These Terms and Conditions form a valid and binding contract between NOMUHUB SOCIAL ENTERPRISE FZE (“NOMUHUB”) and the Applicant and Participants. The Parties agree on their collaboration on the terms of this Contract and agree as follows:
1. DEFINITIONS
Application means the online application submitted by the Applicant for the Participants’ participation into the Program;
Owners means the owners or managers or facility managers of the accommodation provided under the Program where the
Participants shall dwell for the Term;
Participant or Participants means the participants in the Program as nominated by the Applicant on whose behalf the Applicant hereby enters into this
Contract and for whose actions, errors and omissions the Applicant is fully and solely responsible for;
Party or Parties means individually either NomuHub or Applicant and Participants or collectively refers to all together;
Travel Service Provider means the company appointed by NomuHub to handle transport, accommodation and/or ground operations; and
USD means the United States Dollars only.
2. APPLICATION AND ACCEPTANCE
2.1 Following processing and acceptance of an Application, the Applicant confirms and agrees on its behalf and on behalf of each Participant as follows:
(i) each Participant is between 18 – 40 years of age and eligible to participate in the Program. Any Participant below 18 years of age shall be accompanied by a legal guardian.
(ii) in submitting an Application to NomuHub (that is subsequently accepted by NomuHub), it shall fully comply with terms and conditions, code of conduct, health and safety requirements provided by NomuHub.
(iii) except as stated in this Contract, Participants do not have any condition, disability or impairment that the Applicant and Participant are aware of. NomuHub will not be held liable in any manner whatsoever for any un-indicated conditions that affect Participants during the Term.
(iv) any change in Applicant or Participant contact information or emergency contact information shall be advised to NomuHub within twenty four (24) hours of such change.
(v) it has read and clearly understood all the terms and conditions of the Program, procured written agreement and compliance from each of the Participants to these terms, and there exists full agreement to comply with these terms.
2.2 Following NomuHub’s acceptance of Application, Applicant must make the full Payment in cleared funds and send Participant’s travel tickets to NomuHub by email, in order to fully secure their participation in the Program. If NomuHub does not receive any payment from the Applicant within ten (10) days of NomuHub’s acceptance of Application, the Application will automatically be cancelled and shall be considered null and void.
2.3 Any additional services may be provided upon Applicant’s request and subject to Parties’ prior written agreement on costs.
3. DEPOSIT AND PAYMENT
3.1 Payment shall me made in USD, in cleared funds without delay, deductions or set-off in the manner prescribed in page 1 of this Contract or as advised by NomuHub based on each Program.
3.2 Deposits are non-refundable for any reason whatsoever. Following approval of an Application, full Payment should be effected within ten (10) calendar days following which participation is confirmed. If Payment is not effected within this time period, clause 2.2 shall apply. Except for the Deposit, Payment is subject to the Cancellation Policy in clause 6.
3.3 The minimum number of volunteers to join a Nomuhub tripby a B2B is 10 and the maximum is 30, thus, the minimum deposit paid would be for 10 volunteers.
3.4 In cases where the volunteer wishes to amend the application (whether it was destination or week chosen) a fee of $50 shall apply.
4. PROGRAM
4.1 NomuHub shall use its best endeavours to ensure the Program proceeds and continues in a timely manner however the Participant understands and agrees that the Program may be amended or delayed or cancelled for reasons beyond the control of NomuHub and in such case the Applicant waives all claims against NomuHub. NomuHub shall use best endeavours to communicate any deviations to the Program as soon as practical, to the Participants.
4.2 The Applicant by itself and on behalf of each Participant confirms that it:
(a) shall strictly abide by the Program schedule clearly outlined in NomuHub volunteer manuals and handbooks, that are provided;
(b) agrees and understands that any intended deviation to the Program by a Participant must be prior communicated and agreed at least twenty four
(24) hours in advance with NomuHub leadership team at the Location;
(c) agrees and understands tourism activities listed in the Program are optional and subject to additional charges and may change from time to time;
(d) shall not invite additional guests (outside the Program) to stay at, nor lease, transfer or create commercial gain of the accommodation provided by NomuHub;
(e) accommodation options shown in brochures, materials, prospectus, advertising and marketing materials may be changed or replaced in the discretion of NomuHub and NomuHub makes no guarantees or representations with respect to accommodation;
(f) is solely responsible for the cost of any damage caused by them to their accommodation or the contents of their accommodation during their stay. These charges must be met by Applicant and must be paid immediately upon demand by NomuHub;
(g) shall be provided standard daily meals within the Program that shall be clearly stated in the Program manual and any additional or special meals, snacks or refreshments, if required by the Applicant shall be at the Applicant’s cost;
(h) understands fully and agrees that the Program may be operated in a region where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those the Applicant or Participant normally expects and it is responsible to undertake its own research prior to submitting any Application;
(i) the Application is accepted on the understanding and agreement that there may be possible risks involved in the Program, including but not limited to physical injury, diseases, loss or damage to property, inconvenience and discomfort and it agrees that the Participant undertakes the Program at their own risk and volition; and
(i) Applicant is solely responsible and liable for the Participants and for their compliance with the terms of this Contract, including any errors, omissions and actions by Participants.
4.3 A Participant may extend its stay at the Program with the prior written consent of NomuHub. A Participant may communicate its intention to the project manager or NomuHub ground operations representative at least three (3) days prior to the end of Term. The Applicant shall receive written confirmation if their request is approved or requested and in case of approval they will receive a new invoice with the additional costs for the extension of Term. Subject to full payment of the invoice within twenty four (24) hours of receipt, this Contract shall be deemed automatically extended in accordance with the terms in the NomuHub invoice which shall form an integral part of this Contract and if the payment of such invoice is not received within the stipulated timeline herein, NomuHub may opt to cancel such request for extension of Term.
4.4 If a Participant wishes to stay in the country of the Location beyond the Term, NomuHub has no further responsibility for the Applicant in any manner whatsoever including but not limited to the Applicant’s actions, food, accommodation, insurance or travel arrangements and Applicant agrees that the Participants shall immediately vacate the accommodation provided for in the Program and in case of failure or refusal do so, Applicant irrevocably agrees to pay the associated costs incurred by NomuHub upon demand.
4.5 The Parties understand and agree that during the Program accommodation arrangements shall be on a shared, mixed-use basis and room-mates shall be allocated or re-allocated at NomuHub’s sole discretion and Applicant and Participants shall have no claims in this respect.
4.6 NomuHub may opt to, but is not obligated to advise on visa and travel requirements to the extent it can, however the Applicant is responsible to check related travel information (including but not limited to vaccinations, visa, airlines, etc.) with the Embassies of each Participant prior to registering an Application.
4.7 The itineraries for each Program must be taken as an indication of what the Participant’s team should accomplish, and not as a contractual obligation on behalf of NomuHub. Changes in Program itinerary may be caused by local or political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances.
5. PARTICIPANT WARRANTIES AND OBLIGATIONS
5.1 Applicant understands, confirms and agrees for itself and on behalf of each of the Participants as follows:
(i) It is able to enter into this Contract on behalf of each Participant and has sought their written consent to do so;
(ii) It shall be fully responsible and liable for Participants whilst on the Program;
(iii) Applicant and each Participant are solely responsible for accuracy and fulfillment of Participants’ travel itinerary in liaison with the Travel Service Provider;
(iv) It is solely responsible for Participants’ travel and other costs and making necessary arrangements to arrive the Location with the Travel Service Provider or separately by themselves, as necessary;
(v) It has reviewed the terms of each Program and Participant’s participation in the Program is at their and Applicant’s sole liability and risk;
(vi) It acknowledges that some travel destinations may require precautionary treatment from diseases as yellow fever, malaria and etc. and it shall seek medical advice at its own cost, prior to Application into the Program;
(vii) Each Participant consents to emergency medical treatment if their emergency contact listed in this Contract cannot be contacted;
(viii) For each Participant, it shall acquire a reliable travel and medical insurance that is capable of covering any unforeseen health and travel risks during the Program;
(ix) It is solely responsible for any communication, actions, errors or claims between itself and the Owners, Travel Service Providers or other participants at the Program or third parties at the Location;
(x) It shall comply with all applicable laws in the country of Location and shall immediately compensate NomuHub upon demand, for any loss or expense that NomuHub may incur as a result of a breach of this clause; and
(xi) It shall not copy, adapt, transfer or use outside the Program, any of the materials provided by NomuHub or copy details of the Program itself with the intention of becoming a competitor of NomuHub. A breach of this clause will result in payment of liquidated damages by the Applicant to NomuHub, payable upon demand by NomuHub.
5.2 The Parties acknowledge, understand and agree that NomuHub is not a charity or non-governmental organization that accepts or provides donations however NomuHub does collaborate with such institutions in accordance with applicable laws (“Partner Institutions”). Participants or Applicant may opt in their own discretion to make donations to any Partner Institutions directly in which case NomuHub shall not be held liable or responsible for any such transaction.
5.3 The Parties acknowledge, understand and agree that NomuHub reserves the right to contact the Participants directly at any time prior to, or after the Program duration to discuss any aspect relating to the Program and Applicant confirms and shall obtain Participants consent in this respect immediately upon execution of this Contract.
6. CANCELLATION POLICY
6.1 Cancellations of participation in any Program may be requested by the Applicant by way of a preliminary phone call followed by a written request to NomuHub within twenty four (24) hours of such phone call subject always to a request for cancellation being at least thirty (30) days prior to the commencement of Program. Cancellations are not guaranteed and approval of cancellations does not guarantee any refund in any manner.
6.2 The Applicant may cancel any Participant’s trip subject to NomuHub’s written consent and provided such cancellation request is received by NomuHub within thirty (30) calendar days of NomuHub’s receipt of Deposit and subject to such cancellation request being at least thirty (30) days prior to the commencement of Program.
6.3 Applicants who cancel their participation in the volunteering program may be subject to the following charges:
- For cancellations made 7 days or less prior to the commencement of the program, no amount will be refunded.
- For cancellations made 14 days or less prior to the commencement of the program, the applicant will be refunded for 25% of the total trip package price.
- For cancellations made between 15 and 30 days prior to the commencement of the program, the applicant will be refunded for 50% of the total trip package price.
- For cancellations made 31 days or more prior to the commencement of the program, the applicant will be refunded for 75% of the total trip package price.
6.4 Applicants who cancel their participation in the Explore program may be subject to the following charges:
- For cancellations made 7 days or less prior to the commencement of the program, no amount will be refunded.
- For cancellations made 14 days or less prior to the commencement of the program, the applicant will be refunded for 20% of the total trip package price.
- For cancellations made between 15 and 30 days prior to the commencement of the program, the applicant will be refunded for 40% of the total trip package price.
- For cancellations made 31 days or more prior to the commencement of the program, the applicant will be refunded for 75% of the total trip package price.
7. COMPLAINTS POLICY
7.1 The Participant is obligated to report any problems or complaints to the Project Manager at the Location. If Participant is dis-satisfied during the Program, they shall notify NomuHub leadership team at the Location and the relevant supplier of the service in writing by email or phone. NomuHub may, but not be obligated to take reasonable efforts to resolve any disciplinary matter or complaint that arises and in such case, NomuHub reserves the right to take disciplinary remedies or actions in its sole discretion, in a format and manner that it decides.
7.2 If a Participant is deemed to be significantly in breach of this Contract or the NomuHub rules of Program, NomuHub reserves the right to disqualify the Participant from the Program. For avoidance of doubt, any disrespect shown to NomuHub team members will result in disqualification of Applicant from the Program without any liability on NomuHub or compensation or refund to Applicant and with respect to this sub-clause, Applicant waives all rights and claims in this respect.
7.3 NomuHub may at its sole discretion decide to suspend any Participant from the Program during the Term for a serious disciplinary concern or issue surrounding material breach of this Contract or breach of applicable law.
8. TERMINATION AND EFFECTS OF TERMINATION
This Contract may only be terminated upon occurrence of the following:
(i) insolvency proceedings are initiated for either Party, as a corporate entity;
(ii) NomuHub cannot continue with the Program for any reason whatsoever and in such case NomuHub will inform the Applicant and Payment shall be refunded to the Applicant subject to the Applicant being in full compliance of this Contract and cancellation of Program occurring for reasons beyond the control of NomuHub;
(iii) NomuHub provides written notice of termination of Contract for convenience, in which case, Payment shall be refunded to the Applicant; and
(iv) NomuHub provides written notice of termination of Contract due to material breach by the Applicant that it fails to remedy when brought to its prior attention, in which case, Payment shall be not refunded to the Applicant.
9. CONFIDENTIALITY
9.1 NomuHub takes precautionary measures to ensure all Applicant’s and Participant’s information such as personal and contact details are secured in a security protected database, with access limited to NomuHub personnel however security cannot be fully guaranteed at all times and NomuHub shall immediately inform the Applicant if its security is breached.
9.2 The Parties agree that Applicants’ and Participant’s personal contact details provided during Application stage are retained by NomuHub in its client database and Applicant may amend or request such information to be deleted by emailing info@nomuhub.com provided always that Applicant understands and agrees that deletion of such information cannot be undertaken during a current Program that the Applicant or Participant is participating in, and is always subject to data retention requirements under applicable laws. The Applicant consents (on its behalf and on behalf of Participants) to receiving communication from NomuHub through email, short text messaging, social media platforms or phone/cellular services with respect to their induction and participation in the Program and with respect to future programs.
9.3 The Applicant acknowledges and agrees that information received by NomuHub through any Application is accessible to the NomuHub’s team and its partners only, and would not be used for marketing or solicitation purposes, and it is never rented, sold, given or traded to other companies.
9.4 If Applicant suspects a security breach in their personal and contact details provided related to NomuHub, Applicant must communicate this immediately to NomuHub in writing and provide appropriate evidence to support the suspicion. NomuHub will respond with appropriate measures to mitigate the breach, to the extent practical and possible.
9.5 The Parties acknowledge and agree that NomuHub has the right to monitor and record all or any transactions undertaken with NomuHub including any form of communication between its personnel and Applicant or Participants.
9.6 All communication, data, designs, suggestions, ideas submitted to NomuHub become the sole property of NomuHub and the individual or entity making such submission, if the Applicant or Participant, waives all rights and claims to submissions.
9.7 Upon registration to the Program, the Applicant is obligated to provide NomuHub with critical travel related information. This includes, but is not limited to full name as shown in the passport, gender, date of birth, passport number, flight number, date of arrival to program and date of departure to Location. The Applicant must provide this information to NomuHub at least two (2) weeks prior to departure.
9.8 NomuHub will provide a range of options for accommodation that are available to the Applicant and Applicant has the freedom to select desired accommodation based on their personal requirements. The Applicant may also make arrangements for their own accommodation, which comes at an additional cost after paying the full Program amount.
9.9 NomuHub will not be responsible for any inconvenience or contract breach by accommodation providers not recommended by NomuHub.
10. PHOTOGRAPHS AND MEDIA COVERAGE
10.1 The Applicant acknowledges and understands that Participants may be photographed or video-graphed at the Location during the Program and such photos and videos may be posted on various forms of media. If any Participant wishes not to participate in any form of such media coverage, it is the Participants and Applicants responsibility to inform NomuHub in writing.
10.2 The Applicant acknowledges agrees and understands on its behalf and on behalf of the Participants:
(i) that any image or video taken on any of NomuHub programs may be used without charge in all media for promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and the internet.
(ii) NomuHub is not obligated to remove any Participant from media coverage unless NomuHub has been informed of Participant’s intention not to be featured in such coverage, in writing.
10.3 If the Applicant or the Participants opt to supply NomuHub with any photographs or videos, they confirm as follows:
(i) they irrevocably grant permission to NomuHub to use such photographs for any of their commercial or non- commercial purposes in any and all media, including, without limitation, in NomuHub printed publications, presentations, promotional materials, in the advertising of NomuHub goods or services or on NomuHub website and social media.
(ii) they waive all moral rights in such photographs to which they may now or at any future time be entitled under the copyright, as amended from time to time and under all similar legislation from time to time in force anywhere in the world.
(iii) they shall procure any necessary third party consents or waivers to give effect to this section and shall indemnify NomuHub against any claims, losses, damages or costs arising from its failure to do so.
11. DISCLAIMER, INDEMNITY AND LIMITATION OF LIABILITY
11.1 NomuHub’s liability in all respects under this Contract, if proven, shall be limited to the value of the Payment received from the Applicant by NomuHub and the Applicant agrees that it shall not make further claims for compensation from NomuHub.
11.2 NomuHub shall not be responsible for any Participant leaving the Program early than completion of the Program, or for arriving at the Program destination earlier/later than announced Program dates and such risk and cost is at the Applicant’s and Participant’s sole cost and risk.
11.3 The Applicant and Participants are solely liable for accuracy of all Participant information provided in this Contract, including but not limited to actions, errors or omissions by Participants at the Location during the Program.
11.4 It is acknowledged and agreed that NomuHub is not responsible for the actions, errors and omissions of other participants in the Program, Owners and Travel Service Provider and Applicant and Participant shall seek clarity on any issues with NomuHub before making assumptions or taking any actions.
11.5 NomuHub shall have no liability where the cause of the failure to provide, or failure in, the Program or any death or personal injury suffered is not attributable or caused by NomuHub.
11.6 NomuHub expressly excludes all liability (both direct and indirect) to the maximum extent permitted by law for any losses or damages whatsoever that the applicant may suffer or incur as a result of, or in connection with an act of terrorism.
11.7 NomuHub shall not be responsible for damages incurred by Applicant or Participant as a result of inappropriate travel arrangements by Applicant or Participant. NomuHub is not responsible for any damages caused or costs incurred or refusal or denial or restrictions imposed by a governmental authority on Applicant or Participant and Participant agrees and understands that visa and immigration requirements are the prerogative of each country of Location.
11.8 Participants are liable and responsible for their own belongings whilst participating in the Program and in case of any loss or damage to their property, waive all claims whatsoever against NomuHub.
11.9 The Applicant and Participant fully indemnify and hold harmless NomuHub against claims for loss or damage to personal property, personal injury, death, and any claim arising from the Participant’s errors, omissions, actions or negligence and from any errors, actions, omissions, claims whatsoever between Applicant, Participant, other participants, Owners and Travel Service Provider or any third party whether related to the Program or not.
12. MISCELLANEOUS
12.1 This Contract shall not be shared, transferred, sold, gifted, assigned or sub-contracted in any manner by the Applicant or Participant.
12.2 The Applicant if an entity shall ensure that if it changes its constitution or sells, transfers or assigns any part of its shareholding to a third party, this Contract shall remain un-affected.
12.3 The Applicant agrees, understands and acknowledges that any and all oral or written covenants or representations made by sales agents or by the Owners, whether express or implied, are not made with the prior written consent of NomuHub, are not made on behalf of NomuHub and will not have the force or authority to bind NomuHub. Sales representatives, administrative staff and Owners have no legal authority to bind NomuHub. Any such agreements, covenants and representations will not subject NomuHub to any obligations, disputes or lawsuits that may arise from such agreements, covenants or representations.
12.4 If any provision of the Contract is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
12.5 The failure of NomuHub to enforce any right or provision in this Contract shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NomuHub in writing.
12.6 This Contract comprises the entire agreement between the Parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the Parties regarding the subject matter of this Contract.
12.7 This Contract may be executed in counterpart by each Party and exchanged by scan/email transmission, courier or facsimile transmission. When each validly executed counterpart is put together, it shall form part of the same Contract
12.8 This Contract is governed by the laws of Kingdom of Oman and any dispute shall be referred to arbitration by a sole arbitrator in the Dubai International Financial Center.
13. COVID-19
13.1 The applicant agrees that in the past two weeks:
(i) Did not experience any symptoms that are associated with COVID-19 such as cough, fever, shortness of breath, headache, sore throat, or new loss of taste or smell.
(ii) Did not expose to someone with a suspected and/or confirmed case of the COVID-19.
13.2 The Applicant agrees that NomuHub will not be liable to any cost or refund that is associated with COVID-19, this includes and not limited to:
(i) Cancelation due being infected with COVID-19.
(ii) Cancelation due governmental restrictions.
13.3 In the case that the Applicant is unable to attend the trip due to any of the reasons mention in clause 13.2(i) and 13.2(ii), the amount paid will be held as credit to be used for future trips in the same destination booked.
13.4 The applicant agrees to present a negative PCR test upon arrival that is valid for not more than 72 hrs.
13.5 In the case of that the Applicant get infected with the COVID-19, the applicant will cover any cost associated, this includes but not limited to:
(i) Any medical or treatment cost.
(ii) PCR Testing.
(iii) Transportation to the medical care facility.
(iv) Additional room or accommodation for self-isolation.
13.6 The applicant acknowledge the contagious nature of COVID-19 and the public health authorities still recommend practicing social distancing and other prevention methods. I further acknowledge that NomuHub has put in place preventative measures to reduce the spread of COVID-19. I further acknowledge that NomuHub cannot guarantee that I will not become infected with COVID-19. I understand that the risk of becoming exposed to and/or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, and other clients and their families.
13.7 NomuHub will facilitate the COVID-19 PCR testing (if required) for the applicant to conduct before traveling back to the home country, the COVID-19 PCR test cost will be covered by the Applicant.