Terms and Conditions

Terms of Service

Last updated: August 15th, 2024.

Please read these terms of service carefully before Using Our Service.

1 – Interpretation and Definitions

1.1 – Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2 – Definitions

For the purposes of these Terms of Service:

• Account means a unique account created for You to access Our Service or parts of Our Service.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means Ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
• Application means the software program provided by the Company or Operator downloaded by You on any electronic device, named RetreatVenues.com (operated by Duli Gabor).
• Buyer or Client or Organiser refers to Users of the Service who are placing Orders for Goods.
• Country refers to Paraguay.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to RetreatVenues.com (operated by Duli Gabor), Ave Fernando de la Mora 3084. Asunción, Paraguay.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.
• Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
• Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of Our Service.
• Good refers to the items or services offered for sale, rental, auction, contact, or any other means of trading on the Service.
• Operator (referred to as either “the Operator”, “We”, “Us” or “Our” in this Agreement) refers to RetreatVenues.com (operated by Duli Gabor).
• Order means a request by You to purchase or trade by any means Goods on the Application or Website.
• Seller or Service Provider or Venue Owner or Owner refers to Users of the Service who are listing Goods and making them available for trade by any means.
• Service refers to the Application or the Website or both.
• Terms of Service (also referred to as “Terms”) mean these Terms of Service that form the entire agreement betWeen You and the Company or Operator regarding the Use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
• Website refers to RetreatVenues.com, accessible from https://retreatvenues.com.
• You means the individual accessing or Using the Service, or the company, or other legal entity on behalf of which such individual is accessing or Using the Service, as applicable.

2 – Contact Us

If You have any questions about these Terms of Service, You can contact Us:

• By email: info@retreatvenues.com
• By visiting Our Website: https://retreatvenues.com

3 – Acknowledgment

These are the Terms of Service governing the Use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all Users regarding the Use of the Service.

Your access to and Use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, Users, and others who access or Use the Service.

By accessing or Using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that You are over the age of majority according to the laws of Your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to Use the Service.

Your access to and Use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, Use, and disclosure of Your personal information when You Use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before Using Our Service.

4 – Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your Use of the Service. Your Use of the Application or Website may also be subject to other local, state, national, or international laws.

4.1 – For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

4.2 – United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

4.3 – Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.

4.4 – Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

5 – User Accounts

5.1 – Account Creation

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You may not Use as a Username the name of another person or entity or that is not lawfully available for Use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

5.2 – Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address.

You may have to provide documents to comply with identity verification.

Before or during posting Goods, You may be asked to supply, without limitation, Your bank account details, and Your identity documents.

Before or during placing an Order, You may be asked to supply, without limitation, Your identity documents.

5.3 – Account Review

Unless part of a feature of the Service, We do not perform background checks or endorse any Users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by Users.

5.4 – Account Password

You are responsible for safeguarding the password that You Use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized Use of Your account.

5.5 – Account Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may simply discontinue Using the Service or delete Your Account from the Service, or contact Us for help.

6 – Content

6.1 – Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to Use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other Users of the Service, who may also Use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to Use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6.2 – Content Restrictions

The Company or Operator is not responsible for the content of the Service’s Users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person Using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, machine, or randomly–generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
• Impersonating any person or entity including the Company or Operator and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

• Owners can communicate freely with the Organiser in our internal messaging system and also exchange contact information. However, Owners are obligated to report to us every confirmed booking that they received from us. When potential Clients have questions or express interest in Your listing, they’ll reach out to You via our secure messaging system. You’ll receive email notifications for each new message.
• Both Owners and Organisers are required to CC our email address (info@retreatvenues.com) when sending emails directly.

• The Company or Operator reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the Use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by Users and/or third parties on the Service, You agree to Use the Service at Your own risk. You understand that by Using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company or Operator be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your Use of any content.

While Our goal is not to restrict the creativity of Our User’s offerings, the Company or Operator reserve the right to restrict any listings on the platform that are not in alignment with the criteria quantified in the categories defined when creating a listing.

One specific type of offering that is not allowed are services for retreat planning. We value Your desire to help Our customers, this service will be offered by the the Company or Operator (platform) to monitor quality assurance of this process. Please reach out to Our team if You are interested in participating.

6.3 – Content Backups

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a Usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

6.4 – Intellectual Property of Others and Copyright Infringement

We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

We are ready to comply with local regulations in that matter (Digital Millennium Copyright Act (DMCA), EU Copyright Directive, …).

If You are a copyright Owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email (see 3 – Contact Us) and include in Your notice the following information related to the alleged infringement:

• An electronic or physical signature of the person authorized to act on behalf of the Owner of the copyright’s interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed Use is not authorized by the copyright Owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright Owner or authorized to act on the copyright Owner’s behalf.

Upon receipt of a notification, the Company or Operator will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

7 – Orders of Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

7.1 – Position of the Service in Orders

Our role is one of a facilitator between You and the Sellers, Using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between You and the Sellers.

We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form a part of any agreement We have with You.

7.2 – Your Information as Buyer

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your billing address, your photo and Your national ID card or passport.

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

By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

7.3 – Availability, Errors, and Inaccuracies

We and Sellers are constantly updating Our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and Sellers and We may experience delays in updating information regarding the Goods on the Service and in Our advertising on other Websites.

We and Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

7.4 PAYMENTS TO SERVICE PROVIDERS AND SERVICE FEE

1. a. Free Account: There are no fees or charges for creating an account on RetreatVenues.com or to apply as Provider or to publish a listing.
2. b. Own Prices: You are allowed to set Your own prices for the services. However, the price of the venue that You publish on RetreatVenues.com must be equal to or lower than the price that You publish on any other platform (such as Your Website, other Website, Facebook, Instagram, or any other channels).
3. c.  Service Fee: RetreatVenues.com charges Service Providers 7% of the total package cost (minus the security deposit fee, cleaning fee and city fee) as its service fee on the payments made by the Clients Using Our Platform (Hereinafter referred to as the “Service Fee”). The Service Fee is due after each confirmed booking, in 7 days after the date of checkout. RetreatVenues.com will issue Seller an invoice for the Service Fee. The amount of Service Fee may also be increased by RetreatVenues.com at its sole discretion. When this happens, We will notify You about the same.
4. d. The various fees on the platform: The platform uses various fees which shouldn’t be confused. Booking fee: We don’t charge organisers an extra fee to make the booking, so the booking fee is zero. Deposit fee: Organisers pay a certain amount of deposit fee to confirm their booking. Security deposit fee: If the owner asks for this, organisers also pay a security deposit fee which covers damages. This is refundable if no damages occured. Service fee: Venue owners pay a 7% service fee or platform fee to retreatvenues.com after each confirmed booking.
5. e. Checking Listing’s Commission Rate: You can check up Your listing’s commission rate in the administration zone/ listing’s settings.
6. f. Deposit: To confirm your booking, Organisers need to pay a deposit fee defined by the venue. You can check under the listing’s cancellation policy, whether this deposit is refundable or not. Until You don’t pay this deposit fee, Your booking is not confirmed. After the venue confirmed your booking, send us an email, so we can start promoting your event.
7. g. Balance: Organiser will have to pay the remaining balance on the Venue Owner’s terms.
8. h. Payments: You will always get paid directly by the Client and not through Us. We don’t provide any payment facilities and We are not responsible for refunds or cancellations. The Organisers cannot pay directly on the platform by card or any other way. The standard method of payment is traditional bank transfer, unless You choose something else.
9. i. Taxes: Service Providers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Service Providers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.

7.5. LISTING (For Owners)

1. Creating a listing: In order to accept the bookings and payments for Your retreats venue, You are required to create and publish a listing. While creating the listing, You will be required to furnish details and information about You, Your retreat venue, and activities. You will also be required to upload photos/videos. You must Use such photos, videos, and content that You have the right to Use. You must also create terms and conditions for Your retreat venue (including cancellation policy). Your terms and conditions (including cancellation policy) shall be reasonable and acceptable, and not unreasonable and arbitrary. You shall be bound by Your terms and conditions (including cancellation policy). You must accept and issue refunds strictly in accordance with Your cancellation policy.
2. Description: The retreat venue, its location, surrounding, accommodation/ room set up, space for the retreat activity, additional services and food possibilities should all be described accurately. The Owner cannot publish contact details in the description or anywhere on the listing page.
3. Contracts: Using Our platform and accepting the terms and conditions is sufficient for most users. However, Owner may decide to require a signed contract from the Organiser outside of the platform.
4. Booking: When an Organiser wants to rent your venue, he/she will select the dates and the number of guests, and click on Send Message. You will get an email notification about this, and will have to login to your account and check your internal inbox. You can answer the Client directly in the private message or exchange contact details. If you agreed on everything and ready to take the payment, You will have to send the invoice to the Client in email and CC info@retreatvenues.com, as well. You also need to send your payment details and instructions in that email.
5. Queries: You are responsible for all the timely communication with the Client for handling their queries to provide them with all the additional information they require about the stay, check in, transport etc.
6. Pricing: The pricing is for each night (not per package). You can set up a minimum number of nights for the venue rental, Week rate, Weekend rate, long term discounts, fixed price/venue per certain no. of guests and additional price per guest above the fixed venue price. You can set up the additional service prices, food packages (optional or compulsory), etc. You are allowed to set Your own prices for the venue. However, the prices that You publish on RetreatVenues.com must be equal to or lower than the price that You publish on any other platform (such as Your Website, other Website, Facebook, Instagram, or any other channels). The prices should include all local taxes, VAT, etc. In case certain taxes (such as tourist tax)are not included in the price, You must add it in the city fee section. Additionally, you can choose not to offer exact prices and availability. You can still set a starting price and update Your availability if You want. If You set a starting price, always include the word ‘From’ in the ‘Before label’ of your price details.
7. Free Accommodation for Retreat Organiser: You can set up the free accommodation for retreat organizer if they bring the required number of guests to Your venue.
8. Approval: All listings require the admin approval before being published on RetreatVenues.com. We reserve the right to disapprove the listing in case the same violates any of the provisions of this Retreat Venue Owner Terms, Our Community Guidelines, or applicable law.
9. Claiming a listing: We may sometimes create a venue listing on our own. In this case, the real Owner of the venue may claim this listing by sending Us an email. The Owner will have to register on Our platform as such, fill out the profile details and upload a photo and ID verification. After we verified the Owner’s profile and the ownership, we will transfer the listing to the Owner’s account.

7.6. SERVICE PROVIDER’S OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

You represent, warrant and agree that:

1. 1. 1. a. In case You are an individual: You are a person of sound mind and at least of a minimal legal age as per the laws of the jurisdiction to which You are subject and are fully able and competent to understand and agree to these Retreat Venue Owner Terms;
      2. b. In case You are a business entity: You are lawfully incorporated/registered, and in good standing with the applicable laws of Your jurisdiction. Further, the person who is creating an account of Your company must have all the necessary permission, consent and authorization to create an account on behalf of Your company;
      3. c. You must provide bank account details or other payment information details which are registered in Your own name or in Your company’s name.
      4. d. You have read, understood and consented to Our Cancellation & Refund Policy, Cookie Consent, and Privacy Policy statement posted on the Site;
      5. e. You shall Use the Platform for receiving bookings and payments for Your retreat venue;
      6. You shall comply with all applicable laws while providing Your service to the Clients;
      7. g. once You accept a booking and/or payment, You must honour the terms of the booking at the scheduled time and agreed price, unless You cancel or reschedule with the prior consent of the User/customer;
      8. h. You shall write all the terms and conditions related to Your retreat venue in a professional and easy-to-understand manner;
      9. I. You shall also be responsible for framing a reasonable and acceptable cancellation policy, which must not be unreasonable or arbitrary;
      10. j. You shall be bound by Your terms and conditions (including cancellation policy);
      11. k. You shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding any service that You provide;
      12. l. any photos, videos, description, or content that You post about Your services is true, complete and not misleading, and the same does not and will not violate the intellectual property rights of any third-party;
      13. m. You are responsible to update the venue availability if You receive the booking outside Our platform. For the bookings made on Our platform, the availability is automatically updated;
      14. n. You will be polite, generous and professional in Your interaction and dealing with the Clients, and will not abuse, harass, or be rude to them;
      15. o. You are not allowed to publish the listings that are offering any activity or services that are harmful, or against the local laws (for example plant medicine, psychoactive plants or drugs);
      16. p. You must not pay or otherwise force or manipulate Clients to write feedback about Your services on the Platform;
      17. q. You will always keep the Welfare and interests of the Clients above everything; and
      18. r. You will not make false proclamation about Your venue, or post misleading photos of the venue;
      19. s. You are responsible to issue the invoice to the Client for the ordered service;
   2. ii. Service Providers may be required to provide various information about them as part of the registration process on the Platform or Your Use of any Service or the Service Provider account. Service Provider represents, warrants and agrees that:
      1. a. such information, document, certificate and material whether submitted during the registration process or thereafter throughout the continuation of the Use of the Platform or Service is true, accurate, current and complete; and
      2. b. Service Provider will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
   3. iii. Service Providers are required to behave professionally with the Clients. Any misbehaviour, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of these Terms.

7.7 – Order Modification

You and the Sellers are responsible for any Order modifications You agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

7.8 – Order Cancellation

1. No Cancellation or Refund is provided by Us: Once You book the services of the Service Provider, all the terms and conditions of the respective Service Provider shall be applicable on such booking, including without limitation, cancellation, refunds, and their charges. We do not allow cancellations from Our end, nor do We entertain any cancellation or refund request made by a User/Client for any reason whatsoever. We recommend You to book the services of a Well-known trusted Service Provider only. We also recommend You to check with the Service Provider about his/her availability and ability to offer You the services You require before proceeding to pay. We assume no responsibility with respect to any loss that You may suffer as a result of booking or paying through Our Platform. All responsibilities in this respect shall lie with the respective Service Provider, as the case may be.
2. Cancellation Policy of Service Providers: The Service Providers set their own cancellation policy. The cancellation rules are published on each listing’s details on the Web. The copy of the cancellation policy of the provider is included in the booking confirmation email. All refunds should be according to the cancelation policy of the Service Provider.
3. Refund: If a Client is entitled for refund after canceling, the Service Provider is responsible for providing the refund. The Service Providers shall bear the transaction costs associated with the refund. If the Service Provider wants to avoid bearing the transaction costs with the refunds, he/she must clearly specify the same in his own terms by stating the exact percentage of amount from the refund that will be used to cover the transaction costs.
4. Rejecting or cancelling a booking: Before a booking is confirmed, You can easily reject a booking request by sending an internal message to the Client with the reason of rejection. After a booking is confirmed, You cannot cancel a booking freely. Please only cancel a booking only if absolutely necessary. The retreat organisers count on you to provide exact availability and pricing details, which you already confirmed when accepting the request. Canceling a confirmed booking is bad business for everybody. If You as an Owner cancel the booking, you are responsible for refunding the Client fully and you will still owe us the 7% commission of the full amount. If the retreat Organiser asks you to cancel the booking, you will have to apply the cancellation policy that you set at the time of booking. We normally recommend to set the deposit fee as non-refundable. To prove that the cancellation request was initiated by the Client, the Client has to contact You in our internal messaging system about the cancellation request. If an Owner cancels a booking because of non-payment by the Organiser, it will be regarded as a cancellation initiated by the Organiser.
5. Proof: The Service Provider shall be responsible for providing the necessary proof documents of the refund made to the Client upon company’s request.
6. Re-scheduling, Cancellation and Refund Policy of Service Provider: We are an intermediary which provides a platform where the customers can book the services of the Service Providers and make their payments. However, whenever You book the services or make the payments Using Our platform, the respective terms of the Service Provider shall be applicable with respect to the booking, cancellation, re-scheduling, charges for cancellation/rescheduling, etc. We advise You to familiarize Yourself with such policy of the respective Service Provider before proceeding to book their services or make payments for the same. No compensation or refund or cancellation or rescheduling is provided by Us. All responsibilities in this respect shall lie with the respective Service Provider, as the case may be.
7. Service Fee Refunds: Owners can’t discount or waive the service fee. The service fee won’t be refunded in any case after a booking was confirmed.

7.9 – Order Dispute

If a Buyer or a Seller disputes an Order, the Company or Operator should be notified. The dispute will be resolved at Our sole discretion.

8 – Disclaimer of Warranties and Limitation of Liability

8.1 – Limitation of Liability

1. 1. i. To the maximum extent permitted by law, in no event shall RetreatVenues.com (or Our members, licensors or affiliates) be liable to You or any third party for any financial loss, loss of time, lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or Your Use of, or inability to Use the Platform, even if RetreatVenues.com has been advised of the possibility of such damages. Access to, and Use of, the Platform is at Your own discretion and risk, and You will be solely responsible for any damage to Your property or device or computer system or business, or loss of data resulting therefrom.
   2. ii. Service Provider agrees to indemnify RetreatVenues.com, its Clients, its members, affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) Your services, materials or content; (ii) from Your Use of the Platform or any of the Services; (iii) from Your breach of the Terms or breach of any applicable laws; (iv) Your negligence or wilful misconduct or unprofessional behaviour; (vi) any alleged or actual copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the Use of any of the Services.

8.2 – “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Service Providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, Usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor Operator nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

8.3 – Links to Other Websites

Our Service may contain links to third-party Websites or services that are not owned or controlled by the Company or Operator.

The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party Websites or services. You further acknowledge and agree that the Company or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the Use of or reliance on any such content, goods, or services available on or through any such Web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party Websites or services that You visit.

8.4 – Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

8.5. NO WARRANTIES

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, PLATFORM, SITE AND OUR SERVICES ARE PROVIDED TO YOU “AS IS”. WE AND OUR MEMBERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING PLATFORM OR OUR SERVICES, INCLUDING THAT OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR MEMBERS AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF USE OF OUR SERVICES OR THE PLATFORM.

9 – Disputes Resolution about the Service

1. a. Governing Law: These Terms and any dispute arising from the same will be governed by applicable laws of Paraguay.
2. b. Exclusive Jurisdiction: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts situated in Paraguay.
3. c. Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND RETREATVENUES.COM ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND RETREATVENUES.COM, SHALL BE RESOLVED BY A JUDGE.
4. d. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE SERVICE PROVIDER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER SERVICE PROVIDER(S).
5. e. Disputes between You and the Clients: You understand and acknowledge that RetreatVenues.com is a mere facilitator between You and the Clients, and We in no way are responsible for the conduct of the Clients or the genuineness of their request or their ability to make the full payment. Therefore, if You have any claim or dispute against a User, You undertake to take it up directly with the concerned User. RetreatVenues.com shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if You believe that a User has violated Our Terms of Use (as posted on the Site), applicable law, or any other policy of RetreatVenues.com, You can file Your complaint at info@retreatvenues.com, and We will take necessary action in accordance to Our policies and applicable law.

10 – Intellectual Property of the Service

The Service and its original content (excluding Content provided by You or other Users), features, and functionality are and will remain the exclusive property of the Company or Operator and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be Used in connection with any product or service without the prior written consent of the Company or Operator.

11 – Your feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to Use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

12 – Changes to these Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or Use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop Using the Application or Website and the Service.