Welcome to the Web site operated by Travergence Interactive Inc. (hereafter referred to as "Travergence," "we," "us," or "our"), a British Columbia corporation. Travergence maintains www.travergence.com (hereafter "Site"), as a service to our users and visitors. Travergence offers a variety of activities (“Services”) through its website (“Travergence.com”). These Services are provided by third party activity providers (hereafter “Suppliers”). Travergence.com is the property of Travergence Interactive Inc. Because our Terms & Conditions contain legal obligations, please read them carefully. These Terms & Conditions form the basis for which bookings are made through Travergence and its Suppliers. All bookings made through Travergence.com are subject to these Terms & Conditions. In all confirmed bookings, the person making the booking (“User”) shall be assumed to have accepted these conditions on behalf of the persons named in the booking.
- By using Travergence.com, you agree to be legally bound by these terms, which shall take effect immediately.
- If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use Travergence.com.
- Travergence may change these Terms & Conditions at any time. Your continued use of Travergence.com after changes have been made to the Terms mean that you agree to be legally bound by these updated or amended terms.
- You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Travergence.com content (inclusive of text, images, URLs, contact information, pricing information, scheduling information, etc.) in any way except for your own personal, non-commercial use.
- You agree to use Travergence.com only for lawful purposes and agree to not use Travergence in any way that will infringe upon the use of any other user.
- Your use of Travergence.com is intended for personal, noncommercial use to make legitimate and legal bookings for the services offered. You agree not to make fraudulent bookings on Travergence.com.
- You agree not to use robots or other automated means to access this site, unless specifically permitted by Travergence.
- Without limiting other remedies, Travergence at any point may limit, suspend or terminate your user account, prohibit access to our Site and its content, and take the technical and legal steps to keep users off the site if Travergence believes the user is creating problems or possible legal liabilities, infringing upon the intellectual property rights of third parties, or acting inconsistently with the Terms & Conditions specified by Travergence.
- Travergence at any time may suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties.
- Travergence reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Travergence products, services or tools.
- Disputes with Other Users or Suppliers. You are solely responsible for your interactions with other Travergence users and Suppliers. We reserve the right, but have no obligation, to monitor disputes between you and other users and or Suppliers.
Bookings, Modifications, and Amendments
- You agree to accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to book and pay for a Service on Travergence.
- The Services offered on Travergence are offered directly by the Supplier. Travergence is not responsible or liable for any information on its Service listings or company profiles.
- All Services offered on Travergence are valid only for the specified booked date. Travergence is not responsible for any changes or cancellations made to bookings by the Supplier.
- Travergence reserves the right to cancel or change any booked Service at any time, for any reason.
Pricing and Inclusions/Exclusions
- Prices listed on Travergence.com are per person unless otherwise specified by the Supplier.
- Prices are based in CAD unless otherwise specified on the Service listing.
- Prices are subject to change without notice, until a booking has been confirmed.
- Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.
- Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of Travergence.com.
Payments, Cancellations and Disputes
- Travergence accepts the following credit cards: Visa, Mastercard and American Express.
- Travergence does not charge buyers any service charge for processing credit card payments.
- Payment Logistics. If you find a Service that you are interested in, you will be asked to provide your credit card information and billing address. We will obtain a pre-authorization for the total amount of the fee for the Services you are requesting to ensure that you have the necessary amount of funds available to cover the transaction, but will not charge your card at that time. Alternatively we may charge you $1 to verify that the card works. If the Supplier who posted the activity accepts your offer, your card will be charged the full balance at the time of acceptance; if the Supplier fails to respond or opts not to accept your offer, any charges will be refunded and the pre-authorization will be released. Payments will be listed as TRAVERGENCE on the credit card statement. The funds will be held by Travergence until you arrive; shortly thereafter, Travergence will remit the held funds to the Supplier, less Travergence’s commission for booking the Service.
- When cancelling a booked Service with the Supplier, cancellation fees may be assessed by the Supplier. These cancellation fees are required to be set in the cancellation terms in the Terms description are agreed upon by the User upon booking.
- Travergence is not responsible or liable for any refunds or cancellations for booked Services. Refunds and cancellations are managed by the Suppliers who provide the booked Services. Refer to the Terms description to review the cancellation terms set by the Supplier.
- When using Travergence, you agree to provide the most accurate and up-to-date content listed in the Service description and Supplier profile.
- You agree not to upload any copyrighted, trademarked, or proprietary materials on Travergence without the expressed permission of the owner.
- At any time, Travergence may remove content it deems inaccurate, misleading, defamatory, libelous content or spam.
Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
- infringes the copyright, trademark, or other intellectual property rights of any person;
- is defamatory;
- contains nudity or sexually explicit content, or is otherwise obscene;
- may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
- depicts or advocates the use of illicit drugs;
- makes use of offensive language or images;
- characterizes violence as acceptable, glamorous or desirable; or
- provides a link to any other websites.
- No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
- THIRD-PARTY CONTENT. In using our services, you may be exposed to content and information from other users or third parties ("Third-Party Content"), either at Travergence.com or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of our services.
- All content uploaded to Travergence by a Supplier grants Travergence a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
- If you post a Service offering through our Site that is accepted by you and a user, you acknowledge and agree that the price you specify for that Service will constitute an essential part of a binding agreement between you and the guest. You further agree not to alter the price once accepted.
- By listing a Service on Travergence, you assume full responsibility for the content of the Service offered.
- By listing a Service on Travergence, you understand that it will be publicly available to be viewed and booked by any customer. You agree not to discriminate amongst any Travergence User for any reason.
- By listing a Service on Travergence, you agree to honor any and all bookings made legally through Travergence.com at the price and time listed in the Service.
- Where your listing appears in search and browse results is based on multiple factors and you agree to give up control of how your listing is categorized and classified.
- Travergence accepts the following credit cards: Visa, Mastercard, American Express and Discover.
- All Services booked, paid, and processed through Travergence’s platform which features 256-bit SSL security encryption, credit card processing, online payment gateway, address verification services and CVV security code verification.
- As a Supplier you agree to pay Travergence’s commission fee that ranges from 10-15% for any bookings that are made directly through Travergence.com or our affiliates, programs, widgets and content distribution methods, systems and marketing/sales programs. The exact commission for each of the Services you are offering on our Site can be found on your account page in your Supplier profile page.
- Travergence agrees to issue payments to Suppliers once a month: set on the last day of each month. The payments will include all booked Services that have departed 24 hours before the last day of the month. The payment will not include any booked Services that have not been completed.
- In the event of a User complaint for a Service that is not completed by the Supplier, Travergence retains the right to arbitrate the dispute claim filed by the User for the booked Service. Travergence retains the right to hold payment for an individual booking that is under dispute by a User complaint for no longer than 30 days while it arbitrates the dispute claim. In the event that Travergence determines that the Supplier did not uphold its obligation to the User regarding completing the Service, Travergence retains the right to void the payment and refund the User.
- Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "Travergence," and "www.travergence.com" are trademarks of Travergence protected by federal and provicial law; you agree not to use such marks for any purpose, including but not limited to as metatags on other websites, in written materials or otherwise.
- Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from Travergence.com 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. You may not display any portion of Travergence.com in a frame (or any content from Travergence through in-line links) without our prior written consent, which may be requested by contacting us at email@example.com. You may, however, establish ordinary links to the homepage of Travergence without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.
Disclaimers and Limitations of Liability
- IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRAVERGENCE DOES NOT CHECK ANY USER, SUPPLIER, OR OTHER USER’S BACKGROUND OR RECORD. TRAVERGENCE IS A REPUTATION-BASED SYSTEM. TAKE ADVANTAGE OF OTHER USER’S COMMENTS AND THIRD-PARTY REFERRALS ON SUPPLIERS AND USERS. USE COMMON SENSE. BE AWARE AND BE SAFE. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY
- WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
- IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
- NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- UNDER NO CIRCUMSTANCES WILL TRAVERGENCE OR ITS AGENTS, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND/OR DISTRIBUTORS BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES WHERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF TRAVERGENCE.COM REGARDLESS OF THE FORM OF ACTION.
- TRAVERGENCE SHALL NOT BE LIABLE FOR INJURY, DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY, LIABILITY, OR EXPENSE TO A PERSON OR PROPERTY FOR BOOKINGS MADE ON TRAVERGENCE.COM DUE TO THE ACTS OF SERVICE PROVIDERS OR SUPPLIERS.
- IF ANY OF THESE TERMS ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS AND THE REMAINING TERMS SHALL SURVIVE, REMAIN IN FULL FORCE AND EFFECT AND CONTINUE TO BE BINDING AND ENFORCEABLE.
- IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE TRAVERGENCE (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
- BY USING THE SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM TRAVERGENCE. YOU RELEASE TRAVERGENCE FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL, CONSEQUENTIAL, NOMINAL, PUNITIVE, OR OTHERWISE), EQUITABLE RELIEF, AND ANY OTHER LEGAL, EQUITABLE, AND ADMINISTRATIVE REMEDY, OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, PAST, PRESENT, OR FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR COMMUNICATION OR INTERACTION WITH OTHER USERS ON TRAVERGENCE.COM OR YOUR EXPERIENCE DURING OR ON AN ACTIVITY PROVIDED BY AN ACTIVITY PROVIDER IN CONNECTION WITH TRAVERGENCE.COM.