TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of services/activities/programs of ArcticTerns Foundation (the “Activity”). 

By using the Activity, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property

All content published and made available on our site is the property of ArcticTerns  Foundation and the site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our site.

All photo’s, video, and sound recordings acquired during the Activity are the property of ArcticTerns Foundation. The participant gives ArcticTerns Foundation the rights to use them for commercial purposes, unless explicitly mentioned otherwise.

Participant obligations

  • Participants to the Activity will have to comply with the regulations and instructions of ArcticTerns Foundation and any third parties associated with our program.
  • Parents should only let their children participate in activities if they can meet the specific activity’s requirements, as stated in the program and sign up form.
  • In case of special medical, dietary, psychological, care, or other special needs of a child, the parents are required to alert us and be held responsible and expected to accompany the child to assist their special needs.
  • Parents should be always available and pick up the child at our request.
  • Every participant should have a medical and sports insurance that covers the participated Activity with sufficient coverage.
  • No drugs are allowed during participation of the Activity.
  • No alcohol is allowed under the age of 18 during participation of the Activity.
  • Participants are expected to inform themselves of current Covid restrictions and follow them.
  • ArcticTerns Foundation is not responsible for any damage caused by the neglectance of Covid restrictions by a participant.
  • ArcticTerns Foundations is not responsible in case of a Covid outbreak or spread during the Activity.

Performance of Activity

These Terms and Conditions apply to the Activity. All information, descriptions, or images that we provide about the Activity are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of the Activity.

We reserve the right to modify, reject or cancel the Activity or your participation whenever it becomes necessary. In case of cancellation, we will not be obliged to compensate you in any way. We are not liable for any damage caused by the cancellation. Once registration is completed any cancellations that are made by the participant for whatever reason will not be compensated.

Third Party Goods and Services

ArcticTerns Foundation may offer services from third parties. We cannot guarantee the quality or accuracy of services offered by third parties.

ArcticTerns Foundation and our founders, chairman, board members, employees, volunteers, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the services of third parties.

Donations

All payments made to ArcticTerns Foundation are considered to be donations to the foundations.

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Consumer Protection Law

Where any consumer protection legislation applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

ArcticTerns Foundation and our founders, chairman, board members, employees, volunteers, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Activity.

We are not responsible/liable for any damage(s) incurred during the use of the facilities and general spaces outside the scheduled activities.

Indemnity

Except where prohibited by law, by using this Activity you indemnify and hold harmless ArcticTerns Foundation and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of the Activity or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of Bulgaria.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and ArcticTerns Foundation are unable to resolve any dispute through informal discussion, then you and ArcticTerns Foundation agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and ArcticTerns Foundation. The costs of any mediation or arbitration will be paid by the unsuccessful party.

Notwithstanding any other provision in these Terms and Conditions, you and ArcticTerns Foundation agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement. 

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate the Activity and the way we expect users to behave on the Activity. Changes to these Terms and Conditions will be posted on our Site.