TERMS OF SERVICE

Welcome to Cabo Tours lda! Throughout the site, the terms “No Limits”, “we”, “us” and “our” refers to Cabo Tours lda. We offer this website, including all information, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, including purchasing tickets, accessing our premises, driving our vehicles and/or participating in a tour, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you do not agree to all the terms and conditions of these Terms, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Service or access to the website following the posting of any changes constitutes acceptance of those changes.

We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to customers generally. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

1. Our Services

a. We provide desert tours where you get to drive our cars for a variety of awesome experiences. Tours may last from two hours to a full day.You book online for a specific experience at a specific time, and we provide the vehicle(s) and the tour guide.

b. You are requested to arrive at least 15 minutes ahead of your scheduled tour. If you arrive more than 15 minutes late, you are considered a “no show” and no refunds owed or payable.

2. Tickets

a. In order to use certain of the Services, you may be required to create an account and provide accurate, current and complete information in connection with your use of the Services (“Account“). We reserve the right to suspend or terminate access to and use of the Services, or any portion thereof, on the basis of inaccurate or incomplete Account information.

b. A ticket, pass, granting admission to the premises and/or participation in a tour (a “Ticket”) is a revocable license which may be revoked or confiscated by us with no refund of any amount paid therefor. Upon such revocation or confiscation, you shall have no right to remain in, on, or about the premises.

c. You are required to complete the complete the waiver release forms whether written or electronically prior to your tour. Failure to sign the waiver release form will automatically disqualify you from participating. On arrival you must present photo identity showing your age and the credit card used for payment.

d. We reserve the right to deny admission, prevent entry, require an individual already admitted to leave, or ban individuals from the premises or from participation in a tour, without refund, liability or compensation, for failure to comply with any of these Terms, for unsafe, illegal or offensive behavior, to ensure safety, security or order, or if we consider that the circumstances otherwise so require, in our sole and absolute discretion.

e. Tickets are non-refundable, non-transferable, and will not be exchanged. We are not responsible for duplicated, damaged, lost, or stolen Tickets. A replacement fee may apply in the event we determine, in our sole discretion, to replace any duplicated, damaged, lost, or stolen Tickets.

f. Unauthorized sales or resales of Tickets are prohibited.

g. Tickets are valid for the dates and specific tours as shown on the Ticket only.

h. Tickets will be confiscated if altered in any way.

3. Rules

a. You understand and agree to comply with each of the following:

i. Weapons of any type including any dangerous, illicit, or hazardous materials or items are prohibited on our premises, in our vehicles and during participation in any tour.

ii. The use of illegal drugs is prohibited on our premises and at all times prior to and during participation in any tour.

iii. Consumption of alcohol or drugs is prohibited on our premises and individuals showing signs of intoxication or any kind of substance impairment (as may be solely determined in the discretion of our staff) are prohibited on the premises and during participation in any tour.

iv. Safety equipment will be provided and must be worn, always, especially when driving or riding in or on any vehicle or as directed by a member of the staff.

v. You must comply with all posted signs and all instructions from our staff whether related to our operations, rules, procedures, health and safety requirements, or otherwise.

vi. You shall not enter into any restricted areas, ride perimeters, enclosures, or designated employee areas.

vii. You must only use designated entrances and exits and only during our operating hours.

viii. Conduct that is threatening, disorderly, “horseplay”, unruly, disruptive, profane, graphic, obscene, or in poor taste is prohibited. Any form of harassment (including verbal harassment or abuse or threatening remarks or actions) whether directed at our staff, other guests or any other person, is prohibited.

ix. Proper attire is required at all times. Clothing or other articles with profane, graphic, or obscene words, phrases, or images are prohibited.

x. Loitering, panhandling, shoplifting, fighting, vandalism, and line cutting are prohibited.

xi. Soliciting for commercial or charitable purposes or distributing advertisements, pamphlets, handbills, or flyers without our prior written consent is prohibited.

xii. Commercial photography, videotaping, and recording of any kind is prohibited.

xiii. Damages whether caused by accident or negligence to vehicles or property must be paid for prior to departure. Incident report forms are required for every incident and must be completed and signed prior to departure.

b. The following prohibited items are not allowed on the premises. This list is for example purposes and extends to all similar items.

i. Weapons of any type, including without limitation, firearms, ammunition, tasers, pepper spray, mace, and knives, any item designed to be utilized as a weapon, and any item that appears to be either of the foregoing.

ii. Explosives of any kind, including fireworks and water grenades (whether metal or plastic).

iii. Personal or commercial drones (unless approved by us in advance in writing) or other unmanned vehicles or equipment whether piloted on or off of the Property.

iv. Alcoholic beverages of any type.

v. Illegal drugs of any kind (including prescription drugs not properly prescribed by a health professional).

vi. Glass containers (other than baby food containers).

vii. Recreational devices with wheels, such as skateboards, hover boards, balance boards, scooters, inline skates or shoes with built-in wheels.

viii. Wheeled mobility devices with less than three wheels; Segways; devices that cannot maintain stability and balance when stopped, unpowered, or unoccupied, without training wheels or similar modifications; devices powered by any means other than manually or electrically; devices that travel faster than walking pace.

ix. Costume masks (except for special events confirmed in advance).

x. Pets or animals of any kind other than approved service animals (e.g., dogs). Service animals must be under the control of the owner at all times and should remain on a leash or harness at all times while at the premises.

xi. Any other items that our staff determines, in its sole discretion, to be suspicious or potentially harmful, unsafe or disruptive.

c. All persons, bags, and belongings in, on, or about the premises and/or our vehicles are subject to security and safety searches, including physical screening and metal detection procedures. Any person refusing to comply with security and safety searches will be refused entry.

d. In addition, you agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) using the Services for any commercial solicitation purposes; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, stealing or assuming and person’s identity (whether a real identity or nickname or alias), conducting fraud, hiding or attempting to hide your identity.

e. Anyone who (i) fails to abide by, or comply with, any of the above terms, conditions, or conduct requirements, (ii) brings any of the prohibited articles listed above onto the premises, to any tour, and/or vehicle, or (iii) violates any applicable laws, rules, regulations, or our policies and procedures may, at our sole discretion, be required to leave the premises with no refund of any amount paid therefor. We reserve the right to ban individuals violating these Terms or applicable laws from future admission to our premises and/or from participation in any of our tours.

4. Proprietary Rights

a. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “No Limits Content”), and all intellectual property rights related thereto, are the exclusive property of Cabo Tours LDA and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any No Limits Content. Use of the No Limits Content for any purpose not expressly permitted by this Terms is strictly prohibited. These Terms do not provide you with title or ownership of any Services or No Limits Content, but only a limited right to use the same solely upon the terms expressly set forth in these Terms.

b. You acknowledge and agree that by using the Services, visiting our premises, driving our vehicles and/or participating in a tour, you grant us the right to film, video, photograph, and take sound recordings for any purpose and use, including but not limited to the promotion, advertising, sale and publicizing of the Services and our business, as well as ancillary products in connection with our business, in any and all media, now known or hereafter devised, without payment or consideration therefor.

5. Prices and Payment Terms

a. The price charged for your tour or any other product or service will be the price in effect at the time the order is placed and will be set out in your email order confirmation.

b. All prices, discounts, and promotions posted are subject to change without notice. Posted prices do not include taxes or charges for shipping and handling, if applicable. All such taxes and charges will be added to your invoice, and will be itemized in your shopping cart and in your email order confirmation.

c. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

d. We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from, or in addition to, these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

e. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or any other third party required to effectuate payment, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

f. We use a third-party payment processor (the “Payment Processor”) to handle credit card transactions. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. By utilizing the Services, you agree to pay us, through the Payment Processor, in accordance with the applicable payment terms.

g. We will not accept a cancellation of, or a refund for, any scheduled tours within five (5) days of the date of the tour.

6. Privacy

We care about the privacy of our clients. Our privacy practices are governed by our privacy policy, the most updated copy of which can be found at (“Privacy Policy”). The Privacy Policy does not cover the information practices exercised by any third parties that we do not own or control.

7. Security

We care about and takes very seriously the integrity and security of your personal information. We take commercially reasonable administrative, physical and electronic measures designed to safeguard and protect the Services, content, materials and data therein from unauthorized access, use, modification, deletion and/or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. Third-Party Links and Information

The Services may contain links to third-party materials that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

9. Indemnification

You agree to defend, indemnify and hold harmless Cabo Tours LDA (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Services in violation of these Terms; (b) your violation of any law or the rights of a third party; or (c) your accessing our premises, driving (or being a passenger) in one of our vehicles and/or participation in a tour, that causes injury or damage to yourself or a third party. This indemnification obligation will survive the termination of these Terms and your use of the Services.

10. No Warranty

a. the services, including access to our premises, driving our vehicles and/or participating in a tour, are provided on an “as is” and “as available” basis. to the maximum extent permitted by applicable law, the services are provided without warranties of any kind, whether express or implied.

b. we may alter, suspend, add to, or discontinue the services in whole or in part at any time for any reason, without notice or cost. by having access to the services, you agree that we and our partners may place advertisements on the services. the types of advertisements are subject to change.

c. Cabo Tours LDA assumes no responsibility for accidents, injuries or losses of any kind (including loss or damage to personal possessions brought by you to the premises) in connection with the services. if you are dissatisfied with the services and/or any products purchased through the services, your sole and exclusive remedy is to discontinue its or their use.

d. the disclaimers and exclusions under these terms will not apply to the extent prohibited by applicable law.

11. Safety Measures Related to COVID-19 & Other Infectious and/or Communicable Diseases

a. We have implemented a number of new safety measures based on guidance from health authorities, such as the Centers for Disease Control and Prevention (the “CDC”), health organizations, and appropriate government agencies. You must follow all posted instructions while on our premises and during your participation in any of our tours.

b. By purchasing a Ticket and entering the premises or participating in any tours, you are acknowledging and confirming on your behalf, and on behalf of any individual who accompanies you (including any minor children), that you submit to the safety protocols we’ve put in place.

c. You must, to the extent possible, maintain a physical distance of at least six feet from any individual that is not a part of your immediate household (“Physical Distancing”).

d. You are required to wear face coverings at all times, except in specific situations as identified on the premises. The use of face coverings should not be seen as a substitute for Physical Distancing.

e. You are required to follow the directional signage which has been installed to assist you in responsibly moving around the premises and any ground markings which will help promote proper Physical Distancing when queuing is needed at a location.

12. Express Assumption of Risk & Release of Liability

a. Please note the CDC advises that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. You should evaluate your risk in determining whether to visit us and/or participate in any tours. People who show no symptoms can spread COVID-19 if they are infected, any interaction with the general public poses an elevated risk of being exposed to COVID-19, and we cannot guarantee that you will not be exposed during your visit.

b. This Section is an acknowledgement and voluntary express assumption of risk and release of liability as it relates to the risks of being exposed to or contracting COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof), the Coronavirus that causes COVID-19, or any other communicable and/or infectious disease, while visiting and/or participating in any tours. By purchasing a Ticket and entering the premises or participating in any tours, you are acknowledging and confirming on your behalf, and on behalf of any individual who accompanies you, both now and in the future, that you understand and voluntarily expressly assume the risk that during your visit or participation you may be exposed to COVID-19, the Coronavirus that causes COVID-19, or other communicable and/or infectious diseases. You expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases. You further acknowledge and understand that if you are infected with COVID-19, the Coronavirus that causes COVID-19, or any other communicable and/or infectious disease, you may infect others you subsequently come in to contact with, even if you are not experiencing or displaying any symptoms of illness yourself, and that the risk of spreading COVID-19 to others remains even after the you depart our premises.

c. You agree that this Section is a binding and full release of liability for negligence and/or the inherent risks associated with visiting the premises and/or participating in any tours with respect to any controversy, claim or dispute that may arise out of or during your visit that is related to exposure to or the contraction of any communicable and/or infectious disease, including, but not limited to, COVID-19 or the Coronavirus that causes COVID-19.
i. specifically, you agree that: you, on behalf of yourself and your personal representatives, heirs, spouse, guardians, executors, administrators, successors, assigns and next of kin) hereby forever release, discharge, agree to indemnify and defend, and covenant not to sue Cabo Tours LDA, (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) with respect to any claim, liability or demand of whatever kind or nature, either in law or in equity (including, without limitation, for personal injuries or wrongful death) that may arise in connection with, or relate in any way to, exposure to or contraction of a communicable and/or infectious disease, including but not limited to, covid-19 (or the coronavirus that causes covid-19), during your visit to the premises, or during your participation in any tour, including, without limitation, those claims that arise as a result of: (i) the negligence of any of the released parties, and/or (ii) the inherent risks associated with visiting the premises or participation in a tour during any epidemic or pandemic, including the covid-19 pandemic. you further agree that the forgoing release of liability, indemnification and covenant not to sue extends to and encompasses any and all claims, liabilities or demands that relate in any way to exposure to or contraction of a communicable or infectious disease, including but not limited to, covid-19, by any other individual, including but not limited to your minor children and/or family members, as a result of their visiting the premises or participation in a tour using tickets you purchased or as a result of them being exposed to such diseases by you after your visit to the premises or participation in a tour.

d. This acknowledgement and express assumption of risk and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.

13. Limitation of Liability

a. to the maximum extent permitted by applicable law, in no event shall Cabo Tours LDA, its affiliates, agents, directors or employees, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability, or any other theory of liability, even if Cabo Tours LDA has been apprised of the possibility or likelihood of such damages occurring.

b. to the maximum extent permitted by applicable law, Cabo Tours LDA assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services or products; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (v) the defamatory, offensive, or illegal conduct of any third party. in no event shall Cabo Tours LDA, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Cabo Tours LDA hereunder or $100.00, whichever is greater.

c. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. these terms gives you specific legal rights, and you may also have other rights which vary from state to state. the disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.

14. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, or other public health emergencies lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

15. Governing Law and Dispute Resolution

a. Governing Law; Limitation of Claims. This Agreement will be governed by and construed in accordance with the laws of Cape Verde. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Cabo Tours lda arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose, or be forever barred.

b. Dispute Resolution. please read this section carefully. it affects your rights and will have a substantial impact on how claims that you and Cabo Tours LDA have against each other are resolved..

c. We strongly encourage you to first contact us directly to seek a resolution of any dispute or claim by emailing us at customerservice@nolimitsadventure.com. You agree that any and all disputes or claims that may arise between us shall be resolved exclusively through final and binding arbitration, rather than in court.

d. The arbitration will be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes. Your rights will be determined by a neutral arbitrator and not a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by the court.

e. the arbitration will be confidential, and neither of us may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;

f. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the dispute and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties pursuant the Federal Arbitration Act.

g. the arbitrator may award any individual relief or individual remedies that are permitted by applicable law (including attorneys’ fees); and

h. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Sal Island, Cape Verde.

i. Expenses and Attorneys’ Fees. In the event any action is brought to enforce any provision of these Terms or to declare a breach of these Terms, the prevailing party shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including attorney’s fees, incurred thereby.

16. General

a. Notification Procedures and Changes to the Terms. We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notifications. We may, in our sole discretion, modify or update these Terms from time to time. When we change the Terms in a material manner, we will update the last modified date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Services.

b. Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

c. Electronic Communications. Our communications with you via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email or text. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

d. Entire Agreement / Severability. These Terms and our order confirmation email shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect e. No Waiver. No waiver of any term herein shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

f. Feedback. We may use any reports, comments, ideas and suggestions in any form regarding the Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.

g. Interpretation. Section headings are for reference only, and shall not be construed as substantive parts of the Terms. Each capitalized term used in these Terms shall have the meaning attributed to it in any part of these Terms.

h. Survival. You acknowledge and agree that all indemnification, confidentiality, intellectual property, governing law, dispute resolution, limitation of liability and other clauses including those provisions which by their terms contemplate survival shall survive the termination or expiration of these Terms regardless of the cause of such termination.

If you have any questions about our Services and/or these Terms, please contact us at customerservice@nolimitsadventure.com