Last updated February 1st, 2022
Effective January 1, 2022
Please read these “Terms and Conditions” carefully as they contain important information about your legal rights and obligations.
We operate a marketplace platform that connects users and independent content creators and tour guides. Our platform allows users to find and purchase digital or guided tours and process payments. We are not a travel agency or a tour operator, and we do not create, sell, control, offer, deliver, or supply any tour. When you make a booking, you are entering into a contract directly with an independent content creator or tour guide. The content creator and independent tour guides, and not Via Konnect, are responsible for the tours they publish and their guiding services.
These Terms and Conditions, as may be modified and amended from time to time, sets forth the terms on which:
(a) Konnect Inc., located at Al Khatem Tower, ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates, ('Konnect'”', “We”, “us” or “our”) provides services (“Services”) through its proprietary marketplace platform accessible via the http://ViaKonnect.com website and subdomains (the “Site”).
(b) to any person (“User” or You”) that accesses the Site and/or uses our Services, which includes “Users” purchasing digital or guided tours (“Tours”) and related services (the “Experiences”) from independent digital content creators (“Creators”) and tour guides (“Guides”).
When You access the Site and/or use our Services, You hereby represent and warrant that:
(a) You have read, understand, and agree to comply with and be bound by these Terms and Conditions;
(b) You are at least 18 years old and are able to enter into legally binding contracts.
If You do not agree to be bound by these Terms and Conditions, You may not access and/or use the Site and/or our Services and should immediately leave the Site.
These Terms and Conditions should be read together with the Cancellation Policy and Privacy Policy, as they are incorporated by reference into these Terms and Conditions.
We operate the Site, which is an online marketplace platform that allows the Creators to upload and publish their Experiences, and Users to search and book Tours and process payments.
You may search for Tours and Creators using a variety of filters. Once You decide on a specific Tour, You may connect and conclude contracts directly with the Creators and through the Site.
We are constantly updating our Site and its functionalities. Therefore, We may modify and/or delete any functionality on the Site and/or introduce new ones from time to time.
You may search for Creators and Tours through the Site without prior registration. In order to book Tours on the Site, Users are required to register to open an account and complete their profile with their personal details (Traveler Account). You shall not open more than one Traveler Account on the Site. To become a Creator, you must open a Kreator account.
The opening of a Traveler or Kreator Account is at the sole discretion of Konnect. We reserve the right to refuse to open a Traveler Account and/or cancel a Traveler Account without notice and liability, at our sole discretion, for any reason or for no reason.
You must provide accurate, current, and complete information and keep the information on your Traveler Account up-to-date at all times. We will only collect and use personal information from Users in accordance with our Privacy Policy.
You are solely and exclusively responsible for any claims relating to any inaccurate, untimely, or incomplete information provided by You.
You are responsible for any activity on your Traveler’s Account and shall keep your password confidential. If You are aware that any person has entered your Traveler Account without your permission, You shall inform Konnect as soon as possible.
The Site lists Tours uploaded by different Creators and Guides, each Tour containing a description of the characteristics and items included, such as description and itinerary (“Tour Terms”).
For Guided tours, You may send a message to the Guide with any inquiry about a certain Tour or to request a customized Tour. You may also choose to make a booking request to a Guide for a particular Tour by clicking the “Book Now” button, or any other button as may be modified.
All Guided Tours are invitations to You to make an offer to a Guide. Once the Guide accepts and confirms your booking request, there is a binding contract between You and the Guide. The Guides are free to accept or reject your booking requests.
You shall review the Tour Terms before making a booking request to a Guide. Once your booking request is accepted by the Guide, You will be bound by the Tour Terms. These Terms and Conditions will prevail over the Tour Terms with respect to your relationship with Konnect.
For Digital tours, the marketing section of the experience details the outline of the Tour you will access upon purchase. You may choose to purchase a digital Tour for a particular Experience by clicking the “Purchase” button, or any other button as may be modified.
The Creator owns or otherwise controls all of the rights to the Digital Tour and grants You a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to access and use the Digital Tour for personal and non-commercial purposes only; and Konnect is not responsible for any damages or technical malfunction of any hardware, network, or systems related to, or resulting from, the participation in a Digital Tour including any injury or damage to any participant and to any person’s computer.
All the Creators and Guides set up their own Tour prices, which fully compensate them for their services. The Creators or Guides may change the Tour prices without prior notice until a booking has been made. Tour Prices include all taxes.
You will ensure that any and all payments to the Creators and Guides are processed through the Site, or such other means as Konnect may determine.
You will make payment of bookings by credit card or other forms of payment available through the Site. We do not store credit card information. Konnect uses a third-party service to process your payment information for all transactions made through Konnect. You authorize Konnect and its payment service partners to process your payments. These payment processing services are governed by the terms and conditions of those third-party services and will apply to the payments You make through their system.
Payment for all products sold through the Konnect websites is processed in US Dollars. Konnect can display the prices in your own currency using third-party services that do real-time currency exchange. Konnect cannot however guarantee that the displayed exchanged price will match the processed price by your banking institution or credit card issuer as they have their own exchange rates over which we have no control. You will need to contact your bank or Credit Card issuer for more info about those exchange rates.
Refunds, if applicable are issued in US dollars as well. If your CC or Bank account is in a different currency, they may apply as well their own exchange rate which may or may not involve flat fees and/or commissions.
You agree with the terms of the Cancellation Policy of Guided tours and understand that any cancellation by You or by a Guide, and any related refund, will be processed in accordance with the Cancellation Policy in force at the time of your booking. Digital Tours are provided as-is and cannot be canceled or refunded.
Konnect may cancel any booking, in its sole discretion, if We believe in good faith that such cancellation is necessary to prevent or reduce any damages to any user of the Site and/or to Konnect, or if the Guides Account is canceled or suspended. We will reimburse and/or refund You and/or the Guide in accordance with the reasons for cancellation and with the Cancellation Policy. We will share the contact details between You and the Guide if the Guides Account is canceled and You may choose to continue with your booking outside our Site.
Refunds will be sent back to the original payment method used in making the booking. Depending on the banks processing time, it can take 15 business days or more for the refunds to reflect in your bank account or card balance.
Konnect and the Guides are not responsible for any incidental expenses You and/or any other participant may have directly or indirectly incurred as a result of the booking of a Tour. These expenses include but are not limited to, the cost of visas, accommodation, vehicle rental, vaccinations, flights, and/or loss of enjoyment.
You agree to the following provisions:
(a) Use of the Site. The Site shall be used for the purposes indicated herein and not for any illegal or unauthorized purposes. You may not use the Site to recruit, solicit, or contact Creators or Guides for business offers. Also, You may not use the Site to engage in harassing, stalking, or any other inappropriate conduct.
(b) Contact Details. You agree not to give any personal contact details including full name, phone number, email, and/or social networks to the Guides before they accept a booking request.
(c) Communication with the Guides. You agree that all communications with the Guides and prior to the Tour will occur through the Site. Konnect also handles customer service through telephone and/or email. Konnect reserves the right to monitor communications between You and the Guides and review and edit those communications in case they do not comply with these Terms and Conditions. You are solely responsible for, and shall exercise caution and judgment, in using the Site and disclosing personal information to the Guides.
(d) Communication with Us. You agree that Konnect and the Guides may contact You via email, text messages, calls, and automated calls, to the phone number and email addresses provided to Us, to communicate to You, including but not limited to, any updates, changes, and/or important information related to any bookings.
(e) Guides’ Information. You agree that You will not use the Guide’s information for any purpose other than to participate in a Tour or in connection to other services contracted through the Site.
(f) Customer Disputes. You agree to work in good faith with Konnect to address any customer disputes or complaints. If there are any issues that cannot be resolved directly with the Guide, You may contact Konnect and we will attempt to help resolve the issue. We do not control the performance of the Guides nor their services and We do not guarantee to be able to resolve any given dispute. In this event, it with be the Users responsibility to resolve the issue directly with the Guide.
(g) Unauthorized Access to the Site: You will not use the Site and/or Services in any manner that could damage, disable, overburden or impair the functioning of the Site, use data mining or any other method to extract data, apply reverse engineering or access areas of the Site which You are not authorized to access.
(h) Surveys. You agree that by submitting any ideas, suggestions, and/or opinions (“Opinions”) to Us through our surveys and/or any other alternative means You represent and warrant that you have all rights necessary to submit your Opinions and You hereby grant to ViaKonnect a non-exclusive, worldwide, royalty-free, irrevocable, perpetual sub-licensable and transferable license to access, use, reproduce, display, perform, adapt, and distribute your Opinion in any form, anywhere, in connection with Konnect’ business, without your prior approval and/or notification. This license shall survive termination of your Account on the Site.
(i) Links to other websites. The Site may contain links to third-party websites which are subject to different terms and conditions. We are not liable for, nor endorse, the content and/or services available through those websites. We recommend that You read and get familiarized with the terms and conditions of such websites.
You understand, acknowledge, and agree that all the Creators and Guides are independent contractors and not employees, agents, joint ventures, or partners of Konnect, and that the Guides act exclusively on their behalf and for their own benefit, and not on behalf, or for the benefit, of Konnect.
You hereby understand and expressly agree that Konnect does not direct or control the Guides generally or in their performance during the Tours, including, but not limited to, quality, timing, legality, or any other aspect whatsoever of the services actually delivered by the Guides, nor the integrity, responsibility or any of the actions whatsoever of the Guides. All Tours are uploaded and published by the Guides without any prior control and/or verification from Konnect.
The Guides, and not Konnect, are responsible for determining, understanding, and complying with all laws, rules, and regulations that apply to their activity and to the Tours provided to You.
We urge You to obtain suitable medical insurance prior to booking a Tour.
You acknowledge that all travel involves an element of risk. Also, some Tours may be adventurous in nature and may involve a significant amount of personal risk. We encourage You to take safety precautions if on your own or ask the Tour Guide for information and fully educate yourself about any risks, skills, and level of fitness inherent to the Tour.
Also, We strongly encourage You to search for information about your destination to determine the level of risk when traveling to certain areas. We do not make any representation and/or warranty about any risk associated with any travel destination and We are not liable for any damage or loss that may arise out of, or in connection with, any such destination.
You hereby assume all such risk and You, your estate, your family, heirs, and assigns hereby agree to release and hold harmless Konnect, its parent, subsidiaries, affiliates, directors, and employees from all liabilities and claims that arise from damages of any and every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other Tour participant, that may arise out of, or in connection with, the participation in a Tour.
THE VIAKONNECT DOES NOT PUBLISH, CREATE, SELL, CONTROL, OFFER, DELIVER, OR SUPPLY ANY GUIDED TOUR. THE GUIDES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE VIAKONNECT GROUP. THE KONNECT GROUP DOES NOT TAKE ANY RESPONSIBILITY AND IS NOT LIABLE FOR TOURS. THE GUIDE IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH, WITHOUT LIMITATION, (I) THE DELIVERY OF ANY TOUR, (II) THE PERFORMANCE OF THE GUIDE OR FAILURE TO PERFORM THE TOUR AND/OR THE GUIDE’S SERVICES, (III) ANY TRANSPORTATION SERVICE ASSOCIATED TO ANY TOUR, (IV) ANY OTHER SERVICE OFFERED OR DELIVERED BY THE GUIDE, (V) THE GUIDES ACTS OR OMISSIONS, REPRESENTATIONS, WARRANTIES, NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND (IV) PERSONAL, BODILY INJURY, DEATH, PROPERTY DAMAGE TO YOU, THE GUIDE OR ANY OTHER PARTY. KONNECT’S RESPONSIBILITY IS LIMITED TO LISTING AND MAKING AVAILABLE THE TOURS AND OTHER ANCILLARY SERVICES THROUGH THE SITE.
ALTHOUGH WE PERFORM CERTAIN LIMITED SCREENINGS ON THE GUIDES, WE DO NOT GUARANTEE THE EFFICACY AND/OR ACCURACY OF SUCH A PROCESS AND, THEREFORE, WE DO NOT GUARANTEE THE RELIABILITY OF THE GUIDES. ALSO, WE MAY NOT CONDUCT IDENTITY VERIFICATIONS AND WE ARE NOT RESPONSIBLE FOR THE IDENTITY VERIFICATION OF ANY USERS OF THE SITE, INCLUDING THE GUIDES.
DUE TO THE NATURE OF KONNECT SERVICES, VIAKONNECT DOES NOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE. THE SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIAKONNECT DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, KONNECT MAY RESTRICT THE AVAILABILITY OF THE SITE IF THIS IS NECESSARY IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF OUR SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES FOR THE PROPER OR IMPROVED, MODIFIED, OR ENHANCED FUNCTIONING OF THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT VIAKONNECT SHALL EITHER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LIABILITIES WHETHER IN ACTION BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY.
IN NO EVENT SHALL VIAKONNECT’S LIABILITY TO YOU OR ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNT PAID BY YOU FOR A PARTICULAR BOOKING WITH RESPECT TO WHICH SUCH LIABILITY RELATES. THE LIMITATIONS IN THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Konnect from all liabilities, claims, losses, and expenses, including attorney’s fees, that may arise, directly or indirectly from, as a result of or in connection with your use of the Site and/or the Services and/or your participation in a Tour, including any damages, whether to persons or property or death to any person and any violation by You of these Terms and Conditions, including any infringement of any rights of third parties.
The Site is protected by copyright, trademark, and/or other laws. All trademarks and logos used on or in connection with the Site are IP, trademarks, or registered trademarks of Konnect.
You acknowledge and agree that the Site and all its components, texts, graphics, data, designs, look and feel, photographs, sounds, images, software, videos, and other content, including all associated intellectual property rights, are the exclusive property of Konnect and/or its licensors or authorizing third-parties, and is protected in all forms, media, and technologies. You may not copy, download, use, edit or retransmit any Proprietary Material, in whole or in part, without the prior written permission of Konnect.
Konnect may modify these Terms and Conditions from time to time at its sole discretion. If we make changes to these Terms and Conditions, we will post the updated Terms and Conditions on the Site. If You continue accessing the Site and using the Services, then You are deemed to have accepted the amended Terms and Conditions. If You do not agree to the amended Terms and Conditions, You will terminate these Terms and Conditions before the date they become effective and will stop accessing the Site and using our Services.
These Terms and Conditions will become effective immediately upon your use of the Site and/or our Services and shall remain effective unless terminated by either party as provided hereunder.
You may terminate these Terms and Conditions at any time by sending us an email, which shall be effective immediately upon delivery of such notice. If You terminate these Terms and Conditions, your account will be automatically canceled, all bookings from You will be canceled and any refund and/or payment to the Guide will be made in accordance with the Cancellation Policy.
Konnect may terminate these Terms and Conditions for convenience at any time by sending You an email to your registered email address, which shall be effective immediately upon delivery of such notice. If We terminate these Terms and Conditions, We may cancel any of your bookings and refund You the amounts previously paid for those bookings. You will not be entitled to any compensation for termination and/or cancel bookings.
Konnect may, at its sole discretion and without notice, terminate these Terms and Conditions at any time, and/or cancel or limit your access to your account if You have materially breached any obligation under these Terms and Conditions.
When these Terms and Conditions have been terminated, You are not entitled to a restoration of your account and, if terminated by Konnect, You shall not apply for a new account or access and use the Site through another account.
In the event of termination or expiration, the following sections shall survive Acceptance of Risk and Waiver of Liability, Disclaimer, Limitation of Liability; Your Responsibility and Indemnification, Term and Termination; and General Provisions.
(a) Waiver. Failure by Konnect to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
(b) Governing Law. The Services are provided by Konnect, a UAE corporation. These Terms and Conditions, and all other aspects of the use of the Site, shall be governed by and construed in accordance with the laws of the UAE.
(c) Entire Agreement. Except for any additional terms included in the Site - excluding the Tour Terms uploaded by the Guides -, these Terms and Conditions constitute the entire agreement between You and Konnect with respect to the subject matter of these Terms and Conditions.
(d) Severability. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent possible and shall remain in full force and effect.
(e) Successors. These Terms and Conditions shall be binding on You and Konnect, and their successors and assigns.
(f) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses: to the Company: Al Khatem Tower, ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates, info@ViaKonnect.com; and to You: to the address and email listed in your Account.
(g) Litigation Class Action Waiver. To the extent allowed by applicable law, You agree that any proceeding to litigate in court any dispute arising out of, or relating to, these Terms and Conditions, will be conducted solely on an individual basis, and You agree not to seek to have any controversy, claim or dispute heard as a class action or any other type of representative proceeding.
(h) Dispute resolution. You agree that You will attempt to resolve any and all disputes in the least onerous manner. If You and Konnect are not able to resolve disputes by agreement, then You agree to first mediate any dispute between the Parties to be conducted in the UAE, with mediation fees divided equally between You and Konnect. In the event that litigation is commenced by either You or Konnect, You agree to submit to the exclusive jurisdiction of the courts of the UAE. You agree not to file a complaint or other commencement of litigation more than six (6) months after the relevant dispute arose.