Explify Terms & Conditions
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Explify Platform, you agree to comply with and be bound by these Terms of Service.
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Explify (as defined below) governing your access to and use of the Explify website, including any subdomains thereof, and any other websites through which Explify makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Explify“). The Site, Application and Explify Services together are hereinafter collectively referred to as the “Explify Platform”. Our Refund Policy and other Policies applicable to your use of the Explify Platform are incorporated by reference into this Agreement.
Any and all payment processing services through or in connection with your use of the Explify Platform (“Payment Services“) are provided to you by one or more Explify Payments entities (individually and collectively, as appropriate, “Explify Payments“) as set out in the Payment Terms of Service (“Payments Terms“).
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests for provide certain Host Services. In many cities, Hosts may have to register, get a permit or obtain a license before providing certain Host Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Host Service(s) on Explify, you should always seek legal guidance.
1.Scopes of Explify Services
1.1 The Explify Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Explify Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the Explify Platform, Explify does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is Explify an organiser or retailer of travel packages. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Explify is not and does not become a party to or other participant in any contractual relationship between Members. Explify is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Explify has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Explify does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Explify about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Explify of any Host or Listing.
1.4 If you choose to use the Explify Platform as a Host or Co-Host (as defined below), your relationship with Explify is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Explify for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Explify. Explify does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
1.5 To promote the Explify Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements.
1.6 The Explify Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Explify is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Explify of such Third-Party Services.
1.7 Due to the nature of the Internet, Explify cannot guarantee the continuous and uninterrupted availability and accessibility of the Explify Platform. Explify may restrict the availability of the Explify Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Explify Platform. Explify may improve, enhance and modify the Explify Platform and introduce new Explify Services from time to time.
2. Eligibility, Using the Explify Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Explify Platform or register an Explify Account. By accessing or using the Explify Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 Explify may make access to and use of the Explify Platform, or certain areas or features of the Explify Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the Explify Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Explify Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Expify Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Explify reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Explify Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Explify Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (“Explify Account“) to access and use certain features of the Explify Platform, such as publishing or booking a Listing. If you are registering an Explify Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an Explify Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook.
4.3 You must provide accurate, current and complete information during the registration process and keep your Explify Account and public Explify Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Explify Account. You may not assign or otherwise transfer your Explify Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Explify Account credentials and may not disclose your credentials to any third party. You must immediately notify Explify if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Explify Account. You are liable for any and all activities conducted through your Explify Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Explify may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Explify Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, these features do not require that you share your credentials with any other person. No third party is authorized by Explify to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Explify may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Explify Platform (“Member Content“); and (ii) access and view Member Content and any content that Explify itself makes available on or through the Explify Platform.
5.2 The Explify Platform, Explify Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Explify Platform and Explify Content, including all associated intellectual property rights, are the exclusive property of Explify and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Explify Platform, Explify Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Explify used on or in connection with the Explify Platform and Explify Content are trademarks or registered trademarks of Explify. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Explify Platform, Explify Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Explify Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Explify or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Explify grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Explify Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Explify Platform, you grant to Explify a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Explify Platform, in any media or platform. Unless you provide specific consent, Explify does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the Explify Platform. You represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Explify Platform or you have all rights, licenses, consents and releases that are necessary to grant to Explify the rights in and to 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 Explify’s use of the Member Content (or any portion thereof) 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.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Explify’s policy. Explify may, without prior notice, remove or disable access to any Member Content that Explify finds to be in violation of these Terms or Explify’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Explify, its Members, third parties, or property.
6. Service Fees
6.1 Explify may charge fees to Hosts (“Host Fees“) and/or Guests (“Booking Fees“) (collectively, “Service Fees“) in consideration for the use of the Explify Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to booking a Listing. Explify reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Explify. The applicable Service Fees (including any applicable Taxes) are collected by Explify Payments. Explify Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Guest Fees are included in the Total Fees collected by Explify Payments. Except as otherwise provided on the Explify Platform, Service Fees are non-refundable.
7. Terms specific for Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Explify Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Explify. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price for your Listing. Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Host Services. Explify reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.6 The placement and ranking of Listings in search results on the Explify Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.7 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes.
7.1.8 Explify recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular 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 (and the individuals the Guest has booked for, if applicable) while participating in your Experience, Event or other Host Service.
- Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Explify and/or the Host, you can book a Listing available on the Explify Platform by following the respective booking process. All applicable fees, including the Listing Fee, Booking Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Explify Account.
8.1.2 Upon receipt of a booking confirmation from Explify, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Explify Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
8.2 Booking Experiences, Events and other Host Services
8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. At your sole discretion you may want to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
8.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Explify Platform.
8.4 Explify Travel Credits
Explify Travel Credits may be redeemed for eligible bookings via the Explify Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem Explify Travel Credits after the Explify Travel Credits are reflected in your Explify Account.
9. Booking Cancellations and Refunds, Resolution Center
9.1 Guests can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, and Explify Payments will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by Explify Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation.
9.4 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Explify will work with the Host and/or Guests to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, Explify may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons where Explify believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Explify, other Members, third parties or property, or for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue, Explify may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 If, as a Host, your Guest cancels a confirmed booking or Explify decides that it is necessary to cancel a confirmed booking, and Explify may issues a refund to the Guest in accordance with cancellation policy, you agree that in the event you have already been paid, Explify Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Explify Account, and Explify Payments will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests can leave a public review (“Review”) and submit a star rating (“Rating”). Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Explify. Ratings and Reviews are not verified by Explify for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Explify’s Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Explify Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Rounding off
Explify generally supports payment amounts that are payable from or to Guests or Hosts to the smallest unit supported by a given currency (i.e., U.S. cents, CAD cents or other supported currencies). Where Explify’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Explify 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 in which the currency is denominated (i.e. to the nearest dollar, CAD or other supported currency); for example, Explify may round up an amount of $201.50 to $202.00, and round down an amount of $201.49 to $201.00.
13.1 As a Host you are solely responsible for determining your obligations to report, collect, remit any applicable VAT, GST, PST or other indirect sales taxes, or income taxes (“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from Hosts, or to withhold Taxes from payouts to Hosts, or both. If a Host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
13.3 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority“) where your Listing is located may require Taxes to be collected from Guests or Hosts on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Hosts, a set amount per day, or other variations.
13. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Expify Platform. In connection with your use of the Explify Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies
- use the Explify Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Explify endorsement, partnership or otherwise misleads others as to your affiliation with Explify;
- use the Explify Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- unless Explify explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
- contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member’s use of the Explify Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Explify Platform to request, make or accept a booking independent of the Explify Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Explify Platform or Explify Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Explify harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the Explify Platform or Collective Content, or any individual element within the Explify Platform, Explify’s name, any Explify trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Explify Platform, without Explify’s express written consent;
- dilute, tarnish or otherwise harm the Explify brand in any way, including through unauthorized use of Collective Content, registering and/or using Explify or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Explify domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Explify Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Explify or any of Explify ‘s providers or any other third party to protect the Explify Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Explify Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Explify Platform;
13.2 You acknowledge that Explify has no obligation to monitor the access to or use of the Explify Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Explify Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Explify in good faith, and to provide Explify with such information and take such actions as may be reasonably requested by Explify with respect to any investigation undertaken by Explify or a representative of Explify regarding the use or abuse of the Explify Platform.
13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Explify by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14. Term and Termination, Suspension and other Measures
14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Explify terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Explify Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Explify Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
14.3 Explify may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
14.4 Explify may immediately, without notice, terminate this Agreement and/or stop providing access to the Explify Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, or our Policies , (ii) you have violated applicable laws, regulations or third party rights, or (iii) Explify believes in good faith that such action is reasonably necessary to protect the personal safety or property of Explify, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
14.5 In addition, Explify may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Explify Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Explify otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Explify believes in good faith that such action is reasonably necessary to protect the personal safety or property of Explify, its Members, or third parties, or to prevent fraud or other illegal activity:
- limit your access to or use of the Explify Platform;
- temporarily or in case of severe or repeated offenses permanently suspend your Explify Account and stop providing access to the Explify Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Explify and an opportunity to resolve the issue to Explify’s reasonable satisfaction.
14.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
14.7 When this Agreement has been terminated, you are not entitled to a restoration of your Explify Account or any of your Member Content. If your access to or use of the Explify Platform has been limited or your Explify Account has been suspended or this Agreement has been terminated by us, you may not register a new Explify Account or access and use the Explify Platform through an Explify Account of another Member.
If you choose to use the Explify Platform or Collective Content, you do so voluntarily and at your sole risk. The Explify Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Explify Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Explify relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events, other Host Services, may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Explify from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Explify Platform and Collective Content, your publishing or booking of any Listing via the Explify Platform, your participation in any Experience or Event or use of any other Host Service, or any other interaction you have with other Members whether in person or online remains with you.
Neither Explify nor any other party involved in creating, producing, or delivering the Explify Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of it.
Payments Terms of Service
These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and Explify Payments governing the Payment Services conducted through or in connection with the Explify Platform.
In certain situations, customers may be required to enter into unique payment processing agreements with Explify Payments. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.
1. Scope and Use of the Payment Services
1.1 Explify Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Explify Platform (“Payment Services”).
1.2 Explify Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Explify Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Explify Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Explify Payments of such Third-Party Services.
1.4 You may not use the Payment Services except as authorized by the laws of the jurisdiction that is your Country of Residence, and any other applicable laws.
1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Key Definitions
“Country of Residence” means the jurisdiction associated with your Explify Account as determined by Explify’s assessment of your residence using various data attributes associated with your Explify Account.
“Payout” means a payment initiated by Explify Payments to a Member for services (such as Listing Fees) performed in connection with the Explify Platform.
“Payment Method” means a financial instrument that you have added to your Explify Account, such as a credit card, debit card.
“Payout Method” means a financial instrument that you have added to your Explify Account, such as, direct deposit.
3. Modification of these Payments Terms
Explify Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Explify Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
4. Eligibility, Member Verification
4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services, you represent and warrant that you are 18 or older.
4.2 If you are agreeing to these Payments 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 Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4.3 Explify Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize Explify Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Explify Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5. Account Registration
5.1 In order to use the Payment Services, you must have an Explify Account in good standing. If you or Explify closes your Explify Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your Explify Account in accordance with Explify terms. You acknowledge and agree that anyone you authorize to use your Explify Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
6. Payment Methods and Payout Methods
6.1 When you add a Payment Method or Payout Method to your Explify Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Explify Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:
- your residential address, name on the account, account type, routing number, account number, email address, payout currency, and account information associated with a particular payment processor.
6.2 When you add or use a new Payment Method, Explify Payments may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Explify Account so it can be used for a future transaction.
6.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Explify Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
6.4 You authorize Explify Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Explify Account.
6.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Explify Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
7. Financial Terms for Hosts
Generally speaking, Explify Payments will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and Explify Payments.
7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your Explify Account. Explify Payments will generally initiate Payouts to your Explify Wallet within 24 hours of the start of the Experience and upon completion of the event verification process. Explify Payments will issue bi-monthly payout to Host. Any amount outstanding in your Explify Wallet will be issued to your Payout method on the 15th and the end of the month. Explify Payments may offer you a different time or trigger for payment. Any such alternative Payout option may be subject to additional terms and conditions.
7.2.2 The time it takes to receive Payouts once released by Explify Payments may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Explify Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
7.2.3 Your Payout for a booking will be the Listing Fee less applicable Explify Fees, Booking Fees and Taxes.
7.2.4 In the event of a Guest’s cancellation of a confirmed booking, Explify Payments will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.
7.2.5 Explify Payments will remit your Payouts in your currency of your bank account. Amounts may be rounded up or down as described in the Explify Terms.
7.2.6 For compliance or operational reasons, Explify Payments may limit the value of each individual Payout. If you are due an amount above that limit, Explify Payments may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
8. Financial Terms for Guests
8.1 You authorize Explify Payments to charge your Payment Method the Total Fees for any booking requested in connection with your Explify Account. Explify Payments will collect the Total Fees in the manner agreed between you and Explify Payments via the Explify Platform. Explify Payments will generally collect the Total Fees after the Host accepts your booking request. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation.
8.2 When you request to book a Listing, Explify Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.
8.3 If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Explify Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
8.4 You authorize Explify Payments to perform the Payment Method verifications and to charge your Payment Method for any bookings made in connection with your Explify Account. You hereby authorize Explify Payments to collect any amounts due, by charging the Payment Method provided at checkout, either directly by Explify Payments or indirectly, via a third-party online payment processor.
9. Appointment of Explify Payments as Limited Payment Collection Agent
9.1 Each Member collecting payment for services provided via the Explify Platform (such as Host Services, or certain transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints Explify Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
9.2 Each Providing Member agrees that payment made by a Purchasing Member through Explify Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Explify Payments may refund the Purchasing Member in accordance with the Explify Terms. Each Providing Member understands that Explify Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. Explify Payments guarantees payments to Providing Members only for such amounts that have been successfully received by Explify Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, Explify Payments assumes no liability for any acts or omissions of the Providing Member.
9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Explify Payments is not a party to the agreement between you and the Providing Member, Explify Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to Explify Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Explify Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute Explify Payments’ agreement with the Purchasing Member. In the event that Explify Payments does not remit any such amounts, the Providing Member will have recourse only against Explify Payments and not the Purchasing Member directly.
10. General Financial Terms
Explify Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Explify Platform.
10.2 Payment Authorizations
You authorize Explify Payments to collect from you amounts due pursuant to these Payment Terms or the Explify Terms. Specifically, you authorize Explify Payments to collect from you:
- Any amount due to Explify (e.g., as a result of your bookings, cancellations, or other actions as a Guest, Host or user of the Explify Platform), including reimbursement for costs prepaid by Explify on your behalf, by charging any Payment Method on file in your Explify Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by Explify Payments will set off the amount owed by you to Explify and extinguish your obligation to Explify.
- Any amount due to a Providing Member from a Purchasing Member which Explify collects as the Providing Member’s payment collection agent as further set out in Section above.
- Taxes, where applicable and as set out in the Explify Terms.
- Any amount paid through the Resolution Center in connection with your Explify Account. Explify Payments may do so by charging the Payment Method associated with the relevant booking, or any other Payment Method on file in your Explify Account (unless you have previously removed the authorization to charge such Payment Method(s)), or by withholding the amount from your future Payouts.
- Any Service Fees or cancellation fees imposed pursuant to the Explify Terms (e.g., if, as a Host, you cancel a confirmed booking). Explify Payments will be entitled to recover the amount of any such fees from you, including by subtracting such refund amount out from any future Payouts due to you.
- Fees improperly paid to you as a Host If, as a Host, your Guest cancels a confirmed booking or Explify decides that it is necessary to cancel a confirmed booking, and Explify issues a refund to the Guest in accordance with the Explift Terms, Refund Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Explify Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, 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.
10.3.1 Any refunds or credits due to a Member pursuant to the Explify Terms will be initiated and remitted by Explify Payments.
10.3.2 All refunds may be subject to the Explify Terms, and Guest Refund Policy. If a Guest or Explify decides for any reason to cancel a confirmed booking pursuant to the Explify Terms, Guest Refund Policy, you agree that Explify Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
10.4 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 Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Explify Payments or a third party such as your financial institution.
If Explify Payments is unable to collect any amounts you owe under these Payments Terms, Explify Payments may engage in collection efforts to recover such amounts from you. Explify Payments will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after Explify Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Explify and/or Explify Payments by you. Such communication may be made by Explify, Explify Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
11. Currency Conversion
Explify Payments will process each transaction in the currency the Member selects via the Explify Platform. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s Country of Residence or Explify contracting entity(ies). Any such limitations will be communicated via the Explify Platform, and you will be prompted to select a different currency, Payment Method or Payout Method. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and Explify Payments is not responsible for any such fees and disclaims all liability in this regard.
12. Abandoned Property
If we cannot initiate a Payout, refund, or pay other funds due to you for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting such funds to the appropriate governing body as required by law.
13. Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Explify Terms, Policies;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your Explify Account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Explify Payments or any of Explify Payments’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14. Intellectual Property Ownership, Rights Notices
14.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Explify, Explify Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Explify or Explify Payments used on or in connection with the Payment Services are trademarks or registered trademarks of Explify or Explify Payments. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.
14.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Explify, Explify Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
15.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
15.2 Notwithstanding Explify Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the Explify Platform, Explify Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Explify Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
15.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
15.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
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