Terms & Conditions
Version: August 20, 2025
1. Platform Holder Identification
The present digital platform Shaka Nomad (hereinafter referred to as the “Platform” or the “App”) is owned by Ricci Borisov OÜ, registration number 17272027, registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117, Estonia.
User service and support: through the Support Center.
2. Purpose and Acceptance of Terms and Conditions
These Terms and Conditions (the “Terms”) govern access, browsing, registration, and use of the Platform by users, whether they are customers (hereinafter, ‘Customers’) or experience providers (hereinafter, “Providers”). Shaka Nomad acts as a technological/commercial intermediary between Customers and Providers, facilitating the search, booking, payment, and communication for in-person experiences (e.g., classes, tours, sports activities, etc.). Use of the Platform implies express acceptance of these Terms and the related policies.
3. Access and Registration
3.1. Access is free; certain services may be subject to a fee.
3.2. To register as a Customer or Provider, you must be of legal age and have legal capacity.
3.3. The user declares that the information provided is accurate, complete, and up to date, and undertakes to keep it up to date.
3.4. Shaka Nomad may suspend or cancel accounts in the event of evidence of fraud, breach of these Terms, or inactivity for more than 12 months.
3.5. Provider registration requires identity and bank details verification through Stripe Connect (KYC/AML). The provider accepts Stripe's terms and conditions upon completing their registration. (see conditions at stripe.com/connect).
4. Use of the Platform and Moderation
4.1. The user agrees to use the Platform in a lawful, diligent, and respectful manner.
4.2. Use for unlawful, harmful, fraudulent, or purposes contrary to public order or these Terms is prohibited.
4.3. User-generated content is the sole responsibility of the user; Shaka Nomad may moderate, hide, or delete content and suspend services/listings in the event of risks, fraud, or breaches.
5. Specific Terms and Conditions for Customers
The Customer agrees to comply with the Provider's rules, including the conduct and safety guidelines indicated during the experience, and must provide accurate and up-to-date information at the time of booking.
5.1. Bookings
Customers may search for, reserve, and contract experiences offered by Providers through the Platform. The reservation is confirmed after completing the purchase process and payment is accepted.
5.2. Payments
Payments are processed through secure payment gateways (Stripe, PayPal) in the currency selected by the user. Shaka Nomad may act as the Provider's collection agent for the purpose of facilitating the transaction.
5.3. Changes and Cancellations
• The applicable policy is displayed for each Experience and is supplemented by the Changes and Cancellations Policy.
• The Customer may cancel within the specified period to receive the corresponding refund. Outside this period, there will be no refund except in exceptional circumstances (e.g., force majeure, according to the general policy).
• No show or late arrivals are considered full consumption of the Experience, in accordance with the published policy.
5.4. Conduct and safety
The Customer agrees to comply with the Provider's rules and the safety guidelines indicated.
5.5. Reviews
Customers may leave reviews and ratings, which must be truthful, relevant, and respectful. Shaka Nomad may moderate, hide, or delete them if they include offensive or discriminatory language, or language unrelated to the Experience, or if there are signs of manipulation.
6. Specific Terms and Conditions for Providers
6.1. Registration and verification
Providers must register through an identity verification process via Stripe Connect.
6.2. Responsibility for the service
The Provider is solely responsible for the legality, quality, safety, and execution of the Experiences, and for ensuring that they comply with applicable regulations (safety, health, insurance, consumer protection, tourism, etc.).
6.3. Commission
For the services of searching for and promoting Experiences, customer acquisition, payment processing and reconciliation, KYC/AML verification, fraud and chargeback prevention, user support, and Platform maintenance, Shaka Nomad will apply a commission of 16–20% on each confirmed transaction (unless otherwise agreed in writing). The specific percentage within that range is determined according to the category of the experience, location, sales volume, and current commercial conditions, and will be shown to the Provider in their Dashboard/Commercial Agreement. The commission is calculated at the time of the price indicated by the Provider and does not affect already confirmed reservations if there are future changes in the rate (which will be notified at least 15 days in advance).
6.4. Listings and availability
The Provider shall keep descriptions, prices, taxes, inventory, and availability up to date; it shall manage reservations, changes, and cancellations in accordance with published policies.
6.5. Taxes and invoicing
The Provider shall include all applicable taxes (VAT or others) in the total price and shall issue the corresponding invoices to the Customer, declaring and remitting said taxes to the competent authority. Shaka Nomad acts as a commercial agent and invoices only its commission to the Provider, declaring the VAT corresponding to its own intermediation service.
6.6. Payments and collections
Collections from the Customer and payments to the Provider are managed through Stripe Connect, which will make transfers to the Provider's account according to its settings and terms. The Platform may temporarily withhold funds in the event of suspected fraud, chargebacks, or disputes.
6.7. Insurance
The Provider must have adequate coverage for its activity. For risky activities, valid and sufficient civil liability insurance is required.
6.8. Behaviour and Communication
Any discriminatory, harassing, or unsafe conduct is prohibited. The Provider may not communicate with Clients outside the Platform; all communication must be carried out through the internal messaging system and responded to within ≤24 hours.
6.9. Cancellations by the Provider
The provider may not cancel without a valid reason, those specified in the Extenuating Circumstances Policy. Doing so may result in penalties, including cancellation fees or reputational measures.
6.10. Customer Data
The Provider may only process personal data that is strictly necessary to provide the Experience, and must protect it, not transfer it to third parties without legal basis, and delete it when it is no longer necessary, except for legal retention obligations.
6.11. Performance and compliance
The Provider shall provide the services as described on the Platform and shall comply with all applicable regulations.
7. Relationship between Customer and Provider
7.1. The contractual relationship for the Experience is established directly between the Customer and the Provider.
7.2. Shaka Nomad is not a party to this contract and does not guarantee the availability, accuracy, quality, or suitability of the Experiences.
7.3. In the event of a dispute, the Customer and Provider shall attempt to reach a direct solution. Shaka Nomad may mediate on a voluntary and non-binding basis, without assuming any legal obligation.
8. Intellectual and Industrial Property
8.1. The Platform, its software, designs, trademarks, and content are protected by intellectual and industrial property rights.
8.2. The reproduction, distribution, public communication, or exploitation without authorization is prohibited.
8.3. Providers authorize Shaka Nomad, on a non-exclusive, worldwide, free, and sublicensable basis, to use photos, descriptions, and trademarks for the purpose of promoting and selling their Experiences on the Platform and associated channels.
9. Protección de Datos Personales
9.1. Shaka Nomad will process data in accordance with the GDPR (Regulation (EU) 2016/679) and Estonian regulations. More information in the Privacy Policy.
9.2. Processing roles: Shaka Nomad is responsible for processing account, support, and Platform usage data.
The Provider acts as an independent controller with regard to its Customers' data necessary to provide the Experience.
Stripe and other gateways may act as independent controllers and/or processors for payments and identity verification, according to their own policies and legal basis.
9.3. User rights: access, rectification, erasure, objection, restriction, portability, and others provided for by law, exercisable in accordance with the Privacy Policy.
9.4. Payment/identity data is managed through Stripe Connect (see their privacy policy at stripe.com/privacy).
10. Prices, commissions, and currencies
10.1. The Provider sets the price for Experiences. The price presented to the Customer in the Service Offer must be the total, all-inclusive price, reflecting all applicable taxes, fees, and mandatory charges. The Provider is expressly forbidden from soliciting any additional payments from the Customer for fees that were not clearly disclosed within the Service Offer prior to purchase.
10.2. Shaka Nomad applies the Commission indicated in point 6.3.
10.3. Transactions may be carried out in different currencies; the amounts shown may vary due to exchange rate changes or fees charged by the payment provider.
11. Limitation of Liability and Warranties
11.1. The Platform is provided “as is”. Shaka Nomad does not guarantee uninterrupted availability, absence of technical errors, or third-party content.
11.2. The execution of the Experience is the sole responsibility of the Provider.
11.3. To the maximum extent permitted by law, Shaka Nomad shall not be liable for indirect damages, loss of profits, or loss of opportunity. Nothing in these Terms excludes or limits liabilities that cannot be excluded by law (e.g., for fraud or gross negligence).
11.4. Shaka Nomad may withhold payments or suspend Reservations in the event of reasonable suspicion of fraud, inaccuracies, or disputes.
11.5. Force majeure: neither party shall be liable for any failure to perform due to events beyond its reasonable control (e.g., natural disasters, government orders, network disruptions, conflicts, pandemics).
12. Prohibitions and Measures
12.1. The following is prohibited:
• Evading commissions, disintermediating, or closing transactions outside the App.
• Posting illegal, misleading, defamatory content or content that infringes on the rights of third parties.
• Manipulating reviews or ratings..
• Violating sanctions or export laws.
12.2. Shaka Nomad may apply proportional measures: warnings, suspension/cancellation of accounts, removal of content, withholding of funds, and others provided for by law.
13. Modification of Terms and Conditions
We may modify these Terms at any time. We will notify registered users of any changes in advance. Continued use after the changes take effect implies acceptance.
14. Duration, Account Closure, and Cancellation
14.1. These Terms apply for as long as the user uses the Platform.
14.2. The user can cancel their account at any time from the settings or by requesting it through the enabled channels.
14.3. Shaka Nomad may cancel accounts for non-compliance, fraud, or inactivity exceeding 12 months.
15. Dispute Resolution, Applicable Law, and Jurisdiction
15.1. These Terms are governed by Estonian law.
15.2. Disputes shall be submitted to the courts of Tallinn, unless consumer regulations or the consumer's place of residence stipulate otherwise.
15.3. If you are a consumer in the EU, you can use the European Commission's ODR platform: https://ec.europa.eu/consumers/odr.
15.4. Notwithstanding the foregoing, Shaka Nomad will offer support and non-binding mediation to facilitate amicable agreements.
16. Final Provisions
16.1. Independence of clauses: the invalidity of one clause shall not affect the others.
16.2. No waiver: failure to exercise a right shall not imply waiver.
16.3. Assignment: Shaka Nomad may assign its contractual position in the event of restructuring or business transfer, in accordance with applicable regulations.
16.4. Languages: in the event of any discrepancy between language versions, the version published in the App indicating its reference language shall prevail.
18. Related Documents
• Changes and Cancellations Policy
• Extenuating Circumstances Policy
• Professional Provider Adherence Contract
• Individual Provider Adherence Contract
Version: August 20, 2025