If you choose to use our Services, you are doing so at your sole risk. You agree and acknowledge that Guiddoo does not have any obligation to conduct background checks on any of its members users, including, but not limited to, Travellers and Operators, but may do so at its sole discretion. The Services (including the application and website) and collective content are provided without a warranty of any kind, whether express or implied. Without limiting the foregoing, Guiddoo explicitly disclaims any warranties of fitness for a particular purpose, merchantability, quiet enjoyment or non-infringement, and any warranties arising out of dealing or usage of trade.
Guiddoo gives no warranty that the Services or collective content, including, but not limited to, the listings or any Tours and Activities will meet all your requirements or be available on a secure, uninterrupted and/or error-free basis. Guiddoo gives no warranty on the subject of the quality of any listings, Tours and Activities, the Services or collective content or the timeliness, truthfulness, completeness, accuracy or reliability of any collective content obtained through the Services. No information or advice, whether oral or written, obtained from Guiddoo or through the application, website, Services or collective content, will lead to creation of any warranty not expressly made herein. You will be solely responsible for all your interactions and communications with other users of the Services and other persons with whom you interact or communicate during your usage of the Services, including, but not limited to, any of the Operators or Travellers. You understand that Guiddoo cannot verify the statements of users of the Services or to review or undertake the Tours and Activities. Guiddoo makes no warranties or representations as to the conduct of users of the Services or their compatibility with any of the current or future users of the Services.
You agree to take precautions in all interactions and communications with other users of the Services and other persons with whom you interact and communicate during your usage of the Services, including, but not limited to, Operators and Travellers, particularly if you decide to meet in person or offline irrespective of the fact whether such meetings are organized by Guiddoo or take place during a Tour or Activity. Notwithstanding Guiddoo's appointment as the limited agent of the Operators for accepting payments on behalf of the Operators from Travellers, Guiddoo explicitly disclaims all liability for any omission or act of any Traveller or other third party.
Limitation of Liability
You agree and acknowledge that the entire risk, to the maximum extent permitted by law, arising out of your access to and the use of the Services and collective content, your Listings or booking of any Tours and Activities via the Services, and any contact you have with other users whether online or in person remains with you. Neither Guiddoo nor any other party involved in producing, creating or delivering the Services or the collective content will be liable for any special, incidental, exemplary or consequential damages, including loss of data, lost profits or loss of goodwill, computer damage, service interruption, system failure or the cost of substitute Products or Services, or for any damages for emotional distress or personal or bodily injury arising out of or in connection with these Terms and Conditions, from the use of or inability to use the Services or collective content, from any interactions, communications or meetings with other users of the Services or other persons with whom you interact or communicate as a result of your usage of the Services or from your booking of any Tours and Activities or Listings on the Services, whether based on contract, warranty, offence (including negligence), product liability or any other legal theory, and whether or not the possibility of such damage has been communicated to Guiddoo, even if a limited remedy set forth herein is found to have failed of its necessary purpose.
Guiddoo's collective liability, arising out of or in connection with these Terms and Conditions and your usage of the Services including, but not limited to, from your Listings or booking of any Tours and Activities via the Services, or from the use of or inability to use the Services or collective content and in connection with any interactions with any other members, will in no event exceed the amounts you have paid or owe for bookings via the Services as a Traveller in the twelve (12) month period prior to the event giving rise to the liability, or if you are a guide, the amounts paid by Guiddoo to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Guiddoo and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnification and Release
You agree to defend, release, indemnify, and hold Guiddoo and its subsidiaries and affiliates, and their directors, officers, employees and agents, harmless from and against any liabilities, damages, claims, losses, and expenses, including, without limitation, reasonable accounting and legal fees, in any way connected with or arising out of (A) your access to and/or use of the Application, Website, Services, or Collective Content or your violation of these Terms and Conditions; (B) your Member Content; and (C) your (I) interaction with any of the Members, (II) creation of a Listing, (III) booking of a Tour or Activity or (IV) the use, condition or quality of a Tour or Activity, including, but not limited to any losses, injuries or damages (direct, incidental, compensatory, consequential or otherwise) of any kind arising as a result of or in connection with participating in or booking a Tour or Activity.