Terms & Conditions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, CENTERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE COUNTRIES. IN MANY COUNTRIES, CENTERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING RETREATS OR OFFERING THEIR SERVICES. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. CENTERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING THEIR CENTER AND RETREATS ON AYAMUNDO.
IMAGES OR GRAPHICAL REPRESENTATIONS MAY BE USED IN THIS DOCUMENT TO ACT AS SUPPORT OR CLARIFICATION OF THE TERMS AND CONDITIONS. IN CASE OF CONFLICTS BETWEEN TEXT AND IMAGES OR GRAPHICAL REPRESENTATIONS ONLY TEXT HOLDS TRUE.
Sidekick Studios, SP
Rodeput 9, 6369 SN Simpelveld, NL
+31 20 894 3671 (weekdays between 10:00-17:00 CEST)
For cancelations click here
1. Key Terms
Ayamundo provides an online platform that connects Ayahuasca Centers who have retreats to list and book with guests seeking to book such Retreats (collectively, the "Services"), which Services are accessible at www.ayamundo.com and any other websites through which Ayamundo makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
"Center" means company, organization or certified practitioner that operates a legal business in offering Plant Medicine Retreats.
"Retreat" means a series of consecutive Ceremonies, often spread out over multiple days.
"Retreat Start" means the first moment after the beginning of the day the Retreat starts.
"Plant Medicines" means Ayahuasca or other plant medicines, including but not limited to San Pedro, Psilocybin, Iboga, Ibogaine, Kambo and Peyote that often induce, but not necessarily have to, altered states of consciousness.
"Ceremony" means a ritual performed during a Retreat with or without Plant Medicines to support the mental and/or physical healing of its participants.
"Center Staff" means the people working directly or indirectly for or with the Center.
"Ayamundo Content" means all Content that Ayamundo makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"Booking" means an agreement between two or more Members, where there is an exchange of a agreed upon service (Plant Medicines Retreat) for money.
"Collective Content" means Member Content and Ayamundo Content.
"Communication" means an email, message via the Application or text message.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Participant" means a Member who requests from a Center a Booking of a Listing via the Site, Application or Services.
"Center" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means a Retreat that is listed by a Center as available for Booking via the Site, Application, and Services.
"Member" means a person who completes Ayamundo's account registration process, including but not limited to Centers and Participants, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Ayamundo promotional campaign to be made available through the Site, Application or Services.
"Member Funds" means any sum of money, or assets with monetary value, brought into the Ayamundo Payments system by a Member.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees that Listing providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
"Ayamundo Internal Payments System" means the internal, technical, logistical and logical system Ayamundo uses to control the flow of payments.
"Ayamundo Payments" means the Ayamundo Internal Payments System combined with the third party services used to process payments. In particular MarketPay.io (Barcelona, Spain) the third party company that is licensed to safely handle Members' escrow payments and indirectly financial partners like, but not limited to, Visa and Mastercard. All Member Funds resides outside Ayamundo and the Ayamundo Internal Payments System. It is Ayamundo's responsibility to ensure all Payments are handled according to the terms outlined in this document. If any of the third parties fails to execute the Ayamundo Internal Payments System orders, due to technical, legal or other reasons all responsibility for Member Funds residing outside the Ayamundo Internal Payment System falls solely on the Member who is entitled to the funds.
2. Terms of Service (Terms)
By using the Site, Application or Services, you agree to comply with the terms and conditions of these Terms of Service, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content and constitute a binding legal agreement between you and Ayamundo.
In addition, certain Services of the Site and Application may have different terms and conditions or policies and may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH CENTERS MAY CREATE LISTINGS FOR RETREATS AND PARTICIPANTS MAY LEARN ABOUT AND BOOK RETREATS DIRECTLY WITH THE CENTERS. YOU UNDERSTAND AND AGREE THAT AYAMUNDO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CENTERS AND PARTICIPANTS, NOR IS AYAMUNDO AN AGENT OR INSURER. AYAMUNDO HAS NO CONTROL OVER THE CONDUCT OF CENTERS, PARTICIPANTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY RETREATS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON AYAMUNDO, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH AYAMUNDO IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF AYAMUNDO FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF AYAMUNDO. AYAMUNDO DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF AYAMUNDO, INCLUDING BY INAPPROPRIATELY USING ANY AYAMUNDO INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (INCLUDING, WHERE APPLICABLE, PROGRAMS SUCH AS THE CENTER PROTECTION INSURANCE PROGRAM, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Ayamundo reserves the right to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. Modifications will be communicated. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. If you do not close your Ayamundo Account you will be deemed to have accepted the changes.
The Site, Application and Services are intended for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
5. How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and Booking of Retreats. Such Retreats are included in Listings on the Site, Application and Services by Centers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Retreat or create a Listing, you must first register to create an Ayamundo Account.
Ayamundo makes available an online platform or marketplace with related technology for Participants and Centers to meet online and arrange for Bookings of Retreats directly with each other. Ayamundo is not an owner or operator of properties nor is it a provider of properties and Ayamundo does not own, rent, re-rent, manage and/or control properties, including, but not limited to transportation or travel services. Unless explicitly specified otherwise in the Ayamundo platform, Ayamundo's responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE CENTERS AND PARTICIPANTS CONNECTING AND BOOKING RETREATS DIRECTLY WITH EACH OTHER. AYAMUNDO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. AYAMUNDO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
6. Account Registration
In order to access certain features of the Site and Application, and to book a Retreat or create a Listing, you must register to create an account ("Ayamundo Account") and become a Member.
Your Ayamundo Account will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one active Ayamundo Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Ayamundo reserves the right to suspend or terminate your Ayamundo Account and your access to the Site, Application and Services if you create more than one Ayamundo Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on Ayamundo, you are not permitted to share your Ayamundo Account with anyone or allow others to access or use your Ayamundo Account. Ayamundo may enable features that allow other Members to take certain actions associated with your Ayamundo Account, on your behalf with your express authorization, such as having your travel agent managing bookings on your behalf. You agree that you will take sole responsibility for any activities or actions under your Ayamundo Account, whether or not you have authorized such activities or actions. You will immediately notify Ayamundo of any unauthorized use of your Ayamundo Account.
7. Retreat Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Retreat to be listed, including, but not limited to, the location, capacity, features, and availability of the Retreat and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Centers must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services.
Other Members will be able to book your Retreat via the Site, Application and Services based upon the information provided in your Listing, your Participant requirements, and Participants' search parameters and preferences. You understand and agree that once a Participant requests a Booking of your Retreat, you may not request the Participant to pay a higher price than in the Booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Participant's stay at, a Retreat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Retreat included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Ayamundo assumes no responsibility for a Center's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Ayamundo reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Ayamundo, in its sole discretion, considers to be objectionable for any reason.
If you are a Center, you understand and agree that Ayamundo does not act as an insurer or as your contracting agent. If a Participant requests a Booking of your Retreat and stays at your Retreat, any agreement you enter into with such Participant is between you and the Participant and Ayamundo is not a party to it.
Ayamundo recommends that Centers obtain appropriate insurance for their Retreats. Please review any insurance policy that you may have for your Retreat carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
Ayamundo may offer Centers the option of having photographers/videographers take photographs of their Retreats. If you as a Center choose to have photographer/videographer do this, Ayamundo shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words "Ayamundo.com", "Ayamundo on Tour" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Center for the Listing featured. All images, materials and content created by these photographers/videographers, including Verified Images, constitute Ayamundo Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Ayamundo. If your Ayamundo Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Ayamundo retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
As a Member you are allowed to write reviews about Centers to share your experience with a Retreat. Only Members that have physically visited the Center and attended a Retreat are allowed to write a review on Ayamundo. Ayamundo may in its sole discretion decide to remove a review that does not or does not seem to comply with this rule. As a Member and composer of the review you agree with this when you submit a review.
8. No Endorsement
Ayamundo does not endorse any Member, Listing or Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Retreat/Center at the time the photograph was taken. Verified Images are therefore not an endorsement by Ayamundo of any Member, Listing or Accommodation.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Ayamundo about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Center or to accept or preapprove a Booking request from a Participant, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Ayamundo with respect to such actions or omissions.
9. Bookings and Financial Terms
A. Key definitions
"Retreat Fees" means the amounts that are due and payable by a Participant in exchange for that Participant's participation in a Retreat. The Center alone, and not Ayamundo, is responsible for the Retreat Fees for his or her Listing. The Center may in his or her sole discretion decide to include in these amounts (i) any fee permitted on the Ayamundo platform, or (ii) Taxes that the Center determines that they have to collect.
"Center Fees" means the fee (10%) that Ayamundo charges a Center for the use of the Services, which is calculated as a percentage of the applicable Retreat Fees.
"Banking Fees" means the fees, transaction fees, credit card fees, or other fees, that Ayamundo pays to the bank and/or payment processors when a transaction between Members is made. The sum of these Banking Fees is 2.4%
"Confirmed Booking" means a Booking that is confirmed by the Center. A Booking is only confirmed after the Participant has received a Communication that contains an explicit confirmation of the Booking.
"Payment Method" means a payment method that you have added to your Ayamundo Account, such as a credit card, debit card or PayPal.
"Service Fees" means Center Fees.
"Total Fees" means collectively the Service Fees (10%) plus Banking Fees (2.4%) plus any Taxes.
"Cancelation Fee" means a percentage (10%) of the Booking Total Amount that will be deducted from the Total Amount paid in case of the cancelation of a Retreat.
B. Bookings and Financial Terms for Centers
If you are a Center and a Booking is requested for your Retreat via the Site, Application or Services, you will be required to either pre approve, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, Application or Services, we will share with you the details of the Participant. When you confirm a Booking requested by a Participant, Ayamundo will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.
Each Center agrees that Ayamundo may, in accordance with the cancellation policy selected by the Center and reflected in the relevant Listing, (i) permit the Participant to cancel the Booking and (ii) refund (via Ayamundo Payments) to the Participant that portion of the Retreat Fees specified in the applicable cancellation policy.
C. Bookings and Financial Terms for Guests
The Centers, not Ayamundo, are solely responsible for honoring any Confirmed Bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Participant, choose to enter into a transaction with a Center for the Booking of a Retreat, you agree and understand that you will be required to enter into an agreement with the Center and you agree to accept any terms, conditions, rules and restrictions associated with such Retreat imposed by the Center.
You acknowledge and agree that you, and not Ayamundo, will be responsible for performing the obligations of any such agreements, that Ayamundo is not a party to such agreements, and that, with the exception of Ayamundo Payments' obligations pursuant to the Payments Terms, Ayamundo (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Participant before the Participant sends a Booking request to a Center. As noted above, the Center is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled. Upon receipt of your Booking request, Ayamundo Payments may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested Booking is cancelled (i.e. not confirmed by the applicable Center), any amounts collected by Ayamundo Payments will be refunded to such Participant, depending on the selections the Participant makes via the Site and Application, and any pre-authorization of such Participant's Payment Method will be released, if applicable.
You as a Participant agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your Ayamundo Account. Ayamundo Payments will collect the Total Fees pursuant to the Payments Terms.
Once your Booking payment is complete you will receive a confirmation Communication summarising your Confirmed Booking.
D. Service Fees and Other Fees
In consideration for the use of Ayamundo's online marketplace and platform, Ayamundo charges Service Fees. Ayamundo Payments collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Center Fees (10%). Ayamundo Payments deducts the Total Fees from the Retreat Fees before remitting the balance to the Center as described in the Payments Terms.
Applicable Taxes collected by Ayamundo, will be shown to Participants via the Site and Application at checkout, prior to their submission of a Booking request. And, Ayamundo will disclose applicable Center Fees (10%) to Centers via the Site and Application.
E. General Booking and Financial Terms
IMPORTANT NOTE: all information under this section, as well as all information in this document that is related to finance, is only for Participants that book their Retreat through Ayamundo AND make a payment through Ayamundo Payments.
EA. Payment policy
If, as a Participant, you wish to make a booking, an initial deposit of 50% of the Retreat Total Amount is required to confirm the reservation. The Participant is required to pre authorize Ayamundo Payments to debit the Participant's account for the amount of at least 50% of the Retreat Total Amount. Ayamundo will only debit the amount after the Center has confirmed the reservation. A final instalment of the remaining part of the Booking Total Amount is due 21 days before the start of the first day of the Retreat, or if a Center requires the remaining amount to be paid cash upon arrival on the first day of the Retreat. If the Participant fails to pay the final instalment before that time, the Retreat reservation will be canceled and the reservation will be treated as if canceled by the Participant. When a Booking is confirmed less then or 28 days before the Retreat Start, 100% of the total Retreat Total Amount should be deposited.
If, as a Center, a Participant makes a Booking Request, the Booking Request will only turn into a Confirmed Booking Request when the Center confirmed the booking. The moment the Center confirms the Booking, a legal binding between the Center and Participant is created, in which the Center confirms to deliver its product (Retreat) and the Participant confirms to pay for the product. Ayamundo is in no way, shape or form, part of this legal binding. The Center will receive the Booking payment as follows. 100% - Total Fees of the Retreat Total Amount will be transferred to the center about 24 hours after the Retreat Start.
Any Communications through Ayamundo's Site, Application or Services that lead to a successful Booking, including but not limited to a Booking Request or Contact Request, new or reoccurring, obliges the Center to pay the Total Fees of The Retreat Total Amount. The Center is obligated to notify Ayamundo about successful Bookings of which Payments where handled outside Ayamundo Payments.
When funds is transferred between a Participant, Ayamundo, and the Center, any bank transaction costs are, without exception, paid by the Center.EB. Cancellations and Refunds
If, as a Member, you wish to cancel a Confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the following cancellation policy will apply.
A participant can cancel a Confirmed Booking at anytime before the start of the Retreat. The "Cooling Off" period allows a participant to cancel a Booking within 24 hours after the booking request was submitted on Ayamundo, or at anytime before a Center confirms a Booking Request, at no cost. There is no Cooling Off period when a Participant makes a Booking 24 hours or less before the Retreat Start. After the Cooling Off period the following rules apply. Cancelation 46 days or more before the Retreat Start will result in a full refund minus a 10% cancelation fee. Cancelation 45-22 days before the Retreat Start will result in a full refund minus a 50% cancelation fee. Cancelation 21-8 days before the Retreat Start will result in a full refund minus a 80% cancelation fee. If a Participant cancels a Confirmed Booking 7-0 days before the Retreat Start then a refund is not possible.
If the Participant leaves the Retreat before it is officially over, for whichever reason, there will be no full, nor partial refunds paid. In addition the transportation and all other expenses will fall exclusively to the Participant.
If, as a Center, a Participant cancels a Confirmed Booking at your Center, the following compensations apply. Cancelation 45+ days before the Retreat Start will result in a compensation of 0% of the Retreat Total Amount. Cancelation 44-21 days before the Retreat Start will result in a compensation of 50% - Total Fees of the Retreat Total Amount. Cancelation 20-8 days before the Retreat Start will result in a compensation of 80% - Total Fees of the Retreat Total Amount. Cancelation 7-0 days before the Retreat Start will result in a compensation of 100% - Total Fees of the Retreat Total Amount.
If a Center cancels a Confirmed Booking made via the Site, Services, and Application, (i) Ayamundo Payments will refund the Total Amount paid for such Booking to the applicable Participant pursuant to the Payments Terms and (ii) the Participant might receive a Communication from Ayamundo containing alternative Listings and other related information. If the Participant requests a Booking from one of the alternative Listings and the Center associated with such alternative Listing confirms the Participants's requested Booking, then the Participant agrees to pay the difference in price if the alternative option is more expensive. If the alternative Listing is a less expensive option, then Ayamundo will refund the difference. If a Center cancelled a Confirmed Booking and you, as a Participant, have not received a Communication from Ayamundo, please contact Ayamundo.
If a Center cancels a Confirmed Booking made via the Site, Services, and Application because the Participant failed to communicate, or provided inaccurate information, during the time of booking, about any physical or psychological treatments he or she is going through, or expects to be going through, before, after or during the time of the retreat, then this cancelation will be treated as a Cancelation by the Participant.
If, as a Center, you cancel a Confirmed Booking, you agree that Ayamundo will apply penalties or consequences to you or your Listing, including (i) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, and (ii) imposing a cancellation fee of Cancelation Fee (10%) + Banking Fees (2.4%) of the total Listing price, and (iii) a full refund to Ayamundo of the Booking's Total Amount paid. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
If, as a Center, you fail to deliver a Retreat, it will be treated as a Cancelation by the Center. In such case that a Cancelation comes to notice to the Participant before the Center notifies Ayamundo, it is the sole duty of the Participant to notify Ayamundo before 24 hours after the Retreat Start. If the Participant fails to notify Ayamundo before 24 hours after the Retreat Start then Ayamundo can not guarantee a refund of any of the Retreat Total Amount paid.
If, as a Center, you are in default, a Cancelation will be treated as a Cancelation by the Center. Ayamundo is allowed, in its sole discretion, to cancel any Booking on behalf of the Center if Ayamundo deems a Center / Retreat to be unsafe, or otherwise unable to provide a stable (physical or psychological) environment for its Participants.
As a Participant you can cancel your booking in your Ayamundo account, or by using this form.
EC. Rounding Off Ayamundo may, in its sole discretion, round up or round down amounts that are payable from or to Participants or Centers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Ayamundo will round up an amount of 102.00, and 101.00.
Some currencies are denominated in large numbers. In those cases, Ayamundo may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Ayamundo to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
ED. Booking Modifications
You as a Participant or Center are responsible for any modifications to a Booking that you direct Ayamundo Customer Service to make ("Booking Modifications"), and you agree to pay any Retreat Fees, Center Fees (10%), Services Fees, Banking Fees (2.4%) and/or Taxes associated with such Booking Modifications.
F. CommunicationsAll communication between Members is directed through the Ayamundo Messaging system to a) protect the Member's contact details, b) to gather data (like response times) and c) to add functionality to messages to enhance the Members' contact experience. Communication can be stored in the Ayamundo Messaging system (databases and log files), and can be used to resolve technical issues, to resolve Booking disputes between Members, and to ensure the Ayamundo platform is used as intended. Only a select few, authorised, in-house, Ayamundo employees are granted access to this data. They are required to keep all information confidential.
Tax regulations may require us to collect appropriate tax information from our Centers, or to withhold taxes from payouts to Centers, or both. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Center fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Center understand and agree that you are solely responsible for meeting your applicable Tax reporting requirements, and the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Ayamundo cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Participant, Ayamundo may issue a valid VAT invoice to such Center.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Retreat is located may require Taxes to be collected from Participants or Centers on the amount paid for the right to exercise retreats, and to be remitted to the respective Tax Authority.
Centers and Participants acknowledge and agree that nothing contained in these Terms of Service is a representation or guarantee that Ayamundo will facilitate collection of Tax anywhere at all.
11. Currency Conversion
Ayamundo's online platform facilitates Bookings between Participants and Centers who may pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Ayamundo platform might allow users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
12. Damage to Centers and Retreats
As a Participant, you are responsible for leaving the Retreat (including any personal or other property located at a Retreat) in the condition it was in when you arrived. You acknowledge and agree that, as a Participant, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Retreat. In the event that a Center claims otherwise and provides evidence of damage you agree to pay the cost of replacing the damaged items with equivalent items.
13. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Ayamundo endorsement, partnership or otherwise misleads others as to your affiliation with Ayamundo;
- dilute, tarnish or otherwise harm the Ayamundo brand in any way, including through unauthorized use of Collective Content, registering and/or using Ayamundo 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 Ayamundo domains, trademarks, taglines, promotional campaigns or Collective Content
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of Ayamundo or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Ayamundo Participant or Center;
- offer, as a Center, any Retreat that you do not yourself own or have permission.
- register for more than one Ayamundo Account or register for an u Account on behalf of an individual other than yourself if not explicitly permitted by the other individual;
- unless Ayamundo explicitly permits otherwise, request or book a stay at any Retreat if you will not actually be staying at the Retreat yourself;
- contact another Member for any purpose other than asking a question related to a Booking, Center, Retreat, Listing, or the Member's use of the Site, Application and Services;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use the Site, Application, Services or Collective Content to find a Center or Participant and then complete a Booking of a Retreat independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Ayamundo's provision of the Services or for any other reasons;
- as a Center, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- accept or make a payment for Accommodation Fees outside Ayamundo 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 Ayamundo harmless from any liability for such payment. Ayamundo has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Ayamundo may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or Ayamundo Account, for a violation of this Section or these Terms.
If you attend or facilitate a Retreat and a Member, Participant or Center Staff member is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior you should immediately report such person to the appropriate authorities and then to Ayamundo so Ayamundo can take appropriate measures. Sexual activity between Participants and/or Center Staff is prohibited. Should a Participant develop a sexual or romantic interest in another person, any sexual contact/activity must be delayed for two weeks after the last Ceremony.
15. Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Ayamundo and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Ayamundo used on or in connection with the Site, Application, Services, and Ayamundo Content are trademarks or registered trademarks of Ayamundo. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Ayamundo Content are used for identification purposes only and may be the property of their respective owners. As a Center, Participant, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Ayamundo's Trademark & Branding Guidelines (as may be updated from time to time).
16. Additional Terms
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
17. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Ayamundo promotional campaigns, you hereby grant to Ayamundo a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Ayamundo does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Ayamundo promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Ayamundo promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Ayamundo the rights in 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 Ayamundo's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Ayamundo promotional campaigns 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.
18. Links and third party
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Ayamundo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ayamundo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
19. Copyright Policy
It is Ayamundo's policy to terminate in appropriate circumstances the Ayamundo Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Ayamundo Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Ayamundo Account has been suspended or this Agreement has been terminated by us, you may not register a new Ayamundo Account or attempt to access and use the Site, Application and Services through other Ayamundo Accounts.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AYAMUNDO OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
ON NO ACCOUNT THE INFORMATION ON THE SITE, APPLICATION OR SERVICES IS TO BE TAKEN AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR INFORMATION. THE INFORMATION ON THE SITE, APPLICATION AND SERVICES IS FOR INFORMATIONAL PURPOSE ONLY. WE CANNOT GUARANTEE THE ACCURACY OF THE INFORMATION ON THE SITE, APPLICATION AND SERVICES. WE STRONGLY ADVICE
On no account the information on the site, application or services is to be taken as a substitute for professional medical advice or information. We wish to strongly endorse the principle that the information provided by us is therefore not meant to assess, diagnose, treat, or cure any disease. We always strongly recommend you to seek professional medical advice for recommended shots, preventive medicine and information on potential health risks/hazards for travel to the Amazon rainforest. Equally, we do not make any endorsement or representation of accuracy for the contents of this website (including associated links).
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT AYAMUNDO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. AYAMNDO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. AYAMUNDO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
22. Limitation of 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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF AYAMUNDO WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER AYAMUNDO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AYAMUNDO 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.