THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES. PLEASE READ THEM CAREFULLY AND NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY MANNER.
Welcome to Wetuks, operating as Wetuks (hereafter referred to as “Wetuks”, “we”, “us” or “our”), a peer-to-peer Tuk-tuk tours platform connecting Tuk-tuk guides with customers via its online platform accessible at Wetuks. pt (collectively referred to as the “Site”) with any other products or services made available by Wetuks, all of which collectively referred to as the “Service”. The Service includes our website, web widgets, feeds, mobile device software applications (the "Wetuks Software"), applications for third-party websites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Wetuks. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) whether or not you are a registered user of our Service. Moreover, these Terms govern your access to and use of the Service and all Collective Content and constitute a binding legal agreement between you and Wetuks. Please read carefully these Terms. Moreover, we reserve the right to amend these Terms at any time by notifying you as stipulated in these Terms, provided that no notice shall be required for non-substantive changes to the Terms. If we substantively amend these Terms, you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the revised Terms. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. These Terms apply to all visitors, users, members, and others who access the Service (collectively, "Users").
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. YOU UNDERSTAND AND AGREE THAT Wetuks IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CUSTOMERS AND TUK-TUK guideS, NOR IS Wetuks A TRANSPORTATION SERVICE OR AGENT. Wetuks HAS NO CONTROL OVER THE CONDUCT OF CUSTOMERS, TUK-TUK guideS OR AFFILIATES, OR OTHER USERS OF THE SERVICE AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Content” means text, graphics, images, music, software, audio, video, information, and any other content or materials. “Member Content” means all Content that a Member posts, uploads, publishes, submits, or transmits to be made available through the Service. “Wetuks Content” means all Content that Wetuks makes available through the Site, or Service, including any Content licensed from a third party, excluding Member Content. “Collective Content” means Member Content and Wetuks Content. “Listing” means a guide and Tuk-tuk that is listed as available for tours via the Service. “Member” means a person who completes Wetuks’s account registration process.
“Tuk-tuks” means vehicles used for touristic tours purposes. “guide” means a Member who creates a Listing via the Service. “Customer” means a User who requests a booking of a Tuk-tuk via the Service. Certain areas of the Service (and your access to or use of certain aspects of the Service or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and
conditions posted for a specific area of the Service, the latter terms and conditions will take precedence concerning your use of or access to that area of the Service.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH US. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Wetuks RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY THE SERVICE OR TO MODIFY THESE TERMS, INCLUDING THE SERVICE FEES, AT ANY TIME AND WITHOUT PRIOR NOTICE. IF WE MODIFY THESE TERMS, WE WILL POST THE MODIFICATION ON THE SERVICE OR PROVIDE OUR MEMBERS WITH NOTICE OF THE MODIFICATION. BY CONTINUING TO ACCESS OR USE THE SERVICE AFTER WE HAVE POSTED A MODIFICATION ON THE SERVICE OR HAVE PROVIDED OUR MEMBERS WITH NOTICE OF A MODIFICATION, OUR MEMBERS ARE INDICATING THAT THEY AGREE TO BE BOUND BY THE MODIFIED TERMS. IF THE MODIFIED TERMS ARE NOT ACCEPTABLE TO OUR MEMBERS, THEIR ONLY RECOURSE IS TO CEASE USING THE SERVICES.
You agree that you will comply with all written Wetuks rules, policies, and procedures that are made available by Wetuks on the Service and that are incorporated herein by reference. These include, without limitation: our Terms, our Privacy Policy, our guide Policy, our Customer Policy, our Fees Policy, and our Eligibility Policy, or any other policies posted on the Service from time to time.
This Service is intended solely for persons who are eighteen (18) years or older, and any registration, use, or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The minimum age to drive a Tuk-tuk is (18) years old. By accessing or using the Service you represent and warrant that you are 18 or older. The Service is not available to any guide previously removed from the Service by Wetuks unless Wetuks has given you written notice of reinstatement. All Users must pass our Eligibility Requirements. You acknowledge and agree that Wetuks may change its Eligibility Requirements at any time and for any reason.
The Service can be used to facilitate the listing and booking of Tuk-tuks. Such Tuk-tuks are included in Listings on the Service by guides. You may view Listings as an unregistered visitor to the Service; however, to create a Listing, you must first register to create a Wetuks Account (defined below). As stated above, Wetuks makes available a platform with related technology for Tuk-Tuk guides to display a profile online and arrange Customers for Tuk-Tuk tours. Wetuks is not an owner or operator of Tuk-Tuks nor is it a provider of Tuk-Tuks. Wetuks is not responsible for and disclaims any liability related to any and all listings and Tuk-Tuks. Wetuks’s responsibilities are limited to facilitating the availability of the Service.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE
TUK-TUK TOUR BOOKINGS. Wetuks CAN NOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY TUK-TUKS. Wetuks IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TUK-TUKS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CUSTOMER'S AND guide’S OWN RISK, WHETHER OR NOT AFFILIATES ARE INVOLVED.
In order to access certain features of the Service, and to create a Listing, you must register to create an account (“Member Account”) and become a Member. You may register to join the Service directly via the Service. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete.
Wetuks reserves the right to suspend or terminate your Member Account and your access to the Service if you create more than one (1) Member Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Member Account, whether or not you have authorized such activities or actions. You will immediately notify Wetuks of any unauthorized use of your Member Account.
As pointed out in the previous section, in order to list a Tuk-tuk or offer professional services on Wetuks, you will need to apply for a “Member Account”. By applying for a Member Account, you permit us to disclose the information you provide on your application to third parties for verification purposes. Wetuks may accept or reject Member account applications at our sole discretion for any reason. If you are accepted for a Member Account, you acknowledge and agree to abide by the Eligibility Requirements that apply to your account. Users with a Member account are collectively referred to in these Terms as "Members”. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. Your Member Account is for your personal use only. You may not create a Member Account on behalf of a business or entity unless the Tuk-tuk is corporately owned. You may not use another Member's account, permit anyone else to use your Member Account, or assign or otherwise transfer your Member account to any other person or entity. When applying for and creating your account, you must provide accurate and complete information, and keep such information updated and accurate throughout the duration of these Terms. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Wetuks immediately of any breach of security or unauthorized use of your account. Wetuks will not be liable for any losses caused by any unauthorized use of your account. By providing Wetuks your email address, you consent to our using the email address to send you Service-related emails, including any notices required by law, instead of communication by postal mail. By providing Wetuks your cell phone number, you consent to our using the phone number to send you Service-related SMS messages. You may not opt-out of Service-related emails or SMS messages. We may also use your email address and/or cell phone number to send you other messages, such as changes to features of the Service and special offers.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Tuk-tuk to be listed, including, but not limited to, the model, number of maximum passengers, engine type, availability of the Tuk-tuk, pricing, and related rules. You acknowledge and agree that Listings will be made publicly available via the Service. Customers will be able to book you via the Service based on the information provided in your Listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of a Tuk-tuk in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Tuk-tuk tour included in a Listing you post, including, but not limited to, insurance requirements, zoning laws and laws governing the operation of Tuk-tuks and (b) not conflict with the rights of third parties. Please note that Wetuks assumes no responsibility for a guide’s compliance with any applicable laws, rules, and regulations. Wetuks reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Wetuks, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service. You understand and agree that Wetuks does not act as an insurer or as a contracting agent for you as a tour operator. If a Customer requests a booking of your Tuk-tuk, any agreement you enter with such Customer is between you and the Customer, and Wetuks is not a party thereto. You acknowledge and agree that, as a guide, you are responsible for your acts and omissions.
Wetuks does not endorse any guides or any Tuk-tuks. In addition, although these Terms require guides to provide accurate information, we do not attempt to confirm and do not confirm, any guide’s purported identity or other information provided by such guide. Wetuks will not be responsible for any damage or harm resulting from your interactions with Customers. Accordingly, we encourage you to communicate directly with Customers regarding any bookings or Listings made by you.
When a hire request has been submitted, we will send you a notice so that you can view relevant information before confirming or rejecting the hire request.
The guides, not Wetuks, are solely responsible for honoring any confirmed bookings and making available any Tuk-tuk reserved through the Service. If you, as a Customer, choose to enter into a transaction with a guide for the booking of a Tuk-tuk tour, you agree and understand that you will be required to enter into an agreement with the guide and you agree to accept any terms, conditions, rules, and restrictions associated with such Tuk-tuk tour imposed by the guide. You acknowledge and agree that you will be responsible for performing the obligations of any such agreements and that Wetuks is not a party to such agreements, Wetuks disclaims all liability arising from or related to any such agreements.
In consideration for providing the Service, currently, Wetuks collects no service fees from guides or Customers.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations, that may apply to your use of the Service and Content. In connection with your use of our Services, you may not, and you agree that you will not:
violate any local or national law or regulation.
use manual or automated software, devices, scripts, robots, and other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Service or Content;
use the Service for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store, or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights;
interfere with or damage our Service, including, without limitation, through the use of viruses, cancelbots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
use our Service to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission or personal contact information;
use our Service in connection with the distribution of unsolicited commercial email ("spam") or advertisements ;
"stalk" or harass any other user of our Service or collect or store any personally identifiable information about any other user other than for purposes of the service as a Customer or guide;
offer, as a guide, any tour using Tuk-tuks that you do not yourself own or have permission to use;
register for more than one Wetuks Account or register for a Wetuks Account on behalf of an individual other than yourself;
contact a guide for any purpose other than asking a question related to booking such as guide’s Tuk-tuk or Listings;
contact a Customer for any purpose other than related to a booking;
when acting as a Customer or otherwise, recruit or otherwise solicit any guide or other Member to join third-party services or websites that are competitive to Wetuks, without Wetuks’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Service;
submit, as a guide, any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that, in Wetuks’s sole judgment: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person, or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, using bots, crawlers, or spiders, or otherwise;
use, display, mirror, or frame the Service, or any individual element within the Services, Wetuks’s name, any Wetuks trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Wetuks’s express written consent;
access, tamper with, or use non-public areas of the Service, Wetuks’s computer systems, or the technical delivery systems of Wetuks’s providers;
attempt to probe, scan, or test the vulnerability of any Wetuks system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Wetuks or any of Wetuks’s providers or any other third party (including another user) to protect the Services or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Collective Content to send altered, deceptive, or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content; or
advocate, encourage or assist any third party in doing any of the foregoing.
Wetuks will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wetuks may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Wetuks has no obligation to monitor your access to or use of the Service or Collective Content or to review or edit any Member Content, but has the right to do so to operate the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Wetuks reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Wetuks, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Service.
We care about the privacy of our Users. Our Privacy Policy outlines how we use and safeguard your information. You understand that by using the Service, you are consenting to the collection, use, and disclosure of your personally identifiable information and aggregate data as outlined in our Privacy Policy. For details regarding the information and notices concerning Wetuks’s collection and use of your personal information, please see Wetuks’s Privacy Policy.
Subject to your compliance with these Terms, Wetuks grants you a limited, non-exclusive,
non-transferable license, to (i) access and view any Wetuks Content solely for your personal and non-commercial purposes and (ii) access and view any guide Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sub-license the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Service or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wetuks or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit guides to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, and Service, you hereby grant to Wetuks a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub-license, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Service or otherwise.
Wetuks does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Service or you have all rights, licenses, consents, and releases that are necessary to grant to Wetuks the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Wetuks’s use of the Member Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Moreover, some areas of the Service may allow Users to post feedback, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as "User Content"). You retain ownership of your User Content. You are solely responsible for the User Content that you upload, publish, display, link to, or otherwise make available on the Service, and you agree that Wetuks is only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Wetuks does not guarantee any confidentiality concerning any User Content. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or
contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity, and privacy. Wetuks reserves the right but is not obligated, to reject and/or remove any User Content that Wetuks believes, in its sole discretion, violates these provisions. For the purposes of these Terms, "Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Wetuks takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use the Service, is solely your responsibility. Wetuks is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Wetuks not be liable for any damages you allege to incur as a result of such User Content. Moreover, Wetuks does not endorse any Users, any User Content, or Bookings. You are solely responsible for your interactions with other Wetuks Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Wetuks shall have no liability for your interactions with other Users, or for any Users action or inaction, concerning Bookings or the Service. You acknowledge that Wetuks does not offer Tuk-tuk tour services. Instead, the Service allows Customers and guides to transact directly with each other. While we may help facilitate successful transactions and the resolution of disputes, we do not guarantee the quality, safety, truth, or accuracy of Tuk-tuk Tours, User Content, or other services or transactions available via the Service. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a particular User or third party that causes you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Wetuks concerning such actions or omissions. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Service.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICE IS INTENDED TO BE USED TO FACILITATE TUK-TUK TOUR BOOKINGS. Wetuks CAN NOT AND DOES NOT CONTROL THE USER CONTENT CONTAINED IN ANY BOOKING, THE CONDITIONS OF ANY TUK-TUKS PROVIDED THROUGH THE
SERVICE, THE BEHAVIOR OF ANY USER, OR THE ACTIONS OF ANY USER. Wetuks IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL BOOKINGS AND USER CONTENT. ACCORDINGLY, ANY BOOKINGS MADE BY A USER OR guide WILL BE MADE AT THE USER OR guide’S OWN RISK.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Wetuks is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Wetuks of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge the sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Wetuks used herein are trademarks or registered trademarks of Wetuks. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service (“Feedback”). You may submit feedback by emailing us at admin@wetuks.pt. You acknowledge and agree that all feedback will be the sole and exclusive property of Wetuks and you hereby irrevocably assign to Wetuks and agree to irrevocably assign to Wetuks all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Wetuks’s request and expense, you will execute documents and take such further acts as Wetuks may reasonably request to assist Wetuks to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
Wetuks respects copyright law and expects its users to do the same. It is Wetuks’s policy to terminate in appropriate circumstances the Wetuks Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Service, and (b) deactivate or cancel your Wetuks Account. You may cancel your Wetuks Account at any time by sending an email to guides@wetuks.pt. Please note that if your Wetuks Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Service, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SERVICE, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Wetuks DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO CUSTOMERS AND guideS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Wetuks EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Wetuks MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE
CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TUK-TUKS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Wetuks MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TUK-TUKS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Wetuks OR THROUGH THE SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY guideS OR CUSTOMERS. YOU UNDERSTAND THAT Wetuks DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICE OR TO REVIEW OR INSPECT ANY
TUK-TUKS. Wetuks MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICE, INCLUDING, BUT NOT LIMITED TO CUSTOMERS AND guideS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY Wetuks. Wetuks EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER, guide, OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY TUK-TUKS VIA THE SERVICE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Wetuks NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, OR FROM YOUR LISTING, BOOKING, OR ANY TUK-TUK TOUR VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Wetuks HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You may not assign or transfer these Terms, by operation of law or otherwise, without Wetuks’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Wetuks may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
The failure of Wetuks to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wetuks. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.