Terms of Use for FRAIDER

Carefully read this Terms of Use, which is regulating the use of FRAIDER service, because it contains an important information about your rights, obligations and means of protection. By using FRAIDER you agree to abide these terms.

January 28th, 2020

Used terms

Company — FRAIDER INC. (2093A Philadelphia Pike, Suite 100, Claymont, DE 19703, USA).

FRAIDER platformwww.fraider.com platform and all associated applications.

Services — a set of programs and databases that support the functioning of FRAIDER platform, as well as a set of services provided to Users when using FRAIDER platform.

User — Any individual over 18 years of age who have completed the registration and is using the FRAIDER platform

Client – a User, who have completed the registration. A Client is the User, who are booking Activities and other services of the Contractor, verified or not.

Contractor — a User, who provides Activities and other services on FRAIDER platform, accepted by another Client for providing such Services.

Login — email address or an account of supported social network, chosen by the Client and used by him in the process of using FRAIDER platform. It is forbidden to use more than one Login by the same individual.

Password — a symbol combination chosen by the User independently and providing, in conjunction with the Login, its identification when using FRAIDER platform.

Other terms and definitions used in these Terms of Use are interpreted and understood in the form indicated in the text of these Terms of Use.

General provisions

The Users of FRAIDER platform accept the Company’s Social activity policy. By accepting the Terms of Use, the Client agrees with the following statement: «I agree to treat with respect and without prejudice all members of the FRAIDER community, irrespective of their race, religion, nationality, ethnicity, physical characteristics, gender, gender identity, sexual orientation or age»

This Terms of Use is an agreement between a Client and a Company, it is legally binding, regulating and usage of FRAIDER platform, including any of its subdomains or any other websites through which the Company provides its Services, applications for mobile devices, tablets and other smart devices, as well as interfaces of application programs (together “Application”), as well as all related services.

Collection and usage of personal information obtained by the Company regarding the access and use of the FRAIDER platform is described in the Privacy Policy.

Payment processing services used with FRAIDER platform ("Payment services") are provided to you by one or more FRAIDER Payments units (individually and jointly, respectively, "FRAIDER Payments" ) and are governed by the Terms of Payment Service (hereinafter — "Terms of payment").

The Contractors are solely responsible for studying, understanding and observing all laws, rules and regulations pertaining to their Activities and other services. For example, in some countries a license is required for tours or going to sea. The Contractors are solely responsible for determining and obtaining any licenses, permits or registrations necessary to provide the Activities and other services that they offer. Some types of Contractor’s Activities and other services may be prohibited.

1. FRAIDER’s Services

1.1. FRAIDER is an online platform, which enables Users, who offer offer their services (Contractors) to publish Activities and other services ("Activities and other services"), communicate or interact directly with a Client, who wants to book Contractor’s Activities and other services. Contractor’s Activities and other services may include the services of an instructor, trainer, as well as offers to conduct training of various types of sport, including extreme sport, as well as offers of various places for training, classes, offers for renting sports equipment, for sports events, as well as other various services related to sports, tourism and recreation ("Activities or other services of the Contractor").

1.2. As a provider of the FRAIDER online platform, the Company does not own, create, sell, resell, control, manage, offer, provide or issue any Activities or other services of the Contractor. Contractors are solely responsible for their Activities or other services. When the User accepts or makes the booking of Activities or other services of the Contractor, they enter into contractual relations directly with each other. The Company is not a party or any kind of participant of any contractual relations between Users, nor is it their agent or insurer. The Company does not act as an agent on behalf of the Users, except in cases when Terms of payment specify otherwise.

1.3. The Company does not control or guarantee the existence, quality, security, compliance or legality of any of the Activities or other services of the Contractor, the authenticity or accuracy of its contents and description, ratings, reviews of the proposed Activities or other services of the Contractor or any other User Content, actions or behavior of Users or third parties. The company does not recommend any Contractor, Activities or other services of the Contractor. Any indication that the User has passed "verification" (or other similar definitions) only means that the User has passed the appropriate verification or identification procedure and nothing more. Any such definitions are not a recommendation, certification or guarantee of the Company in respect of any User (Contractor), including the identity or origin of the User (Contractor), its reliability, security or compliance. When booking the Activities or other services of the Contractor, deciding to participate in any Activity or other services of the Contractor, communicating and interacting with other Users, or Contractors both online and in person, the User should exercise due diligence and attention. Images and videos are intended solely for the photographic representation of the Activity or other services of the Contractor at the time of the photo and video shooting and are not a recommendation from the Company of any Contractor or Activity or other services of the Contractor.

1.4. Using FRAIDER online platform as a Contractor, the User does not become an employee, an agent, a participant in a joint venture or a partner of the Company. The Contractor acts solely on its own behalf and for its own benefit, and in no case on behalf of or for the benefit of the Company.

1.5. To promote FRAIDER online platform and increase the number of Activities or other services of the Contractor viewed by potential Users, Activities or other services of the Contractor or any other User Content may be displayed on other websites, in applications, in e-mails, as well as in online and offline advertisements. To help Users who speak different languages, Activities or other services of the Contractor or any other User Content can be translated, in whole or in part, into other languages. The Company does not guarantee the accuracy or quality of such transfers, and the Users are themselves responsible for viewing and verifying the accuracy of such transfers.

1.6. FRAIDER online platform can contain links to third-party websites or resources ("Third-party services"). Such Third-Party services may be governed by other terms and conditions of privacy. The Company is not responsible for the availability or accuracy of such Third-Party Services, as well as for the content, products or services provided by such Third-Party Services. Links to such Third-Party services are not the recommendation by the Company.

1.7. Due to the peculiarities of the Internet, the Company cannot guarantee the continued and uninterrupted availability of the FRAIDER online platform. The Company may restrict the availability of the FRAIDER online platform or its specific Services or functions, if this is necessary in terms of ensuring maximum bandwidth, security or integrity of the Company's servers, and for carrying out technical measures for the proper or improved functioning of the FRAIDER online platform. The Company can improve, optimize and modify FRAIDER online platform and, from time to time, introduce new FRAIDER Services.

2. Use of FRAIDER online platform, Compliance, Verification of the User

2.1. To access and use the FRAIDER online platform or register a FRAIDER Account, the User must be at least 18 years old and must be able to enter into legally binding contracts. By accessing or using the FRAIDER online platform, the User hereby represents and warrants that he is over 18 years of age, that he is fully qualified and able and has the right to enter into contracts.

2.2. The Company may impose certain conditions and requirements for granting access and the right to use FRAIDER online platform, its specific Services, sections or functions, for example, after passing the verification process or checking compliance with certain criteria, reaching certain rating or reviews thresholds, depending on the booking history of Services and their cancellations.

2.3. To verify users on the Internet, the Company does not bear any responsibility for verifying the identity of Users. Notwithstanding the above, to ensure transparency of operations and prevent fraud, under the current legislation, the Company may but not obliged to:

  • ask the Users to present any official documents proving their identity or other information
  • undertake additional checks that help confirm the identity or track the reputation of Users
  • undertake additional checks that help confirm the identity or track the reputation of Users
  • request reports from official sources about criminal records or records of sexual offenses or other equivalent versions of inspections, depending on the legislation in force at the location of the User (if applicable)

2.4. The access to the FRAIDER online platform, the use of its specific services and sections may be governed by separate rules, standards and guidelines, and may require additional actions from Users. In the event of a discrepancy between this Terms of Use and the terms applicable to certain services, sections or functions of the FRAIDER online platform, the latter shall have the advantage of accessing or using these services, sections and functions, unless otherwise indicated.

3. Changes to Terms of Use

3.1 The Company reserves the right to change this Terms of Use at any time. If changes are made to the Terms of Use, the updated Terms of Use are published on the FRAIDER online platform with the date of the last update. Information on making changes to the Terms of Use will be sent to the User by e-mail, at least 30 days before the changes come into force. In case of disagreement with the updated Terms of Use, the User has the right to immediately terminate this Terms of Use. The Company will notify the User of the right to refuse and terminate this Terms of Use in a notification sent by e-mail. If the User has not exercised his right to terminate the Terms of Use before the effective date of the changes and continues to use the FRAIDER online platform, he thereby confirms his acceptance of the updated Terms of Use and agrees with them.

4. Account registration

4.1. To use certain services and functions of the FRAIDER online platform, such as the publication of Activities or other services of the Contractor or booking of Activities or other services of the Contractor, the Visitor must register an account ("FRAIDER Account"). In case of registration of the FRAIDER Account by a legal entity, the Visitor declares and warrants that he has the authority to assume obligations on behalf of this legal entity and grants the Company all the permissions and licenses provided for in this Terms of Use.

4.2. A visitor can register a FRAIDER Account by using his email address and creating a password, or through an account in some third-party social networking services, such as Facebook or Google ("Social Network Account"). The user can at any time break the connection between the FRAIDER Account and the Social Network Account by using the "Settings" section of the FRAIDER online platform.

4.3. The Visitor must provide accurate, valid and complete information at the time of registration and constantly maintain the up-to-date information of the FRAIDER Account and the open profile of the FRAIDER Account.

4.4. A Visitor cannot register more than one FRAIDER Account without the permission of the Company. The User does not have the right to assign or otherwise transfer his FRAIDER Account to third parties.

4.5. The User is responsible for maintaining the confidentiality and safety of the details of the FRAIDER Account and cannot disclose his details to third parties. The User must immediately notify the Company if he becomes aware or has reasonable grounds to suspect that the details of his FRAIDER Account have been lost, stolen, unlawfully appropriated or otherwise compromised and in the event of the actual or alleged unauthorized use of his FRAIDER Account. The User is responsible for all actions performed through his FRAIDER Account, except when such actions have not been authorized by the User or are the result of his negligence (for example, if the User has not reported the unauthorized use or loss of the details of his FRAIDER Account).

5. Content

5.1. The Company may, at its discretion, provide the User with:

  • the ability to create, download, send, receive and store content such as texts, photos, audio, video and other materials or information on or through the FRAIDER online platform ("User Content")
  • to access and view the User Content, as well as any content that the Company itself places on or through the FRAIDER online platform, including its own content, as well as content provided to the Company under a license or authorized for use by or through the Company, by a third party ("FRAIDER Content"), and in conjunction with User Content — ("Collective Content")

5.2. FRAIDER online platform, FRAIDER Content and User Content may be fully or partially protected by copyright laws, trademarks and/or other laws of different countries. The User acknowledges and agrees that the FRAIDER online platform and the FRAIDER Content, including all related intellectual property rights, are the exclusive property of the Company and/or its licensors or third parties that authorize their use. The User agrees not to remove, alter or obscure copyright notices, trademarks, service marks or other proprietary rights included in the FRAIDER online platform, FRAIDER Content or User Content. All trademarks, service marks, logos, trade names and other means of individualization of the Company used on the FRAIDER online platform and in the FRAIDER Content or in connection with them are trademarks or registered trademarks of the Company. The trademarks, service marks, logos, trade names and other designations of third parties used in the FRAIDER online platform, in the FRAIDER Content and/or in the Collective Content, or in connection with them, are used exclusively for identification and are the property of their respective owners.

5.3. The User does not have the right to use, copy, adapt, modify, develop derivative content, distribute, license, sell, assign, publicly display, publicly perform, broadcast, transmit or use the FRAIDER online platform or Collective Content in any other ways than the ones stated in this Terms of Use.

5.4. By following this Terms of Use, the Company grants the User a limited, non-exclusive, non-sublicensing, revocation or assignment license to download and use the Application on the personal device(s), to access and view any Collective Content posted on or through the FRAIDER online platform, to which the User has access, solely for personal and non-commercial use.

5.5. By creating, uploading, posting, sending, receiving, storing or otherwise making available any User Content on or through the FRAIDER online platform, the User grants to the Company a nonexclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable and assignable license for this the User content to use, copy, adapt, modify, develop derivative content, distribute, publish, broadcast, transmit and use this User Content by any way to promote FRAIDER online platform in any media or on any Internet resources. Without the express consent of the User, the Company does not claim any ownership of the User Content and no provisions of this Terms of Use can be construed as limiting any rights to use the User Content.

5.6. The Company can offer the Contractors an opportunity to invite professional photographers to take professional photos of their Activities or other services of the Contractor and include the received photos in the Activities or other services of the Contractor with the mark "Photo checked by FRAIDER " or similar wording ("Verified Images") or without such notices. The Contractor is solely responsible for the accuracy of displaying Activities or other services of the Contractor on Verified Images and undertakes to stop using the Verified Images on or through the FRAIDER online platform if they no longer comply with the Activities or other services of the Contractor and also if the Contractor ceases rendering Activities or other services of the Contractor shown or if the Contractor's FRAIDER Account is ceased or suspended its operation for any reason. The Contractor acknowledges and agrees that the Company has the right to use any Verified images in advertising, marketing and/or other business purposes, in any media or on any Internet resources, both in connection with the Activities or other services of the Contractor and for other purposes, without notifying the Contractor additionally and without any compensation. If the Company is not sole proprietor of the Verified Images, using such Verified Images on or through the FRAIDER online platform, the User grants the Company an exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable and assignable license to use the Verified Images data in advertising, marketing and/or for other business purposes, in any media or on any platforms, whether in connection with the Activities or other services of the Contractor or otherwise, without notifying the Contractor of additionally and without any compensation. In turn, the Company provides the User with a limited, non-exclusive, non-sublicensing and assignment license for the use of Verified Images outside the FRAIDER online platform solely for personal and non-commercial use.

5.7. The User is solely responsible for all the User Content that he places on or through the FRAIDER online platform. The User represents and warrants that the User is either the sole and exclusive owner of all User Content that he places on or through the FRAIDER online platform or has all the rights, licenses, consent and authorizations necessary to grant the Company rights to this User Content, provided for in this Terms of Use. The User represents and warrants that the placement of the User Content on the FRAIDER online platform, downloading, publishing, providing or transferring the User Content, the use by the Company of the User Content (or part thereof) does not violate the rights of third parties, patents, copyright, trademark, trade secret , or other property rights or intellectual property, or the right to publicity or confidentiality, and does not violate any applicable law or regulation.

5.8. The User undertakes not to publish, download, post or transmit any User Content that is falsified, false, misleading (either directly or by providing incomplete or outdated information) or disorienting, libelous, pleading, dignified, offensive, pornographic , indecent or offensive, promotes discrimination, intolerance, racism, hatred, aggression or harm to any person or group of persons, promotes violence, menacing or encourages cruelty against any person, promotes illegal or harmful activities or substances, or violates the policy or other rules of the Company. The Company may, without prior notice, remove or terminate access to any User Content that in the Company's opinion violates this Terms of Use or the Company's rules in force at that time or otherwise may cause a protest or cause damage to the Company, Users, third parties or property.

5.9. If the User of the FRAIDER online platform believes that any content of the FRAIDER online platform violates the copyrights owned by him or to third parties, he undertakes to notify the Company.

6. Terms of Payment

6.1. The Company may charge fees from Contractors ("Contractor’s Fee") and/or Users ("User’s Fee") (collectively "Service fee") for using the FRAIDER online platform. Detailed information about when the Service fee is applied and how it is calculated can be found on the Terms of payment.

6.2. All applicable fees (excluding applicable Taxes) will be shown to the User prior to publication or booking of the Activity or other services of the Contractor. The Company reserves the right to change the Service fee at any time.

6.3. The User is responsible for paying the Service Fee charged by the Company. Applicable Service fee is payable, paid and collected by the Company in accordance with the Terms of payment. Unless otherwise provided by the Terms of Use, the Service fee is not refundable.

7. Special conditions for Contractors

7.1. Terms applicable for all Activities or other services of the Contractor

7.1.1. When creating an Activity or other services of the Contractor via the FRAIDER online platform, the Contractor must provide complete and accurate information about the Activities or other services of the Contractor (description of the service, activity type, activity location, calendar availability, etc.), describe any deficiencies, limitations and applicable requirements (such as the minimum age, requirements for experience and physical fitness to participate in the activity) and provide any other relevant information at the request of the Company. The Contractor is responsible for the relevance of the information specified in the Activities or other services of the Contractor (including calendar availability).

7.1.2. The Contractor is solely responsible for determining the price (including Taxes, if applicable) for the services offered in the Activity or other services of the Contractor ("Activity price"). After the User has requested the booking of the Activity or other services of the Contractor, the latter cannot demand the User to pay more than indicated in the booking request.

7.1.3. Any conditions included in the Contractor's Activity, with respect to cancellation of booking/reservation, must not conflict with this Terms of Use.

7.1.4. Photographs, animated images or video (together "Images") used in the Activities or other services of the Contractor must accurately reflect the quality and conditions of the Activities or other services of the Contractor. The Company reserves the right to set requirements for the inclusion of a minimum number of Images in a certain format, size and resolution in the Activities or other services of the Contractor.

7.1.5. The placement and ranking of the Activities or other services of the Contractor in the search results on the FRAIDER online platform can vary and depends on a variety of factors such as the parameters and preferences of the User search, Contractor requirements, price and calendar availability, the number and quality of Images, user service and the history of booking cancellations, reviews and ratings, type of the Activities or other services of the Contractor and/or simplicity of booking.

7.1.6. By accepting or preliminarily approving the User's request for booking, the Contractor enters into a legally binding agreement with the User who has booked the Activity or other services of the Contractor and undertakes to provide these the Activity or other services of the Contractor in accordance with the description specified in the Activity or other services of the Contractor at the time of booking. The Contractor agrees to pay to the Company the applicable Contractor’s Fee and the applicable Taxes that are levied in accordance with the Terms of payment.

7.2 Activities or other services of the Contractor

7.2.1. To offer an Activity or other services, the Contractor must create an Activity and provide the Company with a description of the Activity or other services of the Contractor. The Company reserves the right to decide at its discretion whether to publish the Activity or other services of the Contractor submitted to it on the FRAIDER online platform.

7.2.2. When publishing an Activity or other services of the Contractor, the latter should inform the User about all risks associated with participating in the Activity or other services of the Contractor, the requirements for participation, such as minimum age, skills, level of physical preparation, etc., requirements that may be met for the safe participation in the Activity or other services of the Contractor (including the requirement for a sports uniform, the availability of equipment and inventory, the availability of special skills, special qualifications or licenses, etc.).

7.2.3. The Contractor represents and warrants that he/she/they understand and complies with all laws, rules and regulations that may apply to the Activity or other services of the Contractor and will receive all necessary licenses, permits or registrations prior to the commencement of the Activity or other services of the Contractor.

7.2.4. The Contractor is obligated to provide the services indicated in the Activity or other services of the Contractor personally and cannot transfer them to third parties the right to provide the Activity or other services of the Contractor on behalf of the Contractor, without the permission of the Company, or without the consent of the User who has booked the Activity or other services of the Contractor.

7.2.5. In one the Activity or other services of the Contractor the Contractor may specify several Activities or other services of Contractors.

7.2.6. The Contractor declares and guarantees that the Activity or other services of the Contractor placed by the Contractor, bookings of the Activity or other services of the Contractor by the User does not violate any agreements of the Contractor with third parties (for example, the owners of sports equipment) or other agreements, and complies with the current legislation, including tax legislation and other rules and regulations (including satisfies the requirements for the availability of all necessary permits, licenses and registrations). The Contractor is responsible for its own actions and omissions, as well as for acts and omissions of persons interacting with the Contractor in the provision of the services specified in the Activity or other services of the Contractor.

8. Special conditions for booking of an Activity or other Services of the Contractor

8.1. Booking of the Activity or other services of the Contractor

8.1.1. Being in compliance with all requirements (such as the passage of the verification process) established by the Contractor, the User can book the Activity or other services of the Contractor placed on the FRAIDER online platform using the appropriate booking procedure. All applicable fees, including the Activity price, Service Fee (collectively "Total cost") will be shown to the User prior to the booking of the Activity or other services of the Contractor. The User agrees to pay the Total Cost for any booking made by the FRAIDER Account registered in the User's name.

8.1.2. Upon receiving of a booking confirmation from the FRAIDER online platform, a contractual relationship between the User, who made a booking of the Activities and other services of the Contractor, and the selected Contractor comes into force, including possible additional terms of the Contractor, including the applicable cancellation/reservation rules, as well as rules and the restrictions specified in Activity and other services of the Contractor. The Company collects the Total Cost at the time of booking or after confirmation by the Contractor in accordance with the Terms of payment.

8.1.3. When booking the Activity or other services of the Contractor on behalf of other Users, the User must ensure compliance with each additional User established by the Contractor, and acquaint him with this Terms of Use, conditions and restrictions established by the Contractor and obtain his consent with similar conditions. If you make a commitment for the User who in not in the adulthood yet, the User declares and warrants that he has legal authority on behalf of that minor. Minors can take part in the Activity or other services of the Contractor only accompanied by an adult who is responsible for them.

8.1.4. The Client who is booking the Activity or other services of the Contractors must carefully read the description of the Activity or services of the Contractor, which he intends to book, in order to be sure that he meets the requirements for the minimum age, skills, physical fitness and other requirements specified by the Contractor in the Activity or other services of the Contractors. The Client must notify the Contractor of medical and physical features or other circumstances that may affect the security of the Client’s participation in the Activity or other services of the Contractors. The Client who books the Activity or other services of the Contractors is solely responsible for studying and complying with all laws, rules and regulations applicable to his participation in the Activity or other services of the Contractor.

8.1.5. Before and during participation in the Activity or other services of the Contractor, the Client must always follow the instructions of the Contractors.

8.2. Booking Changes, Cancellation Policy, Return Policy, Problem Solving Center

8.2.1. Contractors and Clients who booked an Activity or other services of the Contractor are responsible for any changes to the reservation that they make through the FRAIDER online platform ("Booking Changes"), and agree to pay all additional fees, such as the Activity price, Service fees and/or Taxes related to such Booking Changes.

8.2.2. Users who have booked an Activity or other services of the Contractor may cancel a confirmed booking at any time, subject to the Cancellation Policy of this Activity or other services of the Contractor. The Company will provide a refund to the Client who has booked the Activity or other services of the Contractor in accordance with the terms of the Cancellation Policy. Except for good reason, any amounts payable to the Contractor in accordance with the applicable Cancellation Policy will be transferred to the Contractor by the Company in accordance with the Terms of payment.

8.2.3. By accepting these Terms of Use, Clients who have booked the Activity or other services of the Contractor, upon canceling their booking, agree to the Cancellation Policy established by the Contractor in the Activity or other services of the Contractor, and also agree to pay all additional fees, commissions and other payments related to cancellation of the booking.

8.2.4. Contractors may establish in their Activity or other services of the Contractor flexible, moderate or strict Cancellation Policy.

Flexible Cancellation Policy require the deduction of the following amounts from the Activity price from the Client in case of canceling of the Activity or other services of the Contractor in favor of the Contractor:

  • upon canceling the booking of the Activity or other services of the Contractor in more than 24 hours before the start of the Activity or other services of the Contractor, the Company will provide a full refund to the Client of the paid Activity price or other services of the Contractor, any amounts in favor of the Contractor in this case are not withheld.
  • upon canceling the booking of the Activity or other services of the Contractor in less than 24 hours but in more than 2 hours before the start of the Activity or other services of the Contractor, the amount of 20% of the Activity price paid by the Client for the Activity or other services of the Contractor will be deducted in favor of the Contractor.
  • upon canceling the booking of the Activity or other services of the Contractor in less than 2 hours but in more than 30 minutes before the start of the Activity or other services of the Contractor, the amount of 30% of the Activity price paid by the Client for the Activity or other services of the Contractor will be deducted in favor of the Contractor.
  • upon canceling the booking of the Activity or other services of the Contractor in less than 30 minutes before the start of the Activity or other services of the Contractor, the amount of 100% of the Activity price paid by the Client for the Activity or other services of the Contractor will be deducted in favor of the Contractor.

Moderate Cancellation Policy require the deduction of the following amounts from the Activity price from the Client in case of canceling of the Activity or other services of the Contractor in favor of the Contractor:

  • upon canceling the booking of the Activity or other services of the Contractor in more than 5 days before the start of the Activity or other services of the Contractor, the Company will provide a full refund to the Client of the paid Activity price of the Activity or other services of the Contractor, any amounts in favor of the Contractor in this case are not withheld.
  • upon canceling the booking of the Activity or other services of the Contractor in more than 5 days before the start of the Activity or other services of the Contractor, the Company will provide a full refund to the Client of the paid Activity price of the Activity or other services of the Contractor, any amounts in favor of the Contractor in this case are not withheld.
  • upon canceling the booking of the Activity or other services of the Contractor in more than 5 days before the start of the Activity or other services of the Contractor, the Company will provide a full refund to the Client of the paid Activity price of the Activity or other services of the Contractor, any amounts in favor of the Contractor in this case are not withheld.
  • upon canceling the booking of the Activity or other services of the Contractor in less than 6 hours before the start of the Activity or other services of the Contractor, the amount of 100% of the Activity price paid by the Client for the Activity or other services of the Contractor will be deducted in favor of the Contractor

Strict Cancellation Policy require the deduction of the following amounts from the Activity price from the Client in case of canceling of the Activity or other services of the Contractor in favor of the Contractor:

  • upon canceling the booking of the Activity or other services of the Contractor in more than 14 days before the start of the Activity or other services of the Contractor, the Company will provide a full refund to the Client of the paid Activity price of the Activity or other services of the Contractor, any amounts in favor of the Contractor in this case are not withheld.
  • upon canceling the booking of the Activity or other services of the Contractor in less than 14 days but in more than 5 days before the start of the Activity or other services of the Contractor, the amount of 50% of the Activity price paid by the Client for the Activity or other services of the Contractor will be deducted in favor of the Contractor.
  • upon canceling the booking of the Activity or other services of the Contractor in less than 5 days before the start of the Activity or other services of the Contractor, the amount of 100% of the Activity price paid by the Client for the Activity or other services of the Contractor will be deducted in favor of the Contractor.

8.2.6 If the Contractor cancels the confirmed booking, the Company will provide the Client with a full refund of the total cost of the corresponding Activity or other services of the Contractor. At the same time, the Company may publish an automatic mark in the Activity or other services of the Contractor on cancellation of the booking by the Contractor. In addition, the Company may make it inaccessible or block the calendar for Activity or other services of the Contractor on the dates of the canceled booking and/or impose a cancellation penalty if the Contractor do not have a good reasons for canceling the booking or well-founded fears caused by the behavior of the Client.

8.2.7. In the event that the weather on the date the booking of the Activity or other services of the Contractor creates unsafe or uncomfortable conditions for the Clients, the Contractors may make changes to the Activity or other services of the Contractor or cancel them. When canceling an Activity or other services of the Contractor, the Company together with the Contractor agrees on an alternative date for the booking of this Activity or other services of the Contractor, makes a corresponding refund or reschedules the booking.

8.2.8. In certain circumstances, the Company may, at its discretion, cancel the confirmed booking and make an appropriate refund. Such circumstances include the reasons when the Company conscientiously believes, taking into account the legitimate interests of both parties, that these actions will help to avoid significant damage to the Company, Clients, third parties or their property.

9. Ratings and Reviews

9.1. After participating in the Activity or other services of the Contractor, Clients and Contractors can leave a public review ("Review") and put a rating ("Rating") to each other. Ratings and Reviews reflect the subjective opinion of Users and do not reflect the views of the Company. Company does not verify compliance of Reviews and Ratings, which may be incorrect or misleading.

9.2. Reviews and Ratings of Clients and Contractors must be honest, truthful and reasonable, and may not contain offensive or libelous language.

9.3. Users are prohibited from manipulating the Ratings and Reviews system in any way, for example, asking third parties to write a positive or negative Review about another Client or Contractor.

10. Disputes between Users

10.1. Users agree to cooperate in good faith with the Company and provide the Company with information and carry out actions that may reasonably be requested by the Company in connection with claims for damages or other complaints or claims of Clients or Contractors.

11. Currency conversion

11.1. FRAIDER online platform facilitates the booking process between Clients and Contractors who prefer payments in a currency other than the calculated currency. Such assistance may require the conversion of currencies to provide for such differing currency preferences. Despite the fact that the FRAIDER online platform allows Users to view the Activity prices of Activities or other services of the Contractor in different currencies, the currencies available to Users for making and receiving payments may be limited, and may not include some of the major currencies used in a particular area.

12. Taxes

12.1. Contractors are solely responsible for the performance of their duties of reporting, collecting, transferring or including applicable VAT or other sales taxes, taxes on tourists and other visitors or income taxes ("Taxes") in the price of Activities or other services of the Contractor.

12.2. Tax laws may require the Company to collect relevant tax information from the Contractors or withhold taxes from payments to the Contractors, or both. If the Contractor does not provide the Company with the documentation that the Company considers necessary to fulfill the obligation (if any) to withhold Taxes from payments, the Company reserves the right to freeze all payments or withhold amounts required by law, or to make both until the complete solution to the issue

12.3. Clients, who book Activities or other services of the Contractor, as well as the Contractors understand and agree that any competent government agencies, services and/or authorities ("Tax authorities") at the place of the Activities or other services of the Contractor may require a fee taxes from the above Clients or Contractors from the Activity price and their transfer to the relevant Tax authorities. Laws in different countries may vary, but these Taxes may be charged as a percentage of the Activity price set by the Contractors.

12.4. In certain countries, the Company may, at its discretion, ensure the collection and transfer of Taxes on behalf of Clients who have booked the Activities or other services of the Contractor, as well as on behalf of the Contractors, in accordance with these Terms of Use ("Collection and Transfer"), if in these countries the duties of collecting and transferring Taxes will be assigned to the Company or to the Contractors. In any country in which the Company carries out direct Collection and Transfer, the Contractor hereby instructs and authorizes the Company to collect User Taxes on behalf of the Contractor when charging the Activity price and transfer these Taxes to the Tax authorities. The amount of Taxes charged and transferred by the Company, if any, is reflected in the relevant transaction documents provided separately to the Client and the Contractor.

12.5. The User agrees that any claim or reason for suing related to the Collection and Transfer of Taxes by the Company does not apply to third parties with whom the Company may cooperate in connection with the Collection and Transfer of Taxes. Clients and Contractors agree that the Company has the right to charge additional amounts if the collected and/or transferred amounts of Taxes are insufficient to fulfill obligations to the Tax authorities in full, and agrees that the only means of protection applicable to the collected Taxes is the implementation of the return of Taxes collected by the Company from the relevant Tax authorities in accordance with the applicable procedures established by the relevant Tax authorities.

12.6. The Company reserves the right, after notifying the Contractor, to stop the Collection and Transfer of Taxes, regardless of the reason. From this moment, the Contractor again independently is responsible for the Collection and Transfer of all Taxes, the obligation to Collection and Transfer of which lies with the Contractor in a particular area.

13. Prohibited activities

13.1. The User is solely responsible for compliance with any laws, rules, regulations and tax obligations that may apply when using FRAIDER online platform. Using FRAIDER online platform, the User agrees not to commit on his own and not provide opportunities for others to perform the following actions:

  • violate or not comply with any applicable laws or regulations, agreements with third parties, rights of third parties or these Terms of Use;
  • use FRAIDER online platform or Collective Content for any commercial or other purposes not expressly provided for in these Terms of Use, or in ways that unlawfully indicate the consent of the Company, partnerships with the Company or otherwise mislead regarding relations with the Company;
  • copy, store or otherwise use information, including the personal identification data of other Users contained on FRAIDER online platform in any way that does not comply with these Terms of Use, or otherwise violates the privacy rights of Users or third parties;
  • use FRAIDER online platform to distribute advertising messages ("Spam") that are not consistent with the recipient;
  • as a Contractor, offer through FRAIDER online platform property that does not belong to them or that they do not have rights;
  • without the express permission of the Company, to book any Activities or other services of the Contractor if in fact the Client does not personally use the Activities or other services of the Contractor;
  • communicate with other Users for purposes other than clarification of issues related to bookings, Activities or other services of the Contractor or using FRAIDER online platform by another User, including, without limitation, offers to use the services, applications or websites of third parties, without our written consent;
  • use FRAIDER online platform to request, book or accept a booking without the participation of the FRAIDER online platform in order to avoid paying the Service fee or for other reasons;
  • request, accept or make payment of the Activity price outside FRAIDER online platform or without the participation of the Company. In the case of such actions, the Users acknowledges and agrees that thereby they violate these Terms of Use, assumes all risks and responsibilities for such payments, and relieves the Company of any responsibility for such payments;
  • discriminate or prosecute on the basis of race, national origin, religion, gender, gender identity, physical or mental disabilities, medical condition, marital status, age or sexual orientation, or carry out other asocial or aggressive acts;
  • use, display, duplicate or reproduce FRAIDER online platform or Collective Content, or any individual elements of the FRAIDER online platform, the FRAIDER name, the FRAIDER trademarks, the logo or other information constituting a trade secret, or the structure or design of the pages or forms which FRAIDER online platform present on the pages without the written consent of the Company;
  • damage the FRAIDER brand, including unauthorized use of the Collective Content, register and/or use the FRAIDER name or derivative terms in domain names, company names, trademarks or other means of identification that imitate or are similar to the extent of confusion with domains, trademarks, slogans , elements of an advertising campaign or FRAIDER Collective Content;
  • use robots, scrappers, bots, crawlers and other automated tools or processes for accessing, collecting data or other content, or other actions on FRAIDER online platform for any purpose;
  • avoid, bypass, delete, deactivate, damage, decrypt or otherwise bypass any technical means used by the Company, FRAIDER providers or any other third parties to protect FRAIDER online platform;
  • attempt to decrypt, decompile, disassemble or reverse engineer any software used on protect FRAIDER online platform;
  • take any action that is detrimental or negatively affecting, or that could harm or adversely affect the performance or proper functioning of FRAIDER online platform;
  • violate someone’s rights or otherwise harm anyone.

Users acknowledge that the Company is not obligated to monitor access to FRAIDER online platform or its use by Users, or to check, terminate access to any User Content or edit this content, but has the right to do this for the following purposes:

  • ensuring the functioning, security and improvement of the FRAIDER online platform (including, without limitation, to prevent fraud, risk assessment, investigation and User support);
  • ensuring compliance by Users with these Terms of Use;
  • compliance with applicable laws or decisions or requirements of a court, law enforcement, administrative or other government agency;
  • response to User Content, which, by the definition of the Company, is dangerous or controversial;
  • for other purposes provided in these Terms of Use.

13.3. Users agree to cooperate in good faith with the Company and provide the Company with any information and take any actions reasonably requested by the Company in connection with an investigation undertaken by the Company or a representative of the Company regarding the use or violation of the rules for using FRAIDER online platform.

14. Duration and termination of these Terms of Use.

14.1. These Terms of Use is valid for 30 days, at the end of which they are automatically and constantly renewed for the next 30 days before it is terminated by the User and the Company, in the manner provided for by these Terms of Use.

14.2. The User can terminate these Terms of Use at any time by using the “Delete Account” function on FRAIDER online platform, or by sending a corresponding notification by e-mail. If the User deletes his FRAIDER Account as the Contractor, all confirmed reservations are automatically canceled, and Users receive a full refund. If the FRAIDER Account is deleted as a Client, all confirmed bookings are automatically canceled, and the refund is carried out in accordance with the cancellation policy selected in the Activity or other services of the Contractor.

14.3. The Company may terminate these Terms of Use at any time at its discretion, after 30 (days) in advance having sent the User a notification by e-mail.

14.4. The Company may terminate these Terms of Use immediately, without prior notice to the User, in the following cases:

  • the User has substantially violated his obligations under these Terms of Use, Terms of Payment, Company Policies or Standards;
  • the User has violated applicable laws, norms or rights of third parties, or the Company has reason to believe that such an action is reasonably necessary for personal safety or protection of the property of the Company, Users or third parties (for example, in case of fraudulent behavior of the User).

14.5. In order to comply with applicable law, following a decision or order of a court, law enforcement, administrative or state authorities, if the User has violated these Terms of Use, Payment Terms, Company Policies or Standards, applicable laws, norms or rights of third parties, or provided incorrect, distorted , outdated or incomplete information when registering a FRAIDER Account, placing the Activity or other services of the Contractor which no longer meets the applicable criteria as availability or suitability, as well as if the Company received complaints about the Contractor's behavior or its service, the User has repeatedly (two or more times) canceled confirmed bookings or did not respond to requests for bookings without good reason, or the Company has reason to believe that such an action is necessary for the personal safety or security of the property of the Company or third parties, or to prevent fraud or other illegal activities, the Company may take any of the following measures:

  • refuse to publish, delete or postpone any Activities or other services of the Contractor, Ratings, Reviews or other User Content;
  • cancel any bookings under consideration or confirmed bookings;
  • restrict access to FRAIDER online platform or the use by the User of FRAIDER online platform;
  • temporarily or permanently deprive the FRAIDER Account of special status;
  • temporarily or, in the case of gross or repeated violations, permanently terminate the FRAIDER Account.

14.6. In the event of termination of these Terms of Use, the User does not have the right to restore the FRAIDER Account or any User Content.

If the User’s access to FRAIDER online platform or its use has been limited or these Terms of Use has been terminated at the initiative of the Company, the User cannot register a new FRAIDER Account or try to access FRAIDER online platform or use FRAIDER online platform through the FRAIDER Account of another User.

14.7. In the event of termination of these Terms of Use, its provisions which must reasonably continue to be valid after the termination of these Terms of Use remain valid.

15. Denial of responsibility

15.1. The User of FRAIDER online platform or Collective Content agrees that he does this at his own risk. The User agrees that FRAIDER online platform and Collective Content are provided to him on an “as is” basis, without any warranties of any kind, expressed or implied.

15.2. The User agrees that he had all the necessary capabilities to familiarize himself and study the proposed Services of the Company, laws, rules and regulations that may apply to the Activities or other services of the Contractor.

15.3. When verifying the identity of any User, to the maximum extent permitted by applicable law, the Company does not guarantee that such checks will prevent User offenses or prevent User violations in the future.

15.4. The User agrees that by participating in any Activities or other services of the Contractor, which may be associated with a certain risk to life and health, he assumes all risks associated with his participation in the Activity or other services of the Contractor. For example, some Activities or other services of the Contractor have a risk of illness, trauma, physical injury or death. The User voluntarily and consciously assumes these risks, deciding to participate in such Activities or other services of the Contractor.

15.5. The User assumes full responsibility for the choice that he makes before, during and after participating in the Activities or other services of the Contractor.

16. Responsibility

16.1 The Users acknowledge and agree that to the maximum extent permitted by applicable law, they assume all risks arising from access to FRAIDER online platform and Collective Content or in connection with their use, publication or bookings of Activities or other services of the Contractor through FRAIDER online platform, participation in the Activities or other services of the Contractor or other interaction with other Users, both online and in person.

16.2. Neither the Company, nor any other person involved in the development, creation or maintenance of FRAIDER online platform or Collective Content, will be liable for any incidental losses, losses determined by the special circumstances of the case, as well as for losses awarded by way of punishment, or collateral damages, including loss of profit, loss of data or damage to goodwill, service interruptions, computer damage or system malfunctions, expenses for replacing a product or services, or for any losses resulting from personal harm, or for personal injury or moral damage resulting from or in connection with the use or inability to use FRAIDER online platform or Collective Content, in connection with any messages, exchange of information or meetings with other Users or other persons with which the User exchanges information or interacts when using FRAIDER online platform, or by publishing or booking Activities or other services of the Contractor, including the provision or use of the Activities or other services of the Contractor, regardless of whether they are based on a guarantee, contract, tort (including through negligence), product liability or other reasons, and whether the Company was informed of the possibility of such losses, even if it turns out that the use of the limited remedies specified in these Terms of Use does not allow us to achieve their main goal.

16.3. With the exception of obligations to pay Contractors, in accordance with these Terms of Use, under no circumstances shall the aggregate liability of the Company arise in connection with the use of the FRAIDER online platform by Users, including as a result of publication or a booking of Activities or other services of the Contractor via the FRAIDER online platform as well as in connection with the use or inability to use FRAIDER online platform or Collective content, as well as in connection with participation in the Activities or other services of the Contractor, or by interacting with other Users, should not exceed the amount that the User paid or must pay for the booking FRAIDER online platform as a User.

17. Indemnification

17.1. The User agrees and undertakes to indemnify, protect (at the discretion of the Company), indemnify and protect the Company and its affiliates and its subsidiaries and their officers, directors, employees and agents from any claims, liability, damage, losses and expenses, including, among other things, legal and accounting expenses to a reasonable extent related to:

  • in violation by the User of these Terms of Use, Policy or Company Standards;
  • with improper use of FRAIDER online platform or any FRAIDER Services;
  • with interaction with any User, participation in Activities or other services of the Contractor, including, without limitation, any injuries, damage or losses (as compensated, direct, indirect, subsequent, or other) of any kind arising as a result of such interaction, finding, participating or using;
  • with the collection and transfer of Taxes by the Company;
  • with violation by the User of laws, norms and rules, or the rights of third parties.

18. Dispute resolution procedure

18.1. By accepting these Terms of Use, the User agrees that any disputes, claims or disagreements arising in connection with these Terms of Use or their violations, termination, enforcement or interpretation, or using FRAIDER online platform, Activities or other services of the Contractor or Collective content (collectively, "Disputes") will be initially reviewed and decided by the Company.

18.2. In case of disagreement with the conclusions and decisions of the Company, Disputes may be referred to the judicial authorities. By accepting these Terms of Use, the User and the Company agreed to establish the contractual jurisdiction of the consideration of disputes specified in clause 18.1 of these Terms of Use, according to which, Disputes will be considered exclusively in the courts of city of Claymont, Delaware, United States of America, and in accordance with the legislation with state Delaware of the United States of America.

19. Feedback

19.1. The company welcomes any feedback, comments and suggestions to improve the FRAIDER online platform ("Feedback"). Users can send us Feedback by e-mail, using the appropriate section of the FRAIDER online platform, or by other means of communication. All Reviews submitted by Users are not considered confidential and are not recognized as the property of the User. By sending us Feedback, the User provides the Company with a non-exclusive, worldwide, gratuitous, irrevocable, perpetual license to use and publish ideas and materials, with the right to sublicense, for any purpose, without any compensation.

20. Applicable Law and Jurisdiction

20.1. These Terms of Use are governed by and construed in accordance with the law of Claymont, Delaware, United States. The User agrees to submit to the exclusive jurisdiction of the courts of Claymont, Delaware, United States. Legal proceedings that the User may institute against the Company in connection with these Terms of Use may be instituted exclusively in a court located in the Claymont, Delaware, United States. If the Company wishes to enforce any of its rights in relation to the User, the Company can do this exclusively in the courts at the place of residence of the User. If the User acts as a legal entity, he agrees to submit to the exclusive jurisdiction of the courts of Claymont, Delaware, United States.

21. Other provisions

21.1. These Terms of Use or the use of the FRAIDER online platform does not form any joint venture, partnership, employment or agency relationship between the User and the Company.

21.2. These Terms of Use do not aim to provide any rights or remedies to any other persons except for the parties.

21.3. In the event that any of the provisions of these Terms of Use is recognized invalid or not applicable, this provision will be deemed invalid and will not affect the validity and enforceability of the remaining provisions.s

21.4. The User may not assign, transfer or delegate these Terms of Use, as well as his rights and obligations under these Terms of Use, without the prior written consent of the Company. The Company may without limitation assign, transfer or delegate these Terms of Use, as well as its rights and obligations under these Terms of Use, at its discretion, after notifying you in advance of thirty (30) days. Your right to terminate these Terms of Use at any time remains unaffected.

21.5. You can send an email to support@fraider.com for all issues related to these Terms of Use.