Spotsmap.com Terms of Service
Effective date: October 2, 2020
Please read these Terms of Service (hereinafter - the "Terms") carefully, as they contain important information about your rights and responsibilities, as well as remedies.
Please read carefully the arbitration clause contained in section 15 hereof. The arbitration clauses govern the dispute resolution process with Spotsmap.com. By accepting these Terms, you agree to be bound by these clauses.
– These Terms constitute a legally binding agreement between you and Spotsmap.com (hereinafter - the "Agreement") and governing your use of the Spotsmap.com site, including all its subdomains, as well as other sites through which Spotsmap.com provides its services (hereinafter - the "Site"), our applications for mobile phones, tablets and other devices, other methods of providing services online, by e-mail, telephone or any mobile device, application program interfaces (hereinafter - the "Application"), as well as all related services (hereinafter - the "Spotsmap.com Services"). The Spotsmap.com Site, Application and Services are collectively referred to as the "Platform".
The content of the rights and responsibilities of the parties to the Agreement, as well as the scope of the Spotsmap.com Services, are detailed in the text of these Terms.
– In addition to the terms and conditions and important information posted on the site, the Schools have the right to apply and/or require the adoption and enforcement of their own additional terms and conditions pertaining to the Services (including the restrictions on liability).
– Schools are solely liable for learning, understanding, and complying with all laws, rules and regulations that apply to their Services (as defined below). Schools are solely liable for collecting the necessary information and obtaining all licenses, permits or registrations required to provide the Services.
– We want to keep our search results relevant, therefore the Schools on the Platform are sorted by default and displayed differently to different users. Students can view the default search results and use filters and other sorting options to adjust the search results to the required criteria. The default sorting algorithm takes into account many factors and is constantly improving.
1. Terms and Definitions
1.1.Spotsmap.com, we, us or our means Private entrepreneur Kozlov Arseny Anatolyevich, TIN 590583743542, registration address of the Russian Federation, Perm, Dzerzhinsky district.
1.2.Service and Services means various products and services that can be ordered or purchased from the School.
1.3.School and Schools means providers of services for training extreme sports, including, but not exclusively: surfing, windsurfing, kitesurfing, sailing, which are available for Booking on the Platform (B2B or B2C).
1.4.Service means online purchase, ordering or booking offered by Spotsmap.com for School Services on the Platform.
1.5.Booking means ordering, buying, paying, or reserving Services.
1.6.Student and Students means the Platform-registered user who uses Platform software tools to book the Services.
1.7.Users (User) generally means Students and Schools registered on the Platform. Users, Students and Schools are the parties to the Platform Use Agreement with Spotsmap.com.
1.8.These Terms may contain other definitions that can be disclosed and subsequently used in the text of the Terms.
2. Spotsmap.com Scope of Services
2.1.The platform is an online platform posted on the http://spotsmap.com website through which Schools can advertise, market, sell, and/or offer their Services for ordering, buying or booking, and Students can find, compare, order, or purchase such services as part of their professional activities.
2.2.By Booking through the Service, the Student enters into a direct (legally binding) contractual relationship with the School from which he/she books or acquires the Service. Spotsmap.com is not a party to any contractual relationship between Users.
2.3.Spotsmap.com does not act as a User Agent. Users are committed to acting solely on their own behalf and in their own interests, but in no way on behalf of or in the interests of Spotsmap.com.
2.4.Spotsmap.com provides the Platform, and does not own, create, sell, resell, control, offer, or provide any Services, and does not manage them. Schools are solely responsible for their Services, including their quality and the ability of the Student to abide by the rules of extreme sports under the Disclaimer.
2.5.From the time of the Student's Booking, Spotsmap.com acts solely as an intermediary between the Student and the School, transferring the relevant Booking data to the relevant School. The School hereby delegates to Spotsmap.com the right to send an email regarding Bookings to the Student on its behalf.
2.6.When providing our Service, the information posted is based on information provided to us by the Schools. Schools that post and promote their Services on the Platform are fully responsible for updating information about prices, rates, fees, rules, conditions, and other data posted on the Platform. If the School cannot update the data on the Platform on its own, it undertakes to notify Spotsmap.com as soon as possible after the change in such data. In this case, Spotsmap.com is also not responsible for the consequences related to the late update of the data posted on the Platform.
2.7.Spotsmap.com does not control or warrant (i) the existence, quality, security, compliance or legality of any Services, the accuracy or completeness of information about the Services, (ii) the reliability or accuracy of descriptions, ratings, reviews of Services or other User content, and (iii) the actions or behavior of Users or third parties. Spotsmap.com does not recommend any Schools or Services. When deciding to use the Services, accepting a request for a booking from the Student, and communicating and interacting with other Users both online and in person, you should exercise due diligence and attention.
2.8.Spotsmap.com is not liable for any errors (including apparent errors and typos), failures (caused by (temporary and/or partial) breakdown, repair, improvement or maintenance of our Platform, or by other reasons), incorrect, inaccurate or false information, or failure to provide information.
2.9.The platform is not and should not be considered as a recommendation or indication of the quality, level of service or ranking of any proposed School.
2.10.To promote the Platform and increase views of the Services Ads by potential Students, the Service ads may be displayed on other sites, apps, emails, and online and offline ads. To help users who speak different languages, Service ads can be fully or partially translated into other languages. Spotsmap.com cannot guarantee the accuracy or quality of such translations, and users are responsible for viewing and verifying them. The Platform may display translations created by Google. Google waives any explicit or implied guarantees regarding such translations, including any guarantees of accuracy and correctness, as well as any implied guarantees of commercial use, suitability for any purpose, or respect for rights.
2.11.The platform may contain links to third-party sites and resources (hereinafter – the Third-Party Services). Spotsmap.com is not liable for the availability or accuracy of third-party services, nor for the content, products or Third-Party Services. The presence of links to Third-party Services does not imply any Spotsmap.com guarantees regarding Third-Party Services.
2.12.Spotsmap.com cannot guarantee the continued and continuous availability of the Platform. Spotsmap.com reserves the right to limit the availability of the Platform, its sections or functions if necessary to maintain the bandwidth, security, or integrity of our servers, and to conduct technical activities to ensure the proper or improved operation of the Platform.
3. Account Registration
3.1.To use certain Platform features, including to publish a Service offer or make a Booking thereof, you must register an account (hereinafter - the Account). A School Account can be registered on behalf of an organization, company or other legal entity, and you guarantee that you have the authority to assume obligations on behalf of this company or legal entity, and provide us with all permissions and licenses provided for in these Terms and Conditions. If registration of use of the Account is difficult, the use of the Platform's functions is exceptionally allowed bysending Spotsmap.com the information provided in this section by e-mail (please also pay attention to clause 2.6 of these Terms).
3.2.To register an Account, you can use your email address and create a password.
3.3.You are required to provide accurate, valid, and complete information at the time of registration, as well as to keep your Account information up to date and your Account open profile.
3.4.The School Account should include the following information:
– company name (full name);
– state registration number of the entry on the creation of a legal entity/registration of an entrepreneur.
This information can be posted on the School's website if the link to it will be provided in the open profile of the Account.
3.5.Schools cannot register more than 1 (one) Account without the Spotsmap.com's permission. Schools do not have the right to cede or otherwise transfer their Account to third parties.
3.6.Users are liable for maintaining the privacy and security of the Account credentials and are unable to disclose their credentials to third parties. Users must immediately notify Spotsmap.com if they become aware or have reason to believe that their credentials are lost, stolen, misappropriated or otherwise compromised, or in the event of unauthorized use of the Account or suspicion of such use. Users are responsible for all activities done through the Account.
4. Rights and Liabilities of the School
4.1.The School is liable for assigning a price for the Services. The price for Services for a particular Student cannot be arbitrarily changed by the School after the submission of a Booking request by the Student.
4.2.The announcement of the Services should not contain conditions contrary to these Terms and Conditions.
4.3.The school can and should publicly establish such objective requirements to the Students, which will maximize the safety of the Students in providing them with specific Services, including, but not exclusively the age, height, body weight, and constitution. At the same time, it is unacceptable (under threat of blocking the School's ability to use the Platform) to establish such requirements in order to discriminate against the Students.
4.4.If any images or videos are used to describe the Services, such images should reflect the quality and condition of the Services. Spotsmap.com can set minimum number of such images, format, size, and resolution thereof.
4.5.By accepting or pre-approving the Student's request for Booking, the School enters into a legally binding agreement with him/her and undertakes to provide it with its Services as described in the announcement at the time the Booking request was sent.
4.6.The quality and safety of the Services provided must comply with the law of the country in which they are provided, as well as (if applicable) to the requirements of the mandatory provisions of the law of a country of primary residence of an individual Student using the Platform for personal needs (Consumer), i.e. provisions that, in accordance with the rules of choice of the country's legal rules, must be applied regardless of this choice-of-law clause. In any case, Spotsmap.com is not liable for ensuring the quality and safety of the Services provided and does not assist in ensuring their quality and safety.
4.7.Schools pay Spotsmap.com the Platform fees in the following amount: 15% of the Booking amount, unless otherwise provided by agreement with the School.
4.8.The Fees are charged as follows: by billing the school once a month or by withholding a portion of the prepayment made by the Student.
4.9.The Fees are not refundable to the School even if the contract between the School and the Student is terminated.
4.10.In the event of an arbitrary cancellation of the Booking by the School, Spotsmap.com shall have the right to block the calendar or make it unavailable for the School. The School undertakes to transfer to the Student the funds previously (if applicable) paid by him/her for the Booking in case of unilateral cancellation of the Booking by the School.
4.11.The school is solely liable for determining its obligations to collect, list or include applicable VAT or other indirect sales taxes, as well as the obligation to file the necessary tax statements.
5. Rights and liabilities of the Student
5.1.By using the relevant Booking procedure, the Student can book the Services of his/her choice, subject to all requirements set by Spotsmap.com and/or the School (including verification requirements).
5.2.At the time of receipt of the booking confirmation from Spotsmap.com, the Student enters into a legally binding contractual relationship with the School, which may be subject to additional conditions on the part of the School, if such are directly or indirectly provided in the announcement of the Services.
5.3.The student undertakes to pay the cost of the Service in favor of the School in accordance with these Terms and Conditions.
5.4.If applicable and possible, Schools may offer the option to pay for the Booking to the School in the process of making the Booking via secure online payment (depending on whether your bank supports this function). In some cases, Spotsmap.com charges (through a third-party provider's payment system) the payment for the relevant product or service on behalf of the School (and Spotsmap.com will under no circumstances act as the provider of the Services). Secure payment to your School account is made through a third-party payment system with your credit/debit card or from your bank account. Each payment that Spotsmap.com receives on behalf of the School, and which is transferred to it, is the payment (of part) of the cost of the Student's Booked Services and is taken into account in the final settlement (is an advance payment). The payment is not refundable, except in the cases of cancellation and refund described in these Terms and Conditions.
5.5.The Students are exempt from paying any Fees in favor of Spotsmap.com.
5.6.The Student may make Booking solely for its own benefit or (if provided for by a particular Service) in favor of a group of people whose interests he or she represents. All members of such a group must meet the requirements of the School and Spotsmap.com.
6. General Rules for Posting Content on the Platform
6.1.To the extent that it is necessary to use the Platform and enter into a direct contractual relationship, Spotsmap.com provides Users with the opportunity
– to create, upload, send, receive and store content, in particular texts, photographs, audio, video and other materials or information on or through the Platform (hereinafter referred to as "User Content");
– View User Content, as well as any content that Spotsmap.com independently posts on or through the Platform, including Spotsmap.com's own content, as well as the content provided by Spotsmap.com under license or authorized to be used by Spotsmap.com or through it by a third party (including information about Schools and Services received directly from the School) (hereinafter - the Spotsmap.com Content).
6.2.Platform, Spotsmap.com Content and User Content may be fully or partially protected by copyright laws, trademarks, and/or other laws of the Russian Federation or other countries. By agreeing with these Terms, you agree that the Spotsmap.com Platform and Content, including all related intellectual property rights, are exclusively owned by Spotsmap.com and/or its licensees. Users may not remove, modify, or conceal copyright, trademark, service mark, or other protected rights notices that are part of the Platform, Spotsmap.com Content, or User Content or are associated with them.
6.3.Unless otherwise agreed, all software required to provide our services and / or used on the Platform and intellectual property rights (including copyright and related rights) in relation to the content, information and materials posted on the Platform are owned by Spotsmap.com.
6.4.Users are not allowed to copy, adapt, modify, distribute, sell, concede, publicly demonstrate, publicly execute, broadcast, transmit or otherwise use the Platform or content it contains, and to develop derivative works based on them and to license them, except when the user is the rightful owner of a certain User content.
6.5.Spotsmap.com does not grant Users any licenses or rights unless otherwise explicitly provided by these Terms. Thus, subject to the User's compliance with these Terms, Spotsmap.com provides the User with a limited, non-exclusive and non-licensed license with the possibility of revocation and without the right to transfer access and view any content provided on the Platform or through it to which the User has access, exclusively for personal and non-commercial use.
6.6.By creating, downloading, posting, sending, receiving, storing or otherwise making available any User content on or through the Platform, the User provides Spotsmap.com with non-exclusive, worldwide, gratuitous, indefinite (or for the duration of protection) and an irrevocable sublicensable license to view, store, copy, adapt, modify, distribute, publish, broadcast, and use of this content, and to create derivative works based thereon.
6.7.User Content can be used for Spotsmap.com activities. Unless the User is allowed otherwise, Spotsmap.com does not claim any ownership of User Content, and no provisions of these Terms can be interpreted as restricting any rights of users to use their User Content.
6.8.Users are responsible for all User Content posted on or through the Platform. By agreeing to these Terms, the User assures that either he/she is the sole and exclusive owner of all users' content that he/she posts on or through the Platform, or has all the rights, licenses, consents, and permissions that are required to grant Spotsmap.com rights to this User Content provided by these Terms. The User also assures that neither user content, nor its placement, download, publication, provision or transfer, nor the use of User Content or part thereof by Spotsmap.com infringes the patent or copyright rights of third parties, trademark rights, trade secrets, moral or other property rights or intellectual property, as well as the right to publicity or confidentiality, and does not violate any applicable law or rule. The assurances in this paragraph are recognized as assurances about the circumstances of the case in the sense attached to this by Article 431.2 of the Civil Code of the Russian Federation, with all the statutory consequences of non-conformity to the facts.
6.9.Users are required not to publish, download, post or share User content that: (i) is falsified, false, misleading (directly or through the provision of incomplete or outdated information); (ii) is defamatory, degrading, offensive, pornographic or obscene; (iii) promotes discrimination, intolerance, racism, hatred, aggression or harm to a person or group; (iv) promotes violence and cruelty, threatens or encourages violence against a person or animal; (v) advertises illegal or harmful activities or substances; (vi) violates the imperative requirements of applicable law.
6.10.Spotsmap.com may remove any User content without notice or terminate access to any User content that Spotsmap.com believes is violating applicable laws, these Terms, and may otherwise harm Spotsmap.com and its users, third parties or property.
7.1.All service prices include VAT/sales tax and other taxes (which may vary) and fees if our Platform or electronic confirmation of the Booking does not indicate otherwise. The price is for one person or group. If the School charges a cancellation fee, the applicable fees and taxes may also be added.
9. Change of Booking, Cancellation and Refund
9.1.Users shall be liable for any changes made to booking directly through the Platform or with the help of Spotsmap.com support staff, and are required to pay any additional fees associated with such Booking Changes.
9.2.Students may cancel a confirmed booking at any time in accordance with the cancellation rules set by the School. At the same time, the School is obliged to transfer the refund amount to the student in accordance with the cancellation rules.
9.3.Spotsmap.com undertakes no obligation to refund the money paid for Booking in advance directly in favour of the School, including in the case of cancellation of the Booking due to the fault of the School. The student must notify Spotsmap.com of such cancellation in any way provided by the Platform.
9.4.If Spotsmap.com accepted the payment on behalf of the School, Spotsmap.com shall refund the money paid to the School if the Booking is canceled due to the fault of the School.
9.5.If the provision of services is considered unsafe for Students due to weather conditions or because of the Students' fault, the School shall have the right to cancel the provision of such Services. In case of cancellation of the Services due to weather conditions, the School undertakes to make the necessary efforts to provide the Services on the additionally agreed date, otherwise it undertakes to return the money paid for the Services in advance.
10. Correspondence and Communication
10.1.By completing the Booking, the Student agrees to receive (i) an e-mail that we may send to him/her immediately before the day of arrival, with information about the School and the Services booked, (ii) an e-mail at the end of the provision of Services with a request to evaluate the Services.
10.2.Spotsmap.com shall not be liable for the exchange of messages from or with the School, which is carried out on or using the Platform. Users cannot claim any rights based on any request or message sent to another User.
10.3.To complete and guarantee the Booking, the Student must provide the correct email address. We are not responsible for (and are not required to verify) any incorrect or erroneous email address, incorrectly specified phone number or credit card number.
11. Prohibited Activities
11.1.By using the Platform, Users undertake not to personally do, and also not to help or allow others to do the following:
violate applicable laws or rules, terms of agreements with third parties, rights of third parties, these Terms and Conditions, as well as evade the observance thereof;
use the Platform for any commercial or other purpose that is not directly provided by these Terms and Conditions, or in ways that improperly indicate a recommendation from Spotsmap.com, partnerships with Spotsmap.com, or otherwise misleading about your relationship with Spotsmap.com;
use the Platform to distribute advertising messages not agreed with the recipient (spam);
offer Services you don't actually provide.
without our written consent, contact other Users for purposes other than clarifying issues related to your own booking, announcement, or use of the Platform by another User, including offering users to use third-party services, apps, or websites;
use the Platform to request, make or accept bookings outside the Platform without paying Platform Fees;
discriminate or persecute on the basis of race, national origin, religion, sex, gender identity, physical or mental capacity, medical status, marital status, age or sexual orientation, and other aggressive, harmful, abusive or dangerous acts;
without the written consent of Spotsmap.com, to use demonstrate, duplicate or reproduce the Platform, any elements thereof, the Spotsmap.com name, the Spotsmap.com trademark, the logo or other information that is owned by Spotsmap.com, as well as the structure or design of the pages or forms present on the pages of the Platform;
to undermine or denigrate the Spotsmap.com brand or otherwise cause damage to it, including the unauthorized use of content posted on the Platform, to register and / or use the Spotsmap.com name or derivative terms that are similar to the extent confusion with domains, trademarks, slogans, advertising campaign elements or Spotsmap.com content, and also imitate them;
to use robots, crawlers, bots and other automated tools or processes to collect data or other content, as well as to access them and perform other actions on the Platform, regardless of goals;
to avoid, delete, deactivate, damage, decrypt or otherwise circumvent any technical means used by Spotsmap.com, Spotsmap.com suppliers or other third parties to ensure the security of the Platform;
to make attempts to decrypt, decompile, disassemble software used to provide the Platform, and attempt to uncover its technology;
to take any action that is harmful and negatively impact, and may damage or adversely affect the performance or proper functioning of the Platform;
to violate someone's rights or otherwise harm someone.
11.2.Spotsmap.com is not obliged to track access to the Platform or its use by Users, to check and edit any User Content or to stop access thereto, but it has the right to make so (i) in order to ensure the functioning, security and improvement of the Platform (including to prevent fraudulent action, risk assessment, investigation and customer support); (ii) to ensure that Users comply with these Terms and Conditions; (iii) in compliance with the requirements of the law, a decision or order of a court, instructions of law enforcement, administrative or government authorities; (iv) to respond to User Content that Spotsmap.com determines to be dangerous or controversial; (v) for other purposes provided for in these Terms and Conditions. Users agree to cooperate in good faith with Spotsmap.com, provide Spotsmap.com with any information, and take any action reasonably requested by Spotsmap.com as part of an investigation conducted by Spotsmap.com or its representative related to the use or violation of the Platform's rules.
11.3.If you believe that a User with whom you interact personally or on the Internet is behaving inappropriately, including (i) demonstrating offensive, rude or sexually inappropriate behavior, (ii) is suspected of stealing from you, or (iii ) demonstrating other disturbing behavior, then you should immediately report it to the competent authorities, and then notify Spotsmap.com with your police station number and report number (if applicable). You agree that your notice does not oblige us to take any action beyond the legal limit (if available).
12. Duration, termination, and suspension of the agreement
12.1.This Agreement is valid for 30 days, after which it is automatically extended for the next 30 days until you and Spotsmap.com are terminated in accordance with this provision.
12.2.You can terminate this Agreement at any time by emailing us. If you delete your School Account, all confirmed bookings will be automatically cancelled and your Students will receive a full refund (if applicable, i.e. if payments are made through Spotsmap.com). If you delete an Account as Student, all confirmed bookings will be automatically cancelled and refunds will be made in accordance with the cancellation rules specified in the School announcement.
12.3.Spotsmap.com may choose to terminate this Agreement at any time, by sending you an e-mail notification within 30 (thirty) days, which does not limit the following Spotsmap.com rights.
12.4.Spotsmap.com may immediately and without notice terminate this Agreement and/or prohibit access to the Spotsmap.com Platform in the following cases: (i) you have committed a significant breach of your obligations under these Terms and Conditions; (ii) you have violated existing laws, by-laws or third party rights; (iii) Spotsmap.com has reason to believe that such an action is reasonably necessary to protect the interests of other Users, Spotsmap.com, or third parties (e.g. in the case of attempted fraud by the User).
12.5.In addition, Spotsmap.com may take any of the following measures (i) to comply with the requirements of the law, court decision or order, instructions from law enforcement, administrative or government authorities; (ii) if you have violated these Terms, applicable laws, regulations or third party rights; (iii) if you provided incorrect, distorted, outdated or incomplete information when registering an Account, posting an advertisement or later; (iv) if you and / or your ads or Services no longer meet applicable quality or suitability criteria; (v) if Spotsmap.com has received complaints about your behavior or services or has information about it; (vi) if you have repeatedly canceled confirmed reservations or did not respond to reservation requests without good reason; (vii) if Spotsmap.com has reason to believe that such action is necessary for the personal safety or security of the property of Spotsmap.com, its Users or third parties, or to prevent fraud or other illegal activity:
refuse to publish or delete ads or other User content or postpone publication thereof;
cancel all pending or confirmed bookings;
restrict your access to the Platform or your use of the Platform;
temporarily, and in the event of gross or repeated violations - on an ongoing basis, terminate your Account and deny access to the Platform.
12.6.If the violations are not material, then you will receive a notification about the measures planned by Spotsmap.com, with a proposal to eliminate the cause of the violation in accordance with the requirements of Spotsmap.com.
12.7.If any of the above measures are applied, you will not be entitled to any compensation for pending or confirmed bookings that have been canceled.
12.8.If you terminate this Agreement, you are not entitled to recover your Account or User Content. If your access to the Platform is restricted, your Account is suspended, or this Agreement is terminated on our initiative, you may not register a new Account, attempt to access the Platform, or use it through another User's Account.
12.9.In the event of the termination and expiration of this Agreement, Section 6 and Sections 13 to 15 of the Terms and Conditions shall remain in force.
13.1.You use the Platform and the content it contains voluntarily and at your own risk. The platform and the content it contains are provided "as is" without warranty of any kind, either express or implied.
13.2.You acknowledge that you have had all the necessary facilities and means to study Spotsmap.com services, laws, rules and regulations that may apply to your ads and / or the Services that you receive. You also acknowledge that you are not relying on any legal or other statement from Spotsmap.com in relation to any announcement.
13.3.The fact that we conduct a verification of the identity or reliability of any User to the extent permitted by applicable law does not entail the provision of explicit or implicit guarantees that as a result of verification, all facts of violations committed by Users in the past will be established, and their violations in the future will be excluded.
13.4.You agree that the Services may involve certain risks. By using these Services, you voluntarily assume these risks. Thus, the Services may involve risks of illness, injury, physical injury or death, and by using the Services, you voluntarily and knowingly accept these risks. You accept full responsibility for actions taken before, during and after using the Services.
13.5.The foregoing disclaimer applies to the maximum extent permitted by applicable law. You may have other rights provided by law. In this case, the scope of the provided mandatory rights and guarantees (if any) will be limited to the maximum extent permitted by law.
14. Limitation of Liability
14.1.Spotsmap.com shall not be liable under the law for (i) any penalties, direct, indirect and consequential loss and damage, any loss of production, lost profits, loss of income, failure to conclude a contract, loss or damage to business reputation and failure to satisfy a claim for damages, (ii) inaccuracy regarding the (descriptive) information of the School provided on the Platform, (iii) services or products offered by the Schools, (iv) any (direct, indirect, consequential or punitive) damages or costs incurred, accepted or paid by you and arising from or as a result of use, inability to use or interruption in the operation of the Platform, or (v) (personal) bodily injury, death, damage to property or other (direct, indirect, consequential or punitive) losses, damage or costs incurred, accepted or paid for by you as a result of (legal) actions, errors, violations, negligence, willful misconduct, inaction, non-performance, misinterpretation, wrongdoing or absolute liability (in whole or in part) of Schools (including their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose Services (directly or indirectly) are available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control. In addition, please read the Disclaimer.
14.2.Spotsmap.com shall not be liable for the use, validity, quality, compliance, suitability and timeliness of service delivery, nor does it provide any assurances, guarantees or conditions of any kind in this regard, including implied, statutory or otherwise, including any implied guarantees of commercial quality, property rights, non-infringement of rights or suitability for a particular purpose. You confirm and agree that the School concerned assumes all obligations and takes full responsibility for the Services. Claims for Services must be processed by the School providing such Services. Spotsmap.com is not liable for such claims, complaints, and obligations (in relation to the product).
14.3.Regardless of whether the School charges you for the Services or we collect payment on behalf of the School, you agree and acknowledge that in all cases the Travel Provider is responsible for collecting, withholding, remitting, and paying the applicable taxes due and payable on the total the cost of the Services to the authorized tax authorities.
14.4.In the event of any loss, damage, loss of profits, harm, damage to reputation and other costs caused by the actions and (or) inaction of the Users of Spotsmap.com, the User undertakes to reimburse such costs based on a written claim from Spotsmap.com.
15. Applicable Law, Jurisdiction, Dispute Resolution, Changes to Terms and Conditions
15.1.These Terms and Conditions and services are regulated and interpreted in accordance with the civil law of the Russian Federation (the applicable law of choice of the parties to the agreement). Regardless of the above choice of law, in legal relations directly with Spotsmap.com an individual using the Platform for personal needs (the consumer) may rely on the binding provisions of the law of the country in which he/she permanently resides (i.e. provisions that, in accordance with the rules of choice of the law of that country, should apply regardless of this reservation of applicable law).
15.2.Spotsmap.com does not own, create, sell, resell, control, offer, or provide any Services, and does not manage them. Any disputes arising in connection with these Terms and Conditions and the Spotsmap.com services shall be resolved exclusively in the competent courts of the Russian Federation. The consumer may also file lawsuits on grounds relating to the use of the Platform with respect to the enforcement of the relevant mandatory provisions in the courts of the country in which he/she permanently resides, but claims that must be filed against schools in relation to their services cannot be filed with Spotsmap.com.
15.3.These Terms and Conditions are written in Russian and English, which have equal legal force. Versions of this Terms and Conditions in other languages are unofficial translations, and you cannot claim any rights based on a translated version of these rules and conditions. In the event of disputes about the information content or interpretation of these Terms and Conditions, as well as in the case of discrepancies or inconsistencies between the English/Russian versions and any other language version thereof, the English/Russian language versions should be applied, prevailed and be undeniable in accordance with the law. English and Russian versions of these Terms and Conditions are available on the Platform (when choosing the appropriate language) and can be provided to you on a written request.
15.4.If any provision of these Terms and Conditions is, or becomes invalid, legitimate or ceases to be binding, the remaining provisions of these Terms and Conditions will be fully applied. In such a case, such an invalid provision must, however, be strictly enforceable in accordance with applicable law, and users are required to comply with this condition, regardless of its inadmissibility, the absence of its legal or binding force, taking into account the content and purpose of these Terms and Conditions.
15.5.Spotsmap.com reserves the right to amend these Terms and Conditions at any time in accordance with this provision. If these Terms and Conditions are changed, the updated Terms and Conditions shall be published on the Spotsmap.com Platform, with the date of the last update at the top of the first page thereof. We will also notify you of the changes by email at least thirty (30) days before the changes take effect. If you disagree with the updated Terms and Conditions, you may terminate this Agreement with immediate effect. We will inform you of the right to terminate the Agreement in an emailed notice. By not terminating the Agreement before the change comes into force and continuing to use the Spotsmap.com Platform, you confirm the adoption of the updated Terms and Conditions.