Terms of Service

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the FistBumpP latform, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement ("Agreement") between you and Alkamel BV ( "FistBump") governing your access to and use of the FistBump platform, including any subdomains thereof, and any other websites through which FistBump makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "FistBump Services").

Our collection and use of personal information in connection with your access to and use of the FistBump Platform is described in our Privacy Policy.

Tour Guides alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their services.

1.1 The Fistbump Platform is an online platform that enables registered tourists ("Tourists") and registered tour guides ("Guides")("Tourist and Guide Reffered to as parties") who offer Guided tours ("Tours") as a service to publish such tours on the FistBump Platform ("Listings") and to communicate and transact directly with tourists that are seeking to book such tours. Tours may include the offering of single or multi-day activities in various categories, access to unique events and locations Events, and a variety of other travel and non-travel related services.

1. Scope of Fistbump Services

1.1 The Fistbump Platform is an online platform that enables registered tourists ("Tourists") and registered tour guides ("Guides")("Tourist and Guide Reffered to as parties") who offer Guided tours ("Tours") as a service to publish such tours on the FistBump Platform ("Listings") and to communicate and transact directly with tourists that are seeking to book such tours. Tours may include the offering of single or multi-day activities in various categories, access to unique events and locations Events, and a variety of other travel and non-travel related services.

1.2 As the provider of the Fistbump Platform, Fistbump does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or tours, nor is Fistbump an organiser or retailer of travel packages under Directive (EU) 2015/2302. Guides alone are responsible for their Listings and Tours. When Tourists make a booking with a Guide, they are entering into a contract directly with each other. FistBump is not and does not become a party to or other participant in any contractual relationship between the parties. Fistbump is not acting as an agent in any capacity for any party, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes between parties, FistBump has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Tours, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Party Content, or (iii) the performance or conduct of any Parties or third party. FistBump does not endorse any party, Listing or tour. Any references to a party being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by FistBump about any Member, including of the parties' identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book or take a listed tour, participate in an Experience or Event or use other services offered, accept a booking request from a tourist, or communicate and interact with other parties, whether online or in person. Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Fistbump of any Tour or Listing.

1.4 If you choose to use the FistBump Platform as Guide, your relationship with FistBump is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Fistbump for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Fistbump. Fistbump does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Listing and Tours. You acknowledge and agree that you have complete discretion whether to list Tours or otherwise engage in other business or employment activities.

1.5 To promote the FistBump Platform and to increase the exposure of Listings to potential tourists, Listings and other Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist tourists who speak different languages, Listings and other Content may be translated, in whole or in part, into other languages. Fistbump cannot guarantee the accuracy or quality of such translations and guides are responsible for reviewing and verifying the accuracy of such translations. The Fistbump Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The Fistbump Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Fistbump is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Fistbump of such Third-Party Services.

1.7 Due to the nature of the Internet, Fistbump cannot guarantee the continuous and uninterrupted availability and accessibility of the Fistbump Platform. Fistbump may restrict the availability of the Fistbump Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Fistbump Platform. Fistbump may improve, enhance and modify the Platform and introduce new  Services from time to time.

2. Eligibility, Using the Fistbump Platform, Member Verification

2.1 In order to access and use the FistBump Platform or register a Fistbump Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

2.2 Fistbump may make access to and use of the FistBump Platform, or certain areas or features of the Fistbump Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a tourist’s booking and cancellation history.

2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.4 The access to or use of certain areas and features of the Fistbump Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Fistbump Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Fistbump Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Fistbump Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

FistBump reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Fistbump Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Fistbump Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("Fistbump Account") to access and use certain features of the Fistbump Platform, such as publishing or booking a tour or service. If you are registering an Fistbump Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register a fistbump Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account").

4.3 You must provide accurate, current and complete information during the registration process and keep your FistBump Account and public Fistbump Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Fistbump Account unless Fistbump authorizes you to do so. You may not assign or otherwise transfer your Fistbump Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Fistbump Account credentials and may not disclose your credentials to any third party. You must immediately notify Fistbump if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Fistbump Account. You are liable for any and all activities conducted through your Fistbump Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

5. Content

5.1 Fistbump may, at its sole discretion, enable parties to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Fistbump Platform ("Member Content"); and (ii) access and view Member Content and any content that Fistbump itself makes available on or through the Fistbump Platform, including proprietary Fistbump content and any content licensed or authorized for use by or through Fistbump from a third party ("Fistbump Content" and together with Member Content, "Collective Content").

5.2 The Fistbump Platform, Fistbump Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the European union and other countries. You acknowledge and agree that the Fistbump Platform and Fistbump Content, including all associated intellectual property rights, are the exclusive property of Fistbump and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Fistbump Platform, Fistbump Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Fistbump used on or in connection with the Fistbump Platform and Fistbump Content are copyrighted ti Fistbump and may not be used or distrubuted without written consent.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Fistbump Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fistbump or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Fistbump grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Fistbump Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Fistbump Platform, you grant to Fistbump a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Fistbump Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Fistbump does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 You are solely responsible for all  Content that you make available on or through the Fistbump Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available on or through the Fistbump Platform or you have all rights, licenses, consents and releases that are necessary to grant to Fistbump the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Fistbump's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.7 You will not post, upload, publish, submit or transmit any Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances.

5.8 Fistbump respects copyright law and expects its Members to do the same. If you believe that any content on the Fistbump Platform infringes copyrights you own, please notify us.

6. Service Fees

6.1 Fistbump may and will charge fees to guides ("Guide Fees") and/or tourists ("tourist Fees") (collectively, "Service Fees") in consideration for the use of the Fistbump Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a guide or tourist prior to publishing or booking a Listing. Fistbump reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to Fistbump. The applicable Service Fees (including any applicable Taxes) are collected by Fistbump. Fistbump will deduct any guide Fees from the Listing Fee before remitting the payout to the guide. Any guide Fees are included in the Total Fees collected by Fistbump. Except as otherwise provided on the Fistbump Platform, Service Fees are non-refundable.

7. Terms specific for Guides

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the Fistbump Platform you must (i) provide complete and accurate information about your tour(such as tour description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Fistbump. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a tourist requests a booking of your Listing, you may not request that the tourist pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your tour. Fistbump reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the Fistbump Platform may vary and depend on a variety of factors, such as tourist search parameters and preferences, guide requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of tours, and/or ease of booking.

7.1.6 When you accept or have pre-approved a booking request by a tourist, you are entering into a legally binding agreement with the tourist and are required to provide your tour service(s) to the tourist as described in your Listing when the booking request is made. You also agree to pay the applicable guide Fee and any applicable Taxes.

7.2 Listing Tours

    You represent and warrant that any Listing you post and the booking of, or a tourist's will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations. As a guide, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you choose to be present at the tour.

8. Terms specific for tourists

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by FistBump and/or the guide, you can book a tour available on the Fistbump Platform by following the respective booking process. All applicable fees, including the tour Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a tour. You agree to pay the Total Fees for any booking requested in connection with your Fistbump Account.

8.1.2 Upon receipt of a booking confirmation from Fistbump and the tour guide, a legally binding agreement is formed between you and your guide, subject to any additional terms and conditions of the guide that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Fistbump will collect the Total Fees at the time of the booking acceptance by the guide.

8.1.3 If you book a tour on behalf of additional tourists, you are required to ensure that every additional tourist meets any requirements set by the guide, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the guide. If you are booking for an additional tourist who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor.

8.2 Booking Tours and other guide Services

8.2.1 You should carefully review the description of any tour, Event or other guide Service you intend to book to ensure you (and any additional tourist you are booking for) meet any minimum age, proficiency, fitness or other requirements which the guide has specified in their Listing. At your sole discretion you may want to inform the guide of any medical or physical conditions, or other circumstances that may impact your and any additional tourists’s ability to participate in any tour, Event or other service. In addition, certain laws, like the minimum legal drinking age in the location of the tour, Event or other service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Service.

8.2.2 Before and during a tour, Event or other Service you must at all times adhere to the guide’s instructions.

8.2.3 You may not bring any additional individuals to a tour, Event or other Service unless such an individual was added by you as an additional tourist during the booking process on the Fistbump Platform.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 tourists and guides are responsible for any modifications to a booking that they make via the Fistbump Platform or direct Fistbump customer service to make ("Booking Modifications"), and agree to pay any additional Fees and/or Taxes associated with such Booking Modifications.

9.2 Tourists can always cancel a booking as long as the tour guide did not make a confirmation or acceptance for the booking.  however tourists can not cancel a confirmed booking at any time after it has been accepted by the tour guide.

9.3 If a guide does not show up for a confirmed booking, the tourist can login to the application and mark the tour as no show.  The tourist will then receive a full refund of the Total Fees for the booking.

9.4 In certain circumstances, Fistbump may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for the following reason (and not limited to) where Fistbump believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Fistbump, other Members or third parties.

9.8 Except as otherwise set out in these Terms, parties may use the Resolution Center to send or request money for refunds. You agree to pay all amounts sent through the Resolution Center in connection with your Fistbump Account, and Fistbump will handle all such payments.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Tourists and/or guides can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual party and do not reflect the opinion of Fistbump. Ratings and Reviews are not verified by Fistbump for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by tourists and guides must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Fistbump’s Content Policy and Extortion Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another party.

10.4 Ratings and Reviews are part of a user’s public profile and may also be surfaced elsewhere on the Fistbump Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

11. Disputes between Members

 

Members agree to cooperate with and assist Fistbump in good faith, and to provide Fistbump with such information and take such actions as may be reasonably requested by Fistbump, in connection with any Claims or other complaints or claims made by another party.  You agree to cooperate with and assist Fistbump in good faith, and to provide Fistbump with such information as may be reasonably requested by Fistbump including, but not limited to, executing documents and taking such further acts as Fistbump may reasonably request to assist Fistbump in accomplishing the foregoing.

12. Rounding off

Fistbump generally supports payment amounts that are payable from or to tourist or guide to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where FistBump’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Fistbump may, in its sole discretion, round up or round down the displayed amounts that are payable from or to tourists or guides to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Fistbump may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

13. Taxes

13.1 As a guide you are solely responsible for determining your obligations to report, collect, remit or include in your tour Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

13.2 Tax regulations may require us to collect appropriate Tax information from guides, or to withhold Taxes from payouts to guides, or both. If a guide fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your tour is located may require Taxes to be collected from tourists or guides on tour Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the tour Fees set by guide, a set amount per day, or other variations.

13.4 In certain jurisdictions, Fistbump may decide in its sole discretion to facilitate collection and remittance of Taxes from or on behalf of tourists or guides, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts Fistbump or guides have a Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Fistbump to collect Taxes from tourists on the guide's behalf at the time tour Fees are collected, and to remit such Taxes to the Tax Authority. In other jurisdictions Fistbump may decide in its sole discretion to collect Taxes and remit such Taxes to eligible and qualifying guides, based on tax information supplied by the guide, for ultimate reporting and remittance by such guide to the Tax Authority.

13.5 You agree that any claim or cause of action relating to Fistbump's facilitation of Collection and Remittance of Taxes shall not extend to any supplier or vendor that may be used by Fistbump in connection with facilitation of Collection and Remittance, if any. Tourists and guides agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Taxes collected is a refund of Occupancy Taxes collected by Fistbump from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

13.6 Fistbump reserves the right, with prior notice to guides, to cease the Collection and Remittance in any jurisdiction for any reason at which point guides and tourists are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply.

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Fistbump Platform. In connection with your use of the Fistbump Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards.
  • use the Fistbump Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Fistbump endorsement, partnership or otherwise misleads others as to your affiliation with Fistbump.
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Fistbump Platform in any way that is inconsistent with Fistbump’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties.
  • use the Fistbump Platform in connection with the distribution of unsolicited commercial messages ("spam").
  • offer, as a guide, any tours that you do not yourself have permission to make available through the Fistbump Platform.
  • unless Fistbump explicitly permits otherwise, book any Listing if you will not actually be using the guide Services yourself.
  • contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Fistbump Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval.
  • use the Fistbump Platform to request, make or accept a booking independent of the Fistbump Platform, to circumvent any Service Fees or for any other reason.
  • request, accept or make any payment for Listing Fees outside of the Fistbump Platform or FistBump Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Fistbump harmless from any liability for such payment.
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior.
  • use, display, mirror or frame the Fistbump Platform or Collective Content, or any individual element within the Fistbump Platform, Fistbump's name, any Fistbump trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Fistbump Platform, without Fistbump's express written consent;
  • dilute, tarnish or otherwise harm the Fistbump brand in any way, including through unauthorized use of Collective Content, registering and/or using Fistbump or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Fistbump domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Fistbump Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Fistbump or any of Fistbump's providers or any other third party to protect the Fistbump Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Fistbump Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Fistbump Platform;
  • export, re-export, import, or transfer the Application except as authorized by dutch law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

 

14.2 You acknowledge that Fistbump has no obligation to monitor the access to or use of the Fistbump Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Fistbump Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Fistbump in good faith, and to provide Fistbump with such information and take such actions as may be reasonably requested by Fistbump with respect to any investigation undertaken by Fistbump or a representative of Fistbump regarding the use or abuse of the Fistbump Platform.

14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Fistbump by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Fistbump terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Fistbump Account as a guide touy should not have pending confirmed booking(s),  if you do, cancellation will only occur once your account has no more pending confirmed bookings. If you cancel your Fistbump Account as a tourist, any confirmed booking(s) will be automatically cancelled and there will be no refund for any amounts paid for those bookings.

15.3 Without limiting our rights specified below, Fistbump may terminate this Agreement for convenience at any time by giving you thirty (15) days' notice via email to your registered email address.

15.4 Fistbump may immediately, without notice, terminate this Agreement and/or stop providing access to the Fistbump Platform if (i) you have materially breached your obligations under these Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Fistbump believes in good faith that such action is reasonably necessary to protect the personal safety or property of Fistbump, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, Fistbump may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Fistbump Account registration, Listing process or thereafter, (iv) you and/or your Listings or tour Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Fistbump otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled bookings or failed to respond to booking requests without a valid reason, or (vii) Fistbump believes in good faith that such action is reasonably necessary to protect the personal safety or property of Fistbump, its Members, or third parties, or to prevent fraud or other illegal activity:

 

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content.
  • cancel any pending or confirmed bookings.
  • limit your access to or use of the Fistbump Platform.
  • temporarily or permanently revoke any special status associated with your Fistbump Account.
  • temporarily or in case of severe or repeated offenses permanently suspend your Fistbump Account and stop providing access to the Fistbump Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Fistbump and an opportunity to resolve the issue to Fistbump's reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your tourists in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Fistbump Account or any of your account Content. If your access to or use of the Fistbump Platform has been limited or your Fistbump Account has been suspended or this Agreement has been terminated by us, you may not register a new Fistbump Account or access and use the Fistbump Platform through an Fistbump Account of another Member.

15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.

16. Disclaimers

If you choose to use the Fistbump Platform or Content, you do so voluntarily and at your sole risk. The Fistbump Platform and Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Fistbump Services, laws, rules, or regulations that may be applicable to your Listings and/or Services you are receiving and that you are not relying upon any statement of law or fact made by Fistbump relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Experiences, Events, other Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some tours may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those tours. You assume full responsibility for the choices you make before, during and after your participation in a guide's tours or services. If you are bringing a minor as an additional tourist, you are solely responsible for the supervision of that minor throughout the duration of your tour and to the maximum extent permitted by law, you agree to release and hold harmless Fistbump from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the tour  or in any way related to your guide's Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Fistbump Platform, your publishing or booking of any Listing via the Fistbump Platform, participation in any tour, Experience or Event or use of any other guide Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Fistbump nor any other party involved in creating, producing, or delivering the Fistbump Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Fistbump Platform, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Fistbump Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Fistbump has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose

18. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Fistbump’s option), indemnify, and hold Fistbump and its affiliates and subsidiaries, including but not limited to their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Fistbump Platform or any Fistbump Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use.

19. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Fistbump Platform (“Feedback“). You may submit Feedback by emailing us or by other means of communication. Any Feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and non-proprietary to you.

20. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with Dutch law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of dutch law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Fistbump's place of business in Netherlands. If Fistbump wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Dutch courts.

21. General Provisions

21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Fistbump and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Fistbump and you in relation to the access to and use of the Fistbump Platform.

21.2 No joint venture, partnership, employment, or agency relationship exists between you and FistBump as a result of this Agreement or your use of the Fistbump Platform.

21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

21.5 Fistbump’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Fistbump's prior written consent. Fistbump may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

21.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Fistbump via email, Fistbump Platform notification, or messaging service.

21.8 If you have any questions about these Terms please email us.