IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. By registering with TerrainTravellers through our online application form or otherwise, or by using the service(s) provided under these Terms of Service ("Terms"), you accept all terms and conditions of these Terms. If you do not agree to these Terms, please do not register with TerrainTravellers.
The term "you" as used herein refer to all individuals and/or entities identified in the Tour and/or Activity Operator/Vendor Registration form ("Account Owner") that registers for a TerrainTravellers Tour Operator Account ("TerrainTravellers Account") and all other persons authorized by the Account Owner to receive bookings (as defined below) under the account of the Account Owner.
TerrainTravellers provides a service that connects Tour and/or Activity Operators/Vendors to users of the TerrainTravellers website ("Users") who books trails and submits information (which include User contact information). The bookings are received by the Tour and/or Activity Operator/Vendor who has to service the trail itinerary of the User. For the purposes of these Terms, a "Tour and/or Activity Operator/Vendor" is any person or entity who acts as an agent of a supplier or sells or offers for sale any travel, transportation or vacation arrangements.
Registration with TerrainTravellers as a Tour and/or Activity Operator/Vendor is free of charge. By registering with TerrainTravellers and opening a TerrainTravellers Account, you represent and warrant to TerrainTravellers that all information submitted to TerrainTravellers is current, complete and accurate. You further agree that you will keep this information current and up to date. If you register with TerrainTravellers, TerrainTravellers will provide you with an individual password selected by you for your TerrainTravellers Account. You are responsible for keeping the password confidential and you are responsible for all activities that occur with the use of the TerrainTravellers Account, whether or not such use is authorized. You agree that you will not share your password with anyone else and if you discover any unauthorized use you will immediately inform TerrainTravellers of such use.
By registering with TerrainTravellers you agree that TerrainTravellers may send you from time to time communications notifying you of any TerrainTravellers promotions, contests and surveys.
If a user purchases a trail offered by you from the TerrainTravellers website, you will have to cater the itinerary at the then prevailing price of the trail as indicated on the online order form. You hereby expressly authorize TerrainTravellers to credit the price of the trail after deduction of applicable commission to the bank account(s) provided by you at the time of registration under or in connection with these Terms. TerrainTravellers charges the full amount of each booking/invoice at the time of order. If it becomes necessary to take action to receive payment, for any reason whatsoever, you agree to pay all costs and expenses of collection, including, but not limited to, attorneys' fees, the fees of any collection agency and court costs.
By getting the bookings you acknowledge and agree that (i) only the person obtaining the booking may contact the User, (ii) you will contact the User within forty-eight (48) hours of purchase; (iii) you will only contact the User via email or phone; (iv) you will not disclose, sell, transfer, assign or give any booking provided by or through TerrainTravellers to any other person or entity, (v) you will use the bookings solely for the purpose of catering the trail, (vi) you will comply with any and all applicable laws, rules and regulations and any applicable industry and ethical standards, (vii) you will not act or omit to act in any way towards a User that is fraudulent, deceptive, threatening, abusive, harassing, discriminatory, defamatory or invasive of that person's privacy, and (viii) you will not take any action designed to manipulate user feedback, reviews and ratings.
By submitting your Tour and/or Activity Operator/Vendor Profile to TerrainTravellers, you grant, represent and warrant that you have the right to grant to TerrainTravellers an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display, and distribute your Tour and/or Activity Operator/Vendor Profile (including, without limitation, any and all information, images and content contained therein) to Users and to prepare derivative works of, or incorporate into other works, your Tour and/or Activity Operator/Vendor Profile.
Tour and/or Activity Operator/Vendor may create Listings. To this end, you will be asked a variety of questions about the Trail to be listed, including, but not limited to, the location, capacity, itinerary, features, availability of the Trail and pricing and related rules and financial terms. Tour and/or Activity Operator/Vendor working with TerrainTravellers are responsible for making sure that their trail listings on the terraintravellers.com Marketplace are up-to-date so that travellers who wish to book their trails are presented with correct information. Tour and/or Activity Operators/Vendors are responsible for updating their tour information - either manually using the TerrainTravellers Dashboard or by supplying the TerrainTravellers team with a fully functional information over email. Listings will be made publicly available via the Services. Other Members will be able to book your Tours via the Services based upon the information provided in your Listing. You acknowledge and agree that you are responsible for any and all Listings you publish. Accordingly, you represent and warrant that any Listing you publish and the booking of, or Traveller taking of, a Trail in a Listing you publish will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) and will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any trail included in a Listing you publish, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and trails of public spaces and other venues and not conflict with the rights of third parties. Please note that TerrainTravellers assumes no responsibility for any Tour and/or Activity Operator/Vendor's compliance with any applicable laws, rules and regulations. TerrainTravellers reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that TerrainTravellers, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. You understand and agree that TerrainTravellers does not act as an insurer or as a contracting agent for you as a/Tour and/or Activity Operator/Vendor. If a Traveller requests a booking of your Trail and participates in your Trail, any agreement you enter into with such Traveller is between you and the Traveller and TerrainTravellers is not a party thereto.
Notwithstanding the foregoing, TerrainTravellers serves as the limited authorized agent of the Tour and/or Activity Operator/Vendor for the purpose of accepting payments from the traveller on behalf of the Tour and/or Activity Operator/Vendor and is responsible for transmitting such payments to the Tour and/or Activity Operator/Vendor, subject to these Terms. When you create a Listing, you may also choose to include certain requirements, which must be met by the Members/Users who are eligible to request a booking of your Trail. Any member/user wishing to book trails included in Listings with such requirements must meet these requirements. You acknowledge and agree that, as an operator, you are responsible for your own acts of commissions and omissions as well as of your representatives who are present during the group trail at your request or invitation, excluding the traveller. TerrainTravellers recommends that Tour and/or Activity Operator/Vendor obtain appropriate insurance for their Trails
If you are a Tour and/or Activity Operator/Vendor and a booking is requested for your Trail via the Services, you will receive a notification in your dashboard. You understand and agree that once a Traveller requests a booking of your Trail, the price for such booking shall not be altered after the booking confirmation without first obtaining the Travellers consent. When a requested booking is confirmed via the website, we may share with you the first and last name of the Traveller who has requested the booking. The Trail Cost / booking amount as displayed on the dashboard is set by you and shall be deemed to be all inclusive. The amounts due and payable by a Traveller solely relating to a Tour and/or Activity Operator/Vendor's trail are the "Tour Cost". Please note that it is you and not TerrainTravellers which determines the Trail Cost and you agree this Cost will be exactly the same Cost stated on your website.
TerrainTravellers is only liable to pay to the Tour and/or Activity Operator/Vendor the payments collected from the Traveller minus TerrainTravellers Service Fee/commission. Tour and/or Activity Operator/Vendor only shall be solely responsible to raise invoice in the name of the person who booked the Trail. TerrainTravellers shall be issuing only booking receipt/voucher to the Traveller. If a booking is found to be fraudulent by the TerrainTravellers Team, we will notify you and you must cancel the same forthwith.
Each Tour and/or Activity Operator/Vendor hereby appoints TerrainTravellers as the Tour and/or Activity Operator/Vendor's limited agent solely for the purpose of collecting payments made by Travellers on behalf of the Tour and/or Activity Operator/Vendor. Each Tour and/or Activity Operator/Vendor agrees that payment made by a Traveller to TerrainTravellers shall be considered the same as a payment made directly to the Tour and/or Activity Operator/Vendor and the Tour and/or Activity Operator/Vendor will make the Trail available to Traveller in the agreed upon manner as if the Tour and/or Activity Operator/Vendor has received the Payment. In accepting appointment as the limited authorized agent of the Tour and/or Activity Operator/Vendor, TerrainTravellers assumes no liability for any acts of commissions or omissions of the Tour and/or Activity Operator/Vendor..
In consideration for providing the Services, TerrainTravellers collects a service fee only from Tour and/or Activity Operator/Vendor ("Service Fees"). A Service Fee is made up of and based upon a percentage of the amount of the Trail Cost which is defined in the Tour and/or Activity Operator/Vendor's TerrainTravellers Terms & Conditions Where applicable, Taxes may also be charged in addition to the Service Fee. Services Fees are deducted from the Trail Cost before remitting the balance to the Tour and/or Activity Operator/Vendor. Tour and/or Activity Operator/Vendor acknowledge and agree that TerrainTravellers reserves the right, in its sole discretion, to introduce and collect other fees/charges/reimbursements from you in accordance with the Modification Section of these Terms. Please note that TerrainTravellers will provide notice of new fees/charges/reimbursements via the Services, prior to implementing such new features.
Though remittance of Net Trail Cost after deducting the service fee/charges/reimbursements, will be endeavoured to be honoured within the stipulated time, Terrain Travellers do not assume any responsibility for any delay resulting from any unwarranted and unforeseen circumstances beyond their control. Both the parties hereto shall bear their own respective banking remittance/collection costs. Service Fees/charges/reimbursements are non-refundable.
We respect other people's rights, and expect you to do the same. You will not post content or take any action on TerrainTravellers that infringes or violates someone else's intellectual property rights or otherwise violates the law We can remove any content or information you post on TerrainTravellers if we believe that it violates our Terms of Service
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate
If you notice any intellectual property infringement on TerrainTravellers, please bring it to our attention by writing to us at contact@TerrainTravellers.com
Users may from time to time submit feedback and reviews to TerrainTravellers about the services rendered by you in connection with your servicing of a Trail. You understand that TerrainTravellers may from time to time publish such feedback and reviews and use such feedback and reviews to rate the services rendered by you. You acknowledge that TerrainTravellers does not control, pre-screen and is not responsible for such feedback and reviews made that by receiving a booking you may receive feedback and reviews that are inaccurate, defamatory, offensive, indecent, inaccurate, misleading, discriminatory or otherwise objectionable.
Any reproduction, modification, creation of derivative works from or redistribution of any portion of the Website or Services to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TerrainTravellers. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website or Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website or Services.
You acknowledge and agree that TerrainTravellers owns, solely and exclusively, all rights, title and interest in and to the TerrainTravellers website (the "Website") including, but not limited to, all copyright, trademark, trade name, service mark, patent, trade secret, moral, database and other intellectual property and proprietary rights inherent therein or appurtenant thereto. All other trademarks, logos, and service marks (collectively the "Marks") used in the Website are the property of TerrainTravellers or their respective owners. Your use of the Website should not be construed as the granting, by implication or otherwise, any license or right to use any marks or any other proprietary rights without the prior written consent of TerrainTravellers or the third party owner thereof, as shall be relevant.
You represent, warrant and covenant to TerrainTravellers that (i) all persons authorized by the Account Owner to use the TerrainTravellers Account are Tour and/or Activity Operator/Vendor, (ii) you maintain all requisite licenses, certifications, accreditations and authorizations required for the conduct of the Tour and/or Activity Operator/Vendor business and all such licenses, certifications, accreditations and authorizations are valid and in good standing; (iii) you have the full right, power and authority to enter into these Terms, (iv) the execution of these Terms by you and your use of the bookings do not and will not violate any law or regulation or any agreement to which you are a party, and (v) you may not use any hardware or software intended to damage or interfere with the proper and timely functioning of any service offered by TerrainTravellers, or to surreptitiously intercept any system, data or personal information from TerrainTravellers
Either party may cancel these Terms at any time, with or without cause, by written notice to the other party. Notice of cancellation by you must include your full name, email address and password for proper identification. You may cancel by sending an email to TerrainTravellers, at email@example.com, with "cancel" typed in the subject field and the foregoing information included in the body of the message. TerrainTravellers may cancel by email notice at your last known email address. In the event of any pending remittance/collection by either party at the time of termination, TerrainTravellers will complete its obligation to fulfil any balance of bookings due to you and you shall be obligated to make payment in full for such obligations on your part; provided, however, if you contest a charge or have breached a payment or other obligation under these Terms, then TerrainTravellers shall have the right, at its discretion, to cease providing any further bookings to you. TerrainTravellers will not issue any cash refunds in the event of cancellation of services by either party.
YOU ACKNOWLEDGE THAT THE BOOKINGS ARE PROVIDED HEREUNDER "AS IS" WITH NO WARRANTY WHATSOEVER AND THAT YOUR USE OF ANY SERVICES PROVIDED BY TERRAINTRAVELLERS ARE AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT TERRAINTRAVELLERS DOES NOT INVESTIGATE OR OTHERWISE VERIFY ANY OF THE BOOKINGS. TERRAINTRAVELLERS DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT. TERRAINTRAVELLERS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT MAY BE OBTAINED AFTER THE BOOKING AND UNDER NO CIRCUMSTANCES WILL TERRAINTRAVELLERS BE RESPONSIBLE FOR ANY INTERACTIONS BETWEEN YOU AND ANY USER INCLUDING, WITHOUT LIMIATIONS. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TERRAINTRAVELLERS ACCEPTS NO LIABILITY IF IT IS UNABLE TO PERFORM A SERVICE AS A RESULT OF (I) A TECHNICAL PROBLEM WHICH IS NOT IN ITS CONTROL OR FOR WHICH IT IS NOT RESPONSIBLE FOR, OR (II) THE NON OR PARTIAL PERFORMANCE OF ANOTHER PARTY UPON WHICH IT IS DEPENDENT TO PERFORM A SERVICE.
TERRAINTRAVELLERS DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM (A) THE USE OR DISCLOSURE OF ANY BOOKING; AND (B) ANY TRANSACTION BETWEEN YOU AND A USER. WITHOUT LIMITING THE FOREGOING, TERRAINTRAVELLERS SHALL NOT BE LIABLE FOR DAMAGES EXCEEDING THE AMOUNT PAID BY YOU TO TERRAINTRAVELLERS IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT THAT GAVE RISE TO THE DAMAGES. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE BOOKING(S) AND/OR THE SERVICES PROVIDED BY TERRAINTRAVELLERS, YOU UNDERSTAND AND AGREE THAT TERRAINTRAVELLERS IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE SUCH A DISPUTE, YOU HEREBY RELEASE TERRAINTRAVELLERS, ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.
You shall indemnify and hold harmless TerrainTravellers (and its officers, directors, partners, agents, employees, successors and assigns) from and against any and all liability, damage, loss or expense, including reasonable attorney's fees, arising from any claim, demand, action or proceeding based upon or arising out of any use of a booking, use of any service provided by TerrainTravellers, or the breach or alleged breach of any of the representations and warranties or other terms and conditions set forth herein.
Please report any violations of these Terms of which you become aware by flagging the posting(s) for review, or by emailing to contact@TerrainTravellers.com. TerrainTravellers failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
These Terms are subject to change by TerrainTravellers at any time. TerrainTravellers will notify you of any changes by email. Changes shall become effective as per the notification emailing to you of such new terms. Your failure to notify us unacceptance of these Terms shall constitute your agreement to be bound by the new terms.
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You agree that no joint venture, partnership, employment, or agency relationship exists between you and TerrainTravellers as a result of these Terms or use of any of TerrainTravellers services. There are no third party beneficiaries of these Terms. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. By choosing to give your number to use our services, you give the consent to receive SMS from TerrainTravellers. No waiver of any term or condition of these Terms will be valid or binding on a party unless agreed upon by such party in writing. The terms and conditions contained in these Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous agreements and understandings, whether oral or written. The following sections survive any termination of these Terms: "Registration", "Trail Bookings", "Proprietary Rights", "Representations and Warranties", "Termination", "Disclaimer of Warranties", "Limitation of Liability", "Indemnification" and "Miscellaneous".