Terms & Conditions

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the OneKiter (the “Service”) owned and operated by OneKiter.com (“OneKiter”, “us”, “we”, or “our”).

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to and/or do access or use the Service in any fashion or form, without limitation.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

 

Scope of Services

The Service enables users (“Members”) and third parties who offer kiteboarding lessons or other related services (“Instructors”) to connect.  Members can browse Instructors and Programs they offer (“Listings”,“Listing(s)”) within the Service, communicate directly with Instructors, and book a lesson with an Instructor (“Booking(s)”). Once a Member completes a Booking, they become a client of that Instructor (“Client”).  Payment made to the Instructor is facilitated through a third-party payment processor (“Payment Processor”).

 

We do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Bookings. Instructors alone are responsible for their Listings and Bookings. When Members make, and Instructor accepts a Booking, they are entering into a contract directly with each other. We are not and do not become a party to any contractual relationship formed between Members and Instructors, nor are we an insurer or guarantor of the delivery of any Listing, Booking, or other contractual obligation.

 

If you choose to use the Service as an Instructor, your relationship with us is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of us.

 
Communications

By creating an Account on our service, you can agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by unchecking the option in the mobile application or by following the unsubscribe link or instructions provided in any email we send.

 

Payments

If you wish to purchase any product or service, or make a Booking made available through the Service (“Payments”), you may be asked to supply certain information relevant to your Payment including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payment; and that (ii) the information you supply to us is true, correct and complete.

We employ the use of a Payment Processor. By submitting your information, you grant us the right to provide any information you provide to us to the Payment Processor subject to our Privacy Policy.

 

We reserve the right to refuse or cancel your Booking at any time for reasons including but not limited to: service availability, errors in the description or price of the service, technical errors, payment errors or other reasons.

 

We reserve the right to refuse or cancel your Booking if fraud or an unauthorized or illegal transaction is suspected.

 

Content

Our Service allows you to post, link, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

 

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

 

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

 

We have the right but not the obligation to monitor and edit all Content provided by users.

 

In addition, Content found on or through this Service are the property of OneKiter or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from OneKiter.

 

Accounts

When you create an account with OneKiter.com, you guarantee that you are eighteen years of age or older, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

OneKiter reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 
Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of OneKiter and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of OneKiter.

 
Links To Other Web Sites

Our Service may contain links to third party websites or services that are not owned or controlled by OneKiter

OneKiter has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that OneKiter shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

 

Termination

OneKiter may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you wish to terminate your account, you may simply discontinue using the Service.

 

All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

You agree to defend, indemnify and hold harmless OneKiter and its directors, officers, employees, contractors, partners, agents, suppliers, subsidiaries, assigns, licensors or affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), brought by any third party in connection with or arising out of a) your use of and access to the Service, by you or any person using your account and password; b) a breach of these Terms; c) Content posted on the Service; or d) any event, accident, incident or happening arising out of or in any way connected with a Booking (or any other services provided by an Instructor).

 

Limitation Of Liability

In no event shall OneKiter, nor its directors, officers, employees, contractors, partners, agents, suppliers, subsidiaries, assigns, licensors or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Release Of Liability

In consideration of the service provided to me by OneKiter, you HEREBY AGREE NOT TO SUE OneKiter, its affiliated companies and subsidiaries or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to me, including death, which you may suffer, arising from or in any way connected with my use of the Service.  By accepting these Terms of Service and specifically this agreement not to sue, you are releasing any right to make a claim or file a lawsuit against any Released Party. You agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from my participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty.

 
Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

OneKiter, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 
Miscellaneous Provisions

These Terms shall be governed and construed in accordance with the laws in force, without regard to the conflict of law provisions of any court having jurisdiction over any complaint arising from or connected with your use of the Service.  

 

The failure of OneKiter to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

OneKiter reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

If you have any questions about these Terms, please contact us at OneKiter@gmail.com.