Kavava Terms

TERMS OF SERVICE

05/09/2024 edited

These Terms of Service are a legally binding agreement between you and Kavava that governs your right to use the websites, applications, and other offerings from Kavava. Please read these Terms of Service carefully, to make sure that you understand each provision. By entering into an Agreement with Kavava, you acknowledge that you have read, understood, and unconditionally accepted all of the Terms of Service contained herein.

Kavava offers an online marketplace that enables, “Landowners” to publish and offer services, “Visitors” to search for and book services. Landowners offer “land”, and additional “packages” in a “listing”. You must register “Account(s)”; including Landowner account as landowner and/or Visitors account as visitors, and must keep your information accurate. As a provider, Kavava does not own, control, offer or manage any of the listings or packages offered. Kavava is not a party entered into directly between Landowners and Visitors, Kavava is not an agent, acting in any capacity of any Accounts, except as specified in “Terms of Payment.”

If you are the landowner, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that applies to your Listings. You are also responsible for complying with the Visiting seasons in your listing.

If you are the Visitor, you are responsible for understanding and complying with all laws, rules, regulations that is required for you to visit in the applied listing.

If you ave any questions please email help@kavava.com

Table of Contents

VISITOR TERMS

  1. Our Mission.
  2. Searching and Booking on Kavava.
  3. Provision of Visiting Rights
  4. Cancellation(s) and Refunds.
  5. Booking Modifications.
  6. Your Responsibilities
  7. Assumption of Risk.

LANDOWNER/ MANAGER TERMS

  1. Leasing on Kavava.
  2. Managing Your Listing.
  3. Cancellation(s) by Landowner.
  4. Taxes.
  5. Your Responsibilities
  6. No Circumvention

GENERAL TERMS

  1. Reviews.
  2. Content.
  3. Fees.
  4. Kavava Platform Rules.
  5. Termination, Suspension and other Measures.
  6. Modification.
  7. Resolving Complaints and Damage Claims.
  8. Kavava’s Role.
  9. Member Accounts.
  10. Disclaimer of Warranties.
  11. Limitations on Liability.
  12. Indemnification.
  13. Contracting Entities.
  14. United States Governing Law and Venue.
  15. United States Dispute Resolution and Arbitration Agreement.
  16. Miscellaneous.

VISITOR TERMS

  1. Our Mission.

Kavava is an online community for landowners and visitors of great American outdoor to interact, share and grow their outdoor experiences. Through the use of services provided by the landowners and sharing reviews by the visitors, our mission is to have a outdoor community that is sustainable and responsible toward the environment and inspires gratitude to nature.

  1. Searching and Booking on Kavava.

2.1 Visitors means the individual who uses the Services on the Kavava Platform (Kavava APP) in order to search for listings and book listings available for Visiting purposes, in accordance with these Terms of Service.

2.1 Visitors can search and reserve a Listing by Booking on the Platform. This will form a binding Agreement between the Visitor and the Landowner. By booking any Landowner’s Listing(s) on the Platform, the Visitor is binding itself to pay all charges included in the Listing as well as meet all requirements as specified by Landowner/Manager. Upon placing the booking, the Visitor agrees to be charged at their chosen payment method for all costs associated with the booking.

  1. Provision of Visiting Rights

3.1 Basic Visiting Rights shall mean the right and privilege to enter upon, across and over the Land for such purposes and non-other stated than the listing rules.

3.2 Hunting rights can be purchased through forms of packages, if listing should allow. Hunting rights shall mean the right and privilege of propagating, protecting, Visiting, shooting, and taking game and waterfowl on Landowner’s land, together with a right to enter upon, across and over the Land for such purposes and non-other. The limit to game and quantity is specify in the owners listing versus the local hunting regulation the lesser amount is the max limit. If unspecified, it limit to the local hunting regulation.
Hunting rights is not hunting license. Visitor still need to obtain all necessary licenses and tags regulated by the state hunting regulations.

3.3 Once the booking is confirmed, the Visitor shall receive the Visiting Rights for the period during which the Visitor has booked the Listing. However, the Landowner shall retain the right, where reasonably necessary, re-enter their land during Visitor’s use thereof, in accordance with applicable law. If the Visitor overstays their booked period, the Landowner may make Visitor leave the land using methods in accordance with applicable law.

  1. Cancellation(s) and Refunds.

4.1 If the Visitor cancels the booking within 48 hours of reservation, the Visitor will not be charge. When cancelation after 48 hours of booking, Visitors shall receive a 70% refund. Cancellations within 14 days of the booking start date shall result in no refund whatsoever.

  1. Booking Modifications.

5.1 Landowners and Visitors are responsible for any Booking Modifications they agree to make. The Visitor must arrange for such modifications directly with the Landowner.

  1. Your Responsibilities

6.1 The Visitor placing the booking with the Landowner shall be responsible for their acts and omissions, as well as those acts and omissions by additional individuals included on the booking or who are invited by the Visitor. For example: (i) You must leave the land and related personal property in the condition as you arrived. (ii) you are responsible for paying all damages you and your additional Visitors made. (iii) you must act with integrity, treat others with respect and comply with applicable law this includes all state and federal Visiting regulations at ALL times. If there is minors in your booking, you are solely responsible and must be legally authorized to act on the minors behalf, the minor is part of the Visitor’s party.

  1. Assumption of Risk.

7.1 You acknowledge that Visiting activities and any interaction with wildlife involve INHERENT RISKS and may cause SERIOUS INJURY AND POSSIBLE DEATH TO PARTICIPANTS. You further recognize that Visiting activities involve ADDITIONAL RISKS AND DANGERS.

7.2 You fully understand the risk and dangers associated with your participation in this Visiting activity and ACCEPT SAME ENTIRELY AT YOUR OWN RISK.

7.3 You agree to be full responsible for any and all accidents or claims that may arise as a result of any accident in connection with using land for all outdoor activities, outdoor sports, scouting, seeking, pursuing, foraging, camping, and additional booked packages that may have underlying and associated risks.

LANDOWNER/ MANAGER TERMS

  1. Leasing on Kavava.

8.1 Landowner means the individual or business who uses the Services on the Kavava Platform (www.kavava.com) in order to offer their land and/or property in their listings to third-party Visitors, in exchange for a payment and in accordance with these Terms of Service.

8.2 Landowner/ Manager may create a listing on the Kavava Platform (www.kavava.com). By posting the Listing, the Landowner is warranting that any and all information supplied with the Listing, including but not limited to pricing, requirements, policies, specifications, and descriptions, are accurate, truthful, and up to date.

8.3 Land. Landowner may have one Listing per land and/or property.

  1. Managing Your Listing.

8.2 Landowner/ Manager may update, modify an existing listing on the Kavava Platform (www.kavava.com). By changing the listing descriptions, requirements, dates availability, packages, costs, and discounts. Once the listing is modify, the modifications will apply to all future listings and bookings, but will not modify the current/past accepted bookings.

  1. Cancellations by Owner.

10.1 Cancelling a Visitor’s booking may incur a cancellation fee. Under limited circumstances, either Landowner or Visitor may terminate the booking, such as when an extenuating circumstance arises. In such an event, the amount refunded to the Visitor shall be deducted from amounts paid to Landowner and the reasonable costs incurred by Kavava Platform to handle the cancellation. If you cancel on a reservation more than 7 days before booking date, there will be a fee of 50 USD, if you cancel within 7 days there will be a fee of 100 USD. This will be offset from your future payout. If you cancel more than 3 times your listing will be terminated and your account will be frozen and go under investigation.

  1. Taxes.

11.1 The Landowner shall be responsible for fulfilling all obligations under applicable laws in relation to the collection, remittance, and payment of taxes, such as VAT, occupancy, indirect taxes, income, or tourist.

  1. Your Responsibilities

12.1 Posting a Listing on the Platform shall constitute an offer to contract, which may be accepted by a Visitor at any time. When a Visitor places a booking, and Landowner accepts this booking, the Landowner and Visitor are directly entering into a legally binding agreement under the terms and conditions of the Landowner’s Listing. Upon Landowner’s acceptance of the booking, Landowner is also agreeing to all applicable fees due to the Kavava Platform and other fees as they may accrue.

12.2 Accuracy. By posting the Listing, the Landowner is warranting that any and all information supplied with the Listing, including but not limited to pricing, requirements, policies, specifications, and descriptions, are accurate, truthful, and up to date.

12.3 Insurance. It is recommended that Landowner shall take out appropriate insurance in order to safely and securely offer the land and/or Property under the Listing.

12.4 Landowner Compliance Responsibility. Landowner shall be exclusively responsible all compliance with applicable laws, rules, and regulations applicable to the use of the Platform. Moreover, Landowner must abide by all contracts it has entered into and it is Landowner’s responsibility to ensure that its use of the Platform and offering of the Listing does not violate any of its existing agreements or legal obligations.

12.5 Further Responsibilities. The Landowner shall be fully responsible and liable for their own acts and omissions, as well as those of any third party who enables, helps, or assists the Landowner with the Listing. The rules and requirements the Visitor must abide by after booking the Listing must be specified by the Landowner.

  1. No Circumvention

13.1 The Landowner shall be prohibited from charging the Visitor any additional charges outside of the Platform, thereby circumventing the Kavava Platform, whether intentionally or not.

GENERAL TERMS

  1. Reviews.

14.1 Visitors may post reviews about the Visiting Ground after having completed their trip under a booking. While Kavava will do our best to insure truthful reviews, Kavava is in no way responsible or liable for the truth and accuracy of the reviews and comments. Notwithstanding the preceding, the Kavava Platform reserves the right to hide/remove ratings and/or reviews and any responses thereto at its sole discretion.

  1. Content.

15.1 You may upload certain content to the Kavava Plat form, which may include, but is not limited to video’s, photo’s, messages, texts, and all other material which is uploaded to the Kavava Platform (the “User Content”). You shall keep full ownership of all User Content. By posting the User Content, the You agree to grant Kavava Platform a royalty-free, perpetual, irrevocable, non-exclusive, sub licensable, worldwide license to use, reproduce, distribute, perform, publicly display, or prepare derivative works from the User Content. The purpose of this license will be limited to the provision of Services to all Users. By uploading User Content to the Platform, the you represents and warrants that the User Content does not infringe others’ intellectual property of proprietary rights.

  1. Fees.

16.1 Fees includes the fee that Kavava charge the Visitors or Landowners in return for rights to access and use Kavava Platform. This also includes applicable taxes plus any operating costs excluding package and leasing cost.

16.2 All Fees are non-refundable, except as otherwise indicated in these Terms of Service. Kavava reserves the right to change the service fees anytime, and will provide Account users notice of fee change before they become effective. Fee change will not affect books made prior to the effective date of fee change.

  1. Kavava Platform Rules.

17.1 Acceptable Use of Platform. When using the Platform, the you agree not to use the Platform in such a way to offend or interfere with the use by any other User.

17.2 You agree not to upload, submit, publish, transmit or otherwise communicate any content on the Platform that

i. discriminates against any person for any reason, including but not limited to, a person’s race, sex, gender identity, religion, political affiliations, class, age, skin colour, nationality, etc.;
ii. is defamatory, libellous, or inaccurate;
iii. is abusive or threatening towards others;
iv. is offensive or hateful;
v. infringes the intellectual property rights, property rights, or privacy rights of any third party;
vi. violates the law or regulation of your jurisdiction, or these Terms of Use;
vii. advocates illegal activity;
viii. advertises or otherwise solicits funds; or
ix. is treated as confidential.

17.3 Attempt to circumvent our security systems;

17.4 Transfer, by any means possible, a license granted to you for the use of our Services and Platform;

17.5 Attempt to gain access to other Users’ accounts;

17.6 Allow access to any User account to any other person;

17.7 Upload or submit content that contains viruses, or any other computer code, corrupt files, or programs designed to interrupt, destroy, or limit the functionality, or to disrupt any software, hardware, or other equipment; or

17.8 Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform or any part thereof.

  1. Termination, Suspension and other Measures.

18.1 Term. The Agreement between Kavava Platform and the User is entered into for a definite period, for as long as Users retain an active account on the Platform.

18.2 Termination by Company. Company shall be entitled to terminate any Services provided to the User, or part thereof, for any reason and at its own discretion. Company may do so immediately when the User has breached these Terms of Service or applicable law, or reasonably believe termination is necessary to protect Kavava, its Account Users, or third parties. If your account has been inactive for more than two years, we may terminate your account.

18.3 Termination by User. You can terminate your account by going to the Kavava App Account User Details. Or by emailing us at account@kavava.com

18.4 Survival. Provisions herein which expressly or by implication survive termination shall continue in full force and effect.

  1. Modification.

19.1 Kavava may unilaterally change these Terms of Service any time. Kavava will take all reasonable steps to notify you of any changes and to ensure that you are notify of those changes. However, it is not a requirement that Company obtains this confirmation. If you continues to use Company’s Services after 30 days of having received notification, you have agree to have accepted all changes.

  1. Resolving Complaints and Damage Claims.

20.1 If there are compliant, dispute, damages arising during the Visit. First, talk to the other party directly to come up with a resolution. If you cannot come to a conclusion and need a third party, you have up to 15 days post trip to file a complaint. Please be sure you have suffice evidence and email resolve@kavava.com.

  1. Kavava’s Role.

21.1 When a Visitor enters into a booking with the Landowner through the Kavava APP, the Visitor enters into a direct contract with the Landowner. Kavava is not a party to a contractual relationship between Visitors and Landowners. Kavava does not warrant or act as an agent or in any other capacity for the Landowner.

  1. Member Accounts.

22.1 You must be 18 years or older to register a Visitor (Kavava APP) or Landowner Account (www.Kavava.com ) to access the features provided by Kavava. The information you provide to set up the account must be accurate, current, and complete information. If any information provided during the registration process or thereafter is or becomes inaccurate, false or misleading, Kavava has the right to suspend or terminate your account. You represent and are responsible for maintaining the confidentiality of the passwords and account information and must notify Kavava if the you suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

22.2 You must maintain the confidentiality of the passwords and account information and agrees to notify Kavava Platform if you suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.

22.3 You shall duly inform Kavava Platform of any fact and circumstances that may be relevant in connection with the execution of the Services.

22.4 You shall guarantee the correctness, completeness, and reliability of relevant information provided to Kavava Platform.

22.5 You will be responsible for all activity that originates from their account. If you violates any of these Terms of Use or applicable policies, Kavava Platform may terminate the account without notice.

  1. Disclaimer of Warranties.

23.1 Kavava will take all reasonable steps to offer you the best possible user experience. However, the you acknowledges that digital platforms might never be wholly free from defects, errors and bugs; and Kavava Platform gives no warranty or representation that the Platform will be wholly free from defects, errors and bugs.

23.2 Kavava will further take all reasonable steps to create a safe and secure digital environment. However, the you acknowledges that digital platforms might never be entirely free from security vulnerabilities; and Kavava Platform gives no warranty or representation that the Platform will be entirely secure.

23.3 Kavava Platform provides its services “as is” and “as available” and cannot be held responsible for possible but unexpected material damage created directly or indirectly to the User due the use of the Services. For example (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Visitor, Landowner, Listing, Listing Packages or third party; (ii) we do not warrant the performance or non-interruption of the Kavava Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Visitors/Landowners (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being “verified” (or similar language) indicate only that the Member or Listing or Kavava Platform has completed a relevant verification or identification process and nothing else. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Kavava EXCLUDES ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENT OR THAT ARE OR MAY BE PROVIDED BY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING WITH RESPECT TO ANY INACCURACY OR OMISSION ON THE PLATFORM AND ANY FURTHER DOCUMENTATION PROVIDED BY Kavava.

  1. Limitations on Liability.

24.1 You acknowledges to be fully informed about the unreliability of the internet, in particular regarding security breaches relating to the transmission of data, and that no guarantees are given as to the size and speed of data transmission. Kavava Platform cannot be held liable for unforeseeable events such as security breaches concerning the transmission of data or for guaranteeing data transmission of a certain size or speed. Kavava Platform is also not responsible or liable for inaccessibility of the Platform.

24.2 Kavava SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST GOODWILL, LOST REPUTATION, LOSS OF SAVINGS, LOSS OF ANTICIPATED INCOME, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM AND/OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF THE Kavava PLATFORM TO THE USER WITH RESPECT TO ANY CLAIMS, LIABILITIES, COSTS, AND/OR DAMAGES ARISING OUT OF USER’S USE OF THE APP AND/OR THE SERVICES, SHALL BE $500 IN THE AGGREGATE.

  1. Indemnification.

25.1 To the maximum extent permitted by applicable law, the User indemnifies and holds harmless Kavava Platform (including its affiliates, subsidiaries, employees, and contractors) against all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of (a) User’s breach of these Terms of Use or applicable law; (b) User’s improper use of the Platform; (c) User’s interaction, arrangement, or experience with another User on the Platform, whether a Visitor or Landowner, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind; (d) User’s non-payment of applicable taxes; and (e) User’s violation of third-party rights (including intellectual property, privacy, and property rights).

  1. Contracting Entities.
  2. United States Governing Law and Venue.

27.1 Governing Law. Only the laws of the State of [CA], USA, apply to the legal relationship between Company and the User.
Those who choose to access this Site from locations other than CA, USA are responsible for compliance with local laws if and to the extent local laws are applicable.

27.2 Jurisdiction. Unless otherwise required by law, the courts of the State of [CA], USA, are authorized (in the first instance) to take cognizance of any dispute between Company and the User if no amicable solution of the dispute can be reached between Company and User.

  1. United States Dispute Resolution and Arbitration Agreement.

28.1 Arbitration Agreement. By agreeing to these Terms of Use, the User consents that the User is required to resolve any claim that the User may have against Company on an individual basis in arbitration. Any claim, controversy, or dispute arising out of or relating to (a) User’s access or use of the Services and/or Platform at any time, and (b) these Terms of Use or the breach, termination, enforcement, interpretation, validity, or existence thereof, will be settled by binding arbitration between the Company and the User, and not in a court of law. This includes claims of property damage through the use of the Services provided by Company.

28.2 Waiver of Jury Trial. No trial by jury or any sort of class action or representative proceeding may take place. However, both Company and User retain the right to bring individual actions in any small claims court located in the state of [CA] in order to seek injunctive or other equitable relief to prevent the threatened or actual infringement of these Terms of Use or any applicable laws, or violation or misappropriation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property rights.

28.3 Rules. The arbitration shall be administered solely by the American Arbitration Association (“AAA”) in accordance with the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) and the AAA’s Consumer Arbitration Rules, except as modified by this Arbitration Agreement, unless determined otherwise by the AAA. This does not govern disputes occurring only between a Visitor and a Landowner, as Company shall in no instance be a party to the binding agreement between a Visitor and a Landowner.

28.4 Arbitrator(s). The parties affirm that the arbitrator (“Arbitrator”), and not any federal, state, or local court of agency will have exclusive authority to resolve any disputes or concerns relating to the enforceability, interpretation, formation, or applicability of these Terms of Use, including but not limited to any claim that all or any part of these Term of Use are void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including claims or issues relating to whether the Terms of Use are illusory or unconscionable, and any defence to arbitration, including delay, laches, estoppel, and waiver

28.5 FAA Rules. Not superseding any choice of law or other provision in the Terms of Use, the parties agree that these Terms of Use evidences a transaction involving interstate commerce, and that the Federal Arbitration Act, 9 U.S.C § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the AAA and FAA Rules will pre-empt all state laws to the fullest extent permitted by law.

28.6 Process. A party who acts to initiate or desires to begin arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The Arbitrator will either be (1) an attorney specifically licensed to practice law in the state of [CA] and will be selected by the parties from the AAA’s roster of arbitrators or (2) a retired judge. If the parties are unable to agree upon an Arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

28.7 Location and Procedure. Unless parties agree otherwise, the arbitration will be conducted in the county where Company headquarters reside. If a claim does not exceed $10,000, the arbitration will be conducted solely on the basis of the documents Company and User submit to the Arbitrator, unless User requests a hearing, or the Arbitrator determines that a hearing is necessary. For claims exceeding $10,000, the User’s right to a hearing will be determined by the AAA Rules.

28.8 Fees. The responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

28.9 Arbitrator’s Decision. The Arbitrator will render an award within the time frame given in the AAA Rules. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

  1. Miscellaneous.

29.1 Assignment. The User may not assign any of its rights, obligations, or privileges hereunder without the prior written consent of Company, which Company shall not withhold unreasonably. Any assignment other than as provided for in this Section shall be null and void, ab initio.

29.2 Severability. In the event that one or more of the provisions in these Terms of Use are found to be wholly or partially invalid, the remaining provisions will remain in full force. Company will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.

29.3 Entire Agreement. Except as supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement together with these Terms of Use contains the entire legal understanding between Company and the User and supersedes any and all prior or written understandings or agreements in relation to the User’s access to and use of the Services.

29.4 Relationship. The Company, Visitors and Landowners are all considered to be independent contractors of one another. In no event shall there by an employee/employer, agency, joint venture, or partner relationship between any of them.

29.5 Notices. Unless specified otherwise, notices and communications as required under these Terms of Use may be given electronically via email or push notification, or any contact method provided by Company to User.

29.6 Non-Waiver. Company’s failure to insist upon strict enforcement of any provision of these Terms of Use shall not be construed as a waiver of any such provision or right. Any waiver by Company of any right or provision herein shall only be by a writing signed by an authorized Company officer.

29.7 Force Majeure. Under no circumstances shall the Company be liable for any delay or failure to perform any of its obligations if it is prevented from doing so by causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, public health crises, strikes, transportation shortages, and shortages of fuel, energy, labor, and/or materials.