Welcome to the Spearotrips.com website, including related applications (collectively, this "Website"). This Website is provided solely to assist customers in gathering information, posting opinions of related issues, engaging in interactive purposes. The terms "we", "us", "our" and "Spearotrips" refer to All Ocean Adventures LLC, the parent company (collectively, "Spearotrips"). The term "you" refers to the customer visiting the Website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
Use of the Website
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a Spearotrips account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our website. Spearotrips does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement. The user agrees to provide all Activities, as described in the their webpage, at all scheduled dates/times and with the highest degree of skill, quality, safety and service, such that the Consumer is satisfied with the quality of the experience. The user must also fulfill all commitments to Consumers who have purchased an Activity through the Website as scheduled and in a timely manner, including honoring the price on all booked Activities regardless of any changes in users pricing policies. The user agrees that all legal obligations to operate their business in the Country or State they list activities have been met and they possess all the required documentation required by local governing bodies. The user grants Spearotrips use of graphics, video's and/or copy to be used in but not limited to the
Spearotrips website, Spearotrips advertisments and Spearotrips social media posts.
Fees and Payments
Sellers may be charged for using some of Spearotrips services. This Fees & Payments Policy explains our fees. Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Spearotrips. This includes, for example, encouraging buyers to purchase an item in your Spearotrips account through another venue or service.
(i) Transaction Fees
When you make a sale through Spearotrips, you will be charged a transaction fee of 10% of the activity price.
(ii) Payment Processing Fees
Stripe charges a payment processing fee of 2.9% + 30 cents for processing each successful transaction through Stripe. This fee is assessed on the total amount of the sale, including tax. Unlike other fees, the payment processing fee is deducted from the transaction amount as the funds become available for deposit.
(ii) Advertising Fees
If you purchase an ad (which we call a Promoted Listing) through Spearotrips, you will be charged separate advertising fees. Advertising fees vary by opportunity and will be clearly outlined before you commit to purchasing an ad.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of this Website for any purpose without our express written permission; or
(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by www.spearotrips.com in connection with the Website or the services
You agree to defend and indemnify Spearotrips and its affiliates and any of their officers, directors, employees and agents 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, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this Website.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. SPEAROTRIPS DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF INCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, ETC.).
SPEAROTRIPS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SPEAROTRIPS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM SPEAROTRIPS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPEAROTRIPS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL SPEAROTRIPS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SPEAROTRIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Spearotrips.
Links to Other Websites
Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
These terms constitute the entire Agreement of the parties regarding its subject matter and supersedes all previous agreements, whether oral or written. The laws of Delaware shall govern this Agreement. In any action relating to this Agreement, the prevailing party shall be entitled to recover, as an element of its costs and not as damages, reasonable attorneys' fees and costs from the party not prevailing. Both parties waive the right to a trial by jury.