Terms and Conditions For Recruiters

ExplorAll UG (HAFTUNGSBESCHRÄNKT) & Co. KG (“ExplorAll”) provides These Terms and Conditions (“Terms”) which will explain the rules and conditions for using www.explorall.com (“Website”). These Terms are divided into multiple parts in order to cover all groups, individuals or companies (“visitors”) separately. Visitors include the following categories;

  1. Any individual or group of individuals that initiated a booking process and shared personal data with ExplorAll (“Customer”)
  2. Any registered company or individual that uses the website to market activities and services (“Organizer”)
  3. Any registered individual that commences in promoting ExplorAll and receiving commissions on a freelance basis (“Recruiter”)

Introduction

ExplorAll is the facilitating party to agreements between customers and organizers of Leisure Activities (“Listings”) offered on the website. It will not be allowed to use our website for any other purpose as mentioned in these terms. Any listings for Tangible products, Logistics or Accommodations will be removed from the website.

By using our website, the visitors are automatically expected to have read these Terms and agree to follow the rules set in this document. These terms are written in English and all users are expected to have understood these terms in this language. If, for any reason, you do not agree or understand these terms then you are expected to leave this website immediately. These terms apply in its totality to all parts of the website and to the actions and services (“Services”) of ExplorAll. Any exemption should be requested in writing and is only valid with all necessary signatures of the owners of ExplorAll.

ExplorAll does not condone any unregistered links to and from our website. Links to our website are not permitted unless a written agreement has been reached with this third party. We are not responsible for any unauthorized references to our service and request that such connections to ExplorAll will be broken, failure to do so might result in legal consequences or full exclusion from the services of ExplorAll.

All visitors of our website are strictly forbidden to post any personal telephone numbers, email address, links to their own websites or links of any other sort, except for when this is explicitly requested by ExplorAll. It is also forbidden to use Robots or other automated means to access the website, unless specifically permitted by ExplorAll.

About us

We are intermediaries only

Neither the owners or management team (“Owners”) of the website, nor any individual employee, can be held responsible for any wrongdoing flowing from the facilitated transactions between the customers and the organizers. When any dispute is mentioned to us, then we will try to negotiate a satisfying solution for the aforementioned two parties, but we do not guarantee any solution nor any compensation.

No responsibility for website quality

Neither the owners of the website, nor any individual employee, are responsible for the quality of the content shown on our website. We will try, to the best of our abilities, to ensure that the website is accessible and all content is shown as it was intended to be, but if the website is temporarily inaccessible, in part or as a whole, then we are not responsible for any resulting damages.

We are no insurer or contracting agent

We will not be held responsible for any damages resulting from the listings booked through our website. We are no party to any contract or booking facilitated through our website and can therefore not be held responsible for misconduct, of any kind, of either the customers or the organizers.

Our responsibilities

THE WEBSITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH ORGANIZERS MAY CREATE LISTINGS FOR LEISURE ACTIVITIES AND CUSTOMERS MAY LEARN ABOUT AND BOOK THE LEISURE ACTIVITIES DIRECTLY WITH THE ORGANIZERS. YOU UNDERSTAND AND AGREE THAT EXPLORALL IS NOT A PARTY TO ANY AGREEMENTS BETWEEN CUSTOMERS AND ORGANIZERS, NOR IS EXPLORALL A TRAVEL BROKER, AGENT OR INSURER. EXPLORALL HAS NO CONTROL OVER THE CONDUCT OF ORGANIZERS, CUSTOMERS AND OTHER USERS OF THE WEBSITE, APPLICATION AND SERVICES OR ANY ACTIVITY, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Applicable law and competent judge

The legal relationship between the parties, including, but not limited to, the parties in these Terms and Conditions, is governed by the Dutch law. The place of the competent jurisdiction is Amsterdam, the Netherlands. All parties to any contract or transaction, facilitated by ExplorAll, agree that they accept the applicability of Dutch law at any time.

Modification right of Terms

ExplorAll reserves the right to make adjustments to these terms at any time. When adjustments have been made then the new terms will go into effect immediately. We will notify the visitors of our website on the homepage and everybody is expected to read these terms. Any further usage of our website or services will automatically expect the visitors to have read and agreed to these new terms.

Failure means exclusion and potential legal consequences

Any failure to comply with these terms will result in immediate termination of all services to this individual or organization. Any damages resulting from the failure to comply with these term will be the direct responsibility of the violating party and, where legally permitted, will result in legal consequences.

Free use for basic functions

Some parts of our website are freely accessible to all visitors. ExplorAll does not charge any fees for the freely accessible parts of our website. All Visitors are explicitly forbidden to download, copy, reproduce, broadcast, transmit or print any visuals or texts for commercial use. Such usage is only permitted after receiving written permission from ExplorAll

Liability;

You, the visitor, users or any other person, company or otherwise legal entity, will not hold ExplorAll or any of its subsidiaries or partners, nor the owners or any of its employees, in any way responsible for any expected or unexpected damages to, or by, the actions performed and facilitated on this website. All aspects of this website, including, but not limited to, the content, security and hyperlinks are to be used at your own risk. ExplorAll reserves the right to make adjustments to these terms at their own discretion, we will not be held responsible to inform you of any changes.

Any damages resulting directly from any action or failure of ExplorAll itself will be liable limited to the monetary amount paid to ExplorAll, in the form of intermediary fees, before the damaging act. ExplorAll will not, at any time, be liable for higher amount as the intermediary fees related to a booking and will at no time be liable for the damages or costs resulting from the activities or services listed on our website.

ExplorAll is not responsible for any late cancellation or no show in any case and for any reason. This includes, but is not limited to, sickness, labor disputes, government restraints, acts of war or terrorism, weather conditions, transportation delays or any miscommunications of any sort.

Your registration or use:

Any visitor of the website, requested to create a personal or company profile (“Profile”), is, in any instant, solely responsible for the accuracy as well as the protection of the information related to the profile. This includes, but is not limited to, passwords, login names, banking details, email addresses and personal data.

We will ask for some personal details, which will help us secure both our services as well as your future earnings. Your profile must be created with your real name and accurate information. Any misleading or inaccurate profiles can result in exclusion of the ExplorAll services as well as legal consequences where law permits.

All visitors of the website agree not to use this website for any other purpose as it was created for. This includes, but is not limited to, threatening, stalking, or harassing other visitors, transmitting spam, spreading viruses, Trojans, spam, pyramid schemes, pornography or any form of discrimination.

General Terms

Operational liabilities;

Anybody who decides to take upon themselves the challenge of promoting ExplorAll does so on their own free will and are not, in any way possible, employed by or representing ExplorAll, or any of its subsidiaries, including all owners and employees. ExplorAll will pay commissions on booking of activities, as described in the "Learn More" section of this website for successful promotion of our services. ExplorAll hereby reserves the right to make adjustments to these commissions as they deem necessary. Further use of this website will automatically mean acceptance of these changes, already existing commissionable actions will not be affected by these changes.

Backpacking recruiters do not have the ability, in any way possible, to claim any benefits from their freelance promotional work except for the commissions discussed in the “learn more” page of this website. The backpacking recruiter is therefore not obligated to perform any duties for ExplorAll. There is no set minimum requirement for the amount of promotions executed per month nor does ExplorAll engage in instructing the participants in how they should promote us. Any form of slanting or action which can cause damage to the reputation of ExplorAll will be punished by exclusion from our community and any outstanding balances will be claimed by ExplorAll in case the damages result in actual costs.

The Backpacking Recruiter initiative is for personal use only. It is strictly forbidden to commence in any form of commercial use of this initiative. We reserve the right to close your account if any suspicion is raised the profile is used for such purposes.

Subject to approval

Your use of the services of ExplorAll is subject to our approval of a profile. We have the right to refuse or limit your access to this profile. By submitting any request on the website, you represent that you are at least 18 years of age. You may only have one profile and al data related to this profile is expected to be accurate. It is not allowed to create a profile under an alias.

Commissions and Earnings:

Recognition of earnings

You as a recruiter, will receive a Commission payment, related to the bookings and successful consumption of Activities, listed on the ExplorAll website, linked to your account. In each case the Commission is determined by ExplorAll and payments will be calculated solely based on our accounting records.

The commissions are credited to your outstanding Earnings the day after the commissionable action has been delivered by the organizers and the full payment of the commissionable service is completed. Any cancelled, not consumed or unpaid transaction, including the "no show" transactions, will be deducted from your outstanding Earnings and no claim can be made by the recruiters to these commissions.

Payment of Commissions;

Commissions on promotions by our recruiters are eligible for withdraw when the amount exceeds 25 USD on request of the account owner by submitting the online payment request form available on the personal profile dashboard. Any outstanding earnings exceeding 250 USD will be paid automatically.

Profile Activity;

Any profile which is inactive for a consecutive term of 6 months will be placed on inactive unless specific requests regarding inactivity was received by ExplorAll before the end of this term. Any outstanding Earnings will be paid out immediately. Commissions on activities generated after the profile was placed on inactive will not be paid unless the account has been reactivated before this listing was booked.

Banking Details;

To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your profile. Commissions can only be paid to recruiters with correct and current PayPal details. Payments will only be transferred to PayPal accounts and any transfer costs charged by PayPal will be at the expense of the recruiter. For current transfer rates we advise you to regularly view the details on www.PayPal.com.

Illegal Activities;

Any promotion by the recruiter, which is illegal or otherwise fraudulent in either The Netherlands, or the country where the promoted activity takes place, will be reported to the appropriate authorities and any requests by these authorities concerning such transactions, when proven to have merit, will be accommodated by ExplorAll including, but not limited to, personal data and historical transaction data.

Payment dates;

Except in the event of termination, we will pay you by the end of the calendar month in which the earned balance in your Account equals or exceeds the applicable payment threshold. In case a complete and correct payment request is received by ExplorAll through the online payment request form provided on your profile, then the payment will be processed within 1 weeks of receipt of this request.

Third party agreements;

Unless expressly authorized in writing by ExplorAll, you may not enter into any type of arrangement with a third party, where that third party receives payments made to you, under the Agreement or other financial benefit in relation to the Services.

Overpaid balances;

You are required to refund us within 30 days of payment, in case we notify you about any amounts we may have overpaid to you in prior periods. Failure to do so will result in a reduction of outstanding earnings as well as possible exclusion of the recruiter benefits.

Payment dispute;

If you dispute any payment made or withheld relating to the commissions linked to your profile, you must notify ExplorAll UG (HAFTUNGSBESCHRÄNKT) & Co. KG in writing within 30 days of any such payment.  If you do not, any claim relating to the disputed payment is waived.

Taxes;

It is your own liability to take care for any taxes which you, as Recruiter, may be obliged to declare and pay in your home country. The commission may not be increased by any such tax. We will only credit German VAT on top of the commission if you provide us with a German tax number or VAT ID and a confirmation that you are established / resident in Germany. ExplorAll is not, in any way, legally or morally responsible for any kind of tax fraud by our freelance promotion force.

Disclaimer

ExplorAll does not provide liability insurance for the protection of individuals, groups, organizers, businesses, spectators, or any other who may visit, list, participates or in any way uses the services, website or information provided by ExplorAll. In consideration for your participation in the usage of all the aforementioned examples, the individual, group, organization, business, spectator or other, does release and forever discharge ExplorAll, and its officers, board, employees or partners, jointly and severally from any and all actions, causes of action, claims and demands for, upon or by any reason of any damage, loss or injury, which may be the result from using any service of ExplorAll.

This disclaimer extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected damages, injuries, losses and liabilities and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any local or international law shall not extend to claims, demands injuries or damages which are known or unknown at this time, to the person using the services of ExplorAll, are hereby waived at the moment the aforementioned participants use any of the services of ExplorAll.

Ownership

Own Trademarks

All visuals and material on the ExplorAll website are owned by ExplorAll. This includes, but is not limited to, pictures, logos, designs and videos. Any illegal usage of any of the material shown on the website will be dealt with accordingly. When third parties wish to use any of the trademarked items then they will have to apply for usage in writing.

Copy Rights

All texts, including, but not limited to, reviews and testimonials, posted on the website are owned by ExplorAll. Any illegal usage of any of the texts shown on the website will be dealt with accordingly. When third parties wish to use any of the copyrighted items then they will have to apply for usage in writing.

Waiver of rights

Please note that if your ExplorAll profile is cancelled, we do not have an obligation to return to you any content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback

Limitation of liability

Any damages resulting directly from any action or failure of ExplorAll itself will be liable limited to the monetary amount paid before the damaging act. ExplorAll will not, at any time, be liable for a higher amount as the intermediary fee related to a booking and will at no time be liable for that damages or costs resulting from the Leisure Activities listed on our website.

Reporting misconduct

Any misconduct, related to any part of the services and/or website of ExplorAll, can be reported to us directly through the contact form provided on our website. Any violation of our terms, illegal activity or other damaging activity will be investigated to the fullest capability of ExplorAll and its owners regardless of what conduct is reported. When any laws are broken then ExplorAll will share any information related to these activities with the local authorities and the party which has been damaged.

Data Protection

All data provided to create a profile, shown on the website or stored related to any other purpose will be protected to the best of our abilities. Data will not be sold to third parties and will only be used for the purpose of optimizing the services of ExplorAll. Any loss or theft of data will be investigated to the fullest extend but ExplorAll is not liable or any damages resulting from such loss or theft in Data. All data provided to ExplorAll has been done so voluntarily and the provider is responsible for the validity and ownership of this data. ExplorAll will not be liable for any trademark infringements or other illegal usage of data by its users. When a third party has a valid claim that one of the users of our services has been violating the law, then ExplorAll will share contact information of the violating party to both the local authorities as well as the third party.

Miscellaneous;

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language) or shall be sent to you upon your written request.