper or other automated device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to copy any of the web pages, data or content from this Website. In the case you are unsure if this applies to you, please obtain written permission from us prior to publishing such content elsewhere.

9. Activity Providers

   1. Activity Providers listed on this site have agreed to their own set of activity provider terms and conditions.

10. Misuse and Termination

    1. We reserve the right to modify or delete any contribution, or take action against any user account, at any time, for any reason.
    2. In the case you violate these terms, we have the right to block, suspend or terminate your account and refuse you access and membership to this website without any further notice.
    3. If you are aware of any possible misuse of this website or any other actions or content which might be in breach of these terms, please notify us.

11. Purchases and Reservations for Products and Services

    1. You agree to abide by the terms or conditions of purchase imposed by any activity provider with whom you select to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

12. No Resale of Service

    1. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

13. Disclaimer

    1. This website and material relating to information, products and services (or to third party information, products and services), is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, completeness and accuracy.
    2. We do not warrant or represent that the functions contained in the material available on this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy or reliability of the materials.
    3. In no event will we be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, or loss of profits, arising out of or in connection with the use of this website, or reliance on its content.
    4. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
    5. This website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.
    6. The material on this website may include the views or recommendations of third parties, which do not necessarily reflect the views of Kumutu Inc, or indicate its commitment to a particular course of action. We assume no responsibility or liability arising in respect of any such third party material.

14. Liability

    1. We make all reasonable efforts to ensure that all credit card and debit card transactions are secure. However, if unauthorized charges appear on your credit card or debit card statement for any card used on this website at any time during or after you make your reservation, conduct your transaction or disclose your card details on this website, we shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, subject only to any statutory rights which you may have.
    2. We act only as a booking agent for the relevant supplier of any product or service on the reservation and we have no liability of any kind whatsoever to you or your party or dependents for any death, personal injury, loss, consequential loss or damage of any kind you or your party or your dependents may suffer unless caused by our own negligence. Kumutu, our servants, employees or agents are acting either as agents for the relevant supplier or as agent for you and your party. Kumutu, its agents and suppliers also accepts no responsibility or liability whatsoever for any government restraints, acts of war and terrorism, weather conditions, or for any misadventure or casualty or any other force majeur or causes beyond their control. Subject to the Terms and Conditions on this site, our liability shall be limited to up to the price paid for the reserved arrangements.

15. Links and Advertisements

    1. Links on this website will lead to other websites which are not under our control. We are not responsible for the content of any linked site. Listing and linking should not be taken as an endorsement of any kind and we accept no liability in respect of the content. If you access these websites you do so at your own risk.
    2. Products and services offered for sale or advertised, and other information found on this website, may be the products, services and information of third parties. Third party products and services are not provided by us. We provide an interactive environment in which users who are interested in sourcing products or services may find information about them on this website. If you purchase third party products and services, your legal relationship will be with the third party supplier and not with us. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved. We may receive fees or commissions from third parties for such products and services. We make no representations about the accuracy or suitability of the information provided on this website. The information is provided 'as is' without express or implied warranty. You use the information at your own risk and therefore agree to indemnify us against any security breaches or any other problems that arise from payments through third party sites. We do not control the legality, quality, safety or timeliness of any product or service that is purchased as a result of the use of information contained on this website.

16. Intellectual Property

    1. By submitting material and content to this Website, you are acknowledging that you are fully entitled to do so and that the material is your own or you own the rights to use that material.
    2. By submitting material and content to this Website, you are granting us a non-exclusive, royalty-free, non-terminable license right to copy, modify, show in public and create derivative works from that material in any form, anywhere. You will not be paid for granting us these rights. We do not claim ownership of any content you have uploaded.
    3. All copyright, trademarks, and any other intellectual property rights in and relating to this Website, are licensed to or owned by us. As a user or member of this Website you agree not to copy, reuse or embed any information, whether belonging to us or owned by third parties affiliated to us, found on this Website without the written consent from us. You are not permitted to incorporate pages from this Website in framesets on your site without notifying visitors of your site that the ownership of the information lies with us.
    4. We agree not to sell any content uploaded by you, without express prior permission from you.

17. Trademarks

    1. 'Kumutu' is a trademark of Kumutu Inc. You agree not to display or use in any manner any marks of Kumutu without Kumutu Inc's prior permission. Third party trademarks, service marks, logos and trade names appearing on the Website are the property of their respective owners.

18. Miscellaneous

    1. The relationship between you and us is not one of agency or partnership and you will not be deemed to be our partner, employee, agent or representative by your use of this Website. We reserve the right to assign or subcontract any or all of its rights and obligations under this agreement. You may not assign, dispose of or transfer your rights to any third parties without the written consent from us.
    2. You agree that by posting any information or submitting any data to this Website, you are of an age to understand these Terms and any implications these might hold for them.

19. Indemnity

    1. You agree to indemnify, defend and hold harmless Kumutu, its officers, directors, shareholders, affiliates, employees, consultants, agents, licensors, content providers, activity providers and suppliers from any and all claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) arising from your failure to comply with these Terms, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, member content provided by you or from your violation of any applicable law.

20. Variation

    1. We reserve the right to change the functionality of this Website. We may add, delete or stop offering content, functions and/or any other part of this Website at our own discretion at any time.
    2. We may at any time revise these terms and conditions without notice. Please check regularly. The terms governing your use are based on what is in effect at your time of use. Continued use of this website after a change has been made is your acceptance of the change. These terms were last modified on the date specified at the end of this document.

21. General

    1. You may only use this site for lawful purposes and in accordance with these terms and conditions. The person making the reservation shall be deemed to have accepted the reservation conditions on behalf of all the persons named in the reservation. A binding contract exists between you and our suppliers when we send your invoice on the supplier's behalf to the person making the booking; the terms and conditions of the relevant suppliers will then apply.
    2. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
    3. None of our agents, employees or representatives has authority to alter, modify or waive any provisions of these terms and conditions.
    4. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
    5. If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.
    6. We do not represent or warrant that the information and terms and conditions available on this site are appropriate and/or available for use in other jurisdictions and access to the to the site's information and terms and conditions from jurisdictions where its contents are unlawful is prohibited.

22. Governing Law

    1. These terms and conditions shall be governed by and construed in accordance with the laws of the California and the United States of America. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of California in the United States of America.

23. Contact

    If you have any questions, please user our contact form or contact us at:

    Kumutu Inc, 400 West Ventura Blvd, Suite 100, Camarillo, CA, United States of America

Last updated on 15 August 2011