TERMS OF SERVICE

Terms & Conditions

About Us

Who we are. We are Redeam, Inc., a Delaware corporation, with a principal address of PO Box 7295, Broomfield, Colorado 80021, operating as “Redeam” (“Redeam”, “we”, “our”, “us”). You can reach us via our website www.redeam.com.

Redeam provides tour and activity online software including bookings, inventory management and, customer relationship software (the “Redeam Platform”). This agreement (“Agreement”) binds you as a user of the Redeam Platform. This Agreement contains the terms and conditions that govern your access to and use of the Redeam Platform and Services and is made between Redeam and you. You represent that you are legally entitled and able to enter into this Agreement and, where you are signing up on behalf of another legal entity, that you have the legal authority to bind that entity. 

We operate and are responsible for the Redeam Platform, which helps you purchase products and services such as tours, attractions and activities (the “Service”).

How we do it: Redeam as intermediary 

We facilitate an agreement via the Redeam Platform between you, the customer (the “User”), and an attraction, tour or activity operator (the “Supplier”). Our contractual relationship with you (and the relationship between you and our sub-agents) is therefore limited to the correct referral of your confirmation of the order intended for the Supplier with whom you would like to enter into the Agreement (the “Order”) and the transfer of data we receive via our sub-agents and other business partners. 

These Terms And Conditions

Read, understand, and accept. These terms and conditions, together with our Privacy Policy [https://redeam.com/privacy-policy/], apply to all products and services offered on the Redeam Platform. By accessing and using the Redeam Platform, you (meaning: the visitor or user being a natural adult person, or an underage natural person acting with explicit permission of an adult natural person, and able to enter into legally binding agreements) acknowledge to have read, understand and agree with our Privacy Policy and these terms and conditions. Where relevant, you are responsible for acknowledgement of and compliance with these terms and conditions by others who visit or use the Redeam Platform in connection with you. Specific terms and conditions may apply for certain products and services offered via the Redeam Platform.

What You Can Expect From Us

No offer by Redeam or Supplier. The information on the Redeam Platform is for general informational purposes and does not constitute an offer that binds Redeam. Upon your selection of the desired products or services offered by the Supplier, we show you the information about these products and services, which information you can then use to submit an Order.

Quality of information. We aim to ensure an overall high quality of the information published on the Redeam Platform, although we do not warrant in any way that all information is correct, complete, up-to-date, accessible and tailored to specific customer needs. We also may change, add or remove any information on the Redeam Platform at our sole discretion.

Order Amount. We state the total value of the Order (the “Order Amount”), which includes fees, discounts and all applicable taxes, in the checkout. Special conditions may apply to the Order Amount, as displayed by the Supplier.

Payment. Following the Order, we show the available payment methods in the payment process and facilitate such process on behalf of the Supplier with our payment service provider. If we, via our payment service provider, do not receive authorization for your payment of the Order Amount, we will notify you that the transaction has failed.

Fulfilment of the Order. We do our best to deliver the admission tickets related to the Supplier’s products or services (the “Tickets”) to you as soon as possible after successful payment of the Order. However, if it turns out the Supplier is unable to provide the Tickets, the Supplier is entitled to modify or cancel your Order, following which the Order Amount may be refunded in accordance with the Supplier’s terms and conditions.

Limitation of liability. All usage of the Service and the Redeam Platform is at the User’s own risk. Neither Redeam nor its affiliates, nor any of their respective officers, directors, members, shareholders, employees, agents, third party content providers, or licensors warrant that the Service will be uninterrupted, timely, secure or error-free, nor do they provide any warranty as to (a) the results that may be obtained from the use of the Service including their accuracy, reliability, quality, adequacy, timeliness or authenticity; or (b) the accuracy, reliability, quality, adequacy, timeliness or authenticity of any advertisements, information, services, products, merchandise and/or other material that is purchased through or provided via the Service. The Service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose.

In no event will Redeam, or any person or entity involved in creating, producing or distributing the Service, be liable to the User or any other person or entity for any indirect, incidental, special, punitive or consequential damages, or loss of profit or revenue arising out of the use of or inability to use the Service. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action regardless of whether Redeam had notice of the cause or such cause was foreseeable. These disclaimers and limitations shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of these Terms of Service.

The User agrees to indemnify and hold harmless Redeam, its affiliates, respective officers, directors and employees, from and against any and all claims of third parties relating to, arising out of or resulting from use of the Service, other than claims arising from gross negligence or willful misconduct of Redeam, its affiliates, respective officers, directors and/or employees.

By using the Service and thereby agreeing to these Terms of Service, the User acknowledges that it has not relied on any prior representation, warranty or other assurance made by or on behalf of Redeam and waives all rights and remedies which might otherwise be available to the User in respect of such representation, warranty or other assurance, provided that nothing in this clause shall exclude or limit any liability for fraud.

The liability of Redeam is at all times limited to the use of the Redeam Platform and the facilitation of the Agreement and will never extend to any damages suffered in relation to the use of the products or services provided by the Supplier. Any damages for which we are liable will not exceed the total Order Amount.

No guarantee or warranty. We do not provide you with a guarantee or warranty relating to (i) the availability, uninterrupted functioning, quality or completeness of the Redeam Platform; (ii) the information included on the Redeam Platform, which is solely displayed for information purposes, including the availability of Tickets, currency conversion rates, in particular that this information is correct, complete, and up-to-date; (iii) third-party content or websites that may be available through or linked to the Redeam Platform.

No guarantor position for Supplier’s products or services. We do not assume any responsibility or liability for the products or services offered by the Supplier under the Agreement or information relating to such products or services, or the data forwarded via the Redeam Platform to you by the Supplier or third parties. In addition, Redeam does not, should not be seen as, recommending or endorsing the quality, service level, qualification or rating of the Supplier or any of its products or services.

What We Expect From You

Correct and complete details. The details you provide via us to the Supplier (including but not limited to name, email, phone number) must be correct and complete. The Supplier may withdraw from the Agreement at any time in case of any failure to provide correct or complete information.

Personal and non-commercial use. The Redeam Platform is made available to you for personal and non-commercial use only. This includes (but is not limited to) the reliance on offers, best price guarantees or the use of discount codes. You or anyone affiliated with you are not allowed to buy, resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any part of the Redeam Platform (including content, information and software) for any commercial or competitive activity or purpose without our explicit written approval. If you link to any part of the Redeam Platform, you are obligated to remove such link immediately upon our request.

Respect our intellectual property. The Redeam Platform is protected by rules and regulations with respect to copyright, trademark, unfair competition and other intellectual property rights. All materials on the Redeam Platform, including but not limited to text, data, images, video, audio, logos, code and any other materials, either belong to us or are licensed to us. Your access to and/or use of the Redeam Platform does not grant you any intellectual property rights to publish, store, reproduce or otherwise use any of the intellectual property rights with respect to any materials for commercial or out of the ordinary personal use without explicit written permission. 

Your Agreement With The Supplier

Payment of the Order Amount. Each Order requires payment by you of the Order Amount. Redeam collects the Order Amount in the name and on behalf of the Supplier.

Binding Agreement. The Agreement is binding between you and the Supplier when the Order is accepted by the Supplier, which is evidenced by your receipt of the Order confirmation email and receipt of Tickets via us.

No statutory right of withdrawal. The statutory legal reflection period and the right of withdrawal (as included in the EU Directive on distant sales) do not apply to contracts for services to be performed on a specific date or within a specific period, including Tickets offered via the Redeam Platform.

Cancellations, changes and refunds. When the Agreement is binding between you and the Supplier, your request for a change of date or time of the Tickets, cancellation of the Agreement or a full or partial refund of the Order Amount should be directed at Redeam, and can be facilitated at the sole discretion of Redeam. There is no statutory obligation forcing Redeam to facilitate such request. The applicable possibilities relating to cancellations are communicated via the email related to the delivery of the Tickets that was sent to you. If granted by the Redeam, cancellations, changes or requests will be processed via Redeam.. Refunds may not be possible for all tickets or from all Suppliers, and refund amounts may not include any applicable Ticket Processing fee, Booking fee, or similar charge.

Supplier terms and conditions. These terms and conditions include terms and conditions of the Supplier and apply to the Agreement. Additional terms and conditions may apply to use of the product or service provided in relation to the Agreement. These terms and conditions of the Supplier also apply for Orders via Redeam’s affiliates or other partners. By accepting our terms and conditions, you also acknowledge to have read, understood and agreed with the applicable terms and conditions imposed by the Supplier.

Use of the Ticket. Use the Tickets you purchase via us on the date and time as indicated on the Ticket and only for yourself and those family members, friends, colleagues or other companions for whom you placed the Order. Commercial reselling of Tickets is not allowed and results in Tickets being made void.

Requirements imposed by Supplier. The Agreement may require you to, among others, be present at a certain point at a certain time, wear a certain outfit, abide by certain hygienical standards, to ensure appropriate insurance coverage (which is not included in the Agreement) or bring your ID. You are responsible for meeting all requirements imposed by the Supplier, failing which the Supplier may deny you access (or similar) without facilitating the cancellation of the Order, the changing of the Tickets or the whole or partial refund of the Order Amount.

Communication with the Supplier. To ensure swift processing and communication via the supplier’s dedicated channels, any questions, requests or input you may have relating to the Agreement will be communicated by you to Redeam’s customer service agents.

Liability of the Supplier. The liability of the Supplier under the Agreement for the products or services provided to you, may be limited based on the Supplier’s terms and conditions that apply to the product or service related to the Agreement or to the extent permitted by the laws and regulations that apply to the Supplier.

Privacy 

We respect your privacy and the protection of your personal data against unauthorized use. We may share your data with the Supplier if required for performance under the Agreement and conditional on the Supplier’s commitment to comply with our privacy standards that ensure adequate protection of your personal information. Please refer to our Privacy Policy [https://redeam.com/privacy-policy/] for more information. Before you place your Order, we always ask you to read and accept both these terms and conditions and the privacy policy published by the applicable Supplier, reseller, marketplace or other intermediary. Notwithstanding anything in the Privacy Policy, Redeam will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from your access to and use of the Redeam Platform or any Services. To the extent any such non-personally identifiable data or information is collected or generated by Redeam, the data and information will be solely owned by Redeam and may be used by Redeam for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof. 

Final Provisions

All terms and conditions. These terms and conditions represent all terms and conditions for your use of our platform. The use of the product or service provided to you by the Supplier is subject to the applicable terms and conditions of the Supplier.

Governing law. These Terms of Service and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the State of Delaware, USA. Each party hereby consents to the exclusive jurisdiction and venue of courts in Delaware, USA and stipulates to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Services. All claims against Redeam arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the State of Delaware. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Nothing in this clause shall limit the right of Redeam to take proceedings against a User in any other court, or courts, of competent jurisdiction. The foregoing shall not apply to the extent that applicable law in a User’s country of residence requires application of another law and/or jurisdiction.

Changes to these terms and conditions. We can change these terms and conditions at any time. The latest version of these terms and conditions is available on our website and apply to your Order on Redeam account. We will publish any material changes to these terms and conditions via the appropriate channels.

Partial invalidity. In case any part of these terms and conditions is or becomes void, invalid or otherwise non-binding, the other terms and conditions included herein will remain unaffected.

English version is official. The original English-language version of these terms and conditions may be available in other languages. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English version applies, prevails and is conclusive.

 

Redeam Terms & Conditions
Version: 1.1 (March 24, 2020)

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