Cruise Unique – App Terms of Use
PLEASE READ THESE TERMS CAREFULLY.
BY DOWNLOADING, INSTALLING, OR USING THE CRUISE UNIQUE APP, YOU AGREE TO THESE TERMS.
IF YOU DO NOT AGREE, DO NOT USE THE APP.
1. Who We Are and What This Agreement Does
These terms (“Agreement”) are between Cruise Unique Limited, 1900 NE 3rd Street, Suite 106, Bend, Oregon, 97701, USA (“Cruise Unique,” “we,” “us,” or “our”), and you (“you” or “user”).
We license you to use:
- The Cruise Unique mobile application software and any updates or upgrades (“App”)
- The related electronic documents (“Documentation”)
- The services, functionalities, and content accessible through the App (“Services”)
All subject to this Agreement.
2. Your Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information in compliance with U.S. federal and Oregon state privacy laws.
You can view our Privacy Policy at:
https://cu.bkg.digitaltravel.network/privacy-policy
3. Other Terms That May Apply
- Our Cookie Policy, which explains how cookies and similar technology are used in the App
- Our Booking Terms & Conditions, which apply to all bookings and purchases made through the App
Deleting the App does not cancel any booking made through it. To amend or cancel a booking, contact Cruise Unique customer support at 888-717-5074 or email hello@cruiseunique.com.
4. App Store Terms Also Apply
Use of the App may also be subject to the rules and policies of:
- Apple App Store
- Google Play Store
If there is any conflict between store rules and this Agreement, the app store’s terms will prevail.
5. Operating System Requirements
To use the App you need:
- A compatible iPhone or Android device
- At least 2GB of device memory
- At least 50MB of available storage
- iOS 12 or later, or Android 5.1 (Lollipop) or later
6. Support and Contact Information
For help or to report problems with the App, contact:
Cruise Unique Customer Support
Phone: 888-717-5074
Email: hello@cruiseunique.com
7. How We Communicate With You
We may contact you by email, in-app notification, or SMS using the contact details you provided.
8. Your License to Use the App
So long as you comply with these terms, Cruise Unique grants you a personal, non-exclusive, non-transferable, revocable license to:
- Download, install, and use one copy of the App on your device
- Use the App and Services for personal, non-commercial use
- Access Documentation and any updates or patches we release
You must be 18 years or older to use the App.
9. Changes to These Terms
We may modify this Agreement to reflect changes in law, best practices, or new features.
We will notify you through the App or by email at least 30 days before changes take effect.
If you do not agree to updated terms, you must stop using the App and uninstall it.
10. Updates to the App
We may update the App automatically to improve performance, security, or functionality.
If you decline updates, some features may not work, and you may lose access to the Services.
11. If You Don’t Own the Device
If you install the App on a device you do not own, you must have the owner’s permission.
You are responsible for compliance with this Agreement.
12. Third-Party Websites and Links
The App may contain links to independent third-party sites.
We are not responsible for the content, policies, or practices of those sites.
Use them at your own discretion.
13. License Restrictions
You agree not to:
- Rent, lease, sell, sublicense, or share the App or Services
- Copy the App except for normal use or backups
- Modify, translate, or create derivative works
- Reverse engineer or attempt to discover source code
- Remove or alter proprietary notices
- Use the App in violation of U.S. export control laws
14. Acceptable Use Restrictions
You must not:
- Use the App unlawfully or for fraudulent purposes
- Transmit viruses or malicious code
- Upload defamatory, illegal, or offensive material
- Interfere with App security or other users
- Harvest or scrape data from the App
- Attempt to gain unauthorized access to our systems
15. Intellectual Property Rights
All intellectual property rights in the App, Documentation, and Services belong to Cruise Unique or our licensors.
You acquire no ownership rights in the App or any related content.
16. Our Responsibility for Loss or Damage
What We Are Liable For (U.S. Law)
We are liable for:
- Damage caused by our negligence resulting in bodily injury or death
- Fraud or intentional misconduct
- Defective digital content that damages your device (unless you refused updates)
What We Are Not Liable For
To the fullest extent permitted by U.S. law, we are not liable for:
- Loss of profits or business
- Loss of data
- Indirect, incidental, or consequential damages
- Losses arising from third-party services or websites
The App is provided “as is” without warranties of any kind.
17. Suitability and Backups
The App is not tailored to your individual requirements.
You should back up any data used with the App.
18. Events Outside Our Control
We are not responsible for failures or delays caused by events beyond our reasonable control (e.g., natural disasters, network outages).
We will notify you and try to reduce the impact.
19. Ending Your Rights to Use the App
We may suspend or terminate your access if you seriously breach these terms. If this occurs:
- You must stop using the App
- You must uninstall it from your device
- We may remotely disable the App
20. Transferring This Agreement
We may transfer our rights and obligations to another entity (e.g., if Cruise Unique is acquired).
We will notify you if this happens.
You may not transfer your rights under this Agreement without our written consent.
21. No Third-Party Rights
This Agreement does not grant rights to anyone other than you and Cruise Unique.
22. Severability
If any part of this Agreement is found to be unlawful, the remaining terms continue in full force.
23. Delay in Enforcing This Agreement
If we delay enforcing any part of this Agreement, we may still enforce it later.
A failure to enforce is not a waiver of rights.
24. Governing Law and Dispute Resolution
These terms are governed by:
- The laws of the State of Oregon, and
- Applicable U.S. federal law
You agree that:
- Any legal action must be brought in state or federal courts located in Oregon, and
- You submit to the personal jurisdiction of these courts
25. Binding Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
By using the Cruise Unique App, you agree to resolve disputes with us through binding arbitration and not in court, except for matters that may be taken to small claims court.
25.1 Agreement to Arbitrate
To the fullest extent permitted by law, you and Cruise Unique agree that any dispute, claim, or controversy arising out of or relating to:
- These Terms of Use
- The App
- The Services
- Any booking or transaction made through the App
- Your relationship with Cruise Unique
will be resolved through final and binding arbitration, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
The arbitrator has exclusive authority to resolve all disputes relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate.
25.2 Exceptions
Either party may bring:
- Individual claims in small claims court, if eligible
- Claims for injunctive relief relating to intellectual property rights or unauthorized access/security breaches
25.3 No Class Actions
To the fullest extent permitted by law, you and Cruise Unique agree that arbitration will be conducted only on an individual basis, and not as a class action, collective action, private attorney general action, or any other proceeding where one party acts or proposes to act in a representative capacity.
The arbitrator may not consolidate more than one person’s claims.
You waive any right to participate in a class action or class arbitration.
25.4 Location
Arbitration will take place:
- In Bend, Oregon, or
- By video conference or remote appearance if agreed by both parties or required under AAA rules
25.5 Governing Law
This arbitration agreement is governed by:
- The Federal Arbitration Act (FAA), and
- Applicable Oregon state law, where not preempted by federal law
25.6 Arbitration Costs
Cruise Unique will pay any arbitration filing fees and arbitrator fees that exceed what you would have paid to file a lawsuit in court, consistent with AAA Consumer Rules.
25.7 Opt-Out Right
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to:
Cruise Unique Limited
1900 NE 3rd Street, Suite 106
Bend, Oregon, 97701
Email: hello@cruiseunique.com
Your opt-out notice must include:
- Your full name
- The email associated with your Cruise Unique account
- A clear statement that you wish to opt out of arbitration
Opting out does not affect your other rights or obligations under these Terms.
25.8 Survival
This arbitration agreement survives:
- The termination of your rights under this Agreement
- The removal of the App from your device
- The closure of your Cruise Unique account
