Terms of Service

Effective Date: 09/2021
Last Updated: 10/2024

Agreement to Terms

By accessing and using High Points Kayaking's website at www.highpointskayaking.com ("Website"), booking our services, or purchasing our products, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or services.

About Our Business

High Points Kayaking is a  Tour Guide based in Summerville, South Carolina, primarily serving customers in Dorchester and Berkeley counties. We provide kayaking rental and guides and sell excavation kits through our website and in-person consultations.

Services and Products

Service Bookings

• All service bookings are subject to availability and confirmation

• Service descriptions on our website are for informational purposes and may vary based on specific needs

• We reserve the right to modify, suspend, or discontinue any service at any time

• Final pricing may vary based on project scope, materials needed, and site conditions

Product Sales

• Product descriptions, images, and specifications are provided for informational purposes

• We strive for accuracy but cannot guarantee that all product information is complete or error-free

• Product availability is subject to change without notice

• Custom products may have different terms and timelines

Booking and Payment Terms

Appointments and Scheduling

• All appointments must be booked through our website or by direct contact

• Appointments are confirmed only after we send written confirmation

• We reserve the right to reschedule appointments due to weather, emergencies, or other unforeseen circumstances

• Customers must provide accurate contact information for appointment confirmations and updates

Payment Terms

• Payment is required at the time of booking for products

• Service payments may require a deposit with balance due upon completion

• We accept credit, debit, PayPal and PayPal Credit

• All prices are in US dollars and include applicable taxes unless otherwise noted

• Invoices not paid within 30 days may be subject to a 1.5% monthly service charge

Cancellation and Refund Policy

Service Cancellations

• Customer Cancellations: Must be made at least 24 hours before scheduled appointment to avoid cancellation fee

• Same-day cancellations or no-shows: May reschedule but no refund will be given

• Weather-related cancellations: Will be rescheduled at no additional charge and refund may be provided if rescheduling is not possible

Product Returns

• Products may be returned within 30 days of purchase in original condition

• Custom or personalized products are not eligible for return unless defective

• Customer is responsible for return shipping costs unless product is defective

• Refunds will be processed within 5-10 business days after we receive returned items

Refund Processing

• Refunds will be issued to the original payment method

• Processing fees and shipping costs are non-refundable unless we made an error

• Partial services completed cannot be refunded, but remaining services can be rescheduled

User Responsibilities

Accurate Information

• You must provide accurate and complete information when booking services or making purchases

• You are responsible for updating your contact information

• False or misleading information may result in service denial

Property Access and Safety

• For on-site services, you must provide safe and reasonable access to work areas

• You are responsible for securing pets and removing obstacles that could interfere with our work

• You must disclose any known hazards or special conditions at your property

Website Use

• You may not use our website for any unlawful purpose

• You may not interfere with the proper functioning of our website

• You may not attempt to gain unauthorized access to our systems

Intellectual Property

Our Content

• All content on our website, including text, images, logos, and designs, is owned by High Points Kayaking or our licensors

• You may not copy, reproduce, or distribute our content without written permission

• Our business name, logo, and trademarks are protected intellectual property

• We may post the pictures we acquire for the excursions onto social media and other advertising outlets

Your Content

• Any reviews, photos, or content you submit may be used by us for marketing purposes

• You represent that you have the right to submit any content you provide

• You retain ownership of content you submit but grant us a license to use it

Disclaimers and Limitation of Liability

Service Disclaimers

• We provide services with reasonable skill and care but cannot guarantee specific outcomes

• Results may vary based on conditions beyond our control

• We are not responsible for pre-existing conditions or damage not caused by our services

Product Disclaimers

• Products are provided "as is" without warranties beyond manufacturer warranties

• We are not responsible for damage caused by misuse or normal wear and tear

• Color variations in photos may occur due to screen settings

Limitation of Liability

• Our total liability for any claim shall not exceed the amount you paid for the specific service or product

• We are not liable for indirect, incidental, or consequential damages

• We are not liable for delays due to weather, emergencies, or circumstances beyond our control

Indemnification

You agree to indemnify and hold harmless High Points Kayaking, its owners, and employees from any claims, damages, or expenses arising from:

• Your use of our services or products

• Your violation of these Terms

• Your violation of any third party's rights

Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using our services, you consent to our privacy practices.

Geographic Limitations

Our services are primarily available in Dorchester and Berkeley counties, South Carolina. Travel fees may apply for locations outside our standard service area. Product shipping is available within the United States.

Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

Dispute Resolution

South Carolina Law

These Terms are governed by South Carolina state law without regard to conflict of law principles.

Local Resolution

We encourage you to contact us directly to resolve any disputes. Most issues can be resolved through open communication.

Legal Action

Any legal action must be brought in the state or federal courts located in Berkeley County, South Carolina.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to be valid and enforceable.

Contact Information

If you have questions about these Terms of Service, please contact us:

High Points Kayaking
Email: info@highpointskayaking.com
Phone: 262-515-9611
 

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These Terms of Service are designed for a South Carolina service and product business. For specific legal advice, please consult with a qualified attorney.