Nabu Village, Inc. Terms of Sale
A. In General
B. Merchant Offerings
Getaways that you purchase through the website are subject to the terms below: Nabu Getaways is a Nabu-facilitated hotel or travel package at a named Merchant available for purchase for a limited period of time (“Nabu Getaways”). Unless otherwise specified, a Nabu Getaways is non-transferrable. A Nabu Getaways may not be sold, auctioned, or bartered. Cancellations to Nabu Getaways may only be made through Nabu until the deadline specified in connection with the Nabu Getaways. Cancellations to any Nabu Getaways after the cancellation deadline and modifications to the traveler’s name are at the discretion of the Merchant and not Nabu. Nabu does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant’s discretion. Nabu strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require and violation of such additional rules and restrictions may result in additional charges and/or the cancellation of your Nabu Getaways.
III. Merchant Services
Through the website, certain Merchants allow you to purchase various services directly from the Merchant. Terms and conditions regarding such services and returns will vary by Merchant and will be stated in the Merchant’s deal terms. Charges for delivery and applicable sales taxes may be added at checkout. Once you click the “Buy” button, Nabu will notify the Merchant of your requested order. Your purchase is not complete until you receive an email from Nabu confirming whether or not the Merchant has accepted your order. Merchant is solely responsible for all Merchant Products purchased through the website.
IV. Merchant Gift Cards
Merchant Gift Cards are offered by Merchants to consumers subject to the terms and conditions specified by the Merchant on the face of the Merchant Gift Card. By obtaining or purchasing a Merchant Gift Card through the website you acquire the right to redeem the Merchant Gift Card with the Merchant. Any service fee retained by Nabu from the sale of a Merchant Gift Card is compensation to Nabu for marketing, promoting, advertising, and distributing the Merchant Gift Cards on behalf of the Merchant. As the issuer of the Merchant Gift Card, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Nabu does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. Nabu is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Merchant Gift Card.
Through the website, certain Merchants allow you to schedule use of your Voucher on a specific date and time and make any additional payments through the website. Any additional charges that may be charged after the Booking, such as applicable gratuity, will be disclosed in connection with the Booking. Your Booking is not complete until you receive confirmation from Nabu that the Booking is confirmed. Any scheduling restrictions, such as maximum group size or time and date availability, will be specified in connection with the Booking. The Merchant is solely responsible for honoring any booking that is not booked through the website. A Booking may not be sold, auctioned, or bartered. Additionally, the Merchant is solely responsible for the care and quality of all goods and services it provides to you. Nabu does not facilitate nor is it liable for any special requests that the Merchant may accommodate at its discretion. It is within the Merchant’s sole discretion to provide an alternative date and time after a missed Booking. If you purchase a Voucher but do not make Booking, the terms applicable to the amount paid and promotional value for traditional Vouchers apply. Restrictions regarding cancellation or rescheduling deadlines and availability of appointments may vary by Merchant and will be no less than 24 hours before your scheduled Booking, unless stated otherwise in connection with the Booking. If you do not cancel or reschedule your Booking before such cancellation or rescheduling deadline, your Voucher will be redeemed after such deadline passes. Nabu will not provide a refund for any missed Booking if you do not cancel or reschedule before the deadline stated in connection with the Booking. The Merchant is solely responsible for all availability and all goods and services provided on and/or through the website.
C. Nabu Terms and Conditions
To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. You can browse Nabu without registering for an account. But to use some of Nabu’s functions, you’ll need to register, choose a username, and set a password. The information you give us has to be accurate and complete. If you don’t follow these rules, we may cancel your account. You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone used your account without your permission, you should report it to [email protected]. You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the website.
To protect the integrity of Nabu’s system and to help ensure that users, Merchants and Beneficiaries enjoy a safe and secure environment, Nabus reserves these rights: a. We can make changes to the Nabu website and Services without notice or liability. b. To decide who’s eligible to use Nabu. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of our Terms or any other rules on the website, we may also cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Nabu in that jurisdiction. c. To cancel any pledge to any project, at any time and for any reason. d. We have the right to reject, cancel, interrupt, remove, or suspend any Merchant Offering at any time and for any reason. Nabu is not liable for any damages as a result of any of these actions. It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancelations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.
Limits to the Services
Nabu is a place of joyful and learning experiences, please keep it that way and: Respect the law. Don’t take any action that infringes or violates other people’s rights, the law, or breaches any contract or legal duty you have toward anyone. Be honest, don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent. Offer services that are in compliance with the law and regulations. Don’t offer any rewards that are illegal, violate any of Nabu’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation. Be respectful. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy. Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists or any kind of auto-responder or spam on or through the Services. Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Services. Don’t abuse other users’ personal information. You may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Nabu Services, please don’t use it for other purposes. Don’t try to interfere with the proper workings nor bypass any measures of the Services including any action that imposes an unreasonable load on our infrastructure. Respect our IP and don’t take apart or reverse engineer any aspect of Nabu in an effort to access things like source code, underlying ideas, or algorithms.
Merchants and Service providers
Nabu is a web base platform through which certain merchants offer meaningful gift experiences i.e. martial arts, summer camps or surf lessons (collectively “Merchant Offerings ”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to buyers for the care, quality, and delivery of the goods and services provided. Merchants will respond promptly and truthfully to all questions posed to them by Nabu or any buyer or user of the Service. If any Merchant is unable to fulfill any of its commitments to buyers or users (including delivering any Merchant Offering), the Merchant will work with the buyer to reach a mutually satisfactory resolution, which may include full and immediate refunding. Merchants are responsible for collecting and remitting any taxes on contributions, and any taxes due in connection with Merchant Offerings.
Terms of Sale
By purchasing or obtaining any Merchant Offering via the Services, you agree to the attached Terms of Sale.
Crowdfunding for Merchant Offerings
For users, the platform provides the chance to buy or crowdfund the Merchant Offerings. User may buy a full Merchant Offering or crowdfund with other users for such Merchant Offering. The beneficiary of the Merchant Offering may complete partial Merchant Offerings in case they are not fully funded. [Also they may transfer funds from different Merchant Offerings gifted to such Beneficiary]. [Once the Merchant Offering is fully founded, that particular gift option will no longer be available and users must choose a different Merchant Offering.] [Nabu will notify the Beneficiary every time he reaches any Merchant Offering goal.] Please note that certain Merchant Offerings and pricing on the website may change at any time in Nabus’s sole discretion, without notice.
Creating an account on Nabu is free. If a user buys a Merchant Offering for a Beneficiary, we collect a 12% fee and our payment partners collect fees. Our partners’ fees may vary slightly based on your location. If our fees ever change, we’ll announce that on our website. Some funds pledged by users are collected by payment providers. Each payment provider is its own company, and Nabu isn’t responsible for its performance. You’re responsible for paying any additional fees or taxes associated with your use of Nabu.
Limitations on liability
NABU (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO NABU FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NABU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. For jurisdictions that do not allow Nabu to limit its liability: Notwithstanding any provision of the terms, for users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Nabu’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Nabu does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
Disclaimer of warranties
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. NEITHER NABU, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, SERVICES, OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE, MERCHANT OFFERINGS, SERVICES AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, NABU HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE WEBSITE OR THE MERCHANT OFFERINGS, SERVICES, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE PROVIDER OF SERVICES OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY NABU THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
Nabu content Nabu’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works of the Service. Users content Nabu doesn’t own the content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit content to our Services, you agree to these terms: Nabu can use the Content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. In general, we use this Content to promote Merchant Offerings and showcase our community on the website. There are many factors that we take into consideration before featuring a Merchant Offering on the website. This includes, but is not limited to, a crisp experience image, a clear and detailed description that includes a thorough plan for completing your services, captivating images or videos, an excited community, what we think different users will be interested in, and of course, a lot of creativity. We may also recommend projects that are gaining traction as a result of our Artificial Intelligence algorithm that we believe will match your test based on your profile, location, prior search terms, browsing history, project backings and other interactions, and cookies we have collected during their visits to our website. When we use the Content, Nabu can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content. You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Nabu all the license rights outlined here). Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Nabu’s hosting of that Content. You declare that if we use your Content, we’re not violating anyone’s rights or copyrights. If Nabu or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You’re responsible for the stuff you post. All information submitted to the website or Services, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated. We’re not responsible for mistakes in your Content. Nabu will not be liable for any errors or omissions in any Content. The website, any content on the website, and the infrastructure used to provide the website are proprietary to Nabu, Merchants, and other content providers. By using the website and accepting these Terms: (a) Nabu grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the website pursuant to these Terms and to any additional terms and policies set forth by Nabu; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the website without the express permission of Nabu.
The Digital Millennium Copyright Act
Infringement Reporting Procedures. If you own copyright, trademark, patent, or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material on the website infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to Nabu's attention, you can report your concern(s) by submitting your complaint here . Nabu reserves the right to terminate your, or any third-party’s, right to use the website if such use infringes the copyrights of another. Nabu may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access the website, if Nabu determines that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the website by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Nabu's attention, you must provide Nabu's DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. The contact information for Nabu’s DMCA Agent for notice of claims of copyright infringement is: Nabu Village, Inc. Attn: Copyright Agent, 3918 W Chandler Blvd Burbank, CA, email: [email protected].
Choice of Law
Dispute Resolution/Arbitration Agreement
License to Sell Travel Services
Nabu does not have a license nor offer travel services.
If you have any questions about our Terms, feel free to contact us at [email protected].