Last updated: December 1, 2014
Please read these Terms and Conditions ("Terms", "Terms and Conditions", “T&C”) carefully before using the www.Tribearound.com website (the "Service" or “Platform”) operated by Tribearound ("us", "we", or "our"). If you are using the Site, Application or Services you are contracting with Tribearound.com LTD with respect to use of the Tribearound Site, Application or Services and with respect to any payments or payouts from or to you conducted through the Site, Application or Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
Tribearound.com LTD, the owner of the www.tribearound.com website and related services, is a private company registered with Company Number 08994891 at Companies House, England, UK.
Below the definition of terms used in this T&Cs:
Users refers to anyone who is registered in the platform and have access to the restricted content of the platform.
Host refers to a user of the platform who has listed an experience on our website or mobile application. The listed experience can be visible to every user of the platform (“public”) or only to part of them.
Guest refers to a user of the platform who either has requested to participate to an experience or has been booked or bought an experience confirmed to participate to an experience created by a host.
Event or Experience refers to the Add Value Services (not transactional services) that are listed by the hosts and available for to the Guest, including but not limited to Food activities, City Discovery Tour , Master Classes. Any Event or Experience may have multiple occurrences that refers times and dates when the same type of experience takes place.
Booking definition refers to the process of requesting to participate an experience within the platform. The Guest can place a booking request to the host. If the Host accepts/rejects the request the booking will become accepted/rejected. The booking will stay in the Pending Approval (“Pending Approval Booking”) until the Host approves or rejects it.
Users of the platform have to comply with the legislation applicable with respect to the services available on our platform. In particular, hosts should have to understand how the laws work in their respective countries/cities. Some cities have laws that restrict their ability to host paying guests for short periods. These laws are often part of a city’s zoning or administrative codes. In many cities, hosts must register, get a permit, or obtain a license before listing a property or accepting guests. Certain types of experiences bookings may be prohibited altogether by the law applicable in the hosts jurisdictions (or whatever legislation applicable to delivering the experiences on the platform). Local governments vary greatly in how they enforce these laws. Penalties may include fines or other enforcement. Hosts should review local laws before listing an experience on Tribearound and users should not book an experience that does not comply with the applicable laws.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The site, application and services comprise an online social platform through which users may connect to each other. Users (defined hosts) may also create listings for events and other users (defined guests) may learn about and book events directly with the hosts. You understand and agree that tribearound is not a party to any agreements entered into between hosts and guests, nor is tribearound a real estate broker, agent or insurer. Tribearound has no control over the conduct of hosts, guests and other users of the site, application and services or any events, and disclaims all liability in this regard to the maximum extent permitted by law.
You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or collective content. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
The Site, Application and Services may be used to facilitate the meeting of users and the listing and booking of events. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Event or create a Listing, you must first register to create an Tribearound.com Account (defined below).
As stated above, Tribearound.com makes available an online social platform and a marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of events with each other. Tribearound.com is not an owner or operator of any properties to facilitate the experiences unless stated otherwise. Unless explicitly specified otherwise in the Tribearound.com platform, Tribearound responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
Please note that, as stated above, the site, application and services are intended to be used to facilitate hosts and guests connecting and booking events directly with each other. Tribearound.com cannot and does not control the content contained in any listings and the condition, legality or suitability of any events. Tribearound.com is not responsible for and disclaims any and all liability related to any and all listings. Accordingly, any bookings will be made at the guest’s own risk.
In order to access certain features of the Site and Application, and to book an Event or create a Listing, you must register to create an account (“Tribearound Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Tribearound.com Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Tribearound.com through the Site, Services or Application; or (ii) allowing Tribearound.com to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Tribearound.com and/or grant Tribearound.com access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Tribearound.com to pay any fees or making Tribearound.com subject to any usage limitations imposed by such third-party service providers. By granting Tribearound.com access to any Third-Party Accounts, you understand that Tribearound.com will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Tribearound.com Account and Tribearound.com Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Tribearound.com Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Tribearound.com’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Tribearound.com Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Tribearound.com makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Tribearound.com is not responsible for any SNS Content.
You may not have more than one (1) personal active Tribearound.com Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Tribearound.com reserves the right to suspend or terminate your Tribearound.com Account and your access to the Site, Application and Services if you create more than one (1) personal Tribearound.com Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Tribearound.com Account, whether or not you have authorized such activities or actions. You will immediately notify Tribearound.com of any unauthorized use of your Tribearound.com Account
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Tribearound.com uses "cookies" in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g. your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information.
Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Tribearound.com
Tribearound.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tribearound shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
As a User, you may create Listings. Other User will be able to book your Experience via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Events, you may not request the Guest to pay a higher price than in the booking request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Event in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Event included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Tribearound assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Tribearound reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Tribearound, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Tribearound’s then-current Policies and Community Guidelines or otherwise harmful to the Site, Application or Services.
If you are a Host, you understand and agree that Tribearound does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Event and stays at your Event, any agreement you enter into with such Guest is between you and the Guest and Tribearound is not a party thereto. Notwithstanding the foregoing, Tribearound Payments serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).
Tribearound does not endorse any Member or any Event. You understand that Verified Images and Videos are intended only to indicate a photographic representation of the Event at the time the photograph or the video was taken. Verified Images and Videos are therefore not an endorsement by Tribearound of any Member or any Event. Members are required by these Terms to provide accurate information, and although Tribearound may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Tribearound about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to deal with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
All Hosts, who have listed an experience in our platform, are required to approve or reject the bookings received in regards to an experience within 24 hours period from the received notification (and anyhow before the planned starting of the experience), if not otherwise specified by Tribearound (Tribearound reserves the rights to review this period in its sole discretion). In case the host will be unable to approve or reject the booking, the booking will be automatically cancelled and any payment transaction from the Guest will be refunded. The Host can select the currency for the price of the experience created.
Some experience will not require approval by the host (e.g. the free experiences) and the booking will automatically being considered as accepted for the guests.
The host has to comply with the standard of conducts specified below.
All Users of the platform can request a booking on an experience listed on our website does becoming a potential host. All booking request will stay on pending approval status until the host of the experience will approve or reject the request for booking. All experience with the status pending approval will be visible in the Guest “My Experience” page. If the booking will not be approved/rejected within 24 hours from the booking request sent from the user, the request will be automatically cancelled and a notification will be sent to the Guest.
Not all experience will require approval by the host (e.g. free experiences) and the booking will be automatically confirm and the experiences considered approved.
During the payment process you will need to authorize Tribearound to collect the total price of the experience from your account. However the transaction won’t be charged until the Host will approve the experience and the booking will be confirmed. The transfer will involve 100% of the cost of the experience unless otherwise specified (In special situation the guest will be required to pay only part of the amount upfront in the platform and pay any additional charges directly to the host).
To the booking experience the Guest refund and cancellation policies apply.
The payment process for an experience requires the guest to authorize a future payment transaction that will be processed in case the host will approve the related booking request. In case of approval the cost of the experience plus the service fees, defined below, will be charged to the guest account.
Service fees represent the cost charged by Triberound to the guest to cover the expenses related to run the platform, process the payments and pay the host for the experience.
The price paid by guest for any experience listed on our website does include all the service fees, no hidden charge is present on the platform
Both Guests and Hosts can originate a cancellation process. However depending who is originating the cancellation, and when the cancellation is requested, the refund processes may be different.
If the Host cancels an experience before approving any booking request related with the specific occurrence of that experience, the Guest transaction will be cancelled. There will be no charges for the guest and the experience will disappear from the “My Experience” page. The guest will be notified by email and/or internally in the notification section of our platform, in case of host-cancellation of a pre-booked experience.
If the Host cancels an experience after a booking has been confirmed to the host, the guest will receive full refund of the amount paid for the experience including all service fees. The cancellation will be notified by email and/or internally in the notification section of our platform
If the Guest request to cancel a booking, he will be refunded only a partial amount depending on how long (days and hours) before the experience will take place.
In order to promote trust and the correct use of the platform, Tribearound offers a payment protection scheme for Guest in the form of a refund policy. Our refund policy consists in a refund of the cost incurred by the guest in paying for an experience. The partial of total refund of the cost of the experienced will be issued based on an internal investigation through which Tribearound will verify any misconduct on providing the service by the host.
For every experience that Guest has attended, the guest has the possibility to fill a complain form up to 48 hours after the experience has been concluded. Complaints have to be sent to firstname.lastname@example.org and have to include the following information: 1) experience name and internet address 2) a detailed description of reasons for the complaint and the refund request amount 3) PayPal transaction number reference.
Accepting these T&Cs you accept and recognize to Tribearound the authority to resolve in good faith the dispute between you and the host. In specific case Tribearound would require the law authority applicable in the United Kingdom to support the dispute resolution.
In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Event (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Guest authorizes Tribearound, on behalf of the Host, to collect the Total Fees and the Host agrees that such Tribearound entity will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.
Tribearound may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Tribearound will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Tribearound may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Tribearound to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Tribearound cannot and does not offer Tax-related advice to any Members.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Event.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms, including the Service Fees, at any time and without prior notice. What constitutes a material change will be determined at our sole discretion. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification by email. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Tribearound. Tribearound reserves the right to investigate and take appropriate legal action against anyone who, in Tribearound’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Tribearound, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Tribearound or its users to any harm or liability of any type;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
Violate any applicable local, state, national or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Solicit personal information from anyone under the age of 18;
Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;
Offer, as a Provider, any Experiences that you do not yourself have permission to provide (without limiting the foregoing, you will not list Experiences as a Provider if you are serving in the capacity of an agent for a third party);
Offer, as a provider, any Experience that may not be provided pursuant to the terms and conditions of an agreement with a third party;
Contact a Provider for any purpose other than asking a question related to a booking, such Provider’s Experiences or Profiles;
Contact a User for any purpose other than asking a question related to a booking or such User’s use of the Services;
When acting as a Traveler or otherwise, recruit or otherwise solicit any Provider or other user of the Services to join third party services or websites that are competitive to Tribearound, without Tribearound’s prior written approval;
Use the Services to find an experience and then complete a booking of an Experience transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Tribearound’s provision of the Services; or
As a Provider, submit any Profile or Itinerary with a false or misleading price information.
Systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
Attempt to probe, scan, or test the vulnerability of any Tribearound system or network or breach any security or authentication measures;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
Advocate, encourage, or assist any third party in doing any of the foregoing.
If you have any questions about these Terms, please contact us at email@example.com