TERMS OF USE

>> WEBSITE WITH APPENDICES, LAST MODIFIED ON: February 25th, 2017

I

References

Site – the website www.nomaddict.org along with all the components and content, available on-line and operated by the Administrators.

Administrator – Tomasz Basiñski and Monika Lewicka, owners and Authors of the Site content, one of the parties of the Contract for specific work (as the Contractor).

Contract – contract for specific work is a civil law contract, established between the Administrator and the User, in accordance with the Terms of Use and Polish Civil Law.

Specific Work – 3 Travel Drafts or Travel Plans: Compass, Map and Navigation.

User – person using the Site.

Terms –  these Terms of Use.

Privacy Policy – the document concerning the policies of collecting and processing Users’ personal data, comprising an integral part of the Terms.

3 Travel Drafts – type of the paid content and based on the Users’ answers to the Questionnaire, subject of the Contract, custom indication of the suggested travel destination.

Travel Plan – main type of the paid content, design, subject of the Contract, complex recommendation on the personalized travel itinerary, available in three different extensions: Compass, Map and Navigation.

Questionnaire – travel preferences quiz which is supposed to provide the Authors with the information which is necessary to customize the 3 Travel Drafts and the Travel Plans.

Author – creator of the Site’s content, 3 Travel Drafts and Travel Plans. The person who makes a design out of his / her creativity, expertise and know-how, respecting the nomaddict’s Values.

Travel Participant – all people who are indicated by the User as the participants, individuals for whom the work is being created by the Author(/s).

Values  – the rules Administrator and Authors respect while operating the Site and creating the specific work under the Contract terms.

II

General Provisions

  1. Every User (“User”) of the nomaddict website (“nomaddict”, “Site”) is supposed to become well acquainted with these Terms of Use (“Terms”) as browsing the Site and using its content in any way, both paid and unpaid, is interpreted as an expression of the agreement to these Terms.
  2. Site operates on www.nomaddict.org and offers unique, customized unassisted travel itineraries design for independent travellers.
  3. The User ordering any of the work offered (“3 Travel Drafts” or “Travel Plan”) is obliged to adherence to the Terms which is made available complimentary as a part of the Site.
  4. Founders of the Site Tomasz Basiński and Monika Lewicka are the Website Administrators and Authors of the Specific Work (“Administrators”, “we”, “us”, “our”, “authors”).
  5. Administrators reserves the right to hand over the work performance to other Author.
  6. Administrators operate the Site and have all the rights to the Site and its content, including copyright laws, personal data receiving and operating, application program, logo, Site’s name, domain, photos, graphics and others. Its use is limited exclusively to the personal use without any commercial purposes by the law applicable.
  7. Nomaddict is not a tour agency or any other tour operator (such as tour guide, tour agent, broker and others).
  8. Administrators design the Work by himself, based on his/her abilities and his/her own travel experience to facilitate an unassisted travel planning and its realization.
  9. It is only possible to use the Site efficiently being on-line. To do so, the User is supposed to have a good Internet connection, sufficient browser, updated software and its protection. It may be possible that some software and cookies improve the Site’s features, if applied.
  10. The Private Policy is an integral part of these Terms.
  11. All the actions which have not been directly mentioned in the Terms should be recognised as forbidden and may be investigated in the court.

III

Usage Provisions

  1. The User may have access to the unpaid and paid content. In order to use the Site and its content in the legal way, the User is supposed to accept the Terms.
  2. Administrator constitutes the content and regulates both the access and the payment procedure.
  3. Administrator may refuse the access to the Site for the Users who do not comply with the Terms.
  4. The User commits to use the Site in the way that does not affect any of the authors’ copyright laws.
  5. The User is not allowed to edit, publish, distribute, popularize, plagiarize,expropriate, place on market in any form, copy and use in any way, paid or unpaid, that may violate authors’ copyright laws, the Terms and impair Authors’ businesses or for any earning objectives.
  6. The User must not use the name, logo, photos or any other content. It is the subject to the Administrator’s approval to use any of them in any way, and should be consulted every time the usage is being considered.
  7. The paid content is being offered on the Site in the form of Specific Work which can be ordered and it is available as the 3 Travel Drafts and Travel Plan of three (3) different extensions.
  8. The paid content is not available without the registration of some personal information from the User.
  9. To receive access to the paid content, the User shall make a payment by the PayPal payment gateway, available on the Site. The PayPal payment gateway is an integral part of the Site. However, the payment is being processed on the PayPal website.
  10. Entering into the Contract takes places upon the registration of the payment for the 3 Travel Drafts or for the Travel Plan.

IV

Personal Database Administration

  1. We collect information by fair and lawful means for specific purposes and process them in accordance with the law and the Privacy Policy.
  2. The data which is being collected is adequate for the purpose, accurate and kept up to date.
  3. Our Users will be notified when we are collecting any data through the Privacy Policy agreement hosted and linked from the site.
  4. Nomaddict reserves the right to use the personal data for its own use as well as for a commercial and advertising purposes.
  5. We ask the User to provide us his/her personal data whenever he/she: sends us the Questionnaire, signs for the newsletter list, contacts in any way, pays for the Work ordered and asks his/her travel question.
  6. Using the Site by anybody is explicit interpreted as accepting its rules such as the Terms and the Privacy Policy.
  7. The Administrators commit themselves to protect the personal data of the Users in accordance with the law applicable.
  8. Administrators are the only entities authorized to operate the Users’ data for the marketing and advertising purposes.
  9. The User has a right to the insight, modification and withdrawal of his/her personal data from our database, at any stage of the usage. The User should contact us by the contact form available on the Site.
  10. The security of the personal data is being carried out by using high-tech, updated software, all together with the security plugins.

V

Contract

  1. The Contract parties are: The Administrator (as the “Contractor”), who is a private individual, and the User (as the “Ordering Party).
  2. The Contract type is the Specific-Work contract without transferring the intellectual property rights.
  3. The Specific-Work Contract is liable to the Polish Civil Code, which is an applicable law for this type of the Contract in between private individuals.
  4. The appropriate justice body to deal with disputes related to the Contract is The Regional Court in Warsaw.
  5. The Contract begins with the payment  for the Specific Work registration.
  6. The Contract terminates:
    6.1. The date the Contractor sends the Work in the .pdf format to the indicated email address.
    6.2. The date of the payback as the result of the Withdrawal from the Contract.
  7. Due date is within twenty-eight (28) days after the Contract begins. The Contractor has a right to postpone the due date by seven (7) days once, without naming the reason.
  8. For the Specific Work creation it is indispensable to: send the filled Questionnaire, Author’s creative work and the cooperation in between the Contract parties.
  9. The Specific Work is not an organized trip, neither by tour agency nor other tourist operator.
  10. Actual prices are displayed on the Site and are the subject to any change at anytime except from the prices of the Works already ordered.
  11. The Contractor has a right to:
    11.1. Get a remuneration for the Work.
    11.2. Cooperation with the Ordering Party during the lenght of the Contract. Such a cooperation may include but not be limited to the following: providing designs, decisions, approvals or consents, concepts, explanations, objections, etc. within due time.
    11.3. Withdrawal from the Contract in the cases indicated in these Terms.
    11.4. Use the Work as a part of the portfolio and for the marketing purposes.
  12. The Contractor is obliged to:
    12.1. Deliver 3 Travel Drafts within seven (7) days after the payment registration.
    12.2. Travel Plan within twenty-eight (28) days.
    12.3. Cooperate with the Ordering Party and answer his/her message within seven (7) days.
    12.4. Finish the Specific Work in a due time, unless the reasons to withdraw from the Contract apply;
  13. The Ordering Party has a right to:
    13.1. Receive the Specific Work in due time.
    13.2. Complaint within seven (7) days after the date the Specific Work was sent by the Contractor.
    13.3. Withdraw from the Contract.
  14. The Ordering Party is obliged to:
    14.1. Fill out and submit the Questionnaire.
    14.2. Provide the Contractor with the right data, including actual email address.
    14.3. Cooperate with the Contractor and answer to his/her message within seven (7) days.
    14.4. Pay for the Specific Work ordered.
  15. The Ordering Party receives the right to make use of the Specific Work ordered, in the way allowed. Illegal usage will be interpreted as the copyright legal offence and fined 15,000 Euro.
  16. The legal usage means:
    16.1. Personal usage of the Specific Work.
    16.2. Downloading the Specific Work to any electronic device solely by the declared Travel Participants.
  17. The illegal usage includes sharing the Specific Work with an unauthorised people, edition, publishing, redistribution, releasing on the market both the whole Work and its components and using them for any commercial or earning purposes.
  18. The Ordering Party enters into a commitment to use the Specific Work according to the Terms.

VI
Payment

  1. All payments should be processed through the PayPal payment gateway available on the Site.
  2. User Agreement for PayPal Service: https://www.paypal.com/webapps/mpp/ua/useragreement-full?locale.x=en_GB
  3. PayPal User Protection: https://www.paypal.com/gb/webapps/mpp/paypal-safety-and-security
  4. The payment should include the name and surname, email address and payment details such as the appropriate quote in American Dollars.
  5. Upon the payment registration the Contract begins.

VII

Complaint

  1. The Ordering Party has a right to complaint if the Contractor does not comply with the Contract. The User may petition for the complaint up to seven (7) full days after the date when the Work has been sent by the Contractor to the Ordering Party by e-mail.
  2. When no complaints in due time, it is interpreted there were no defects. There is no possibility to accept any complaint afterwards.
  3. The proper way to make a Complaint is to download the Draft of the Letter of Complaint from the Site, fill it, sign it and send it to us within the time indicated.
  4. The Letter of Complaint, if received in the appropriate form and provided that it does not lack any information, is going to be looked into within seven (7) full days after the date when the User got the confirmation of the Letter’s delivery from the part of nomaddict.
  5. The decision will be made and sent to the User within seven (7) days to the indicated e-mail address.
  6. Cash refund should not be expected as the result of the Letter of Complaint.
  7. The Letter of Complaint may only result in an one-time, complementary correction. If the complaint is assumed as reasonable, it will take us seven (7) full days after the date we confirm our familiarization with the Letter to apply the changes.
  8. Along with the decision on applying the correction, the User resigns of any further claims.
  9. The 3 Travel Drafts are not a subject to the Complaint.

VIII

Right to Withdrawal from the Contract

  1. The right to Withdraw from the Contract may be performed in case of:
    1.1. The Contractor does not comply with the Contract or does not honour the deadline for the delivery indicated in the Terms. The Contractor reserves the right to the one-time due date postponing by up to seven (7) days.
    1.2. No cooperation in between the Contract parties, such as notorious lack of the answers to the questions, if the answers are indispensable for the Work creation process. The notorious means: lasting for at least seven (7) days.
    1.3. Inability or lack of the possibility to make use of the Travel Plan ordered due to serious illness, injury and reasons independent of the User, provided that the User is able to confirm them officially.
    1.4. Inability or lack of the possibility to finalize the work performance by the Contractor, strictly and solely in the situation when, the unrealistic requirements of the Ordering Party and the long-lasting and hopeless inability to elaborate the compromise, result in the impossibility to create the result appointed in the Contract. Out of our experience of confronting the reality of travel and, above all, to avoid The User being disappointed, we will not attempt to create the itinerary for anybody if we are not capable or sure it would not suit to his / her needs. Any unrealistic desire we cannot fulfill will result, if there is no consensus for at least fourteen (14) days, in the Withdrawal from the Contract along with a clear explanation.
  2. The Withdrawal from the Contract process begins with “downloading, filling out and sending to us the skan of the signed “Withdrawal from the Contract Form”, available on the Site.
  3. The “Withdrawal from the Contract Form”, if received in the appropriate form and provided that it does not lack any information, is going to be looked into within seven (7) full days after the date when the User has got the confirmation of the form delivery from the part of nomaddict.
  4. The only possible result of the Withdrawal from the Contract is the payment refund.
  5. Upon the refund of the payment disposal made by the Contractor, the Contract comes to the end.
  6. The withdrawal from the Contract is only possible from the moment the Contract comes into force and terminates.

IX

Website Security Measures

  1. Administrators take care of the functionality of the Site and reserve the right to the temporary technical breaks, with and without naming the reason.
  2. Administrators reserve the right to change the Site and its elements every now and then, and inform that during the lapse in operating, the entire functionality or its parts may not work. Administrators may forewarn the Users about the planned breaks on the Site but are not obliged to.
  3. The Site is being secured with:
    3.1 Constantly updated, legal, high-tech software – Windows 10;
    3.2 Legal ESET NOD 32 antivirus software;
    3.3 The SSL certificate – securing credit card transactions, data transfer and logins, protecting the Site from malware and prevents others from injecting advertisements into Users resources and preventing attackers or intrusive companies such as ISPs from tampering with the data sent between the Site and Users’ browsers.
    3.4 Safety plugins such as Akismet, Sucuri Security – Auditing Malware Scanner and Hardening, UpdraftPlus – Backup/Restore, Wordfence Security.

X

Lines of Responsibility

  1. Administrators do not take responsibility for any factors or occurrence what do not fall within the nomaddict’s sphere of competences and capabilities.
  2. We cannot guarantee anything unexpected or unpleasant will happen but do our best to provide the User with warnings and cautions as well as the practical information on security, climate, safety, culture differences and some potential hazards and inconveniences.
  3. In order to lower the probability of an event of some potential hazards and inconveniences, we include numerous options into every Travel Plan, such as: “First-Aid Kit”, “Safety Tips”, “How to Prepare“, “Climate info“, “Customs“, “Introduction to the Country“ and “Cushion Effect“ but we cannot guarantee User’s 100% security.
  4. Nomaddict is not a travel agency. There are no organisers, tour guides or representatives and there are no travel agents. We work as private individuals.
  5. We design the customized 3 Travel Drafts and Travel Plans for independent travellers who travel unassisted. Our work is to inspire and create the exemplary plan which matches, as much as possible, to the User’s capacities and preferences. We are responsible for the content of the suggested, custom itinerary as the authors but not for the realization of the Draft/Plan. The Work is created by its Author as a personalized suggestion, the well-thought recommendation and informative indication and Authors cannot take any responsibility for anything which was not the subject of the Contract.
  6. Nomaddict does not take any responsibility of:
    6.1 Any material or immaterial losses during the travel;
    6.2 Any harm, incident, illness, accident, death, etc. taking place during the travel;
    6.3  Conflicts, natural catastrophe, bad weather, etc. in the time of the travel;
    6.4 Anything happening during the trip,
    6.5 Final cost of the Travel as the budget is estimated.
  7. We suggest the User purchasing trustworthy, well-proven insurance covering all types of activities planned, going to the doctor to do all recommended medical check-ups and asking the doctor for advice on vaccinations and, all potential and typical for the travel destination area, diseases, following the websites of the applicable foreign ministries and reading carefully all the materials included in the Travel Plan.
  8. The User accepts the eventuality in which some information provided on the Site is no longer correct. Nevertheless, we do our best to keep our content up-to-date, both unpaid and paid content are subject to constant change and nomaddict cannot guarantee their validity.
  9. We cannot guarantee that the Draft, Travel Plan or any other content is exhaustive. The Authors create the piece of Work according to their discretion and should not be accused of not incorporating any contents.
  10. The User cannot attribute blame to the Administrators or the Authors, nor saddle it with any responsibility of anything happening during the travel.

XI

Final Provisions 

  1. These Terms come into force upon the notice release day on the Site.
  2. Any changes to the Terms come into force seven (7) days after the date the changes were introduced. Administrator is obliged to inform the Users about any modifications of the Terms, by appropriate information published on the Site.
  3. In the case of any structural, legal shifts in the ownership, the following owner receives all the rights and obligations reserved for the Administrators.
  4. Travel Plans do not include an accommodation or transportation.
  5. As the private individuals, we are not allowed to book any accommodation or transportation. Instead of that, we provide you with recommendation based-on our expertise.
  6. 24h Assistance is a part of the Navigation Travel Plan.
  7. The Travel Plan value depends on the extension chosen as well as on the number of days.