Ginza Media Limited Terms and Conditions

Last Modified: 22 April 2018

Acceptance of the Terms and Conditions

Please review the following terms and conditions of use carefully, which, together with any documents they expressly incorporate by reference (collectively, these “Terms and Conditions” or “Terms”), govern your access to and use of the website www.goginza.com (“Website”), related services, and other websites and applications that link to or display these Terms (collectively, the “Platform”) of Ginza Media Limited (“Ginza”, “Company”, “we” or “us”), whether as an unregistered or registered user.

By using or accessing the Platform or by clicking to accept or agree to the Terms when this option is made available to you, you (“User”, “you” or “your”) accept and agree to be bound and abide by these Terms and our Privacy Policy, found at www.goginza.com/privacy incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not register with, use or otherwise access the Platform.

This Platform is offered and available to users who are 18 years of age or older. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with Ginza and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Changes to the Terms and Conditions

We may revise and update these Terms 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 Platform thereafter. If we make material changes to this Policy, we will notify registered users (“Members”) using the email address associated with the Member’s account after we make the change.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

Accessing the Platform and Account Security

Subject to these Terms, Ginza grants you a limited, revocable, non-exclusive, nontransferable personal right to access and make use of the Platform and related services solely for the benefit of you and no commercial benefit other than those provided as part of the Platform’s services. Ginza reserves the right to revoke or limit your license and access to the Platform if you do not comply with these Terms.

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

You are responsible for:

  • Making all arrangements necessary for you to have access to the Platform, including providing, maintaining, and ensuring compatibility of all hardware, software, or other requirements necessary to access and use the Platform.

  • Ensuring that all persons who access the Platform through your device are aware of these Terms and comply with them.

  • Using the Platform and related services only for lawful purpose and following all applicable laws and regulations.

You may browse the Platform without creating an account; however, to access the Platform or some of the services it offers, you may be asked to provide certain registration details or other information, such as a username and password, to create an account (“Account”). It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, 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 to create, or are provided with, an Account or any other piece of information as part of our security procedures, you must treat such information as 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 Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorised access to or use of your Account, including 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.

We have the right to disable any Account, including 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 opinion, you have violated any provision of these Terms.

Bookings

If you wish to reserve or purchase any product or service made available on the Platform (a “Booking”), you may be asked to supply certain information relevant to your Booking including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Booking; and that (ii) the information you supply to us is true, correct and complete.

Ginza uses third parties for Booking management and payment processing and does not store any Member credit card details. By submitting payment information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Bookings.

We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

From the point at which you make or request to make a Booking on the Platform, Ginza acts solely as an intermediary between the Member booking the experience (the “Guest”) and the Member supplying the Experience (the “Host”). Ginza is not a party to any agreement between Guest and the Host and is not liable for any (attributable) failure to perform or other damages arising out of this relationship.

By booking an experience you consent to the Ginza Experiences Guest Release and Waiver found at www.goginza.com/experiences-guest-release-and-waiver.

Cancellations

A confirmed reservation may be cancelled by a Guest at any time up to the moment of the actual event. When cancelled 7 days before the actual event, 100% of the paid amount will be refunded to the Guest by Ginza. In this case the Host shall not be owed any payment.

When cancelled later than 7 days before the actual event, no refund is issued to the Guest, but the Host shall still get paid. Statutory cancellation possibilities are exempt from these regulations.

Hosts may cancel an Experience if unforeseeable or unavoidable external circumstances make it impossible, significantly impede, or compromise their ability to carry out the service. The Host is obliged to inform the participating Guests as early as possible and process the cancellation through Ginza by contacting bookings@goginza.com.

Hosts may also cancel or reschedule any individual or series of Experiences with 24 hours notice if a specified minimum number of tickets determined by the Host (the “Minimum Group Size”) is not sold by midnight 2 days prior to the scheduled date of the Experience.

If an Experience is cancelled by the Host, Guests who have already booked will be refunded the full price paid by them (the “Experience Price”) by Ginza and the Host shall not be owed any payment.

For an Experiences booked for a private group, Guests are required to pay a 50% (fifty percent) Deposit to confirm their booking, and the remaining balance will be invoiced 7 days before the Experience Date. The Deposit will be refunded to the Guest if they cancel 30 days or more before the Experience Date. If a Guest cancels 7 days or less prior to the Experience Date, the Guest shall owe the full Experience Price (less the Deposit if already paid).

Accuracy of Information

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

All information relating to an Experience is submitted to Ginza by the Host or third party supplying the Experience. Descriptions and images may be, though not necessarily, quality checked and edited for style and language by Ginza.

When rendering our service, the information we disclose is based on the information provided to us by the Host or third-party partners. Although we will use reasonable skill and care to verify Insiders and quality assure any Content and Experiences supplied by them, we cannot guarantee that all information is accurate, complete and/or correct at all times.

Each Member or Host remains responsible at all times for the accuracy, completeness and correctness of (descriptive) information supplied by them displayed on our platform. If you discover an error relating to your Member Content or Experience, you should notify Ginza immediately by contacting hello@goginza.com.

Note that venues, meeting points and locations visited or comprising part of the Experience may be subject to change.

In the event of misleading representation or misconduct by a Member on the Platform or in the context of an Experience offered on the Platform, Ginza may decide, at its sole discretion, to credit the Guest with a refund for the Experience Price or part thereof and deduct this amount from the next immediate payout to the Host. No action of Ginza’s may be construed as accepting any liability other than as mentioned herein.

Platform Fees and Host Payment

By supplying an Experience through the Platform, the Host agrees to pay Ginza a fee (the “Platform Fee”) equal to 25% (twenty-five percent) of the Experience Price.

The Platform Fee will be deducted from the ticket price and Ginza will process payment of the remaining ticket revenue, i.e Experience Price minus the Platform Fee, to the Host within 14 business days after the date of the Experience.

To be paid, Hosts must provide Ginza with their bank and/or a PayPal account details as and when requested to do so.

Advance notice will always be given to Hosts in the event of a change to Ginza’s Platform Fee or policies with respect to the fee.

In the event of a cancellation or non-payment, no Platform Fee shall be due to Ginza.

Taxes

As an Host, you are solely responsible for determining your obligations to report, collect, remit or include in your Experience Price any applicable VAT or other indirect sales taxes, income taxes or other taxes (“Taxes”).

Tax regulations may require Ginza to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Host, or both. If, as a Host, you fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.

Marketing and Promotion

Ginza may use a variety of channels to promote, market and sell Experiences offered by Hosts, and reserves the right to modify Experience descriptions, imagery and other Content submitted by Hosts for marketing purposes.

Ginza may also share Content submitted by Hosts to its affiliates and partners (including but not limited to hotels) for marketing purposes

Members may promote or share Experiences on the Platform by sharing a link to the Platform, an individual Experience page or a social media page created by Ginza to advertise the Experience.

Exclusivity

Hosts agree to not supply identical or materially similar Experiences, events, tours or services on platforms other than Ginza.

Ginza reserves the right to remove or limit the promotion of any Experience on the Platform which is found to be available elsewhere.

Miscellaneous Host Responsibilities

Hosts alone are responsible for the Experiences they submit, list and provide through the Platform. Ginza merely provides the Platform and associated marketing services and is not itself an operator or provider of tours, activities, travel services or Experiences.

As a Host, you are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your Experience. You are solely responsible for ensuring that the Equipment used in your Experience is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

As a Host, you are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience; and (iii) ensuring that your providing an Experience through Ginza will not breach any agreement you may have with any third party.

Member Content

The Platform may, at its sole discretion, enable features that certain allow Members to post, submit, publish, display or transmit to other Members or other persons (hereinafter, “post”) user generated content or materials (collectively, “Member Content”) on or through the Platform.

All Member Content must comply with the Content Standards set out in these Terms.

Any Member Content you post to the site shall be considered non-confidential and non-proprietary. By providing any Member Content to Ginza, you grant us and our affiliates, partners 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 Member Content and have the right to grant the license granted above to us and our affiliates, partners and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your Member Content do and will comply with these Terms.

You understand and acknowledge that you are responsible for any Member Content you submit or contribute, and you, not the Company, 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 Member Content posted by you or any other user of the Platform.

Content Standards

These content standards apply to any and all Member Content and use of interactive features on the Platform. Member Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Member Content must not:

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 and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Impersonate any person, or misrepresent your identity or affiliation with any person or organisation.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, unless (i) relating to an Experience supplied on the Platform or (ii) express written permission to do so is given by us.

Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Intellectual Property Rights

You acknowledge that the Platform 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 the Company, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Platform for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, except as follows:

  • Your computer may temporarily store copies of such materials in RAM 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 download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.

  • If we provide desktop, mobile or other Apps 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 Apps.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

  • Access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease 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 Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Ginza. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

All trademarks, trade dress, service marks, and trade names, including but not limited to the Company name, the Company logo and all related names, logos, product and service names, designs and slogans are proprietary to the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

Copyright Infringement

We respect the intellectual property (IP) rights of others, and we expect users of our Platform to do the same. We shall respond to notices of alleged IP infringement that comply with applicable law. For example, we respond to notices of alleged copyright infringement and terminate Accounts of repeat infringers.

If you believe that your content has been copied in a way that constitutes copyright, trademark, and/or patent infringement, please provide us with the following information: (i) a physical or electronic signature of the person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the protected work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as the username); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the IP’s owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the IP owner.

Our designated agent for notices of alleged IP infringement appearing on the Platform is: hello@goginza.com.

Prohibited Uses

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

  • In any way that violates 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 which does not comply with the Content Standards set out in these Terms.

  • To impersonate or attempt to impersonate the Company, a Company employee, 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 post, store or disseminate information or Content that, is or to a reasonable person may be, false, fraudulent, tortious, abusive, defamatory, libelous, harassing, threatening, or malicious;

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.

  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorised purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Platform.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.

  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Platform.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any Member Content for any or no reason in our sole discretion.

  • Take any action with respect to any Member Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Member Content violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.

  • 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 unauthorised use of the Platform.

  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate 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 Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user, Member or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

You may terminate these Terms at any time by immediately discontinuing all access to and use of the Platform and providing notice to Ginza at: hello@goginza.com.

Information About You and Your Visits to the Platform

Ginza collects, stores, and uses information collected from you. We respect your privacy; all information we collect on this Platform is subject to our Privacy Policy found at www.goginza.com/privacy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Platform and Social Media Features

You may link to our Platform, 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 Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party apps or websites to certain content on this Platform.

  • Send emails or other communications with certain content, or links to certain content, on this Platform.

  • Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party apps.

  • 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 we provide with respect to such features. Subject to the foregoing, you must not:

    • Establish a link from any app that is not owned by you.

    • Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any site that does not have our express written permission to do so.

    • Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorised framing or linking immediately to cease. 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 Platform

If the Platform contains links to other sites 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 sites 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 apps or services linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for those services.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files, documents, or software available for downloading from the internet or the Platform 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. 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 PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM 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 PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY 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.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, 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 PLATFORM, ANY APPS OR WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER APPS OR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER APPS OR 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 OR LIMITATION OF IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETIES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

Release and Indemnification

You agree to release Ginza, its members, manager, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising out of your use of the Platform. If at any time you are not satisfied with the Platform or any related services, your sole remedy is cessation of use of the Platform and such services.

You agree to defend, indemnify and hold harmless Ginza, 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 claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your Member Content,, Experiences supplied or booked by you, any use of the Platform’s content, services and products other than as expressly authorised in these Terms, or your use of any information obtained from the Platform.

Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them are governed by English law.

You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident in a country other than the UK, you may also bring proceedings in your country of residence under the laws of that country.

Limitation on Time to File Claims

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

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms 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 the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms 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 shall continue in full force and effect.

Entire Agreement

These Terms and, our Privacy Policy constitute the sole and entire agreement between you and Ginza with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Your Comments and Concerns

All questions relating to Bookings should be directed to: bookings@goginza.com.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement section above in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: hello@goginza.com.

Thank you for visiting https://www.goginza.com.