Terms of Use

ONSWELL TERMS OF USE

These terms of use are entered into by and between you and Onswell, LLC, a California limited liability company (”Onswell”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.onswell.com, including, without limitation, any content, functionality, and services offered on or through www.onswell.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are at least eighteen (18) years of age and have reached the age of majority in their state or province and who reside in the United States or Canada or any of its territories or possessions. By using this Website, you represent and warrant that you are legally able to form a binding contract with Onswell and meet all of the foregoing eligibility requirements. If you are accepting these Terms of Use on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. If you do not meet these requirements, you must not access or use the Website. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), the Company will never knowingly solicit, nor will it accept, personally identifiable information from users known to be under thirteen (13) years of age. ‌

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept, and agree to, the changes. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.

ACCESS TO THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information and exit out of the account after your use.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole discretion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Onswell, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Additionally, Onswell owns any feedback you may provide to us, including, without limitation, any intellectual property rights therein.

These Terms of Use permit you to use the Website for your personal, non-commercial use only unless you have entered into a separate written agreement with us. You agree to not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in any computer memory incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You agree to not:

Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Incorporate any content or design of this Website into another website without the Company’s express written consent.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Link to any portion of this Website for any purpose, except as described in these Terms of Use, without Onswell’s express written consent.

Unless otherwise subsequently agreed to in writing with us, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@onswell.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Onswell. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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TRADEMARKS

The Onswell name, the term Onswell, the Onswell logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Onswell or its affiliates or licensors.

You must not use such marks without the prior written permission of Onswell. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

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PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that constitutes or encourages violating any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Onswell, an Onswell employee or contractor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm Onswell or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the website.

‌USER CONTRIBUTIONS

The Website may, or may in the future, contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, reviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Onswell, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

MONITORING, ENFORCEMENT AND TERMINATION

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards listed below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Onswell.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS ONSWELL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM OR IN CONNECTION WITH ANY ACTION TAKEN BY ONSWELL OR THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ONSWELL OR LAW ENFORCEMENT AUTHORITIES. However, we cannot and do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action, omission or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you agree that your User Contributions shall not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, including excessive use of scripts, sound waves, or scrolling (repeating the same message over and over).
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Include any reference to or links to a competitor’s name, website, services, prices, or perceived value.
Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes, or plan or participate in scams involving other users.

COPYRIGHT INFRINGEMENT

If you believe that any User Contributions violate your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement. It is the policy of Onswell to terminate the user accounts of repeat infringers.

COPYRIGHT POLICY

The Website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Website are protected by copyright, trademark, and other intellectual property laws of the United States. Onswell owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Onswell or the copyright owner is permitted. If downloading, copying, redistributing, retransmitting, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

Onswell owns trademarks, registered and unregistered, in many countries and "Onswell," the Onswell logos and variations thereof found on the Website are trademarks owned by Onswell or its related entities and all use of these marks inures to the benefit of Onswell. Other marks on the Website not owned by Onswell may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Onswell or such may be the property of their respective owners. You may not use Onswell’s name, logos, trademarks or brands, or trademarks or brands of others on the Website without Onswell’s express permission.

REPORT INFRINGEMENT

Onswell respects the intellectual property rights of others. If you own copyright, trademark, patent or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on our Website infringes the IP Rights Owner’s copyright, trademark, patent or other intellectual property right, please submit an email to info@onswell.com to report an infringement, containing the following information and assertion statement:

Your name, phone number, address, and preferred email address.
The Brand or Product to which you own the rights and the type of intellectual property protection you have (for example: Trademark, Copyright, Patent, or Design Registration).
The URL(s) of the alleged infringement on Onswell’s Website and a description of the good, content or promotion that you believe infringes the IP Rights Owner's intellectual property (include links where applicable) and explain why you believe it infringes.
Assertion Statement: I am the IP Rights Owner or the Authorized Agent of the IP Rights Owner; and I certify that the information I have provided in the above form is accurate; and I have a good faith belief that the use(s) of the items or materials identified in the above form are not authorized by me or (if signed by the Agent) by the IP Rights Owner, or the law.

Onswell may provide the party responsible for the alleged infringement (“Responsible Party”) with the name and email address of the IP Rights Owner and/or the Authorized Agent. By submitting a claim via email, you agree that Onswell can provide this information to the Responsible Party.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Onswell, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Onswell. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Onswell does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions and other information). In addition, Onswell expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.

CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

THIRD-PARTY PROVIDERS

Onswell partners directly with experience providers, hotels and other suppliers (“Third Party Providers”) to provide availability, pricing, inventory, contracting and support. These Third Party Providers on the Website are independent contractors and not agents or employees of Onswell. Further, Onswell is not responsible for contracting agreements between the traveler and these Third Party Providers.

Further, Onswell provides a comprehensive Website with information regarding experiences and services, including but not limited to, within the categories of health, wellness, spirituality, performance, adventure, education and/or volunteerism to the general public (“Experiences”). The information provided is obtained directly from the Third Party Provider or from the Third Party Provider’s publicly accessible website. We do not take responsibility for either the Third Party Provider’s service in any capacity or the withdrawal or alteration of any of these services. Please refer to our Terms of Sale hereinbelow for guidance related to booking your Experiences and/or making special requests with the Third Party Provider.

By participating in any Third Party Experiences you may have booked or viewed on the Website, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release Onswell from any and all claims or causes of action, known or unknown, arising out of or in connection with the provision of Experiences, including any arising from or in connection with Onswell’s negligence. Please consult with your physician before beginning any exercise program or participating in any activity.

By choosing to book and/or participate in any Experiences found on this Website, you agree to the following:

You understand there is an inherent risk associated with any Experiences, including your voluntary participation in physical activity, treatments, or programs, that may result in injury. You understand and are aware that the components of your chosen Experiences are potentially hazardous and may cause injury.
You acknowledge that you have either 1) had a physical examination and/or have been given permission from your physician to participate in Experiences or 2) that you have decided to participate in a Experiences voluntarily and without the approval of your physician and do hereby assume all responsibility for your participation in said Experiences.
You, your heirs, and legal representatives, do hereby forever waive and release Onswell, its agents and employees, and any affiliated third parties from any and all liability and responsibility from injury, accident, illness, legal and medical fees sustained now or in the future resulting from your participation in any Wellness Activities booked or identified through the Website.
You understand that the Website exists exclusively as a means to assist travelers in identifying travel options, determining availability, and making legitimate travel reservations, and for no other purpose. Onswell is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition or assessing the appropriateness of an activity for a specific User.

TERMS OF SALE: ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS

All purchases through our Website or other transactions for the sale of goods or services, or information formed through the Website, or resulting from visits made by you, are governed by these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Website. Specific destination, resorts and their Third Party operators will have their own terms reflected within this Website which will apply to a purchase of their products and services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

A. Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

B. Prices and Payment Terms

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time that payment in full is accepted by the Company and will be set out in your order confirmation email. After payment is received, which is sufficient to guarantee the price, price increases may still occur by reason of factors outside our control, which result from an increase in the cost of the product or service; such factors may include adverse currency fluctuations, fuel surcharges and taxes. Additional taxes and surcharges may be requested and required by the Third Party Provider at the time of check-in or check-out. We are not responsible or liable for these additional payments.

We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time-to-time promotions on our Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

Once final payment has been made for the reservation, the Third Party Provider’s terms and conditions govern the transaction and your payment may be non-refundable. Please read terms and conditions of your trip carefully prior to booking.

In some cases, your reservation may require an initial deposit or installment payments which may be non-refundable. You will be required to make the final payment in accordance with the timeline provided by the terms associated with your specific order. Any refund in the event of a cancellation will be in accordance with the Third Party Provider’s terms and conditions. Failure to remit payments on a timely basis will automatically put your booking at risk of cancellation. You agree to fully indemnify and hold Onswell harmless for cancellation due to either late payment or declination of a credit card.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the billing information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your financial services company, and (iv) you will pay charges incurred by you at the posted prices, including any currency conversion charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. Onswell reserves the rights to charge a service fee, in which case you will be notified prior to booking of the service fee to be charged.

C. Changes, Cancellation, and Transfer

WE OFFER NO REFUNDS ON ANY PRODUCTS OR SERVICES DESIGNATED ON THIS SITE AS NON-REFUNDABLE. The Third Party Provider may charge cancellation fees, which can be up to one hundred percent (100%) of the cost, regardless of whether or not travel has commenced. Fees and extra charges may be also be applied by the Third Party Provider for changes made to your reservation. Any refunds due from the Third Party Provider may be credited back to you via the Third Party Provider. We may not provide these refunds directly. The time frame of these refunds are not within our control.

It is your responsibility to ensure that the name(s) on your reservation and booking match(es) the legal name(s) on the relevant passport or government issued identification before making payment.

Travel documents include, without limitation, hotel vouchers, tour vouchers or any other document, whether such contain certain conditions and/or restrictions including, without limitation, being non-refundable, non-date-changeable and subject to cancellation and/or amendment fees. Travel documents cannot be transferred to another person to use. If a name is incorrect on a booking, this may result in an inability to use that booking and the booking being cancelled or amended. Any errors in names, dates and timings on your documentation will be your responsibility, if not advised in writing at the time of booking. It is your responsibility to collect all travel documents from us prior to travel.

D. Travel Insurance

Travel Insurance is strongly recommended. It should be purchased from your chosen insurance company as soon as you book your travel. The travel insurance must be comprehensive and must cover accidents, injury, illness and death, medical and hospital expenses, including any related to pre-existing medical conditions, emergency repatriation (including helicopter rescue and air ambulance where applicable) and personal liability. It is recommended that the travel insurance covers loss of deposit, cancellation, curtailment and loss of personal property. The travel insurance is to cover the duration of your travel, and the country or region. You must carry proof of travel insurance with you, and produce it if reasonably requested, to ensure you have access to it while you are away.

E. Passports/Visas and Vaccinations

You must consult the relevant Embassy or Consulate for information relating to passport and/or visa requirements. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through.

You must ensure that you are aware of any health requirements for your travel and ensure that you carry all necessary vaccination documentation. Please check with your local doctor or specialist travel vaccination clinic. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Onswell has no responsibility to issue advisories or otherwise make recommendations as to health, safety or other risks of challenges of any destinations.

F. Bank and Credit Card Fees

When we process your payment, it is processed in the United States. When the travel supplier processes your payment, it will be processed in the country in which the travel supplier is based.

Onswell or the travel supplier may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the card).

Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

G. Currency Converter

If a currency converter is available on the Website, the following terms and conditions apply:

Currency rates 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. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Onswell, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

H. Special Requirements

Please communicate directly with your Third Party Provider regarding any special requirements you may have for your activity, including but not limited to dietary preferences and accommodation requests. It is your responsibility to confirm that your request has been received by the Third Party Provider and that they are able to accommodate such request. Onswell makes no guarantee that your request can be accommodated by the Third Party Provider, and your request may result in additional charges, for which you are responsible.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ONSWELL NOR ANY PERSON ASSOCIATED WITH ONSWELL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ONSWELL NOR ANYONE ASSOCIATED WITH ONSWELL REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ONSWELL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ONSWELL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, ONSWELL’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Onswell, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Website or arising from or relating to Third Party Providers.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

LIMITATION ON TIME TO FILE CLAIMS

Onswell is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.

To give us an opportunity to resolve informally any disputes between you and us arising out of or relating in any way to the Website, these Terms of Use, our Privacy Policy, any services or products provided, any dealings with our customer service agents, or any representations made by us (“Claims”), you agree to communicate your Claim to the Company by contacting Onswell Customer Support via support@onswell.com. You agree not to bring any suit or to initiate arbitration proceedings until sixty (60) days after the date on which you first communicated your Claims to Customer Support has elapsed. If we are not able to resolve your Claims within the sixty (60) day period, you may seek relief through arbitration or small claims court, as set forth below. Any disputes relating to the purchase of goods or services through our Website are governed by our Terms of Sale set forth hereinabove.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, YOU IRREVOCABLY AGREE THAT SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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ARBITRATION

At Onswell’s sole discretion, it may require you to submit any disputes arising from or in connection with these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law, except that either party may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs). You agree that the arbitrator must follow and enforce these Terms of Use. Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules, except as provided in this section. The AAA Rules are available at www.adr.org.

You irrevocably agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. An arbitration decision may be confirmed by any court with competent jurisdiction.

WAIVER AND SEVERABILITY

No waiver by Onswell of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Onswell to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Onswell regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

NEWSLETTERS

By accepting our Terms and Conditions you accept to receive our Newsletter correspondence. You may unsubscribe at any time via the link at the bottom of our emails.

NOTICES AND CONTACT INFORMATION

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us by email via notices@onswell.com. We may update the email address or add an address for notices to us by posting a notice on the Site. If applicable, notices provided by personal delivery will be effective immediately. Notices provided by email transmission or, if applicable, overnight courier will be effective one business day after they are sent. If applicable, notices provided by registered or certified mail will be effective three business days after they are sent.
Customer Support. We provide access to customer support. This service is available to make changes to current reservations, cancellations and support in emergency situations. We will do our very best to ensure your experience is positive however we are not responsible for the customer service experience directly, outcomes or terms and conditions implied by the supplier’s rules and regulations.
Customer Support Email Address: support@onswell.com.

YOUR COMMENTS AND CONCERNS

This website is operated by Onswell, LLC. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@onswell.com.

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