Outitude Terms and Conditions
(commonly known as "legal mambo jambo")
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English translation
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As of this date, your company (Provider) has retained Outitude Lda. (Outitude) to market on Outitude platform and on any partner websites the activity that Provider sells to the public (Activity), subject to the following terms and conditions:
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We are now allowed to promote your activities
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Outitude responsabilities , Outitude agrees to:
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Our obligations:
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Website. Create and maintain a website (Website) on which a webpage will be built exclusively describing Providers Activity (Providers Webpage). Provider grants Outitude use of graphics and/or copy to be used on Providers Webpage. The Website and/or Webpage will (i) include a schedule that shows the availability of the Activity, (ii) enable the Activity to be reserved and purchased directly by members of the public (Consumer)
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Maintain a website with your offer and let people book it
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Distribution Network. Sign agreements with 3rd party distribution partners via Internet, retail, and wholesale (Outitude Distribution Network) to market Activities listed on the Website. Provider grants Outitude use of graphics and/or copy to be used on the Outitude Distribution Network.
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Use partner channels to promote your activities
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Sales Records. Generate and send to Provider a monthly record itemizing all sales of the Activity made through the Website.
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Send you a list of bookings made each month
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Confidential Information. Treat all information and specifications regarding activities purchased under this Agreement as confidential and proprietary information of Provider and use its best efforts to ensure against disclosure to third parties
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Keep your booking numbers private
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Pricing, Compensation:
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Prices:
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No pricing changes shall apply to any previously booked Activity. As compensation for the foregoing services, Provider shall owe Outitude a commission on all gross revenues collected by the Provider on sales of the Activity made through the Website.
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Prices of bookings can’t be changed after booking done.
Provider pays a commission for bookings brought trough Outitude
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Providers Responsibilities. Provider agrees to:
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Your obligations:
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Provide all Activities, as described in the Webpage, at all scheduled dates/times and with the highest degree of skill, quality, safety and service, such that the Consumer is satisfied with the quality of the experience.
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Provide the offer you insert into Outitude.
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Fulfill all commitments to Consumers who have purchased an Activity through the Website as scheduled and in a timely manner, including honoring the price on all booked Activities regardless of any changes in Providers pricing policies.
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Fulfill the expectations you create when describing the activity.
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Cancellation policy:
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Activity Cancellations. Outitude is not obligated to pay Provider for any Activity that has been cancelled or does not occur at the time and date scheduled through the Website (Cancelled Activity).
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We aren’t responsible to make any payment on cancellation
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It will be made explicit on the activity web pages on www.outitude.com that the Consumer must have the flexibility to reschedule in the event of poor weather or other conditions beyond the control of Provider that make it unsafe to take part in the activity.
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If activity is canceled after confirmation, you must provide a reschedule.
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Term:
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Dates:
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This Agreement shall be in effect as of the date of account creation, and shall be automatically renewed on a yearly basis thereafter, provided that either party shall have the right to terminate this Agreement upon giving thirty (30) days notice in writing to the other party.
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The agreement starts on signup and ends when any party wants, only needs a 30 day notice.
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Indemnity, Insurance:
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Indemnity. Provider agrees to indemnify, defend and hold Outitude and its members, managers, agents, representatives, affiliates and employees harmless against any and all losses, liabilities, claims, actions, expenses and costs, including reasonable attorneys’ fees and costs, arising from this Agreement and any Activity purchased by a Consumer through the Website, including but not limited to any accident, injury, death or damage to a Customer.
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Outitude is not responsible in any way for injury’s or other harm resulting from the activities.
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Insurance. Provider agrees to secure and maintain, at its own expense, a Comprehensive General Liability policy of insurance (Policy) providing coverage for all premises, operations, activities, products, and completed operations.
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You must have insurance for the provided activities.
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Independent Contractor. Outitude is an independent contractor and not an agent or employee of Provider and is not authorized to act on behalf of Company except as set forth in this Agreement.
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We only act on your behalf on the maters explained in here
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Limitation on Liability. In no event shall either party be liable to the other party for any special, incidental, consequential or indirect damages of any kind, however caused and under theory of liability. The limitations shall not apply to any special, incidental, consequential or indirect damages that any third party may recover as a result of any claims. Providers sole and exclusive remedy for breach of this Agreement or negligence by Outitude will be the recovery of damages in an amount not to exceed the aggregate of all compensation paid to or retained by Outitude in connection with this Agreement during the one (1) year period immediately preceding the date of the breach negligent act or omission.
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We can never be force to compensate the provider in excess of the commissions received from him during the subsequent year period
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Miscellaneous. This Agreement constitutes the entire Agreement of the parties regarding its subject matter and supersedes all previous agreements, whether oral or written. Any changes to this Agreement must be in writing.
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This doc is the real agreement
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Outitude will collect a commission of every activity sale during the time of this agreement.
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