TERMS & CONDITIONS FOR THE USE OF CURIOS

CURIOUSLY GLOBAL S.A.C., identified with R.U.C. N° 20608777734, domiciled at Calle Juan Dellepiani N° 180, Urb. Country Club El Golf, district of San Isidro, province and department of Lima, Republic of Peru (hereinafter, “Curios”) is the operator and responsible for the website https://curios.place/ (hereinafter, the “Platform”) which, in accordance with the Privacy and Cookie Policies, forms a contract between Curios and the customer and/or user (hereinafter, the “User”).

1. Description

 

Curios is a platform that functions as an intermediary between the User and the hosts (hereinafter, the “Hosts”), the latter being natural persons and/or companies that make available to the User various destinations and experiences (hereinafter, the “Services”), as detailed below.

Curios does not manage or control the Host Services. The Host is an independent individual or company and is not an employee, agent, or partner of Curios. By these Terms and Conditions, the User agrees that the User has full discretion as to how and when the Host Services are provided.

These general Terms and Conditions, together with the Privacy Policy govern your use of the Platform, which is accessible through https://curios.place/ and certain other websites operated by Curios (collectively, the “Curios Websites”).

This document contains the provisions governing the general Terms and Conditions of use of the Website, fan pages and any of its subdomains and each of the tools available now or in the future.

 

2. Acceptance of the Terms and Conditions

 

By generating a reservation on any of the Services published on the Platform or registering on the Platform, the User is accepting the Terms and Conditions and, therefore, is committed to comply with its conditions.

Accordingly, before taking any action on the Platform, the User should carefully read all the Terms and Conditions, as well as the Privacy and Cookie Policies, and if the User does not agree, you should refrain from further use of the Platform and/or contracting with Curios. Otherwise, you are expressly warranting that:

• You accept and are bound by these Terms and Conditions of Use, as well as the Privacy and Cookie Policies, which are binding documents; and.
• That you have the capacity to accept and be bound by these Terms and Conditions of Use.

2.1. Additional Residency Provisions

In addition, the Platform is available to Users worldwide. Certain parts of these Terms and Conditions apply to certain Users only if they reside in a specific country or region.

a. European Union Residents:

If the User resides in any of the countries that constitute the European Union, Appendix A of these Terms and Conditions shall additionally apply to the User.

b. Residents of the United States of America:

If the User resides in the United States of America (including its territories and possessions), Appendix B of these Terms and Conditions shall apply in addition. Appendix A contains a mandatory and binding individual arbitration clause, which means that User agrees to submit most disputes relating to the Platform, Curios services or these Terms and Conditions to binding arbitration and not to sue Curios in court. The User may only opt out of arbitration if the User follows the procedure in Appendix B. Appendix B also contains a mutual class action or jury trial waiver.

c. Residents of other countries outside the European Union and the United States of America (Rest of the World):

In case the User resides in any other country in the world -which does not integrate the European Union or the United States of America- the Peruvian regulations shall apply, i.e., Law No. 29571, Código de Protección y Defensa del Consumidor.

Appendices A and B are indicated in paragraph 19 of these Terms and Conditions.

 

3. Modification of Terms and Conditions

 

Curios reserves the right to modify the Terms and Conditions from time to time, as well as any information incorporated herein by reference in order to adapt them to new rules and regulations that may be issued from time to time, or due to a legal or contractual obligation, without prejudice to Curios’ sole discretion to adapt them to industry practices or operational conveniences. Curios is entitled to modify, amend or suspend, temporarily or permanently, the services provided through the Platform, as well as the contents, descriptions and explanations of the Platform, for which it has the prior acceptance of the User.

When making changes, Curios will inform through its website https://curios.place/, as well as the date from which such changes will apply.

The User understands and agrees that the continued use of the Services or the Platform after changes have been made to it, constitutes an express acceptance of such modifications.

 

4. Eligibility

 

The Platform and the Curios services are intended for Users who are eighteen (18) years of age or older (“Eligible Persons”).

By using the Platform, the User represents that he or she meets the requirement described in the immediately preceding paragraph and agrees to comply with all of the Terms and Conditions set forth herein. Use of or access to the Platform by any person who does not meet such requirements is unauthorized and is a violation of the Terms and Conditions, and Curios may take appropriate action or sanctions on a case-by-case basis.

 

5. Obligations of the Users on the use of the Platform

 

The User commits to refrain at all times from interfering or attempting to interfere with the normal operation and functioning of the Platform, by any means whatsoever, including, without implying any limitation, the sending of computer viruses in any format, the development of spamming, hacking or cracking activities, or any other means expressly prohibited by any provision of the Terms and Conditions or whose effect is to interfere, attempt to interfere, damage or affect the Site or third parties using or accessing the Site.

In the event that the User violates the law or infringes the rights of third parties, Curios is entitled to provide, upon request of any lawful authority (courts, administrative authorities and police forces), any information that would allow or facilitate the identification of the offender.

In general, the User undertakes, including but not limited to:

1. Not to use the Platform for illicit purposes;
2. Not to infringe intellectual property rights, especially on the distinctive signs and images of which Curios is the owner, or the regulatory standards relating to the protection of personal data;
3. Not to alter or modify the Platform by circumventing, disabling or otherwise manipulating the functions of the Platform;
4. Not to introduce computer viruses, defective files or any other computer program that may cause damage or alterations to the contents or systems of the Platform;
5. Not to host, store, disseminate, publish, distribute or share images or photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
6. Not to host, store, disclose, publish, distribute or share any material or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;
7. Not to host, store, disclose, publish, distribute or share any content that may involve unlawful interference or infringement in any way of the fundamental rights to honor, image and personal privacy of third parties and, especially, of minors;
8. Not to send mass and/or repetitive emails to a plurality of persons, nor to send e-mail addresses of third parties without their consent, and
9. Not to use the platform for the publication of offers for the sale or rental of products and/or services of third parties.

6. Services: Curios Experiences

 

Curios is a collection of local experiences designed for the User, through the Services provided by the Hosts, to enter into the communities they reach, discover their history and traditions, taste their food and drink, learn how they cook, think, work and play. Details, booking dates and prices of the Curios Experiences can be found at the following link: https://curios.place/

 

6.4 Additional Considerations

• The prices of the Services include the IGV (except in territories exempted from the payment of such tax).
• The User must respect the established schedules in which the Services will be carried out. The User will have a maximum of 15 minutes of tolerance. After 15 minutes, if other users are waiting, the Host will start the Service. If there is only one User and he/she arrives after the 15 minutes waiting time, the Host may decide to shorten the Service to finish at the agreed time.
• All times are local. All Peru has one time zone: UTC-05:00.

 

7. Bookings

 

Once the User (i) has made the reservation through the Platform, (ii) checked the availability of the Service (if applicable) and (iii) subsequently paid for the Services, Curios will send the User an immediate confirmation to the email address provided at registration.

Notwithstanding the foregoing, certain Services may require reconfirmation from the Host accompanying the User. In such a scenario, no charge will be made until the Host makes the reconfirmation.

Users are responsible for correctly providing their email and contact telephone numbers. In case the Users do not receive the confirmation email, they should contact Curios through the following e-mail: info@curios.place

 

7.1 Additional Considerations

Most services offered on the platform are not privately operated and may include other participants.

For a private group booking, the User must send an email to info@curios.place and Curios will send a quote for the number of people in your group.

 

8. Cancellation, Rescheduling and/or Refund Policies

 

Each Service has its own cancellation policy, depending on the time needed in advance to prepare. It can be 24 hours, 48 hours, 72 hours, 96 hours or even 7 days before the start of the Service.

If the User cancels the Service before the Host’s deadline, the full amount will be refunded. On the contrary, no refunds will be applied for cancellations after the Host’s deadline.

If the cancellation occurs more than 180 days after the purchase but before the Host’s deadline, transaction fees will be deducted. In this case, the User must provide an account to which the refund can be sent.

8.1 Cancellation by the Host

The Host may request cancellation of the Service if an unforeseen risk (act of God or force majeure) makes it unsafe or unfeasible. Risks include:

1. 1. Adverse weather.
   2. Strikes.
   3. State of emergency restrictions in response to Covid-19 or other public health threats.
   4. Reasons beyond the Host’s control (acts of God or force majeure) that prevent the Host from attending to provide the Services as stipulated.
   5. Other similar.

In case of cancellation by the Host, the User may (i) change the date of his/her visit (subject to availability), (ii) request a full refund or (iii) accept a change of the Service as proposed by the Host.

 

9. Trademarks, Copyrights and Intellectual Property Rights

 

All software used on the Platform, as well as all content included therein, without limitation of the design, text, images and graphic elements, as well as the selection and design of the content disseminated through it, as well as its presentation and assembly, are the exclusive property of Curios, who holds the exploitation rights. In this sense, they constitute works protected by copyright and intellectual property laws, and international treaties signed in this field are also applicable to them.

Curios does not grant any license or authorization of use on its industrial and intellectual property rights, copyrights, trademarks or any other property or right related to the Platform.

Curios, logos, designs, headers, icons, source code (HTML, CSS, JavaScript, etc.), illustrations and service names are trademarks, copyrighted works and intellectual property of Curios and may not be used or copied, imitated or used, in whole or in part, without the prior written permission of Curios; as well as the content of the Platform, and the processes used by Curios to provide its services.

 

10. Liability

 

10.1 About the Platform and the Terms and Conditions

The User agrees to indemnify and hold harmless Curios and each of its directors, officers, agents, contractors, partners and employees, against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with:

(i) improper or negligent use of the Platform, in accordance with the provisions of Section 5 hereof, and/or

(ii) a breach of these Terms and Conditions

(iii) violation of any law or third party rights.

The User declares, acknowledges and agrees that the use of the Platform is at the User’s own risk, releasing Curios from all liability, including, without limitation, damages, unpaid debts, direct, indirect losses or expenses, arising in connection with the Platform or its use, or impossibility of use by Users, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system or line failure.

10.2 About the services in general

The liability for services not provided due to the negligence of Curios and/or our staff in general (not including Hosts), shall be limited to the actual cost of the omitted services and excludes all resulting indirect consequences or costs.

In such eventuality, Curios will use its best efforts to provide alternative arrangements of equal or lesser value, subject to availability.

In the event Curios ceases to operate for internal labor reasons, force majeure or other reasons, or in the event Curios becomes financially insolvent, with the formalities required by the Peruvian legislation, the refund of the service not provided will be made, within the aforementioned procedures and within the time limits established by the Peruvian authorities, for each specific case.

The User accepts that Curios acts as an intermediary between the User, the Hosts and any tourist service company. Curios has neither liability nor responsibility for loss, damage or injury sustained in connection with the Services provided by railroads, ground transportation companies, local tour companies, tour operators, steamship companies, airlines, adventure sports, hotels and lodging facilities. All these Services operate under the laws of the country, subject to the regulations provided by the relevant authorities.

 

11. Platform Availability

 

The User acknowledges that the Platform and service may be temporarily unavailable for maintenance or other reasons. Curios assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User’s communications, which respect to causes not attributable to Curios. In this regard, Curios is not responsible for technical problems or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players caused by technical problems or traffic congestion on the Internet or on the Platform or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials related to the Platform or in connection with the service, arising out of acts of God or force majeure.

 

12. Technical Requirements

 

Users are responsible for having a smartphone, computer or any device with internet connection that meets the characteristics and technical requirements to access and use the Platform, including internet connection.

The User agrees not to modify, reproduce, copy, reverse engineer, redesign, decompile, adapt, translate, make derivative developments of Curios or use it to develop any software or any other kind of material. You agree to use Curios only in the manner permitted herein.

 

13. Additional Comments

 

The User acknowledges and agrees that any questions, comments, suggestions, ideas, opinions or other information on the Platform are non-confidential and shall become the exclusive property of Curios. Curios shall have exclusive rights, including all intellectual property rights, and shall be entitled to the free use and dissemination of such communications for any purpose, commercial or otherwise, without acknowledgment or compensation to the User.

 

14. Notifications

 

Curios will send notifications or communications to Users to the e-mail address provided by them in the contact form on our Website, while notifications or communications that Users wish to send to Curios should be sent to Curios’ e-mail address: info@curios.place

 

15. Duration of these Terms and Conditions

 

The Terms and Conditions shall be in full force and effect for each User as of the date of contracting the Curios services (reservation), and shall remain in effect, including its modifications, until the services cease or a reason occurs that determines its termination in accordance with the Terms and Conditions.

 

16. Dispute settlement

 

Curios and the Users agree that in case of doubt or controversy about the validity, interpretation or execution that may arise between them, in relation to the aforementioned documents, they expressly submit to the jurisdiction of the judges of the judicial district of Lima, indicating as their addresses those that appear in the registration forms, where the judicial or extrajudicial communications and notifications will be sent.

 

17. Final considerations

 

Curios does not guarantee the accuracy of any User content or third party content. Although Curios provides rules for User conduct and postings, Curios does not control and is not responsible for what Users post on the Platform and is not responsible or liable for any offensive, inappropriate, obscene, illegal or objectionable content that you may encounter on the Platform or in connection with any User content or third party content. Curios is not responsible for the conduct of any User of the Platform or the Service. Curios cannot guarantee and does not promise any specific results from use of the Platform or the Service.

Curios may apply penalties to Users who violate the provisions herein, and Curios shall have sole discretion as to what penalty to apply.

 

18. Contact

 

If you have any doubt, claim, comment or suggestion regarding these Term and Conditions, please contact us to info@curios.place

 

19. Appendices

Appendix A

Clauses applicable only to Users residing in the European Union (EU):

A.1 Scope of Application

To the extent permitted by mandatory local (consumer) law in the User’s country of residence, these Terms and Conditions and the services provided by Curios are governed by Peruvian law.

A.2    Liability

A2.1 Except as otherwise provided in section A2.2, Curios’ maximum liability which arises out of or in connection with the performance of its contractual obligations to User is limited to reasonably foreseeable loss or damage resulting from Curios’ negligent breach of a “Cardinal Obligation”.

A Cardinal Obligation under these Terms and Conditions is an obligation, the performance of which is essential to the proper performance of these Terms and Conditions and the breach of which jeopardizes the purpose hereof and the performance on which the User may regularly rely.  Loss or damage is generally foreseeable if it was normally foreseeable at the time of acceptance of these Terms and Conditions. Curios and its agents’ liability for damages caused by User’s negligent breach of a “Non-Cardinal Obligation” is excluded.

A2.2 Nothing in these Terms and Conditions excludes or limits the liability of Curios or its vicarious agents or representatives for gross negligence, intentional bodily injury (including death), personal injury or fraud. Any other legal rights recognized as a consumer under Peruvian law shall also remain unaffected.

A2.3 The foregoing limitations of liability do not apply if Curios fraudulently conceals a circumstance related to the standard of the Platform or assumes the warranty of a specific functionality.

A2.4 In addition to paragraph 8.1 of these Terms and Conditions, there is no liability for acts of God or force majeure, including, for example: failure of electronic or mechanical equipment or communications, acts of third parties (including denial of service attacks and excessive or abusive use of the Platform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, inclement weather including floods, regulatory or other actions of any regulatory, governmental or supranational authority, war, insurrection or labor disputes.

A.3 Indemnización

A3.1 The indemnity for damages within the meaning of clause 10.1 also includes compensation in favor of our Hosts.

A3.2 The above obligations in section A3.1 only apply if the User is responsible for the occurrence of one of the events described in clause 10.1 of these Terms and Conditions, i.e. if he acted intentionally or negligently and such misconduct led directly to the events or violations described above.

A.4    Right of withdrawal

The User is a consumer (i.e. a natural person acting for a purpose which is outside his trade, business, craft or profession). In case the User’s habitual residence is within the European Economic Area, he/she generally has a statutory right of withdrawal in accordance with the withdrawal information below. However, in some cases, the right of withdrawal is excluded by law, so you may not have a right of withdrawal in the specific case of your contract.

A4.1 Exclusion of the right of withdrawal

European regulations exclude the right of withdrawal in the case of distance contracts for the provision of leisure activities, if the contract provides for a specific date or period of performance. This includes tours of various types specifying a specific date or time, “single or multi-day excursions”, “entrance tickets”, “guided tours”, “water activities”, “adventures”, “other experiences” and “combination offers” organized by us.

A4.2 Instructions on exercising the right of withdrawal

A4.2.1 Right of Withdrawal

The User has the right to withdraw from this contract within a period of 14 days without giving any reason. The withdrawal period shall expire 14 days from the day on which the User contracts the services of Curios. In order to exercise the right of withdrawal, the User must inform info@curios.place of his/her decision to withdraw from the contract by means of an unequivocal statement (e.g. an e-mail or a letter sent by post).

The User may use the attached model withdrawal form, but it is not mandatory. In order for the User to exercise his/her right of withdrawal within the required period, he/she need only send the communication concerning the exercise of the right of withdrawal before the end of this period.

A4.2.2 Effects of withdrawal

If the User withdraws from the engagement, Curios will reimburse all payments received from the User, without undue delay and in any event no later than 14 days from the date on which the User informs the User of its decision to withdraw from the engagement. Curios will make the refund using the same means of payment used by the User for the initial transaction, unless the User has expressly provided otherwise; and provided that it does not incur any costs as a result of such refund.

The User may use the model withdrawal form below to declare his/her withdrawal, although its use is not mandatory. For example, the User may also declare his withdrawal quickly and efficiently through the Platform, if he fills in and sends the form to: Cancel booking. If you use the model withdrawal form that Curios will provide you with below, Curios would appreciate it if you also indicate your booking code. This facilitates the work of linking the requested cancellation with the booking.

A4.2.3 Model withdrawal form

(Please complete and send this form if you wish to withdraw from the contract).

To Curiously Global S.A.C., identified with R.U.C. N° 20608777734

I/We hereby inform you [*] that I/we withdraw from my/our [*] contract for the sale of the following good/provision of the following service [*],

Ordered on [*] /received on [*],

Name of the consumer(s),

Address of the consumer(s),

Signature of the consumer(s) (only if this form is submitted on paper),

Date

Appendix B

Clauses Applicable Only to Residents of the U.S.

B1 Warranty Disclaimers. To the fullest extent allowed by applicable law and except as expressly set forth herein, we make no, and hereby specifically disclaim any, representations or warranties, express or implied, statutory or otherwise, regarding the activities and services contemplated by this agreement, including any implied warranty of merchantability, or fitness for a particular purpose and any implied warranties arising from course of dealing, course of performance, or usage of trade. The Platform is provided “as is,” without warranty of any kind, either express or implied. We do not warrant that (i) the Platform will meet all of your requirements or that performance of the Platform will be uninterrupted, virus-free, secure, or error-free, or (ii) the content on the Platform will be complete, accurate, or free from technical defects or changes by unauthorized third parties. We are not responsible for the accuracy or completeness of Supplier-provided data.

B2     Activity-Related Liabilities

B2.1 Injury Incidents. The User (and any other person for whom you made a booking for an Activity (a “Co-Traveller”)) agree and understand that Activities are provided by the Hosts, not by Curios. Hosts are independent third parties that are not under the control of Curios. In the event that you or a Co-Traveller is injured, killed, or suffers a loss during or in connection with an Activity (an “Injury Incident”), you agree to seek compensation directly from the Host that provided the Activity, not from Curios or its affiliates, subsidiaries, distribution partners, or their respective officers, directors, employees and agents (“Curios Third Parties”)

B2.2 Release. The User, on behalf of yourself and any co-travellers , hereby release the Curios to and from any and all claims, demands, causes of action, obligations, damages, and liabilities, costs and expenses (including, but not limited to, attorneys fees), whether or not now known, suspected, or claimed, relating to any injury incident, which you ever had, now have, or may in the future have.

B2.3 Unknown Claims. California Civil Code section 1542 provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The User accept that you have read and understand this language. The User specifically and expressly WAIVE any and all rights you may have under California Civil Code section 1542 (or any similar statute) as they relate to the release in this section. You acknowledge and agree that this waiver is an essential and material term of these Terms.

B2.4  Covenant. The User covenant and agree never to commence, prosecute, or cause, permit, or advise to be commenced or prosecuted against Curios or all Curios Third Parties that conform it, any action at law or equity, or other proceedings (including arbitration), based upon any Injury Incident.  If any such prohibited action or proceeding is instituted, these Terms may be pleaded as a full and complete defense thereto.

B2.5. Third-Party Beneficiaries. The Curios Third Parties are expressly named as third-party beneficiaries to this Section B2. Each of the Curios Third Parties has the right to enforce this Section B2 against you as this Section B2 pertains to its respective rights as a third-party beneficiary.

B3     Liability Limitations

B3.1 Waivers. To the fullest extent allowed by applicable law, Curios will be not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including damages for lost data, lost profits, lost revenue or costs of procurement of substitute goods or services, however caused and under any theory of liability, including contract or tort (including products liability, strict liability and negligence), and whether or not we were or should have been aware or advised of the possibility of such damage and notwithstanding the failure of essential purpose of any remedy stated herein.

B3.2 Maximum. To the fullest extent allowed by applicable law, if Curios is held liable for any loss or damage arising out of or related to these terms (including your use of Curios services, your participation (or non-participation) in an activity, or an injury incident), then Curios liability will in no event exceed, in the aggregate, the greater of (a) the sum paid to Curios in connection with the activity giving rise to the claim (if applicable), or (b) two hundred dollars (us $200.00).

B3.3 Allocation of Risk. The parties acknowledge and agree that the provisions in this section B3 represent a reasonable allocation of risk and that the Curios would not enter into an agreement absent such provisions. In no event shall we be liable to you for any acts or omissions of any supplier.

B4     Arbitration

Please read this Section B4 carefully, it may affect your rights. This section provides for resolution of most disputes through arbitration instead of court trials.  Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This Section B4 shall survive termination of your Curios Account.

B4.1 Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to the Platform, our services, and your relationship with Curios (or our subsidiary, parent or affiliate company or companies), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including the interpretation and scope of this arbitration clause and the arbitrability of a dispute (collectively, “Claims”). All Claims will be resolved by binding arbitration, unless expressly excluded from arbitration as set forth in Section B4.4.

B4.2 Opt Out. Notwithstanding Section B4.1, the User may opt out of binding arbitration by following the Opt-Out Procedure  here and mailing us a written notice, by the Opt Out Deadline. The opt-out notice must be postmarked no later than 30 calendar days after the earliest of (i) the date you first used the Platform, (ii) the date you first used our services, or (iii) the date of your first transaction with us (“Opt Out Deadline”).

The written notice must be sent to the following e-mail info@curios.place

B4.3 Governing Law for this Clause. The parties agree that these Terms & Conditions evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law.

B4.4 Excluded Claims. The following claims are not subject to binding arbitration and may be litigated in a judicial proceeding in a court of competent jurisdiction (as specified in Section B5): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger of the commission of a crime, hacking, or cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, either of us may take a claim to small claims court, if the claim qualifies for hearing by such a court, subject to the limitations specified in Section B5.

B4.5 Arbitration Process. For all disputes, whether pursued in court or arbitration, you must first send us a written description via a form available at Contact us ⎸Curios of your claim to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute is not resolved within 60 days of our receipt of the claim. The arbitration of any dispute or claim shall be conducted (i) before one neutral arbitrator, (ii) in English, (iii) under the Arbitration Rules of the International Chamber of Commerce (“ICC Rules”) together with the IBA Rules on the Taking of Evidence in International Commercial Arbitration (1999) (the “IBA Rules”) (where there is inconsistency, the IBA Rules shall prevail, but solely as regards the taking of evidence). Neither party is permitted to make any application pursuant to 28 U.S.C. § 1782. The arbitrator shall be empowered to award only those damages which are permitted in these Terms & Conditions, subject to any disclaimers or damages and liability limits set forth in these Terms & Conditions. The award rendered by the arbitrator shall include costs of the arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephone hearing, or the arbitrator determines that an in-person or telephone appearance is required. Hearings by telephone shall be preferred, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in New York, New York, unless otherwise ordered by the arbitrator.

B4.6 Class Action Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this Section B4 will not apply to you. If you opt out of binding arbitration in accordance with Section B4.2, this class action waiver will not apply to you. Neither you, nor any other consumer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having opted out of binding arbitration in accordance with Section B4.2.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

B5     Governing Law

Except as specified in Section B4.3, these Terms & Conditions (Appendix B) are governed by the laws of the State of New York, without regard to its conflict of laws rules.

B6 Venue

Any legal suit, action, or proceeding arising out of or related to these Terms & Conditions or our services (including (i) any proceeding initiated by a User who has opted out of binding arbitration in accordance with Section B4.2, and (ii) any small claims proceeding) shall be subject to the exclusive jurisdiction of the State and Federal Courts located in Kings County, New York. Each party irrevocably consents to the personal jurisdiction of such courts and agrees that it is a convenient forum and that it will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

B7 Jury Waiver

If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.