Terms and Conditions

Version 04/03/2024

These Terms and Conditions ("T&C"), together with the Privacy Policy govern the use of the Trace Hunters online platform ("TH Platform"), which can be accessed through the website tracehunters.com and certain mobile apps published by Trace Hunters ("TH Apps"). 

About Us

We, Trace Hunters LLC, ("Trace Hunters" or "we" or "us") are the operator of the TH Platform. Our platform is available worldwide in multiple languages.

We operate the TH Platform as an intermediary platform on which tour and activity providers ("Suppliers") can offer their products and services ("Activities") online. We act as a commercial agent for the Suppliers. The descriptions, photographs, and other content for the Activities originate from the respective Suppliers.

Scope

These T&C apply to all visitors and users of the TH Platform ("Users"). By using the TH Platform, you agree to comply with these T&C. Please read them carefully.

The use of the TH Platform is for your personal, non-commercial use only. Any use that goes beyond your personal use and/or serves commercial purposes is strictly prohibited.

What We Do

Viewing and Booking Activities

You can view and book Activities offered by Suppliers on the TH Platform. The contract for the provision of the Activity ("Service Agreement") is concluded directly between you and the Supplier. We act as a commercial agent for the Suppliers and are authorized to conclude transactions on their behalf.

Customer Service

You may direct questions about your booking to the Trace Hunters customer service. We usually respond within 24-48 hours. In case of emergency, contact details of the Supplier can be found on your voucher/ticket.

Restriction of Access

We reserve the right to restrict your access to the TH Platform in case of suspected fraud, violation of these T&C, or violation of the Service Agreement.

Registration and TH Account

Registration is required to use all features of the TH Platform. To create an account ("TH Account"), enter your full legal name and email address in the registration form and set a password. You may only create one TH Account and cannot transfer it to anyone else.

TH Apps

We grant you a limited license to download, install and use the TH Apps for your personal, non-commercial use, in accordance with the restrictions set forth in this T&C. You may not copy, modify, distribute or reverse-engineer the TH Apps.

Reviews and User Content

Posting Reviews and Content

You can write reviews of Activities and post pictures ("User Content") on the TH Platform. You are fully responsible for the User Content you post. It is strictly forbidden to post User Content that:

  • Is untrue, misleading or created in return for remuneration
  • Violates intellectual property, privacy or other rights 
  • Contains illegal content or depictions

You must ensure you have the necessary rights for any images you upload. Images of other people may only be uploaded with their consent.

Rights to User Content

You retain ownership of your User Content. You grant Trace Hunters a non-exclusive, sublicensable, worldwide license to use, reproduce, modify, distribute and display the User Content.

We may remove User Content at our sole discretion if it violates our obligations. We are not obligated to keep copies of User Content.

Data Protection

All personal data collected through the TH Platform is processed by Trace Hunters in accordance with our Privacy Policy. Trace Hunters shares your data with Suppliers to the extent necessary for the performance of the Service Agreement. Suppliers are independent data controllers of your data.

Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TH PLATFORM AND ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRACE HUNTERS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

IN NO EVENT SHALL TRACE HUNTERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE TH PLATFORM OR WITH THE DELAY OR INABILITY TO USE THE TH PLATFORM. IN NO EVENT SHALL TRACE HUNTERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO TRACE HUNTERS, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY.

TRACE HUNTERS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

Indemnification

You agree to defend and indemnify Trace Hunters from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses, including reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this T&C
  • Your violation of any law or the rights of a third party
  • Your use of the TH Platform

Modifications

We may modify these T&C at any time. If we make material changes, we will notify you by email or by posting a notice on the TH Platform. Your continued use of the TH Platform after changes have been posted constitutes your acceptance of the changes. 

The TH Platform may contain links to third-party websites or services. We do not endorse nor are responsible for the availability or content of such sites or services. Your use of third-party sites is at your own risk and subject to their terms and conditions.

Termination

We may terminate your access to the TH Platform at any time, for any reason, without notice. We may also terminate or suspend your access for inactivity, which is defined as failing to log into your TH Account for more than 12 months. Upon termination, your right to use the TH Platform immediately ceases.

Governing Law and Jurisdiction

These T&C are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Boston, Massachusetts for any disputes relating to these T&C or your use of the TH Platform. 

Contact Us

If you have any questions about these T&C, please contact our Terms Agent at:

Trace Hunters LLC Email: [email protected]