Accessing and Using Our Service
Vayando provides an online venue for entrepreneurs (“Providers”) and Travelers to meet and arrange visits such as livelihood skill demonstrations (collectively, “Visits”), which are accessible at www.vayando.com and any other websites through which Vayando makes the Site and Service available. Vayando does not operate these Visits, it merely acts as a venue through which the guest can discover Visits operated by Providers and book them online. Vayando’s responsibilities are limited to: (i) facilitating the scheduling of the Visit; (ii) serving as the limited payment collection agent for Travelers and Providers for the purpose of accepting payments from Travelers on behalf of the Providers.
YOU UNDERSTAND AND AGREE THAT VAYANDO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND TRAVELERS, NOR IS VAYANDO AN AGENT OR INSURER. THE SERVICE(S) ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN TRAVELERS AND PROVIDERS. VAYANDO CANNOT AND DOES NOT CONTROL THE CONDITION, LEGALITY OR SUITABILITY OF ANY VISITS. VAYANDO HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, TRAVELERS AND OTHER USERS OF THE SERVICES OR ANY VISITS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY VISITS WILL BE MADE AT THE PROVIDER’S AND/OR TRAVELER’S OWN RISK.
Your Account Information, Password, and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Vayando of any unauthorized use of your password or account or any other breach of security, or suspected breach of security, and by emailing us with any such issue at email@example.com. Vayando will not be liable for any loss or damage arising from your failure to comply with this Section.
Changes to the Service
Vayando reserves the right, at its sole discretion, to change, modify, remove, temporarily or permanently, the Service (or any part of it) with or without prior notice. If modified Terms are not acceptable to you, your only recourse is to cease using the Site and Service.
Use and Storage
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to suspend, deactivate, limit or cancel your Vayando account. You acknowledge that Vayando may establish general practices and limits concerning use of the Site and Service, including without limitation the maximum period of time that the Site will retain data or other content. You agree that Vayando has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Vayando reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Vayando reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Site and Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Vayando and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to update your Vayando account information to ensure that messages are not sent to the individual that acquires your old number.
Vayando does not endorse any Visit. Although these Terms require users to provide accurate information, any such description is not an endorsement, guarantee or certification by Vayando about any user’s identity or suitability. You are responsible for determining the identity and suitability of others who you contact and/or visit as a result of using the Services. Vayando will not be responsible for any damage or harm resulting from your interactions with others via the Site and/or Service(s). We therefore recommend that you always exercise due diligence and care when deciding whether to use the Service. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Vayando with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other users via the Services regarding any bookings or Visits made by you. This limitation shall not apply to any claim by a Provider against Vayando regarding (i) the remittance of payments received from a Traveler by Vayando on behalf of a Provider or (ii) the failure of Vayando to book a Vayando Visit for which the Traveler provided accurate booking information.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site 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 Vayando. Vayando reserves the right to investigate and take appropriate legal action against anyone who, in Vayando’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 law enforcement. In connection with your use of the Site and the Service, you may not and you agree that you will not:
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Service, you hereby grant to Vayando a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, modify, display, reproduce, re-arrange, and distribute your User Content on the Site for the purposes of operating and providing the Service to you and to our other Users.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you confirm that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Service or you have all rights, licenses, consents and releases that are necessary to grant to Vayando the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Vayando’s use of the Member Content (or any portion thereof) on, through or by means of the Site and Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Traveler acknowledges and agrees that, notwithstanding the fact that Vayando is not a party to any agreements between Traveler and the Provider, Vayando acts as the Provider’s payment agent for the limited purpose of accepting payments from Traveler on behalf of the Provider. Upon Traveler’s payment of amounts to Vayando, which are due to the Provider, Traveler’s payment obligation to the Provider for such amounts is extinguished, and Vayando is responsible for remitting such amounts, less Vayando’s fees and commissions, to the Provider. In the event that Vayando does not remit any such amount to a Provider, such Provider will have recourse only against Vayando.
A booking is only complete when your credit card, PayPal account, or other third party payment processor approves the purchase. Vayando reserves the right to charge additional fees and to change the payment process at our discretion, with or without prior notice. When you provide payment information in order to make a purchase, you agree to pay all fees in accordance with these Terms. When you voluntarily provide payment and/or personal information to Vayando through use of our Site and Service, you acknowledge that you accurately represent and are authorized to use the payment instrument. Additionally, you agree to promptly inform Vayando when account information (such as billing address, contact information, credit card number or expiration date) changes. You must dispute any charges accrued on Vayando within 60 days or your purchase. If we terminate or suspend your account because of breach of the Terms, you are not entitled to a refund of any kind.
The fees displayed in each listing are comprised of the Visit fees (defined below) and the Processing Fees (defined below). Where applicable, Taxes may be charged in addition to the Visit fee and Processing fees. The Visit fee, the Traveler Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Traveler solely relating to a Provider’s Visit are the “Visit Fees”. Please note that it is the Provider and not Vayando that determines the Visit Fees. Vayando charges a fee to Travelers of three percent (3%) of applicable Visit Fees, which are the “Credit Card Fees”. The Traveler Fees are added to the Visit Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Vayando will collect the Total Fees at the time of booking confirmation (i.e. when the Provider confirms the booking within the specified timeframe) and will initiate payment of the Visit Fees (less Vayando’s Provider Fees (defined below)) to the Provider within 24 hours of when the Traveler arrives at the applicable Visit (except to the extent that a refund is due to the Traveler). However, please note that we will not be responsible for delays in remitting Visit Fees, which can vary based on the bank, currency, location, etc.
Cancellations and Refunds
These terms and conditions govern the Vayando Traveler Refund Policy (the “Traveler Refund Policy”) available to Travelers who book and pay for a Visit listed by a Provider through the Site and suffer a Travel Issue and the obligations of the Provider associated with the Traveler Refund Policy.
Providers are responsible for ensuring that Visits listed on the Site meet minimum quality standards regarding adequacy of the description on the Site, safety, and health. Throughout the Visit, Providers should be available in order to try, in good faith, to resolve Traveler issues.
If you are a Provider, and if (i) Vayando determines that a Traveler has suffered a Travel Issue related to an Visit listed by you and (ii) Vayando either reimburses that Traveler any amount up to the amount paid by the Traveler through the Site for the Visit or provides an alternative Visit to the Traveler, you agree to reimburse Vayando up to the amount paid by Vayando within 30 days of Vayando’s request. All determinations of Vayando with respect to the Traveler Refund Policy, including without limitation the size of any refund to the Traveler, shall be final and binding on the Travelers and Providers. You also agree that in order for you to reimburse Vayando up to the amount paid by Vayando, Vayando may offset or reduce any amounts owed by Vayando to you by this amount. If the Traveler is rescheduled to an alternative Visit, you may lose part or all of the Visit Fee payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the Traveler to the alternative Visit.
The rights of the Travelers under the Traveler Refund Policy supersede the cancellation policy that otherwise applies to a particular Visit. If you dispute the Travel Issue you may notify us in writing (firstname.lastname@example.org) or via telephone and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Traveler prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of Vayando with respect to the Travel Issue shall be final and binding on the Travelers and Providers regardless of your submission of a dispute against such Travel Issue.
(a) No Assignment/No Insurance. This Traveler Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Traveler, and the Traveler has not paid any premium in respect of the Traveler Refund Policy. The benefits provided under this Traveler Refund Policy are not assignable or transferable by you.
(b) Modification or Termination. Vayando reserves the right to modify or terminate this Traveler Refund Policy, at any time, in its sole discretion, and without prior notice.
(c) If Vayando modifies this Traveler Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Vayando will continue to process all claims for Travel Issues made prior to the effective date of the modification.
(d) Entire Agreement and Definitions. This Traveler Refund Policy constitutes the entire and exclusive understanding and agreement between Vayando and you regarding the Traveler Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Vayando and you regarding the Traveler Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Vayando Terms of Service. Controlling Law. This Traveler Refund Policy will be interpreted in accordance with the laws of the United States of America, without regard to its conflict-of-law provisions.
(e) Limitation of Liability.
IN NO EVENT WILL VAYANDO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE VAYANDO POLICY TERMS, EXCEED THE AMOUNT OF THE VISIT FEES COLLECTED BY VAYANDO FROM THE TRAVELER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY BOOKING A VISIT OR OTHERWISE USING THE SITE AND SERVICE(S), YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS.
If Traveler attempts to cancel the Visit more than 72 hours before the Visit is scheduled to begin, Vayando will endeavor to refund Traveler the fees paid, minus the Service and Booking Fees. Once Traveler books the Visit, the Service and Booking Fees are not refundable.
Whenever possible Vayando will connect Traveler to an alternate Provider who can fulfill request. If not, Vayando will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation.
Cancellation Due to Outside Factors
Certain Visits may depend on factors outside either party’s control, such as weather (“Outside Factors”). The Provider has the discretion as to whether Outside Factors will prevent the Visit from taking place. As a Provider, if you need to cancel a Visit due to Outside Factors, you must contact the Traveler and Vayando (at email@example.com) as early as possible. Subject to the Traveler’s consent, the Provider and the Traveler may choose to reschedule the Visit for another date. If the Visit cannot be rescheduled, the Traveler should contact Vayando so we may assist in finding a replacement Visit. For clarity, in the event the alternative Visit is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Visit is of a lower price, you may be entitled to a partial refund for the difference. As a Traveler, if you have contacted Vayando as provided above and Vayando is unable to find you a replacement Visit, Vayando may refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements. Additionally, please note that each Provider is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to any applicable taxes.
Commercial Use of the Service
This site is for your personal use and may not be used for commercial purposes. Unless otherwise authorized by us, you agree not to license, publish, reproduce, modify, sell, resell, duplicate, copy, distribute, transmit, display, or exploit any part of the Site and Service(s).
Personal Injuries or Loss or Damage to Personal Property
Vayando shall have no direction or control over tour activities and shall have no liability or responsibility for personal injuries or death or loss of or damage to personal property.
Intellectual Property Rights
You agree that Vayando’s Services may include content which is protected by copyright, trademark, patent, or other proprietary rights. You may not copy, reproduce, modify, sell, frame, scrape, or distribute, in whole or in part, without express permission from Vayando. You may not engage in data mining, scraping, or any other data gathering or extraction methods. You additionally agree not to copy, duplicate, reverse engineer or assemble, sublicense, or otherwise transfer any right in the technology and software (ours or our affiliate partners’) responsible for providing the Service. Vayando reserves any rights not explicitly granted by Vayando in these Terms.
Third Party Websites
You will encounter links to third party websites on Vayando. Vayando has no control over these third party websites and the inclusion of a link to another website is not an endorsement. Furthermore, Vayando is not liable or responsible for any issues, such as, but not limited to, loss, claim, or damage, that may have been directly or indirectly caused by third party websites.
Third Party Services
If you choose to enable third party services, such as social media integration, when using the Site, Vayando is not responsible or liable for the actions or policies of third party services that may be enabled on Vayando.
Indemnity and Release
You agree to release, indemnify and hold Vayando and its affiliates and subsidiaries, and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site or Service(s), any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
These Terms of Service establish the entire agreement between you and Vayando, governing your use of this Service, and superseding any prior arrangements between you and Vayando with regard to the Service. You may also be subject to other terms and conditions, outlined by third-party software, services, or content. It is your responsibility to check these terms before using Vayando’s Service. Vayando’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that despite any statute of law to the contrary, any claim or cause of action as a result of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed or electronic version of this agreement and of any notice shall be admissible in administrative or judicial proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles in these Terms are for convenience only and have no legal or contractual effect. We may send you notices by either email or regular mail. The Service may also notify you of changes to the Terms or anything else by displaying such notices on the Service.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VAYANDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
VAYANDO MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VAYANDO SHALL NOT BE LIABLE FOR ANY PERSONAL INJURIES, DEATH, OR LOSS OF OR DAMAGE TO PERSONAL PROPERTY, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VAYANDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL VAYANDO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID VAYANDO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, TWENTY FIVE DOLLARS ($25).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Vayando’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration before a single arbitrator and conducted by the American Arbitration Association pursuant to their Consumer Arbitration Rules. The arbitration must commence within forty-five (45) days of the date on which either party files a written demand for arbitration. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Please contact us at firstname.lastname@example.org with any questions regarding this Terms of Service, the Site and/or Service(s), or report any violations of these Terms of Service.