This document sets forth the general terms and conditions between theXperience (“XP”) and users who use our services to purchase experiences and other related products (“You”) from individuals or groups or entities in any form who provide experiences and other related products and services (“Local Experience Providers”). This Agreement explains how You purchase experiences and other related products and specifically limits the liability of XP.
Please read the Agreement carefully before You use the site and its services. Use of the site hereby certifies and constitutes an agreement to all terms and conditions in this Agreement and You warrant that you understand, agree and accept all terms and conditions as mentioned here.
XP reserves the right to modify terms and conditions as mentioned in the Agreement. Please check the site regularly for modifications. Continued use of the site hereby warrants that You understand, agree and accept the aforementioned changes as and when they take place.
1. General Service Description
XP is a creator and curator of innovative real-life and virtual experiences and seeks to connect You with Local Experience Providers. We do this through our website www.thexperience.co(“WS”) which is designed to provide You with access to data, information, points of interest, activities, special deals, experiences, and offers (“Experiences”). WS is also a payment processing system between You and Local Experience Providers.
You understand that all Local Experience Providersunless mentioned otherwise, represented on the WS are independent contractors and that the Local Experience Providers are not employees or agents of XP, unless mentioned otherwise. You hereby represent, understand and expressly agree that XP does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Local Experience Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Local Experience Providers.
XP does however use its best efforts to monitor Local Experience Providers - their profiles, service offerings, actions and comments, and suspend privileges to any Local Experience Providersnot adhering to policies of XP. By using this Site, You agree to report any alleged improprieties of any Local Experience Providers to XP immediately.
2. User Transaction Terms
You may seek the services of Local Experience Providersthrough the use of WS. Once Local Experience Providers has/have accepted your request for service and your payment has been processed, there is a binding contract between You and the Local Experience Providers.
Payments executed through the site are processed by third party payment processing partners. For further information, please contact Experience Providers’s credit & debit card processing company(ies). You hereby agree to hold Experience Providersnot liable for any damages that may result should any personal information about You be released by any third parties.
In addition to the fees You pay for Experiences, You acknowledge that Experience Providers reserves the right to charge for any portion of the Service (“SF”) and to change its SF as per its discretion. If You dispute any charges You must let XP know within thirty (30) days after the date that we charge You. If XP terminates your account and use of the WS because You have breached these Terms of Agreement, You shall not be entitled to the refund of any unused portion of fees or payments (if any). SFs are also non-refundable.
3. Cancellation Policy
If You wish to cancel or seek a refund for your Experiences, then please send an email to thexperience1985@gmail.com to learn more about our cancellation policy.
4. Acceptance of Risk and Waiver of Liability
You acknowledge that all travel involves an element of risk and that some Experiences offered on the WS may be of a nature that may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release XP and the Local Experience Providers from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the Experiences offered on the WS or as a result of the negligence of any party, including the Local Experience Providers or any employee, officer, agent, contractor or assign of XP, whether such negligence is passive or active.
Prior to Experiences commencement, the Local Experience Providers may ask You to sign a Liability Release.
Whether the Liability Release is required is disclosed when You use the WS to book an Experience.
It is strongly advised that You obtain suitable medical insurance prior to booking an Experience with a Local Experience Provider.
Purchasing of goods during Your Experiences not recommended and neither XP or Local Experience Providers make claims or guarantee the quality, source or sustainability of goods which may be available for purchase.
5. Prohibition of Use
The WS may not be used to recruit, solicit, or contact Local Experience Providersfor employment or contracting for a business not affiliated with XP unless you first obtain express written permission from XP.
You must be 18 years of age or older in order to use, register and purchase Experiences of WS. If You are under 18 years of age, You are hereby prohibited from using the WS products and services or purchasing as well as registering or booking or contacting a Local Experience Providers.
6. User Information
You are required to register with XP in order to access and use certain features of the Experiences.
You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the WS. XP is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
XP will only use Your information in accordance with our Privacy Policy. XP will use its best efforts to ensure the privacy of all other personal information, however we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold XP harmless and not liable for any damages that may result.
XP uses a third party service to process your credit and debit card information, therefore we have no access to Your credit card information. For further information regarding that service, please contact XP's credit card processing company.
7. Modification and Alterations to this Agreement
XP reserves the right to make changes, amendments and modifications to this Agreement from time to time. XP shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the WS.
Please check the site regularly for modifications. Continued use of the site hereby warrants that You understand, agree and accept the aforementioned changes as and when they take place.
8. Intellectual Property Rights
The content on the WS, including without limitation, all User Submissions, the text, documents, products, software, scripts, graphics, photos, sounds, interactive features, services, provided on this WS and any other content on the WS ("IP") and the trademarks, service marks and logos contained therein ("Logos"), are owned by or licensed to XP by their respective owners. IP on the WS is provided to You "AS IS" for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without XP’s prior written consent. XP reserves all rights not expressly granted in and to the WS. You may not copy, download, use redesign, reconfigure, or retransmit anything from the WS without the prior written permission of XP.
9. Trademark Rights Notice
The service marks and trademarks XP and the XP logo are Logos owned by XP. Any other trademarks, service marks, logos and/or trade names appearing on the WS are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of XP or the applicable owner.
10. Privacy Policy
XP is committed to ensuring the privacy of the information You give us. Our privacy policy can viewed on the WS.
11. Disclaimer on Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THIS WS IS AT YOUR SOLE RISK. GT DOES NOT WARRANT THAT THE WS WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WS, OR AS TO THE ACCURACY, RELIABILITY OR IP OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WS. THE WS IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability
Under no circumstances will XP be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any Experiences or other services purchased from the WS. Furthermore, the TOTAL liability of XP arising with respect to this Agreement and the WS shall in no event exceed the total amounts paid by You to XP under this Agreement.
13. Notice
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
14. Legal Claims
For all disputes between XP and You relating to the WS, this Agreement, transactions facilitated or conducted through the WS, Experiences ordered or purchased through the WS, dealings between You and XP, or any related matters ("Disputes"), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of the city of London, United Kingdom (UK), and You hereby irrevocably submit to the exclusive jurisdiction of the courts of the city of London, UK, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the city of London, UK, within three (3) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.
15. Local Experience Providers Additional Terms
If you are using the WS to offer Experiences for sale (a "Local Experience Providers"), then the terms of this section additionally apply:
A. Listing Description
You must accurately describe your Experiences and all terms of sale on the listing page of your "Shop" on the WS. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that Experience. All Experiences must be listed in an appropriate category. Each listing must accurately and completely describe the service/services and available dates, for sale in that listing. Where there are safety issues (including the need to sign a waiver) or the possibility of changes due to weather or other circumstances, then you must note this in your description. Unless you specifically state otherwise and provide alternate Terms and Conditions in your "Shop Policies", your relationship with any buyer shall be governed by the terms contained herein.
B. Local Experience Providers Requirements
(i) Legal Capacity and Insurance: If you are using XP as a Local Experience Providers, You must be legally able to sell the service(s) and Experiences You list on the Site and maintain all required business, liability and all other requisite insurance.
(ii) Professionalism and Competency: You must be competent to provide your Experiences and conduct yourself and your Experiences in a professional, friendly, and reliable manner.
(iii) Responsiveness: You hereby undertake to make best efforts to respond to all inquiries regarding your tours within three business days. You shall make best efforts contact your Guest 24 hours ahead of the beginning of the Experiences to coordinate final arrangements. You accept and understand that you are solely responsible for your customer's safety and satisfaction with the Experiences.
(iii) Cancellations by Local Experiences: Once a booking is confirmed through our WS you undertake to deliver the Experiences unless you are unable to do so for reasons of illness or extreme force majeure. In such a case, XP agrees to make best efforts to subcontract the provision of the agreed upon service at no additional cost to the Guest or refund any amount paid to Local Experience Providers for the cancelled Experiences as to be mutually agreed upon by You and the Guest. You shall notify the Guest as soon as you can in order to make alternate arrangements.
(iv) Cancellations by Buyer: Please refer to our Cancellation Policy
C. Confidentiality and Processing of Personal Information.
"Personal Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, pen name, personal profile, financial information, a home or other physical address, an e-mail address or other contact information. You hereby agree to keep all Personal Information received from the Site in the strictest of confidentiality, and You shall not use such Personal Information for any reason other than to fulfill the obligations undertaken in the purchase of the Experiences. The Buyer and XP reserve the right to seek any and all legal remedies for any violation by You of this provision and/or misuse of the Personal Information.
D. Acceptance of Terms
As Local Experience Providers, You understand that these Terms govern Your relationship with our customers unless You provide otherwise on Your Shop Policies and/or Experiences listing. You hereby consent to these Terms as governing your relationship between You and purchasers of Experiences through the WS. You may not use the site to sell Experiences without agreeing to the terms of this Section.
16. Terms of Agreement
This Agreement will become effective immediately upon your use of the WS and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, XP may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of XP as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section 1 (General Service Description); Section 4 (Acceptance of Risk and Waiver of Liability); Section 6 (User Information); Section 16 (Term of Agreement); Section 8 (Intellectual Property Rights); Section 10 (Trademark Rights Notice); Section 11 (Disclaimer of Warranties); Section 12 (Limitation of Liability); Section 14 (Legal Claims); and Section 17 (Miscellaneous Provisions).
Should You violate the terms of this Agreement, XP reserves the right, without prejudice to any other rights or remedies available to XP, to terminate your use of this WS immediately at its sole discretion.
17. Miscellaneous Provisions
Failure by XP to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the WS, shall be governed by and construed in accordance with the laws of the city of London, UK.
These Terms of Use and the Liability Release, if applicable, constitute the entire agreement between You and XP with respect to the WS. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of XP, its successors and assigns.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
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