Last Revised: May 17th, 2018
As used in this Agreement, "you" means (and "your" refers to) the user of the Services, "we" means (and "us", "our", and "ours" refer to) LWTL Media, and "Services" means any and all services and products that are made available on or through the Website. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IMPORTANT! YOUR ACCESS TO ELLETOURAGE AND THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
You can view, print, download or save this Agreement at any time, under the "Terms of Service" link that appears on the Website.
Part 1 applies only to a Member and Members (as those terms are described below in this Part). As used in this Part, "you" means (and "your" refers to) a Member, or Members, as the case may be, and "we" means (and "us", "our", and "ours" refer to) LWTL Media.
Elletourage provides a new and unique opportunity for real human-to-human connection. Elletourage offers friend match ups, travel partners, blogging, and bartering with an approach that is unprecedented – all you need to do is sign up (and become a "Member"). We match women according to a questionnaire that considers location, age, interests, marital status, etc. Members can participate in online discussions or look up previous topics for advice; they can create and look through other’s "markets", searching, sharing, bartering or selling items as they choose; they can find travel partners or go with friends they’ve been matched with from the initial questionnaire; and, with all of their increased social activity, Elletourage provides each member with a calendar of scheduled meet-ups that directly syncs with their device every time a new event is added.
If you want to use the Services, you need to become a Member. To become a Member, you must sign up and create an Elletourage account using the Website. This requires you to submit certain information, including your name, email address and a password. We may offer different methods of registering an account: 1) you can register directly through our Website; or 2) you can register using a third party service that we may offer to you, from time to time, such as Facebook Connect. Your use of these third party services is subject to terms and conditions that are imposed by the third party.
We reserve the right to refuse registration of accounts, or to cancel any existing accounts, that we deem to be inappropriate, in our sole discretion. If you use the Services, you are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activity that occurs under your account. We are not responsible for updating your account. When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third party rights.
We provide you with the opportunity to connect with other Elletourage users, who become your "Friends", but you are ultimately responsible for your decision to make a Friend. We take no part in any communication you have with a Friend or any other Member, and we are not responsible for, or a party to, any agreements you may enter into with such Friends or Members.
Part 2 applies to all users of the Website. As used in this Part, "you" means (and "your" refers to) the user of the Services, "we" means (and "us", "our", and "ours" refer to) Elletourage.
If you want to use the Services, we need you to provide basic information about yourself. We also need you to let us share some of this information with other Members, so that they can have the opportunity to connect with you and become your Friend.
When you visit the Website, use the Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may revise this Agreement, at any time, by updating this posting. We may provide notice to you of such revisions by means of a general notice on the Website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
We may, from time to time, offer an online store (the "Market"), through which you may be permitted to purchase, barter, or trade products and/or services (“Products and Services”), which may be provided by you or other Members. WE ARE NOT A PARTY TO THE RELATIONSHIP BETWEEN YOU AND ANY OTHER MEMBER, AND AS SUCH, WE HAVE NO RESPONSIBILITY TO YOU AS REGARDS: (A) THE PRODUCTS AND SERVICES YOU PURCHASE OR SELL THROUGH THE MARKET, INCLUDING BUT NOT LIMITED TO ANY STATEMENTS ON THE WEBSITE WITH RESPECT TO SAME; (B) YOUR INTERACTION WITH OTHER USERS ON OR THROUGH THE MARKET; (C) ANY TRANSACTIONS YOU MAY ENTER INTO OR ATTEMPT TO ENTER INTO, ON OR THROUGH THE MARKET; (D) COLLECTING OR REMITTING ANY APPLICABLE TAXES. YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT. Elletourage may remove or restrict any content you have placed on the Market which is (or is reasonably believed by Elletourage to be) in violation of this Agreement. Notwithstanding that we have no duty to monitor anything which is placed on the Market, we are not liable if we remove or restrict Products and Services and other statements you have placed on the Market. Your purchase or sale of the Products and Services may be subject to the terms of service of third party payment processors. Please note that we have no responsibility for those terms or your compliance with them. You should review these terms of service before you enter into a transaction on or through the Market.
Our Content: Except for Your Content (which is discussed below), all materials displayed or otherwise accessible on the Website, including, without limitation, text, photographs, images, illustrations, graphics, icons, code (collectively, "Our Content") and the selection and arrangement of Our Content on the Website are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in Our Content. Portions of Our Content may have been licensed to us or published on the Website by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Website or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited. The display of Our Content does not imply that you have been granted a license by us or other entities with respect to it.
Your Content: You retain ownership in and to materials you submit to us, including, without limitation, text, photographs, images, illustrations, graphics and icons (collectively, "Your Content"), but you agree to grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use Your Content, as we see fit, in our sole discretion, for the purpose of providing the Services and supporting our operation of Elletourage, generally. We reserve the right to disclose Your Content, at any time, as is required to comply with applicable laws, and the right to remove any of Your Content that is in violation of the terms and conditions of this Agreement. You also agree that any rights you assert in and to Your Content will be subject to standards of commercial reasonableness. You may request deletion of Your Content, but our ability to delete Your Content may be restricted if you have shared it with others.
Trademarks: Certain words, phrases, names, designs or logos on the Website may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on the Website does not imply that you have been granted a licence by us or others with respect to them.
If you believe in good faith that any material that is made available on the Website infringes your copyright, or if you have any other complaints about your use of the Services, please contact us at email@example.com. You can also contact us if another Member provides content or otherwise uses the Services in a way that you find objectionable. While we are not responsible for how others use the Services, we will make commercially reasonable efforts to make your use of the Services enjoyable.
Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Website, including a limited license to download, print and store single copies of Our Content from the Website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in the Website. Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.
Any person who is found or reasonably suspected to have violated the rules of conduct provided above may be barred from using the Website, in our sole discretion, and may be subject to other legal remedies.
Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, Your Content and Our Content. We will provide you access to Your Content, through your use of your account, but we are not responsible for copying, extracting or otherwise transferring Your Content to you.
Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.
Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary, including, without limitation, Your Content, to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.
We may make customer service features available to you, as a courtesy only. We are not obliged to provide customer service to you and our decision to do so shall not create an obligation to provide additional customer service to you.
No Endorsement or Responsibility: In addition to offering you access to Friends, the Website may include links to other websites, solely as a convenience to users. We do not endorse any such Friends, linked websites or the information, material, products or services created by or contained on other Friends or linked websites or accessible through other Friends or linked websites. We make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through other Friends and linked websites.
Linking to the Website: Please advise us to request permission to link to the Website. We reserve the right to cancel and revoke any permission we may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person.
NO WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
Use at Your Own Risk: Access to the Services is provided "as is" and without warranties of any kind, either express or implied. By accessing and using the Services, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the Services. While we try to keep the Services available without interruption (including the Market), we are not responsible for ensuring the Services are available or that they will convey information to anyone, on your behalf.
Transactions and Interaction with Members: Elletourage allows you to trade and barter your Products and Services with other Members. WE ARE NOT A PARTY TO ANY RELATIONSHIPS YOU MAY HAVE WITH OTHER MEMBERS, AND AS SUCH, YOU ARE SOLELY RESPONSIBLE FOR ALL TRANSACTIONS AND ARRANGEMENTS YOU ENTER INTO, AND INTERACTION YOU HAVE, WITH OTHER MEMBERS, INCLUDING, BUT NOT LIMITED TO: (A) FITNESS OF GOODS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, PAYMENT ARRANGEMENTS, SHIPPING, REFUNDS AND COLLECTING AND REMITTING APPLICABLE TAXES, WITH RESPECT TO ANY TRANSACTIONS YOU ENTER INTO USING THE MARKET FEATURE OF ELLETOURAGE; AND (B) ANY CONDUCT OF ANY OTHER MEMBER. YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT. WE DO NOT CONDUCT BACKGROUND OR REGISTRY CHECKS ON OTHER MEMBERS OR VERIFY ANY STATEMENTS THEY MAKE. You agree to take whatever precaution is reasonably necessary, when you interact with other Members (through Elletourage or in person), or enter into transactions with other Members (including making payments to them). Practice safe Internet practices when you deal with other Members.
Third Party Information: We are not responsible for any materials or information on the Website or any linked website that you may find offensive, undesirable or objectionable. Further, we specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information.
Third Party use of Your Content: Be aware that information you share on your profile and with your Friends will be available to others. We are not responsible for what others do with Your Content, once you post it on your account and share it with your Friends.
Verification: We are not responsible for verifying your identity, the identity of anyone who uses your account, or the identity of any other Member.
THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, OR (E) ANY DUTY AT LAW OR IN EQUITY. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICES EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU TO US. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 16 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
RELEASE: EXCEPT AS SET OUT IN THIS SECTION 16, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE WEBSITE AND THE SERVICES.
INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE AND THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE WEBSITE AND THE SERVICES.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 16 MAY NOT APPLY TO YOU.
FOR THE PURPOSE OF THIS SECTION 16, THE TERMS "WE", "US" AND "OUR" SHALL INCLUDE OUR AFFILIATES AND OURS AND OUR AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.
Application of British Columbia Laws: We are physically located, and all activities with respect to the Services and the Website take place, within the Province of British Columbia, Canada. This Agreement will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of British Columbia’s courts.
Laws Excluded: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (British Columbia), R.S.B.C. 1996, c. 236, as amended, replaced or re-enacted from time to time.
Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against us or our licensors.
Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Unless otherwise specified, the Website and the Services are presented solely for the purpose of promoting products and services available in Canada. We make no representation that the Website, the Services, Our Content and all other materials on the Website are appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.
Suspension of your Use of the Website by you: You may terminate this Agreement at any time, by cancelling your account. Your termination will be effective when we receive notice of your termination.
Suspension of your Use of the Website by us: If you breach any provision of this Agreement, you may no longer use the Website. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website or the Services, all without any notice or liability to you or any other person.
No Refunds or Rights on Termination: We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that we may owe to you if we have suspended or terminated your permission to use the Website or any part thereof. We reserve the right to cease, suspend or interrupt operation of or access to the Website or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.
Survival: The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement including, but not limited to, Sections 4, 5, 7, 8, 12, 14, 15, 16, 17, 18, 21 and this Section 20.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement without restriction.
If you have any questions about this Agreement, or the Website generally, please contact us at:LWTL Media Inc.
Part 3 applies only to event bookings (as those terms are described below in this Part). As used in this Part, "you" means (and "your" refers to) a Member, or Members, as the case may be, and "we" means (and "us", "our", and "ours" refer to) LWTL Media.
"Elletourage Content" means all Content that Elletourage makes available through the Site or Services, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Elletourage Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Guest" means a Member who requests from a Host a booking of an Event via the Site or Services, or a Member who participates in an Event and is not the Host for such Event.
“Events” means a service offered by a Host.
“Listing” means an event that is available on Elletourage.
"Host" means a Member who creates a Listing via the Site or Services .
"Member" means a person who completes a booking, hosts an experience or opt-ins to our email newsletter program, including but not limited to Hosts and Guests, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Event or Member profile to be made available through the Site or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), provincial sales tax (PST), tourist or other visitor taxes, service providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site or Services or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site or Services or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR POSTING ANY CONTENT FROM OR ON THE SITE, 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. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, 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.
Elletourage reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site 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 or Services .
The Site or Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site or Services Work
The Site or Services can be used to facilitate the listing and booking of Events. Such Events are included in Listings on the Site or Services by Hosts.
As stated above, Elletourage makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Events directly with each other. Elletourage is not an owner or operator of tours, nor a travel agent or an Event provider of any kind, Elletourage does not own, sell, resell, travel services or service related to the provision of Events that are offered by the Hosts. Unless explicitly specified otherwise in the Elletourage platform, Elletourage's responsibilities are limited to: (i) facilitating the availability of the Site or 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 AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING EXPERIENCES DIRECTLY WITH EACH OTHER. FIELDTRIPP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. FIELDTRIPP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS EXPERIENCES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
Account Registration occurs when you either opt-in to our marketing newsletter, sign up as a host, or complete a booking.
As a Member, you may create Event Listings. To create a Listing, you will be asked a variety of questions about the Event to be listed, including, but not limited to, the location, type, guest knowledge requirements, special details for guests, and pricing and related rules and financial terms. In order to be featured in Event Listings via the Site or Services , all Events must have valid physical addresses. Event Listings will be made publicly available via the Site or Services . Other Members will be able to book your Event via the Site or Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Event, you may not request the Guest to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Event Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of (i) will not breach any agreements you have entered into with any third parties, such as lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, 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 Elletourage assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Elletourage reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Elletourage, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
If you are a Host, you understand and agree that Elletourage does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Event and completes the Event, any agreement you enter into with such Guest is between you and the Guest and Elletourage is not a party to it. Notwithstanding the foregoing, Elletourage 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 other fees and/or Taxes).
Elletourage recommends that Hosts obtain appropriate insurance for their Event, including if required, that Guests sign the necessary waivers or documentation. Please review any insurance policy that you may have for your Event carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests during the Event.
Elletourage may offer Hosts the option of having photographers take photographs of their Events. If you as a Host choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute Elletourage Content, regardless of whether you include them in your Listing. You agree that Elletourage may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
Elletourage does not endorse any Member or any Event. You understand that Verified Images are intended only to indicate a photographic representation of the Event at the time the photograph was taken. Verified Images are therefore not an endorsement by Elletourage of any Member or any Event. Members are required by these Terms to provide accurate information, and although Elletourage 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 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 Elletourage 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 or Services . We therefore recommend that you always exercise due diligence and care when deciding whether to purchase an Event by a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. Elletourage is not responsible for any damage or harm resulting from your interactions with other Members, be Guest or Host.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Elletourage with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Elletourage regarding the remittance of payments received from a Guest by Elletourage on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms
Elletourage's online platform facilitates bookings between Guests and Hosts who will pay in the posted currency. .
"Booking Fees" means the amounts that are due and payable by a Guest in exchange for that Guest's participation in an Event. The Host alone, and not Elletourage, is responsible for the Booking Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) any other fee permitted on the Elletourage platform. Elletourage is required to collect certain taxes based on applicable laws. For instance, in Canada, Elletourage will collect GST which is 5%.
"Guest Fees" means the fee that Elletourage charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Booking Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.
"Host Fees" means the fee that Elletourage charges a Host for the use of the Services, which is calculated as a percentage of the applicable Booking Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.
"Service Fees" means collectively the Guest Fees and the Host Fees.
"Total Fees" means collectively the Booking Fees and the Guest Fees plus any Taxes.
Bookings and Financial Terms for Hosts and Guests
When a booking is requested via the Site or Services, we will share with you (i) the first and last name of the Guest who has requested the booking and an indication of whether or not the Guest has provided other information to Elletourage, such as a verified email address.
Elletourage will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Booking Fees (less Elletourage's Host Fees and any Taxes in respect of the Host Fees, such as GST in Canada) to the Host within 24 hours of when the Guest arrives at the applicable Event (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the payout method chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Elletourage to Elletourage (whether as a result of your bookings or actions as a Guest or otherwise), then Elletourage may (but is not obliged to) withhold the amount owing to Elletourage from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to Elletourage. If Elletourage does so, then your obligation to pay Elletourage will be extinguished to the extent of the amount withheld by Elletourage, and Elletourage will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Elletourage by you. Such communication may be made by Elletourage or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of Elletourage as Limited Payment Collection Agent for Host
Each Host hereby appoints Elletourage as the Host's limited payment collection agent solely for the purpose of accepting the Booking Fees from Guests.
Each Host agrees that payment made by a Guest through Elletourage, shall be considered the same as a payment made directly to the Host, and the Host will make the Event available to the Guest in the agreed-upon manner as if the Host has received the Booking Fees. Each Host agrees that Elletourage may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund (via Elletourage) to the Guest that portion of the Booking Fees specified in the applicable cancellation policy. Each Host understands that as Elletourage accepts payments from Guests as the Host's limited payment collection agent and that Elletourage's obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Elletourage does not guarantee payments to Hosts for amounts that have not been successfully received by Elletourage from Guests. In accepting appointment as the limited authorized agent of the Host, Elletourage assumes no liability for any acts or omissions of the Host.
Please note that Elletourage does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that Elletourage reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Elletourage will provide notice of any Listing fee collection via the Site or Services , prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not Elletourage, are solely responsible for honoring any confirmed bookings and making available any Events reserved through the Site or Services . If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Event, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Event imposed by the Host. You acknowledge and agree that you, and not Elletourage, will be responsible for performing the obligations of any such agreements, that Elletourage is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Elletourage disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Elletourage is not a party to the agreement between you and the Host, Elletourage acts as the Host's payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to Elletourage, your payment obligation to the Host for the Booking Fees is extinguished, and Elletourage is responsible for remitting the Booking Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as GST in Canada), in the manner described in these Terms. In the event that Elletourage does not remit any such amounts as described in these Terms, such Host will have recourse only against such Elletourage entity.
The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Elletourage will be refunded to such Guest, depending on the selections the Guest makes via the Site, and any pre-authorization of such Guest's credit card will be released, if applicable.
You as a Guest agree to pay Elletourage for the Total Fees for any booking requested in connection with your Elletourage Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree that Elletourage, on behalf of the Host, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card. As a general rule, Elletourage will collect the Total Fees due once Elletourage receives confirmation of your booking from the applicable Host; if necessary, Total Fees may instead be collected at a later point. Please note that Elletourage cannot control any fees that may be charged to a Guest by his or her bank related to Elletourage's collection of the Total Fees, and Elletourage disclaims all liability in this regard.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Guest, you wish to cancel a confirmed booking made via the Site or Services , either prior to or after arriving at the Event, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Booking Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site.
If a Host cancels a confirmed booking made via the Site and Services, (i) Elletourage will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Elletourage containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay Elletourage the Total Fees relating to the confirmed booking for the Event in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Elletourage, please contact Elletourage.
If, as a Host, you cancel a confirmed booking, you agree that Elletourage may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Elletourage Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Elletourage may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site or Services . Elletourage may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest. You agree that Elletourage and the relevant Guest or Host will not have any liability for such cancellations or refunds.
If, as a Host, your Guest cancels a confirmed booking or Elletourage decides that it is necessary to cancel a confirmed booking, and Elletourage issues a refund to the Guest in accordance with applicable cancellation policies, you agree that in the event you have already been paid Elletourage shall be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future Booking Fees due to you.
Elletourage 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.
Payment Processing Errors
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.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both.
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. Elletourage cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Host, Elletourage may issue a valid invoice to such Host.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Event is being offered may require Taxes to be collected from Guests or Hosts on the amount paid for the right to participate in an Event, and to be remitted to the respective Tax Authority.
Damage to Facilities or Equipment
As a Guest, you are responsible for leaving the facilities and where appropriate associated equipment in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, 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 facilities and equipment. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Elletourage Account. Elletourage also reserves the right to charge the credit card on file in your Elletourage Account, or otherwise collect payment from you and pursue any avenues available to Elletourage in this regard in situations in which you have been determined, in Elletourage's sole discretion, to have damaged any facility and or associated equipment, including, but not limited to, in relation to any payment requests made by Hosts, and in relation to any payments made by Elletourage to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the facility or associated equipment to the applicable Host or to Elletourage (if applicable).
Both Guests and Hosts agree to cooperate with and assist Elletourage in good faith, and to provide Elletourage with such information and take such actions as may be reasonably requested by Elletourage, in connection with any complaints or claims made by Members relating to the facilities or associated equipment or any personal or other property in connection with an Event or with respect to any investigation undertaken by Elletourage or a representative of Elletourage regarding use or abuse of the Site or Services or the Services. If you are a Guest, upon Elletourage's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Elletourage or a third party selected by Elletourage or its insurer, with respect to losses for which the Host is requesting payment from Elletourage.
If you are a Guest, you understand and agree that Elletourage may make a claim under your homeowner's, rental, facilities, business or other applicable insurance policy related to any damage or loss that you may have caused or been responsible for all facilities and equipment or any personal or other property located in connection with an Event. You agree to cooperate with and assist Elletourage in good faith, and to provide Elletourage with such information as may be reasonably requested by Elletourage, in order to make a claim under your homeowner's, facilities, business, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Elletourage may reasonably request to assist Elletourage in accomplishing the foregoing.
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 or Services and Collective Content. In connection with your use of the Site or Services and Collective Content, you may not and you agree that you will not: