Welcome to the Kutoa website. This website is provided solely to assist Users in locating and gathering travel information. By using the Kutoa Service, you signify your consent to this User Agreement. Kutoa may modify this User Agreement at any time, and your continued use of the Kutoa Service is conditioned upon the terms and conditions in force at the time of usage.
DEFINITION OF TERMS
“Kutoa Service” – all Kutoa websites, mobile applications, and services.
“Users” – all persons, companies, or entities that search or visit the Kutoa Service.
“Member Businesses” – all businesses of any type accepted by Kutoa that are listed on the Kutoa Service.
“Selection Criteria” – the criteria used by Kutoa to select and approve Member Businesses.
“Trademarks” – all trademarks, logos, images, and services displayed on the Kutoa Service.
AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of the use of the Kutoa Service. If you use the Kutoa Service, you agree to accept responsibility for all activities that occur under your account or password. You understand that you are responsible for all uses of the Kutoa Service by those using your login information.
USE OF THE KUTOA SERVICE
Kutoa grants you a limited license to access and make personal use of the Kutoa Service in accordance with the terms and conditions of this User Agreement. By accessing the Kutoa Service and thereby agreeing to the User Agreement, you warrant that you will not abuse access to the Kutoa Service by conducting any activities that might damage the Kutoa Service’s functionality or infringe on ownership rights. Without limiting the foregoing, you may not:
- use or copy the contents of the Kutoa Service for any commercial purpose;
- use, authorize, or permit any Member Business to use on your behalf any “robot,” “spider” or other automatic device, or a program, algorithm or methodology to monitor or copy any of the web pages, data or content of the Kutoa Service without the prior written consent of Kutoa;
- transmit or otherwise transfer any web pages, data or content making a part of the Kutoa Service to any other computer, server, website, application or other medium for mass distribution or for use in any commercial enterprise;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Kutoa Service;
- take any action that imposes a burden or load on the Kutoa Service’s infrastructure that Kutoa deems in its sole discretion to be unreasonable; or
- post or transmit via the Kutoa Service (a) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material; (b) any information or material that (i) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (ii) infringes the rights of others or violates their privacy or publicity rights; (iii) is protected by copyright, trademark or other proprietary right (unless with the express written permission of the owner of such right); (iv) contains a virus, bug or other harmful item; or (v) is used to unlawfully collude against another person in restraint of trade or competition.
In its sole discretion, in addition to any other rights or remedies available to Kutoa and without any liability whatsoever, Kutoa at any time and without notice may terminate or restrict User access to the Kutoa Service. If you have been notified by Kutoa that you are prohibited from using the Kutoa Service, then notwithstanding the foregoing you have no license to use the Kutoa Service and any access by you or on your behalf shall be unauthorized. Kutoa may provide notice under this or any other section of this User Agreement via an email sent to the email address contained in your user profile or otherwise, or in any other reasonable manner.
USE BY MEMBER BUSINESSES OF THE KUTOA SERVICES
Member Businesses warrant that the information and content they provide to Kutoa is a fair and accurate representation of their services and business. Member Businesses acknowledge that Kutoa reserves the right to edit, summarize, correct, adjust, delete, and otherwise modify any content provided by Member Businesses. Member Businesses are responsible for providing any and all content displayed under their profile on the Kutoa Service and for notifying Kutoa if any information displayed on the Kutoa Service, whether modified by Kutoa or not, is a fair and accurate of Member Business goods and services. Failure by Member Businesses to provide content requested or required by Kutoa may result in an incomplete or unpublished profile. Member Businesses warrant that all information about them on the Kutoa Service, including the pricing information, is accurate at all times so as not to substantially misrepresent the price of their advertised goods or services. Member Businesses agree to honor special offers to Users provide through or advertised on the Kutoa Service.
Member Businesses agree to abide by the terms of any and all contracts between them and the Kutoa Service, including but is not limited to honoring payment terms, meeting Selection Criteria, and providing the services advertised on the Kutoa Service. Kutoa reserves the right to cancel the membership of Member Businesses at any time if Member Businesses fail to meet the conditions of membership or violate the terms of this User Agreement.
Kutoa disclaims liability for failure by Member Businesses to meet the terms of this User Agreement or any other implied or express contract. Kutoa expressly disclaims liability or responsibility for any lawsuits or conflicts that arise between Member Businesses and Users or third parties. Kutoa solely acts as a conduit of information between Member Businesses and Users and is not responsible for the actual goods or services provided or not provided by Member Businesses or Users.
TRADEMARKS AND USE OF KUTOA LOGOS
All content and material included in the Kutoa Service are the property of Kutoa and/or its Member Businesses. Trademarks are registered and/or common law Trademarks of Kutoa and/or its Member Busineses. No license or right to use any of the Trademarks without the written permission of Kutoa, or such other party that may own the Trademarks, is granted or should be implied.
No third party may copy or use any content on the Kutoa Service without the express written permission of Kutoa, except that Users may print, save, and copy information displayed on the Kutoa Service for their own personal use, such as in planning and researching travel or printing or saving special offers.
Member Businesses may use the Kutoa Logo on their website and in other printed or published sources that belong to them in order to advertise their membership in the Kutoa Service. However, such use is only permitted for the duration of the membership, unless the use of the logo is expressly described as being valid for a prior time period during which the company was a Member Business.
The Kutoa Logo may be published by any source for the purposes of advertising and promoting Kutoa as a business.
OWNERSHIP OF CONTENT
The Kutoa Service and the content provided thereby, including text, graphics, button icons, audio and video clips, photographs/images, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Kutoa, and/or its Member Businesses, except that you may download, display and print the materials presented by the Kutoa Service for your personal, non-commercial use only. Unauthorized use of the Kutoa Service and/or the materials provided thereby may violate applicable copyright, trademark or other intellectual property laws or other laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Kutoa Service.
CONTENT AND REVIEW OF TRANSMISSIONS
This User Agreement applies to any content submitted to the Kutoa Service. Kutoa shall have the right to monitor and review content and any other information transmitted or received through the Kutoa Service and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Kutoa deems inappropriate or in violation of this User Agreement. Users and Member Businesses agree to post only truthful and accurate comments on the Kutoa Service. During monitoring, the content may be examined, recorded or copied, and your use of the Kutoa Service constitutes your consent to such monitoring, review, and deletion. You agree that you are responsible for the content, and Kutoa disclaims any responsibility and assumes no liability with respect to content.
By providing content, you warrant that: (a) you are the owner of such content, or have been granted all the rights necessary from the owner thereof to provide such content to Kutoa and for the use by Kutoa as stated herein; and (b) the use of such content by Kutoa will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Kutoa Service. You agree that if you provide content, you grant Kutoa a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, or transfer such content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you, and you waive all moral rights with respect thereto.
Kutoa assumes no liability for advertised prices. Prices are provided to Kutoa by Member Businesses. Those Member Businesses who submit prices to Kutoa warrant that the prices are accurate at the time submitted to Kutoa for publication. Member Businesses are obligated to update these prices so as not to substantially misrepresent the actual current price of the goods and services advertised. Users accept that due to market fluctuations, prices advertised on Kutoa may change from time to time, and Users have the obligation to communicate directly with Member Businesses to determine the exact price at the time of inquiry and for the type of service requested.
Currency rates, when provided, are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day.
EXCLUSION OF WARRANTIES
Neither Kutoa nor any of its Member Businesses make any warranty of any kind regarding the Kutoa Service and/or materials provided via the Kutoa Service. Neither Kutoa nor its Member Businesses warrant the accuracy, completeness, currency, or reliability of any of the content or data provided via the Kutoa Service. Such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. Neither Kutoa nor its Member Businesses warrant that the Kutoa Service is free of viruses or other harmful components.
The Kutoa Service provides links to other websites solely as a convenience to you and not as an endorsement by Kutoa or its Member Businesses of the contents of such other websites or the goods or services provided thereon. Kutoa is not responsible for the information provided on any websites to which Users are directed through the Kutoa Service. Kutoa is not responsible for the quality of services provided by Member Businesses or other third parties. If you decide to access other websites or to use other goods or services, you must do so at your own risk.
Kutoa does not represent or warrant that travel to any advertised destination is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.
LIMITATION OF LIABILITY
Kutoa assumes no responsibility for, and shall not be liable for, any damage to your computer equipment or other personal property on account of your access to, or use of, the Kutoa Service or your downloading of any material, data, text, images, video, audio, or other content from the Kutoa Service. In no event shall Kutoa or any of its Member Businesses be liable for any injury, loss, claim, or damage of any kind that arise out of or are in any way connected with use of the Kutoa Service or the performance or non-performance by Member Businesses.
The Member Businesses providing travel or other services on this site are not agents or employees of Kutoa. Kutoa is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Member Businesses or agents of Member Businesses or for any personal injuries, death, property damage, or other damages or expenses allegedly cause by Member Businesses or third parties.
Kutoa shall have no liability and will make no refund in association with your travel plans or reservations with Member Businesses or any third parties.
You agree to defend and indemnify Kutoa and/or its Member Businesses and any of their officers, directors, employees and agents of both Kutoa and its Member Businesses from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, as a result of: (a) your breach of this User Agreement or the documents referenced herein; (b) your violation of any law or the rights of a Member Business or third party; or (c) your use of the Kutoa Service.