These Terms of Service (the "Terms") are entered into between you ("you" or "your") and ActiviFinder Inc. ("ActiviFinder"), and applies to ActiviFinder services, including but not limited to the ActiviFinder website at activifinder.com (the "Website") and any domains or subdomains related to the Website and any other product or service that attaches these Terms to it (altogether, the "Service").
BY CLICKING "I AGREE" OR SIMILAR CONFIRMATION, BY CREATING AN ACCOUNT ON THE SERVICE OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS.
IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THE TERMS AND ARE AGREEING TO THE TERMS FOR THAT ORGANIZATION. WHERE YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, “YOU” AND “YOUR” REFER TO THE ORGANIZATION.
ActiviFinder operates as an online platform designed to connect Vendors (each, a "Vendor") and Users (each, a "User") in the diverse world of local activities. Vendors make use of the Service to list and advertise their activities, services, or experiences (each, an "Activity"). Users who engage with the Service may browse the platform and have the option to purchase Vouchers (each, a "Voucher"), each of which may be redeemed at a later date to participate in the designated Activity provided by the corresponding Vendor.
2.1 Age of Access. You must be at least 18 or the age of majority in your jurisdiction (whichever is older) to use the Service and you represent and warrant that you have the right and authority to enter into and comply with these Terms.
2.2 Accounts and Login Information. Access to the Service may require registering an account with ActiviFinder (each, an "Account"). ActiviFinder may require you to verify your identity and select a username and password ("Login Information") as part of registering an Account or sign up using a third-party verification provider, such as Google or Facebook. You are responsible for managing and ensuring the security, conﬁdentiality and authorized use of your Account’s Login Information and are prohibited from sharing your Login Information or your Account. ActiviFinder strongly recommends that you keep your Login Information confidential, and you shall notify ActiviFinder promptly of unauthorized access or use of your Account. If ActiviFinder, in its sole discretion, considers your Account to be unsecure or to have been used inappropriately, then ActiviFinder may immediately cancel the Account without any notice to you. ActiviFinder may require Users or Vendors to change or update your Login Information from time to time.
2.3 Right to Use the Service. If you create an Account or use the Services, ActiviFinder hereby grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to access and use the Services, as limited by these Terms.
2.4 Vendor Listing Requirements. To list Activities on the Service, Vendors must provide the relevant, accurate and complete information, as requested by ActiviFinder, before their Activity can be viewed on the User’s listing page.
2.5 Company Verification. ActiviFinder will do its best to verify the identity and credentials of all Vendors, but ActiviFinder is not required to take extraordinary measures to verify all verification or credential information provided by Vendor. ActiviFinder, or a third-party on behalf of ActiviFinder, may, in its discretion, at any time, require additional verification information and ActiviFinder may deny access to the Service if ActiviFinder is not satisfied with the verification. ActiviFinder may also add additional verification requirements for Vendors at any time. ActiviFinder also reserves the right to perform background checks on Vendors, upon Account creation and at any time after the creation of an Account.
2.6 Banking Information and Taxes. Vendors are required to maintain updated and accurate banking or payment information as requested by ActiviFinder or third-party payment providers used by ActiviFinder (such as Stripe) ("Banking Information") in order to receive payments from ActiviFinder via the Service. Banking information may include bank account numbers, wire instructions, CRA business numbers, GST information and other financial information. Vendor’s may also be required to authorize ActiviFinder to process or collect certain tax (GST/PST) obligations on behalf of Vendor (ex. GST506 form). If a Vendor’s Banking Information is not up-to-date, inaccurate or incomplete, ActiviFinder is not required to advise Vendor to update such out-of-date, inaccurate or incomplete information and any such issues related to Banking Information may substantially delay a Vendor’s receipt of payments via the Service.
2.7 Acceptance of Stripe Services. To be able to use our Service and list Activities, all Vendors must agree to the Stripe Connected Account Agreement during the onboarding process with ActiviFinder.
3.1 Payments. If you decide to use the Service by purchasing a Voucher for an activity through the Service, you agree to pay the requested fee to ActiviFinder (each, a "Payment"), the cost of which shall be quoted to you prior to making a purchase (each, a "Purchase Price"). Purchase Prices vary based on the particular activity and may be modified by a Vendor at any time. Any modified Purchase Prices shall apply to all future Payments. Users are responsible for all Payments incurred by your Account, whether or not authorized by you. All Payments must be made through the Service. ActiviFinder reserves the right to terminate any agreement with Vendors and may permanently ban such violators from the Service if ActiviFinder deems such Vendor to be circumventing the normal use of the Service. ActiviFinder assumes no liability and no responsibility regarding any disputes or claims arising between a User and Vendor if they circumvent the Service and agree to payments outside the Service that should be made via the Service.
3.2 Payment Information. As a User, you shall provide ActiviFinder with credit or debit card (each, a "Payment Card") information and agree that ActiviFinder, or a third-party payment provider on behalf of ActiviFinder, may initiate a Payment automatically using such Payment Card upon your purchase of an Activity. Payments are processed by one or more third parties on behalf of ActiviFinder and such third parties may change without notice to you. ActiviFinder does not store your Payment Card information internally and all Payment Card information is stored via third-party payment provider integration.
3.3 Vouchers. If you, as a user, make a purchase of an Activity on the Service, you will be provided a Voucher via email regarding that Activity that will include the Purchase Reference number, Voucher code and all other relevant details regarding the use of the Voucher. Once a Voucher is redeemed by a Vendor, ActiviFinder is no longer responsible for any rescheduling or refunds, and all disputes must then be directly discussed with the Vendor who redeemed the Voucher. If a Vendor does not honor a particular Voucher redeemed by a User or does not act in a professional manner when communicating with a User, ActiviFinder may remove Vendor from the Service in its sole and absolute discretion. The same is true for a User that harasses or behaves in a less than respectful manner towards a Vendor or any of a Vendor’s employees, contractors or agents. Vouchers must be redeemed in their entirety in one single transaction; partial redemptions are not allowed. For instance, if a user purchases a Voucher for an Activity for 4 people, the Vendor will redeem all 4 spots simultaneously.
3.4 Refunds, Exchanges and Expiry. At ActiviFinder, we are committed to ensuring your satisfaction with every purchase. Therefore as a User, you can obtain a full refund for your purchased Voucher at any time, provided it has not yet expired and has not been redeemed. To request a refund, please contact us at firstname.lastname@example.org directly from the email address registered with us, including the purchase reference number and a brief explanation for your refund request.
3.5 Platform Fee. ActiviFinder earns its revenue through a Platform Fee (each, a "Platform Fee") charged to Vendors for every Voucher redeemed. This fee is typically set at 25% of the listing price of the Activity. However, it may vary based on the Activity and individual Vendor agreements. By listing an Activity, the Vendor explicitly agrees the Platform Fee displayed on the Activity listing information. This Platform Fee is all-inclusive, covering both our service charge and any applicable sales tax. For example, if a Vendor lists an Activity at a price of $100 and agrees to a 25% Platform Fee, the Vendor will receive net earnings of $75, with the $25 fee encompassing both the service charge and sales tax.
3.6 Vendor Payouts. ActiviFinder distributes payouts to Vendors on a weekly schedule, initiating these transactions every Monday. Each payout includes the Vendor revenue accumulated from all Vouchers redeemed during the preceding week, subject to deductions for the Platform Fee and applicable sales tax, which ActiviFinder will remit directly to the relevant government authorities. While most banks deposit payouts into the Vendor’s account as soon as they receive them, some may require a few extra days to make the funds available.
4.1 Term. Unless otherwise specified in writing by ActiviFinder, these Terms are effective starting on the date you start using the Service (the "Effective Date") and continue until terminated according to the Terms (the "Term").
4.2 Authorized Use. During your use of the Service, you may not:
as determined by ActiviFinder in its sole and absolute discretion.
4.3 Suspension and Termination. ActiviFinder may suspend or terminate access to the Service, without notice or compensation to you, at any time for any reason (or for no reason) including but not limited to technical issues, a lack of professional courtesy in your interactions with ActiviFinder (including with any contractors, employees, Vendors or ActiviFinder support staff), your non-compliance with the Terms, failure to make a Payment you have agreed to, or your failure to adhere to the terms of an agreement with ActiviFinder. ActiviFinder has sole discretion to lift a suspension or reverse terminated access. Your access to the Service automatically terminates upon the earliest of the date: (a) You or ActiviFinder terminates your access to your Account; (b) of your non-compliance with the Terms, as determined by ActiviFinder in its sole discretion; or (c) 30 days following the date on which you provide notice to ActiviFinder of your intention to terminate the Service.
5.1 ActiviFinder Ownership and Rights. ActiviFinder retains all right, title and interest in the Service, including but not limited to copyrights, copyrightable works, patents, patent rights, trademarks, trade names and trade secrets. The Terms does not convey any right, title or interest in, or constitute the sale of any right to the Service or any related software used as part of the performance of the Service.
5.2 Ownership and Rights. You retain all right, title and interest in all information, content and data owned or licensed by you that you upload or share through the Service, allow ActiviFinder to access during your use of the Service ("User Property"). You represent and warrant that all consents, licenses and rights necessary to license User Property are obtained prior to the sharing any of User Property with ActiviFinder. Except for personal data (unless also agreed to when providing Feedback) and Banking Information, which ActiviFinder shall keep confidential, you hereby grant ActiviFinder a limited and irrevocable license to use User Property under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, display, modify, record, translate, transmit or otherwise exploit as ActiviFinder reasonably sees fit in order to provide the Service to you and others.
5.3 Feedback. ActiviFinder may use your name and other communications in ActiviFinder marketing and promotional materials in the limited context of reviews, rating and comments about Vendors that you interacted with through the Service ("Feedback"). By submitting Feedback, you agree that: (a) your disclosure is voluntary, free, unsolicited, and without restriction; (b) your Feedback does not contain the confidential or proprietary information of third parties; and (c) we are free to use the Feedback without any compensation to you and to disclose the Feedback on a non-confidential basis or otherwise to anyone.
6.1 Confidential Information. ActiviFinder may receive confidential information from you including but not limited to: personal data/information (as defined in applicable privacy laws), Banking Information, verification information, business plans, product or service plans, analyses, forecasts, predictions or projections, intellectual property, trade secrets, software, code, hardware, prototypes, technology, technical information, business models, pricing and pricing strategies, marketing ideas, data (including sales data), sales projections, customer lists, employee lists, and other non-public information (collectively, "Confidential Information"). Notwithstanding the above, Confidential Information excludes: (a) any information generally available to the public (otherwise than through any act or omission by ActiviFinder); (b) any information obligated to be disclosed by law; and (c) any information known by ActiviFinder prior to the Effective Date or obtained from a third party who is not under a confidentiality obligation to you and who has not received such Confidential Information from another in breach of a duty of confidentiality.
6.2 Non-Disclosure. ActiviFinder shall not disclose or use Confidential Information for any purpose other than to provide information, or to undertake work, requested directly by you that requires use of Confidential Information. ActiviFinder shall not disclose any Confidential Information except to its employees, contractors or agents on a need-to-know basis and only if such employees, contractors or agents agreed to similar confidentiality terms. If ActiviFinder becomes aware of any unauthorized disclosure or use of Confidential Information, it shall promptly notify you of such disclosure or use. ActiviFinder acknowledges and agrees that no rights or licenses to Confidential Information are granted or implied by these Terms except as explicitly stated in these Terms.
6.3 Security. ActiviFinder is committed to ensuring that anything you share with us is secure. In order to prevent unauthorized access or disclosure of User Property or Confidential Information, ActiviFinder has put in place suitable physical, electronic and managerial procedures to safeguard and secure ActiviFinder systems.
7.1 Disclaimer. The service is provided to you "as is" and ActiviFinder and its subsidiaries, affiliates, officers, directors, employees, representatives and assigns (collectively, "Representatives"), disclaim all representations, warranties and conditions, express, implied or statutory, including without limitation merchantability, fitness for a particular purpose, non-infringement of third-party rights or compliance with laws within your jurisdiction. Without limiting the foregoing, ActiviFinder makes no representations that use of the service will not infringe any copyright, patent, trademark law or other rights held by a third party. Further and without limiting the foregoing, ActiviFinder and its representatives make no representations or warranties that the Service, services performed and products provided by ActiviFinder or other third parties, will comply with applicable laws within your jurisdiction, meet your requirements, not cause damage to you, user property or property of others, or that operation of the Service will be uninterrupted, continuously available, error free or will not harm your computer or mobile device or result in lost data. No oral advice or written information provided by ActiviFinder and the representatives will create any warranty and you shall not rely exclusively upon such advice or information. You bear the entire risk as to the performance, operation and quality of the service.
7.2 Limitation of Liability. ActiviFinder and its representatives shall not be liable to you for any claim, loss or damage of any kind arising out of or relating to the service or third-party services, including without limitation direct, consequential, incidental or special damages. To the extent that the above limitation of liability is not applicable in your jurisdiction, any claim that you may have against ActiviFinder and the representatives must be commenced no later than 6 months after the day on which the claim is discovered or ought to have been discovered by you.
7.3 Dangerous Activities. ActiviFinder and its representatives are not liable to you for any claim, harm, loss or damage of any kind arising out of or relating to the Activities that you participate in through any vendor, including without limitation direct, consequential, incidental or special damages. Some Activities may be dangerous and users participate at their own risk and must comply with all rules and policies of a vendor while participating in an Activity.
7.4 Maximum Aggregate Liability. Note that some jurisdictions do not allow the disclaimer of certain terms or warranties or exclusion of liability for certain damages and, if any disclaimer or limitation of liability is found unenforceable, void or does not fully shield ActiviFinder and the representatives from liability, you agree that ActiviFinder’s (and the Representatives’) maximum aggregate liability in any case whatsoever will be $1,000.
7.5 Indemnity. You shall defend and indemnify ActiviFinder and its Representatives against any claim, demand, suit or proceeding made or brought against ActiviFinder and its Representatives in connection with your use of the Service, including claims that ActiviFinder, the Service, or you: (a) infringe or misappropriate a third party’s intellectual property rights; (b) violate any applicable law, including any failure to obtain the required legal documentation, including applicable consent documentation, prior to using the Service; (c) cause bodily harm or death; (d) violate the terms of a third-party agreement to which you are bound; or (e) commit an act of gross negligence or intentional misconduct. Your obligation to indemnify ActiviFinder and its Representatives arises so long as ActiviFinder: (x) promptly gives written notice of the claim against ActiviFinder; (y) gives you sole control of the defense and settlement of the claim except that you shall not enter any settlement or disposition that attributes liability or confers a financial obligation on ActiviFinder without ActiviFinder’s advance written consent, which shall not be unreasonably withheld or delayed; and (z) gives all reasonable assistance, at your expense.
8.1 Initial Dispute Resolution. Most disputes between you and ActiviFinder can be resolved without resort to legal action. If you have any dispute with ActiviFinder, you agree that before taking any formal legal action you will contact us at email@example.com and provide a brief, written description of the dispute and your contact information. You and ActiviFinder agree to use commercially reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
8.2 Binding Arbitration. If the parties cannot come to a resolution within 30 days after the time an informal dispute resolution is initiated, you agree to that any disputes or claims between you and ActiviFinder, including the Representatives, shall be resolved by confidential, final and binding arbitration to be conducted in the Province of British Columbia and administered by the Vancouver International Arbitration Centre (VanIAC) pursuant to its applicable rules (the "Rules"). Your arbitration fees and your share of the arbitrator’s compensation shall be governed by and, where appropriate, limited by the Rules. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS LIMITED BY APPLICABLE LAW.
9.1 No Joint Relationship /Independent Contractor Relationship. Nothing in these Terms shall be construed to create any joint partnership, joint venture, employer-employee or agency relationship between you and ActiviFinder. Vendors and ActiviFinder do not have an employer-employee relationship and Vendors are independent contractors who control their own prices and Activities.
9.4 No Conflicts. You confirm that by agreeing to the Terms or providing services through ActiviFinder, you are not violating the terms or provisions of any other agreement you have with a third party, contract terms or any applicable policies with a third-party.
9.5 Force Majeure. Except for any payment obligations, neither you nor ActiviFinder shall be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, pandemics (including government-imposed recommendations and restrictions due to a pandemic), natural disasters, war, civil disturbance, action by a government entity, strike, and other causes beyond reasonable control). The party affected by the force majeure event shall provide notice to the other party within a commercially reasonable time and shall use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event shall be performed as soon as reasonably possible when the force majeure event concludes.
9.6 Assignment. ActiviFinder may assign these Terms without your consent or notice to you. You cannot assign the Terms.
9.7 Survival. Sections 2 to 9 survive termination of the Terms.
9.9 Updates. ActiviFinder reserves the right to modify the Terms at any time (each, an "Update") and shall inform you of each Update. After informing you of an Update, you are deemed to accept any Update by continuing to use the Service unless you terminate the Service. Unless ActiviFinder states otherwise, an Update is automatically effective 30 days informing you of such Update. Notwithstanding the foregoing, Updates of a clerical or “housekeeping” nature, such as amending names or addresses, as well as changes aimed at enhancing clarity and comprehensibility in the text, may be undertaken ActiviFinder without providing any special notice, provided that the updated version of these Terms is immediately provided on the Website, and shall be effective immediately.