Customers that are dissatisfied with the initial itinerary provided may request a refund within seven days of the date the first itinerary was provided. After this seven day period, Outbound is under no obligation to process any refunds. Additionally, after the initial itinerary is reviewed and approved by the customer, Outbound will not issue a refund.
To request a refund, the Customer will be required to complete a questionnaire and detail their complaints. Outbound will review the complaints and issue a refund if the above qualifications are met in full.
Terms of Service
Terms of Service
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Universal Terms of Service and Conditions Agreement (the "Agreement") is entered into by and between Outbound Baby, LLC, a New York limited liability company (“Outbound”) and you, and is made effective as of the date of your use of and access to this website https://www.outboundbaby.co (“Site”), which includes other websites and mobile applications that link to or reference this Site. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Service(s)”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to Outbound. The terms “you”, “your”, “User” or “Customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. CHANGES TO THE TERMS OF SERVICE
Outbound may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.
In addition, Outbound may occasionally notify you of changes or modifications to this Agreement by email. Outbound assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Outbound may terminate your use of Services for any violation or breach of any of the terms of this Agreement by You.
3. DESCRIPTION OF SERVICES
The Service is a custom itinerary planning service. Outbound helps create an online detailed trip itinerary based on the package requested and information provided by the Customer. The specific costs associated with the services are based on the package requested by the Customer and can be found here: https://www.outboundbaby.co/pricing . Itineraries include one recommendation per day of each of the following items: lodging, restaurant, beverage, and activity. Outbound is not an operator of tours, activities, nor is it a provider of tours or activities, and Outbound does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Outbound’s responsibilities are limited to providing a day-by-day travel itinerary based on the details provided by the Customer in their request form. After you complete a request for a custom itinerary, you will be charged the full costs of the planning fee (minus any discounts) prior to receiving your custom itinerary. The Customer will then receive the itinerary and will have up to 7 business days to request changes to the itinerary. The Customer is only allowed to request up to one change per day of their trip. Outbound is not obligated to accommodate any changes to itinerary after this initial 7 day period. Once the final itinerary is reviewed, Outbound services are completed with no further obligation on the part of the Customer. If the Customer needs to cancel any or all part of their trip, Outbound can assist in cancelling reservations, for a fee, but any fees incurred will be the responsibility of the Customer. After Outbound has completed the Customer's Itinerary and confirmed completion of services, Outbound is under no obligation to assist with further services. Any modifications to the Itinerary becomes the sole responsibility of the Customer. Customer’s itineraries will time out on the site 7 days after the final day of the Customer’s trip. After this seven-day period Customers will no longer have access to their itinerary through our site.
Customers are free to reject any Itinerary for any reason prior to completion. Once a Customer confirms an Itinerary as satisfactory, any fees paid are non-refundable. Outbound will make every effort to edit and create an itinerary that is satisfactory to the Customer BEFORE their trip. If the Customer is not satisfied with the recommendations provided by Outbound, they must inform outbound via writing within 7 days of receiving their first Itineray draft. Outbound does not guarantee the suitability or availability of recommendations, and therefore is under no obligation to issue refunds for these reasons.
Customers that are dissatisfied with the initial itinerary provided may request a refund within seven days of the date the itinerary was provided. After this seven day period, Outbound is under no obligation to process any refunds. To request a refund, the Customer will be required to complete a questionnaire and detail their complaints. Outbound will review the complaints and make final determination regarding the approval of the refund.
YOU UNDERSTAND AND AGREE THAT OUTBOUND IS NOT RESPONSIBLE FOR ANY DAMAGES AND DISCLAIMS ALL LIABILITY THAT MAY RESULT IN FOLLOWING OUTBOUND’S ITINERARY RECOMMENDATIONS. THE PARTAKING OF ANY EXPERIENCES RECOMMENDED BY OUTBOUND ARE AT THE CUSTOMER’S OWN RISK.
Outbound assumes no responsibility for the Customer’s compliance with any applicable laws, rules and regulations. Outbound recommends that Customers obtain appropriate insurance. Please review any insurance policy that you may have for your travel carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
While Outbound makes every effort to ensure information provided is accurate and up-to-date, the Customer is ultimately responsible for checking their itinerary and making sure that suggested routes, addresses, opening times, and other information is accurate.
Recommendations: Please be advised that recommendations given by Outbound are based on the opinions of Outbound, persons associated with Outbound, or third-party sources who are referenced when applicable. Outbound relays their knowledge of the establishments and makes no guarantee about the suitability or availability of the recommendations. Outbound assumes no responsibility for the Customer’s satisfaction or experience with the recommendations provided.
Outbound assumes no responsibility for incidentals, additional fees, or unexpected charges at establishments listed on the site or provided in itinerary services. Such services may include tipping, resort fees, valet, damages, etc. Pricing information and budget breakdowns provided on the site, in itineraries, or correspondence with Outbound are estimations and should be considered guidelines based on the information provided by third-parties. This pricing information should not be considered final and any charges by the recommended establishments are ultimately the responsibility of the Customer.
As part of the custom itinerary services, Outbound will book certain aspects of the Customer’s trip on their behalf. This booking service is completed only with the consent of the Customer. In order to provide this service, Outbound will request payment information which may include credit card or account information (such as AirBnB, Vrbo, etc.). When the Customer provides Outbound with this payment information, the Customer is granting consent to Outbound to make payments to third-party establishments on their behalf. After the Customer’s initial review of their itinerary, Outbound will request an email confirmation to proceed with booking. Once Outbound receives the email confirmation from the Customer, Outbound may use the provided payment information, such as credit card or account information, to secure reservations. After Customer consent is provided, the Customer is fully liable for any charges, purchases, or fees made by Outbound on behalf of the Customer.
Outbound also provides a platform to share travel content, as well as itinerary planning tools. OUTBOUND CANNOT AND DOES NOT CONTROL THE CONTENT SHARED ON THE SITE. Outbound reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Outbound, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the services.
Outbound is under no obligation to enforce the Terms on your behalf against another user or Customer and you agree: (a) not to, assist, encourage, or enable others to use the Site to: (i) violate Outbound content guidelines; (ii) violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) threaten, stalk, harm, or harass others, or promote discrimination; (iv) send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; (v) engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website; (vi) solicit personal information from minors, or submit or transmit pornography; or (vii) violate any applicable law; (b) not to, and will not enable others to: (i) modify, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, sell, trade, or in any way exploit the Site or Site Content; (ii) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content; (iii) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; (iv) record, process, or mine information about other Customers; (v) access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database; (vi) attempt to gain unauthorized access to the Site, Customer accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; (vii) use the Site to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); or (viii) violate the Terms.
5. ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Customers who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "Customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Outbound finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Outbound shall not be liable for any loss or damage resulting from Outbound’s reliance on any instruction, notice, document or communication reasonably believed by Outbound to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Outbound reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You will be provided unique links, login information, and passwords to access your itinerary and trip details (your “account”). You may be asked to provide certain information about yourself, such as billing and payment information, in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify Outbound immediately of any unauthorized use of your account. Outbound reserves the right to close your account at any time for any or no reason. Your account is for your personal use only. In creating it, Outbound requests that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own. By providing Outbound your personal contact information, you agree to receive certain communications in connection with the Site. You will also receive periodic newsletters about happenings in Outbound. You can opt-out of non-essential communications by clicking the “unsubscribe” button at the bottom of the communication.
Unique links, login information, and passwords provided to Customer’s are intended only for the Customer as part of their agreement with Outbound. The Customer is not authorized to share this information with unauthorized persons. Any sharing of information such as i. login information or passwords to itineraries, or ii. details and recommendations of the itineraries without the consent of Outbound is prohibited.
In addition to the general rules above, the provisions in this Section apply specifically to your use of Outbound Content and Customer Content posted to Outbound’s website. "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
Outbound Content. The content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Outbound Content”), are owned by or licensed to Outbound in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Outbound Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Outbound. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Outbound reserves all rights not expressly granted in and to the Outbound Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
Outbound may use your content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. You hereby irrevocably grant Outbound world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your content for any purpose. You irrevocably waive, and cause to be waived, against Outbound and its Customers any claims and assertions of moral rights or attribution with respect to your content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your content.
Some of the features of this Site or the Services may allow Customers to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice, or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together “Customer Content”). Customer Content includes, but is not limited to, forum posts, product reviews or recommendations, or photos to be incorporated into a social media event or activity. Customer Content includes all content submitted through your Account. By posting or publishing Customer Content to this Site or to the Services, you represent and warrant to Outbound that (i) you have all necessary rights to distribute Customer Content via this Site or via the Services, either because you are the author of the Customer Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the Customer Content, and (ii) the Customer Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Outbound Content or Customer Content) or enforce limitations on the use of this Site or the Services found at this Site, the Outbound Content or the Customer Content therein.
Outbound does not endorse any content created and shared by Customers of the site. In addition, although these Terms require Customers to provide accurate information, we do not attempt to confirm, and do not confirm, any Customer’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Outbound will not be responsible for any damage or harm resulting from your interactions with other Customers.
7. ADDITIONAL RULES OF CONDUCT
You acknowledge and agree that: (i) Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; (ii) You will not collect or harvest (or permit anyone else to collect or harvest) any Customer Content (as defined above) or any non-public or personally identifiable information about another Customer or any other person or entity without their express prior written consent; (iii) You will not use this Site or the Services in a manner that: is illegal, or promotes or encourages illegal activity, promotes, encourages or engages in child pornography or the exploitation of children, promotes, encourages or engages in terrorism, violence against people, animals, or property, infringes on the intellectual property rights of another Customer or any other person or entity, violates the privacy or publicity rights of another Customer or any other person or entity, or breaches any duty of confidentiality that you owe to another Customer or any other person or entity, or contains false or deceptive language, or unsubstantiated or comparative claims, regarding Outbound or Outbound’s Services.
8. THIRD PARTIES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Outbound. Outbound assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Outbound does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Outbound from any and all liability arising from your use of any third-party website.
Collection and Use of Personal Information. Outbound may collect the following personal information from you: (i) contact information, such as name, email address, mailing address, phone number; (ii) billing information, such as credit card number and billing address; (iii) unique identifiers, such as Customer name, account number, and password; (iv) preference information, such as order history and marketing preferences; and (v) as is true of most websites, we automatically gather information about your computers such as your IP address, browser type, referring/exit pages, and operating system. Outbound may use this information to: (i) send you an order confirmation; (ii) administer your account; (iii) book or reserve lodging or experiences such as dining, excursions, etc. (iv) send you a newsletter; (v) send you marketing communications; (vi) respond to your questions and concerns; (vii) improve our website and marketing efforts; and (viii) conduct research and analysis.
Information obtained from Third Parties. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
Information Sharing. We will share your personal information with third parties only in the ways that are described in this privacy statement. We will not sell your personal information to third parties. We may provide your personal information to companies that provide services to help us with our business activities. These companies are authorized to use your personal information, only as necessary, to provide these services to us. We may also disclose your personal information: (i) as required by law such as to comply with a subpoena or similar legal process; and (ii) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, and (iii) if required as part of booking your lodging, excursions, etc.
Third Party E-Commerce Solutions Provider. We may use a third-party e-commerce solutions provider. They may host our ordering system, and collect your billing information directly from you for the purpose of processing your order. It is our understanding and intention that this company does not use this information for any other purpose.
Links to Other Web Sites. Our site may include links to other websites whose privacy practices may differ from ours. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
Security. When we collect personal information directly from you, we follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore we cannot guarantee its absolute security.
Policy Changes. We reserve the right to make changes to this policy at any time.
Outbound Baby, LLC
10. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. outbound, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. outbound, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND outbound ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
OUTBOUND IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS RECOMMENDATIONS, RATINGS AND REVIEWS. OUTBOUND IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. OUTBOUND’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO $100. OUTBOUND DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless Outbound and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Outbound directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
12. Governing Law.