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, “Curiously Global”) is the company operating and responsible for the website https://curiouslyglobal.com/ (hereinafter, the site) which, in accordance with the Privacy and Cookie Policies, forms a contract between CURIOUSLY GLOBAL and the client and/or user (hereinafter, the “User”).
CURIOUSLY GLOBAL is a company that offers educational author travel programs, tourist experiences and educational and informative content to users.
User is an independent natural or legal person and is not an employee, agent, or partner of CURIOUSLY GLOBAL.
This document contains the terms and conditions 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 making a reservation on any of the Services published on the site or registering for the same, the User accepts the Terms and Conditions and, therefore, agrees to comply with their conditions.
In accordance with the above, before performing any action on the site, you should carefully read all the Terms and Conditions, as well as the Privacy and Cookies Policies, and if you do not agree, you should refrain from continuing to use the site and/or contract with CURIOUSLY GLOBAL. 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 Site 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 make up the European Union, Exhibit 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), Schedule B of these Terms and Conditions shall apply in addition. Exhibit B contains a mandatory and binding individual arbitration clause, which means that the User agrees to submit most disputes relating to the Site, CURIOUSLY GLOBAL’s services or these Terms and Conditions to binding arbitration and not to sue CURIOUSLY GLOBAL in court. The User may only opt out of arbitration by following the procedure in Exhibit B. Exhibit 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, Code of Consumer Protection and Defense and these Terms and Conditions.
Annexes A and B are indicated in paragraph 19 of these Terms and Conditions.
3. Modification of the Terms and Conditions
CURIOUSLY GLOBAL 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 the right to modify them at CURIOUSLY GLOBAL’s sole discretion to adapt them to industry practices or operational convenience. CURIOUSLY GLOBAL is entitled to modify, amend or suspend, temporarily or permanently, the services provided through the site, as well as the contents, descriptions and explanations of the site, with the prior acceptance of the User.
When changes are made, CURIOUSLY GLOBAL will inform the User through its website https://curiouslyglobal.com/, as well as the date from which such changes will take effect.
The User understands and agrees that the continued use of the Services or the site after changes have been made to it, constitutes an express acceptance of such modifications.
The CURIOUSLY GLOBAL site and services are intended for Users who are eighteen (18) years of age or older (“Eligible Persons”).
By using the site, the User declares that he/she meets the requirement described in the immediately preceding paragraph and agrees to comply with all the Terms and Conditions set forth herein. The use or access to the Site by any person who does not comply with such requirements is not authorized and is a violation of the Terms and Conditions, and CURIOUSLY GLOBAL may take actions or sanctions according to each case.
5. User’s obligations regarding the use of the site
The User undertakes to refrain at all times from interfering or attempting to interfere with the normal operation and functioning of the Site, 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, CURIOUSLY GLOBAL is entitled to provide, upon request of any legitimate authority (courts, administrative authorities and police forces), any information that allows or facilitates the identification of the infringer.
In general, the User agrees, including but not limited to:
- Not to use the site for illicit purposes
- Not to infringe intellectual property rights, especially on the distinctive signs and images of which CURIOUSLY GLOBAL is the owner, or the regulatory standards relating to the protection of personal data;
- Not to alter or modify the site by circumventing, disabling or otherwise manipulating the functions of the site;
- 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 site;
- Not to host, store, disclose, 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;
- Not to host, store, disclose, publish, distribute or share any material or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;
- 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;
- Not to send mass and/or repetitive e-mails to a plurality of persons, nor to send e-mail addresses of third parties without their consent, and
- Not to use the site for the publication of offers for the sale or rental of products and/or services of third parties.
6. Services: “CURIOUSLY GLOBAL Author Trips”.
CURIOUSLY GLOBAL is a company that offers educational author trips, educational content and tourism experiences, the latter through its CURIOS platform. Details of the educational author trips can be found on the site: https://curiouslyglobal.com/
CURIOUSLY GLOBAL sells only group author trips with departure dates to be coordinated with each group. To confirm participation in the educational trip, users must pay 10% of the total price and reserve their date at least 6 months in advance.
Three months before the date of the trip, the remaining balance must be paid.
Users are responsible for correctly providing their e-mail and contact telephone numbers. In case the Users do not receive the confirmation e-mail, they should contact CURIOUSLY GLOBAL through the following e-mail: firstname.lastname@example.org
7.1 Additional considerations
For a private group booking, the User must send an e-mail to email@example.com . The company will send you a quote for the number of people in your group.
8. Cancellation, rescheduling and/or refund policies
If the User cancels their trip between 180 and 60 days prior to the start date:
-Curiously Global will retain the 10% deposit. Curiously Global will retain the payment for a future trip (to be used within one year from the date of cancellation).
If the user cancels between 59 and 46 days prior to the start date: Curiously Global will charge a service fee of 40% of the trip value and remit the remaining balance minus transaction fees.
If the user cancels between 45 and 21 days prior to the start date: Curiously Global will charge a service fee of 80% of the trip value and will remit the remaining balance minus transaction fees.
If the user cancels between 20 days and less than the start date: Curiously Global will charge a service fee of 100% of the trip value.
9. Trademarks, Copyrights and Intellectual Property Rights
All software used on the site, as well as all content included in it without limitation of the design, texts, 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 CURIOUSLY GLOBAL, who holds the exploitation rights. In this sense, they constitute works protected by copyright and intellectual property regulations, and are also subject to the international treaties signed in this field.
CURIOUSLY GLOBAL does not grant any license or authorization to use its industrial and intellectual property rights, copyrights, trademarks or any other property or right related to the site.
10.1 About the Site and the Terms and Conditions
The User agrees to indemnify and hold harmless CURIOUSLY GLOBAL and each of its directors, officers, agents, contractors, partners and employees, against any 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 Site, in accordance with the provisions of Section 5 herein; 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 Site is at the User’s own risk, releasing CURIOUSLY GLOBAL from all liability, including, without limitation, damages, unpaid debts, direct or indirect losses or expenses, arising in connection with the Site or its use, or impossibility of use by Users, or in connection with any failure in 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 CURIOUSLY GLOBAL and/or our staff in general shall be limited to the actual cost of the omitted services and excludes all resulting indirect consequences or costs.
In such an eventual case, CURIOUSLY GLOBAL will use its best efforts to provide alternative arrangements of equal or lesser value, subject to availability.
In the event CURIOUSLY GLOBAL ceases to operate due to internal labor reasons, force majeure or other reasons, or in the event CURIOUSLY GLOBAL becomes financially insolvent, with the formalities required by the relevant Peruvian legislation, the refund of the service not provided shall be made, within the aforementioned procedures and within the time limits established by the Peruvian authorities, for each specific case.
The User agrees that CURIOUSLY GLOBAL has neither obligation 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 means of accommodation. All these Services operate under the laws of the country, subject to the regulations provided by the relevant authorities.
11. Availability of the Site
The User acknowledges that the Site and the Service may be temporarily unavailable for maintenance or other reasons. CURIOUSLY GLOBAL assumes no liability 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, the User’s communications, which respect to causes not attributable to CURIOUSLY GLOBAL.
In this regard, CURIOUSLY GLOBAL 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 site 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 site or in connection with the service, arising out of case situations or situations of a personal nature, including, but not limited to, any damage to the User’s computer or to any other person’s computer related to or resulting from the use of the site or in connection with the service.
12. Technical Requirements
Users are responsible for having a smart phone, computer or any device with internet connection that meets the characteristics and technical requirements to access and use the site, including internet connection.
The User agrees not to modify, reproduce, copy, reverse engineer, redesign, decompile, adapt, translate, make developments derived from CURIOUSLY GLOBAL or use it to develop any software or any other kind of material. You also agree to use CURIOUSLY GLOBAL only in the manner permitted herein.
The User acknowledges and agrees that any questions, comments, suggestions, ideas, opinions or any other information on the site are non-confidential and shall become the sole property of CURIOUSLY GLOBAL. CURIOUSLY GLOBAL 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 acknowledgement or compensation to You.
CURIOUSLY GLOBAL will send notices or communications to Users to the email address provided by them in the contact form on our Website, while notices or communications that Users wish to send to CURIOUSLY GLOBAL should be sent to CURIOUSLY GLOBAL’s email address: firstname.lastname@example.org.
15. Validity of the Terms and Conditions
The Terms and Conditions shall come into full force and effect for each User as of the date of contracting the services of CURIOUSLY GLOBAL (reservation), and shall remain in force, including their modifications, until the services cease or a reason occurs that determines their termination in accordance with the Terms and Conditions.
16. Dispute Resolution
CURIOUSLY GLOBAL and the Users agree that in the event of any doubt or dispute regarding 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 domiciles those appearing in the registration forms, where any judicial or extrajudicial communications and notifications that may be necessary will be sent.
17. Final Considerations
CURIOUSLY GLOBAL does not guarantee the veracity of any User content or third party content. Although CURIOUSLY GLOBAL provides rules for User conduct and postings, CURIOUSLY GLOBAL does not control and is not responsible for what Users post on the Site and is not responsible for any offensive, inappropriate, obscene, illegal or objectionable content you may encounter on the Site or in connection with any User content or third party content. CURIOUSLY GLOBAL is not responsible for the conduct of any User of the Site or the Service. CURIOUSLY GLOBAL cannot guarantee and does not promise any specific results from use of the Site or the Service.
CURIOUSLY GLOBAL may apply penalties to Users who violate the provisions herein, and CURIOUSLY GLOBAL shall have sole discretion as to what penalty to apply.
If you have any questions, complaints, comments or suggestions regarding these Terms and Conditions, please contact us at email@example.com.
Clauses applicable only to Users residing in the European Union:
A1 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 CURIOUSLY GLOBAL are governed by Peruvian law.
A2.1 Except as otherwise provided in section A2.2, CURIOUSLY GLOBAL’s maximum liability which arises out of or in connection with the performance of its contractual obligations to the User is limited to reasonably foreseeable loss or damage resulting from CURIOUSLY GLOBAL’s 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. Losses or damages are generally foreseeable if they were normally foreseeable at the time of acceptance of these Terms and Conditions. CURIOUSLY GLOBAL and its agents’ liability for damages caused by the 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 CURIOUSLY GLOBAL or its representatives or vicarious agents for gross negligence, intentional bodily injury (including death), personal injury or fraud. Any other legal rights recognized as a consumer – according to Peruvian law – shall also remain unaffected.
A2.3 The above limitations of liability do not apply if CURIOUSLY GLOBAL fraudulently conceals a circumstance related to the standard of the site or assumes the warranty of a specific functionality.
A2.4 In addition to the provisions of 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 site), 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.
A3.1 Indemnification for damages within the meaning of Clause 10.1
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 it acted intentionally or negligently and such misconduct led directly to the events or violations described above.
A4 Right of withdrawal
The User is a consumer (i.e. a natural person acting for a purpose 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 supply 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 CURIOUSLY GLOBAL. In order to exercise the right of withdrawal, the User must inform firstname.lastname@example.org indicating his 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 its right of withdrawal within the required time limit, the User need only send the communication concerning the exercise of the right of withdrawal before the end of this time limit.
A4.2.2 Effects of cancellation
If the User withdraws from the contract, CURIOUSLY GLOBAL shall 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 contract. CURIOUSLY GLOBAL will carry out the reimbursement 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 consequence of such reimbursement.
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/her withdrawal quickly and efficiently through the site, if he/she fills in and sends the form to: Cancel booking. If you use the model withdrawal form that CURIOUSLY GLOBAL will provide you with below, CURIOUSLY GLOBAL would be grateful if you would also indicate your booking code. This facilitates the work of linking the requested cancellation with the booking.
A4.2.3 Model withdrawal form
(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),
Provisions applicable only to U.S. residents.
B1 Exclusion of Warranties
To the fullest extent permitted by applicable law and except as otherwise expressly set forth herein, we make no warranties, express or implied, statutory or otherwise, with respect to the activities and services contemplated herein, including any implied warranty of merchantability or fitness for a particular purpose and any implied warranty arising from course of dealing, course of performance or trade usage. the site is provided “as is,” without warranty of any kind, either express or implied. We do not warrant that (i) the site will meet all of your requirements or that the operation of the site will be uninterrupted, virus-free, secure or error-free, or (ii) that the content of the site 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 the data provided by the User.
B2 Liability related to the Services
B2.1 Incidents involving injury. All Users must have travel insurance prior to the commencement of the Trip.
B2.2 Release. The User, on behalf of itself and its fellow travelers, releases CURIOUSLY GLOBAL from any and all claims, demands, causes of action, obligations, damages and liabilities, costs and expenses (including, without limitation, attorney’s fees), whether known, suspected or claimed, related to any incident it has suffered, suffers or may suffer in the future.
B2.3 Unknown Claims. California Civil Code Section 1542 provides, “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in its favor at the time of executing the release and which, had it known of them, would have materially affected its settlement with the debtor or the released party.” The User agrees to have read and understood this statement. User specifically and expressly waives any and all rights it may have under California Civil Code section 1542 (or any similar law) as it relates to the release of this section. User acknowledges and agrees that this waiver is an essential and material term of these Terms and Conditions.
B2.4 Covenant. User covenants not to bring, prosecute, or cause, permit or advise to be brought or prosecuted against CURIOUSLY GLOBAL or all CURIOUSLY GLOBAL Third Parties comprising it, any action at law or in equity, or other proceedings (including arbitration), based on any Incident of Injury. If any such prohibited action or proceeding is commenced, these Terms may be asserted as a full and complete defense thereto.
B2.5 Third Party Beneficiaries. CURIOUSLY GLOBAL’s Third Parties are expressly named as third party beneficiaries of this Section B2. Each of CURIOUSLY GLOBAL’s Third Parties is entitled to enforce this Section B2 against User with respect to their respective rights as third party beneficiaries.
B3 Limitations of Liability.
B3.1 Waivers. To the maximum extent permitted by applicable law, CURIOUSLY GLOBAL shall not be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including damages for loss of data, loss of profits, loss of revenue or costs of procurement of substitute goods or services, however caused and under any theory of liability, including contract or tort (including product liability, strict liability and negligence), and regardless of whether we were or should have been aware or advised of the possibility of such damages and notwithstanding the failure of the essential purpose of any remedy set forth herein.
B3.2 Maximum. To the extent permitted by applicable law, if CURIOUSLY GLOBAL is liable for any loss or damage arising out of or in connection with these Terms (including use of CURIOUSLY GLOBAL’s services, participation (or non-participation) in an activity or an injury incident), CURIOUSLY GLOBAL’s liability shall in no event exceed, in the aggregate, the greater of: (a) the amount paid to CURIOUSLY GLOBAL in connection with the activity giving rise to the claim (if applicable), or (b) two hundred dollars ($200.00 USD).
B3.3 Allocation of Risk. The parties acknowledge and agree that the provisions of this Section B3 represent a reasonable allocation of risk and that CURIOUSLY GLOBAL would not enter into an agreement in the absence of such provisions. In no event shall we be liable to User for acts or omissions of any supplier.
The User should carefully read section B4, as it may affect the User’s rights. This section provides for the resolution of most disputes by arbitration rather than lawsuits. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator rather than 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 User’s account on the Site.
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 Site, CURIOUSLY GLOBAL’s services and the relationship between User and CURIOUSLY GLOBAL (or CURIOUSLY GLOBAL or subsidiary companies, parents or affiliates), whether based on 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 shall 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, User may opt out of binding arbitration by following the opt-out procedure described herein and sending us written notice prior to the opt-out deadline. The waiver notice must be postmarked no later than 30 calendar days after the earlier of (i) the date you first used the Site, (ii) the date you first used our Services, or (iii) the date of your first transaction with us (“Waiver Deadline”).
Written notice must be sent to the following e-mail address: email@example.com.
B4.3 Law Applicable to this clause. The parties agree that these Terms and Conditions evidence a transaction in interstate commerce and this arbitration provision shall be construed and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and shall not be governed by state law.
B4.4 Excluded Claims. The following claims are not subject to binding arbitration and may be subject to litigation 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 copyright, trademark, trade secret, patent 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 commission of a crime, hacking or cyber-attack); or (iii) a request for public injunctive relief, where such relief is permitted and waiver of such relief is not permitted under applicable law. In addition, any of us may bring a claim in small claims court, if the claim is eligible to be heard by such court, subject to the limitations specified in Section B5.
B4.5 Arbitration Process. For all disputes, whether brought in court or submitted to arbitration, User must send CURIOUSLY GLOBAL a written description via a form available at Contact Us ⎸CURIOUSLY GLOBAL of its claim to give us the opportunity to resolve the dispute. You may request arbitration if your claim or dispute is not resolved within 60 days of receipt of the claim by CURIOUSLY GLOBAL. The arbitration of any dispute or claim shall be conducted (i) before a neutral arbitrator, (ii) in English, (iii) under the Rules of Arbitration 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”) (in the event of inconsistency, the IBA Rules shall prevail, but only with respect to the taking of evidence). Neither party is authorized to make any request pursuant to 28 U.S.C. § 1782. The arbitrator shall have the authority to award only such damages as are permitted by these Terms and Conditions, without prejudice to any waiver or limitation of damages and liability set forth in these Terms and Conditions. The award rendered by the arbitrator shall include the costs of arbitration, reasonable attorneys’ fees, and reasonable costs of 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 to the extent required by law or for purposes of enforcement of the arbitration award. Any court of competent jurisdiction may enter judgment on any arbitration award. For claims under $25,000, the arbitration shall not involve any personal appearance by the parties or witnesses, but shall be conducted on the basis of written submissions only, unless you request an in-person or telephonic hearing, or the arbitrator determines that an in-person or telephonic appearance is necessary. Telephone hearings will be preferred unless the arbitrator determines that a party’s right to a fundamentally fair hearing would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be held in New York, New York, unless otherwise ordered by the arbitrator.
B4.6 Class Action Waiver. User and CURIOUSLY GLOBAL agree that any proceeding, whether in arbitration or in court, shall be conducted solely on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines that this class action waiver is unenforceable, this Section B4 shall not apply to User. If User elects not to participate in binding arbitration pursuant to Section B4.2, this class action waiver will not apply to User. Neither User nor any other consumer may be a representative or member of a class action or otherwise participate in a class, consolidated or representative proceeding without having opted out of binding arbitration pursuant to Section B4.2.
If any provision of this arbitration agreement is held to be unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall apply.
B5 Applicable law
Except as specified in Section B4.3, this Schedule B of the Terms and Conditions is governed by the laws of the State of New York, without regard to its conflict of law rules.
Any legal suit, action or proceeding arising out of or relating to these Terms and Conditions or our services (including (i) any proceeding brought by a User who has elected binding arbitration pursuant to 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 attempt to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
B7 Waiver of Jury Trial
If for any reason a claim proceeds in court rather than through arbitration, both User and CURIOUSLY GLOBAL waive any right to a jury trial.
THE USER DECLARES TO HAVE READ AND UNDERSTOOD ALL THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND CONDITIONS AND PRIVACY POLICIES, AND STATES HIS ACCEPTANCE AND ACCEPTANCE AT THE TIME OF REGISTERING HIS OR HER RESERVATION ON THE SITE. ANY PERSON WHO DOES NOT ACCEPT OR DISAGREES WITH THESE GENERAL TERMS AND CONDITIONS, WHICH ARE OF A MANDATORY AND BINDING NATURE, MUST REFRAIN FROM USING THE SITE.