Terms & Conditions

Terms of Service

Last Updated: March 28, 2018

Welcome to Hungabee!

Hungabee Marketplace Inc. (hereinafter, “Hungabee,” “we,” “us,” or “our”) owns and operates the www.hungabee.ca website, including any subdomains thereof, and any other websites through which Hungabee makes the Hungabee Services available (collectively, “Site”), and all associated services (collectively, “Hungabee Services”). The Site and Hungabee Services together are hereinafter collectively referred to as the “Hungabee Marketplace Platform” or the “Platform.”

The following terms of service (“Terms”) govern all use of the Hungabee Marketplace Platform. The Hungabee Marketplace Platform is offered for your use subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and guidelines and procedures that may be published from time to time by Hungabee, which are incorporated by reference into these Terms.

Please read these Terms carefully before accessing or using the Hungabee Marketplace Platform. By accessing or using any part of the Platform, you agree to be bound by the Terms. If you do not agree to the Terms, then you may not access or use the Platform.

  1. Acceptance of Terms
    1. These Terms comprise an electronic contract that establishes the legally binding terms you must accept to use the Platform. The Terms include Hungabee’s Privacy Policy.
    2. By accessing or using the Platform, you accept the Terms and agree to the terms, conditions and notices contained or referenced herein and consent to have the Terms and all notices provided to you in electronic form. The Terms may be modified by Hungabee from time to time, such modifications to be effective upon posting by us on the Site. We shall notify you of changes to the Terms through notices on the Site or by email, or both. To withdraw your consent, you must cease using the Platform.
    3. Hungabee 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 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 do not wish to be bound by the revised Terms, you must cease using the Platform. Your continued access to or use of the Hungabee Marketplace Platform will constitute acceptance of the revised Terms.
    4. If you breach any provision of these Terms, your right to access and use the Platform shall cease immediately.
  2. Scope of Hungabee Services
    1. The Hungabee Marketplace Platform is an online marketplace that enables registered and unregistered users (“Guests”) to connect directly with vendors (“Vendors”) who offer services and activities (“Experiences”), which they advertise on the Hungabee Marketplace Platform (“Listings”). Experiences may include the offering of single or multi-day activities in various categories, access to unique events and locations (“Events”), and a variety of other related services. Guests and Vendors are collectively referred to in these Terms as “Users.”
    2. As the provider of the Hungabee Marketplace Platform, Hungabee does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Experiences. Vendors alone are responsible for their Listings and Experiences. When Users make or accept a booking, they are entering into a contract directly with each other. Hungabee is not and does not become a party to or other participant in any contractual relationship between Users.
    3. While we may help facilitate the resolution of disputes, Hungabee has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Experiences; (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Vendor Content (as defined below); or (iii) the performance or conduct of any User or third party. As such, Hungabee makes no representations or warranties whatsoever with respect to any Listing or Experience or the actions of any User or third party, nor does Hungabee endorse any User, Listing or Experience. Any references to a Vendor being “verified” (or similar language) only indicate that the Vendor has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Hungabee about any Vendor, including of the Vendor’s identity or background or whether the Vendor is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in an Experience or use other Vendor services.
    4. If you choose to use the Hungabee Marketplace Platform as a Vendor, your relationship with Hungabee is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Hungabee 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 Hungabee.
    5. To promote the Hungabee Marketplace Platform and to increase the exposure of Listings to potential Users, Listings and other Vendor Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Listings and other Vendor Content may be translated, in whole or in part, into other languages. Hungabee cannot guarantee the accuracy or quality of such translations and Vendors are responsible for reviewing and verifying the accuracy of such translations. The Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
    6. Hungabee cannot guarantee the continuous and uninterrupted availability and accessibility of the Hungabee Marketplace Platform. Hungabee may restrict the availability of the 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 Platform. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed through the Platform and without notice from time to time. We reserve the right to suspend or discontinue the Platform, in whole or in part, without notice. We shall not be liable to you for any modification, suspension, or discontinuation of the Platform.
    7. Hungabee shall have no obligation to provide you with any support or maintenance in connection with the Services.
  3. Using the Hungabee Marketplace Platform
    1. You must be at least 19 years old and able to enter into legally binding contracts to access and use the Platform or register an account. By accessing or using the Hungabee Marketplace Platform you represent and warrant that you are 19 or older and have the legal capacity and authority to enter into a contract.
    2. Hungabee may make the access to and use of the Hungabee Marketplace Platform, or certain areas or features of the Hungabee Marketplace 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 booking and cancellation history.
    3. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User 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 Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, 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).
    4. The access to or use of certain areas and features of the Hungabee Marketplace 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 Hungabee Marketplace 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.
    5. Some areas of the Hungabee Marketplace 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.
  4. Account Registration
    1. You can register an account (“Hungabee Account”) to access and use certain features of the Hungabee Marketplace Platform, such as publishing, booking, or cancelling a Listing. If you are registering a Hungabee 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.
    2. You can register a Hungabee Account using an email address and creating a password, or, if the option is available, through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”). You have the ability to disable the connection between your Hungabee Account and your SNS Account at any time, by accessing the “Settings” section of the Platform.
    3. You must provide accurate, current and complete information during the registration process and keep your Hungabee Account and public Hungabee Account profile page information up-to-date at all times. We accept no responsibility for any loss or damage to you arising from Hungabee Account information that is not correct, complete, and accurate, or is misleading.
    4. You may not register more than one (1) Hungabee Account unless Hungabee authorizes you to do so. You may not assign or otherwise transfer your Hungabee Account to another party.
    5. You are responsible for maintaining the confidentiality and security of your Hungabee Account credentials and may not disclose your credentials to any third party. You must immediately notify Hungabee 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 Hungabee Account. You are liable for any and all activities conducted through your Hungabee 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). We accept no responsibility for loss or damage resulting from failure to keep your information confidential or from failing to notify us of unauthorized use of your Hungabee Account.
    6. Hungabee may enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your Hungabee Account. For example, we may allow associated Users to book Experiences for each other, we may allow Users to book Experiences for others as gifts, or we may allow Vendors to add other Users as administrators to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Hungabee to ask for your credentials, and you shall not request the credentials of another User.
    7. You may delete your Hungabee Account by following the instructions on the Platform.
    8. We may, in our sole discretion, terminate your Hungabee Account and your access to the Platform at any time if you are in breach of these Terms.
  5. User Content
    1. Hungabee may, at its sole discretion, enable Users 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 Hungabee Marketplace Platform (“User Content”); and (ii) access and view User Content and any content that Hungabee itself makes available on or through the Hungabee Marketplace Platform, including proprietary Hungabee content and any content licensed or authorized for use by or through Hungabee from a third party (“Hungabee Content” and together with User Content, “Collective Content”).
    2. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Hungabee Marketplace Platform, you grant to Hungabee a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Hungabee Marketplace Platform, in any media or platform. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to the User Content. Unless you provide specific consent, Hungabee does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
    3. You are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Hungabee the rights in and to such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Hungabee’s use of the User 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.
    4. You will not post, upload, publish, submit or transmit any User 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; (v) promotes illegal or harmful activities or substances; or (vi) violates any Hungabee policy.
    5. We do not sponsor or endorse your User Content. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms or otherwise create liability for us or any third party. Such action may include removing or modifying your User Content, terminating your Hungabee Account, and/or reporting you to law enforcement authorities.
    6. We make no guarantees regarding the accuracy, currency, suitability, or quality of any content from other Users. Your interactions with other Users are solely between you and such other Users. You agree that Hungabee will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other User, we are under no obligation to become involved.
    7. We are not obligated to keep a backup of the User Content. We accept no liability for lost User Content.
  6. Permitted Use of Platform
    1. You are not permitted to use the Platform, or to assist others in using the Platform, to:
      1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights;
      2. use the Hungabee Marketplace 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 Hungabee endorsement, partnership or otherwise misleads others as to your affiliation with Hungabee;
      3. copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Hungabee Marketplace Platform in any way that is inconsistent with Hungabee’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
      4. use the Hungabee Marketplace Platform in connection with the distribution of unsolicited commercial messages;
      5. unless Hungabee explicitly permits otherwise, book any Listing as a Guest if you will not actually be using the Experience yourself;
      6. contact another User for any purpose other than asking a question related to your own booking, Listing, or the use of the Platform, including, but not limited to, recruiting or otherwise soliciting any Vendor to join third-party services, applications or websites, without our prior written approval;
      7. use the Hungabee Marketplace Platform to request, make or accept a booking independent of the Hungabee Marketplace Platform, to circumvent any Service Fees or for any other reason;
      8. request, accept or make any payment for Listing Fees outside of the Hungabee Marketplace Platform. 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 Hungabee harmless from any liability for such payment;
      9. 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 abusive or disruptive behavior;
      10. use, display, mirror or frame the Hungabee Marketplace Platform or Collective Content, or any individual element within the Hungabee Marketplace Platform, Hungabee’s name, any Hungabee trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Hungabee Marketplace Platform, without Hungabee’s express written consent;
      11. dilute, tarnish or otherwise harm the Hungabee brand in any way, including through unauthorized use of Collective Content, registering and/or using Hungabee 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 Hungabee domains, trademarks, taglines, promotional campaigns or Collective Content;
      12. 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 Hungabee Marketplace Platform for any purpose;
      13. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Hungabee or any of Hungabee’s providers or any other third party to protect the Hungabee Marketplace Platform;
      14. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Hungabee Marketplace Platform;
      15. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Hungabee Marketplace Platform; or
      16. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
    2. You acknowledge that Hungabee has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Hungabee Marketplace Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ 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 User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Hungabee in good faith, and to provide Hungabee with such information and take such actions as may be reasonably requested by Hungabee with respect to any investigation undertaken by Hungabee or a representative of Hungabee regarding the use or abuse of the Hungabee Marketplace Platform.
    3. If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone (i) who engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) who engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Hungabee by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
  7. Service Fees
    1. Hungabee may charge fees to Vendors (“Vendor Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the Hungabee Platform.
    2. For Vendors, information about when Vendor Fees apply and how they are calculated can be found in the Vendor Agreement signed between you and Hungabee.
    3. Any applicable Guest Fees (including any applicable taxes) will be displayed to a Guest prior booking a Listing.
    4. Hungabee reserves the right to change the Service Fees at any time, and we will provide Users adequate notice of any fee changes before they become effective. You are responsible for paying any Service Fees that you owe to Hungabee. Except as otherwise provided on the Hungabee Marketplace Platform, Service Fees are non-refundable.
  8. Terms Specific for Vendors

    Terms Applicable to all Listings
    1. When creating a Listing through the Hungabee Marketplace Platform you must
      1. provide complete and accurate information about your Experience (such as listing description, location, and calendar availability);
      2. disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience); and
      3. provide any other pertinent information requested by Hungabee. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
    2. You are solely responsible for setting a price (including any taxes if applicable) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than the Listing Fee in the booking.
    3. Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
    4. Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of the Experience(s) you offer. Hungabee reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
    5. The placement and ranking of Listings in search results on the Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Vendor requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Experience, and/or ease of booking.
    6. 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 Experience(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Vendor Fee and any applicable taxes.
    7. Hungabee recommends that Vendors obtain appropriate insurance. 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.

      Listing Experiences, Events and other Services
    8. To list an Experience, you must create a Listing and submit the Experience to Hungabee. To be considered for publishing on the Hungabee Marketplace Platform, Experiences must at all times meet the quality standards for Experiences and meet Guest demand. Hungabee reserves the right to decide, in its sole discretion, if a submitted Experience will be published on the Hungabee Marketplace Platform.
    9. When listing an Experience you must, where applicable, fully educate and inform Guests about
      1. any risks inherent to the Experience,
      2. any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and
      3. anything else they may need to know to safely participate in the Experience (including dress codes, equipment, special certifications or licenses, etc.).
    10. You represent and warrant that you
      1. understand and comply with all laws, rules and regulations that may apply to your Experience, and
      2. will obtain any required licenses, permits, or registrations prior to providing your Experience. You alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your Listings and Experiences. In some jurisdictions, you may have to register, get a permit or obtain a license before preparing food or serving alcohol for sale. Some jurisdictions may require a license to guide tours or to sail. You alone are responsible for identifying and obtaining any required licenses, permits, or registrations for any Experiences you offer. Certain types of Experiences may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Experience(s) on the Platform, you should always seek legal guidance.
    11. You must provide an Experience in person and may not allow any third party to provide the Experience on your behalf, unless authorized by Hungabee.

      Vendor Managers
    12. Hungabee may enable Vendors to authorize other Users (“Vendor Manager”) to administer the Vendor’s Listing(s), and to bind the Vendor and take certain actions in relation to the Listing(s) as permitted by the Vendor, such as accepting booking requests, messaging and welcoming Guests, and updating the Listing Fee and calendar availability (collectively, “Vendor Manager Services”). Any agreement formed between Vendor and Vendor Manager may not conflict with these Terms. Vendor Managers may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Hungabee. Hungabee reserves the right, in our sole discretion, to limit the number of Vendor Managers a Vendor may invite for each Listing and to limit the number of Listings a Vendor Manager may manage.
    13. Vendors and Vendor Managers agree that each activity, booking, or other transaction reported on the Hungabee Marketplace Platform, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and Hungabee, within 21 days of posting of the disputed activity, booking or other transaction on the Hungabee Marketplace Platform.
    14. Vendors should exercise due diligence and care when deciding who to add as a Vendor Manager to their Listing(s). Vendors remain solely responsible and liable for any and all Listings and User Content published on the Hungabee Marketplace Platform, including any Listing created by a Vendor Manager on the Vendor’s behalf. Further, Vendors remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Vendor Manager(s). Vendor Managers remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Vendor Manager, including, but not limited to, conduct that causes harm or damage to the Vendor. In addition, both Vendor and Vendor Manager are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to activities, communications with Guests, and the provision of any Vendor Manager Services.
    15. The Vendor and Vendor Manager may terminate the Vendor Manager arrangement according to the terms of their agreement. In addition, both Vendor and Vendor Manager acknowledge that their Vendor Manager relationship will terminate in the event that Hungabee
      1. terminates the Vendor Manager service or
      2. terminates either party’s participation in the Vendor Manager service. When the Vendor Manager agreement is terminated, the Vendor will remain responsible for all of the Vendor Manager’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a user is removed as a Vendor Manager, that user will no longer have access to any Vendor or Guest information related to the applicable Vendor’s Listing(s).
    16. As a Vendor Manager, you will not be reviewed by Guests, meaning that your Vendor Manager activities will not affect your Reviews or Ratings for other Listings for which you are a Vendor. Instead, the Vendor of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Vendor Manager’s conduct and performance). Vendor acknowledge that Reviews and Ratings from Guests for their Listing(s) may be impacted by a Vendor Manager’s conduct and performance.
  9. Terms Specific for Guests
    1. Subject to meeting any requirements (such as completing any verification processes) set by the Vendor, you can book a Listing available on the Hungabee Marketplace Platform by following the respective booking process. All applicable fees, including the Listing Fee, security deposit (if applicable), Guest 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 Hungabee Account.
    2. Upon receipt of a booking confirmation from Hungabee, a legally binding agreement is formed between you and your Vendor, subject to any additional terms and conditions of the Vendor that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Hungabee will collect the Total Fees at the time of the booking request or upon the Vendor’s confirmation.
    3. If you book an Experience on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Vendor, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Vendor. 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 Service if accompanied by an adult who is responsible for them.
    4. You should carefully review the description of any Experience 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 Vendor has specified in their Listing. You are required to inform the Vendor of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience. In addition, certain laws, like the minimum legal drinking age in the location of the Experience 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.
    5. Before and during an Experience you must at all times adhere to the Vendor’s instructions.
    6. You may not bring any additional individuals to an Experience unless such an individual was added by you as an additional guest during the booking process on the Platform.
  10. Booking Modifications, Cancellations and Refunds
    1. Vendors and Guests are responsible for any modifications to a booking that they make via the Hungabee Marketplace Platform, or direct Hungabee customer service to make (“Booking Modifications”), and agree to pay any additional Listing Fees, Vendor Fees or Guest Fees and/or taxes associated with such Booking Modifications.
    2. Registered Guests with an Account can cancel a confirmed booking at any time subject to the Listing’s cancellation policy. Unregistered Guests may cancel a confirmed booking by contacting Hungabee, subject to the Listing’s cancellation policy. For bookings cancelled by a Guest, Hungabee will provide any refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Vendor under the applicable cancellation policy will be remitted to the Vendor by Hungabee.
    3. If a Vendor cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking. In addition, Hungabee may
      1. keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or
      2. impose a cancellation fee on the Vendor, unless the Vendor has a valid reason for cancelling the booking or has legitimate concerns about the Guest’s behavior.
    4. If inclement weather creates an unsafe or uncomfortable scenario for Guests attending an Experience, Vendors may modify or cancel such Experience. If there is a substantial change in the itinerary or the Experience needs to be cancelled, Hungabee will work with the Vendor to provide Guests an alternative date for the Experience, an appropriate refund or a rebooking.
    5. In certain circumstances, Hungabee 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
      1. where Hungabee believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Hungabee, other Users, third parties or property, or
      2. for any of the reasons set out in these Terms.
  11. Ratings and Reviews
    1. Within a certain timeframe after completing a booking, Guests can leave a public review (“Review”) and submit a star rating (“Rating”) about the Experience and Vendor. Any Ratings or Reviews reflect the opinion of individual Users and do not reflect the opinion of Hungabee. Ratings and Reviews are not verified by Hungabee for accuracy and may be incorrect or misleading.
    2. Ratings and Reviews by Guests must be fair, truthful and factual and may not contain any offensive or defamatory language. Hungabee may remove any Ratings or Reviews that do not comply with these Terms.
    3. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another User.
  12. Payment Services
    1. Hungabee uses the third party payment platforms Stripe and Paypal (the “Third Party Payment Services”) to process credit and debit card transactions through the Platform. By using the Platform and agreeing to the Terms, you also agree to be bound by the Third Party Payment Services’ terms of use (stripe.com/ca/legal and https://www.paypal.com/ca/webapps).
    2. You expressly understand and agree that Hungabee shall not be liable for any payments and monetary transactions that occur through your use of the Platform. You expressly understand and agree that all payments and monetary transactions are handled by the Third Party Payment Services. You agree that Hungabee shall not be liable for any issues regarding financial and monetary transactions between you, other Users, and any other party, including the Third Party Payment Services.
    3. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Platform and/or the Third Party Payment Services. Hungabee is not liable for loss or damage from errant or invalid transactions processed with your Third Party Payment Services account(s). This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.
    4. You understand that Hungabee uses the Third Party Payment Services to run transactions through the Platform and that the Third Party Payment Services are subject to change at any time and such changes may adversely affect the services provided as part of the Platform. You understand and agree to not hold Hungabee liable for any adverse effects that actions (whether intentional or unintentional) on the part of the Third Party Payment Services may cause to your Third Party Payment Services account(s), your Hungabee Account, or your business.
  13. Currency Conversion
    1. The Hungabee Marketplace Platform facilitates bookings between Guests and Vendors who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. The currencies available for Users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
  14. Taxes
    1. You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your business is located may require taxes to be collected from Guests or Vendors on Listing Fees, and to be remitted to the respective Tax Authority. As a Vendor you are solely responsible for determining your obligations to report, collect, remit to any Tax Authority or include in your Listing Fees any applicable GST, PST, HST, or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes”).
    2. Tax regulations may require us to collect appropriate tax information from Vendors, or to withhold Taxes from payouts to Vendors, or both. If a Vendor 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. It is the Vendors’ responsibility to notify us of any changes to their applicable Taxes and we accept no liability for any Vendor tax liability.
  15. Third Party Links
    1. We may provide links through the Platform to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. Hungabee has not reviewed all of the sites linked through the Platform and accepts no responsibility for the contents of third party websites. The inclusion of any link does not imply endorsement by Hungabee of the site. Use of any such linked website is at the user’s own risk. Any links to third party websites or services are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their website.
  16. Intellectual Property
    1. The Hungabee Marketplace Platform and Hungabee Content may in their entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the Platform and Hungabee Content, including all associated intellectual property rights, are the exclusive property of Hungabee 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 Hungabee Marketplace Platform or Hungabee Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Hungabee used on or in connection with the Hungabee Marketplace Platform and Hungabee Content are trademarks or registered trademarks of Hungabee in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Hungabee Marketplace Platform, Hungabee Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
    2. 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 Hungabee Platform or Collective Content, except to the extent you are the legal owner of certain User 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 Hungabee or its licensors, except for the licenses and rights expressly granted in these Terms.
    3. Subject to your compliance with these Terms, Hungabee grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to
      1. install and/or use the Platform; and
      2. access and view any Collective Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.
    4. Any third party trademarks, service marks or other intellectual property displayed on through the Services are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third party intellectual property used in the Platform, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third party intellectual property for your own purpose. Hungabee respects copyright law and expects its Users to do the same. If you believe that any content on the Hungabee Marketplace Platform infringes copyrights you own, please notify us.
  17. Privacy
    1. We are committed to protecting your privacy. We process your information in line with our Privacy Policy. By using the Platform, you agree to the way in which we process and deal with your personal information.
  18. Term and Termination, Suspension and other Measures
    1. These Terms remain in full force and effect while you use the Platform and/or have a Hungabee Account.
    2. If you no longer wish to be bound by these Terms, you must discontinue using the Platform and terminate your Hungabee Account via the “Cancel Account” feature on the Platform or by sending us an email.
    3. You acknowledge and agree that we, in our sole discretion, may terminate your access to the Platform and terminate your Hungabee Account for any reason, including, without limitation, your breach of these Terms. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to the Platform. You acknowledge and agree that any termination of your access to the Platform may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Hungabee Account and bar any further access to the Platform. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Platform. Upon termination, your information may be deleted or kept as necessary.
    4. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
    5. If you are a Vendor and you Hungabee Account is terminated for any reason, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you are a Guest and you Hungabee Account is terminated for any reason, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
    6. Hungabee may take any of the following measures
      1. to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if
      2. you have breached these Terms or any other policies we have in place from time to time, applicable laws, regulations, or third party rights,
      3. you have provided inaccurate, fraudulent, outdated or incomplete information during the Hungabee Account registration, Listing process or thereafter,
      4. you and/or your Listings or Experiences at any time fail to meet any applicable quality or eligibility criteria,
      5. you have repeatedly received poor Ratings or Reviews or Hungabee otherwise becomes aware of or has received complaints about your performance or conduct,
      6. you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or
      7. Hungabee believes in good faith that such action is reasonably necessary to protect the personal safety or property of Hungabee, its Users, or third parties, or to prevent fraud or other illegal activity:
        1. refuse to surface, delete or delay any Listings, Ratings, Reviews, or other User Content;
        2. cancel any pending or confirmed bookings;
        3. limit your access to or use of the Hungabee Marketplace Platform;
        4. temporarily or permanently revoke any special status associated with your Hungabee Account; or
        5. temporarily or in case of severe or repeated offenses permanently suspend your Hungabee Account.
    7. At Hungabee’s discretion, you may be given notice of any intended measure by Hungabee and an opportunity to resolve the issue to Hungabee’s reasonable satisfaction prior to any further action being taken.
    8. If we take any of the measures described above
      1. we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and
      2. you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
    9. If your access to or use of the Platform has been suspended or otherwise limited or your Hungabee Account has been terminate by us, you may not register a new Hungabee Account or access and use the Platform through the Hungabee Account of another Member. If your Hungabee Account is terminated for any reason, you are not entitled to a restoration of your Hungabee Account or any of your User Content.
  19. Disclaimers
    1. If you choose to use the Hungabee Marketplace Platform, you do so voluntarily and at your sole risk. The Hungabee Marketplace Platform is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
    2. If you access or transmit any content through the use of the Platform, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Platform, whether caused by Users or by any of the programming associated with or utilized in the Platform. We are not responsible for the conduct, whether online or offline, of any User of the Platform. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
    3. We do not warrant that:
      1. the Platform will meet your requirements;
      2. access to the Platform will be uninterrupted, timely, secure, or error-free;
      3. the quality or reliability of the Platform will meet your expectations;
      4. any information you provide or we collect will not be disclosed to third parties;
      5. any account on the Platform is accurate, up to date or authentic; or
      6. third parties will not use your confidential information in an unauthorized manner.
    4. If we choose to conduct identity verification or background checks on any User, 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 User or guarantee that a User will not engage in misconduct in the future.
    5. You agree that some Experiences may carry inherent risk, and by participating in those Services, you choose to assume those risks voluntarily. For example, some Experiences may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Experiences. You assume full responsibility for the choices you make before, during and after your participation in an Experience. 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 Experience and to the maximum extent permitted by law, you agree to release and hold harmless Hungabee from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Experience or in any way related to your Experience or use of the Platform.
    6. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Platform or any conduct or interactions between Users of the Platform, whether online or offline.
  20. Liability
    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 Hungabee Marketplace Platform, your publishing or booking of any Listing via the Hungabee Marketplace Platform, participation in any Experience, or any other interaction you have with other Users whether in person or online remains with you.
    2. You agree that neither we nor our affiliates, officers, directors, employees, agents and licensors will be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Platform, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability, or losses, 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, death, or emotional distress arising from, relating to, or connected with:
      1. the use or inability to use the Platform;
      2. disclosure of, unauthorized access to or alteration of your Hungabee Account;
      3. actions or inactions of other Users or any other third parties for any reason; or
      4. any other matter arising from, relating to or connected with the Platform or these Terms.
    3. We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
    4. Hungabee expressly disclaims any liability that may arise between Users related to or arising from use of the Platform. You hereby release and forever discharge Hungabee and its affiliates, officers, directors, employees, agents and licensors from any and all claims, demands, damages (actual or consequential) of every kind and nature, whether known or unknown, contingent or liquidated, arising from or related to any dispute or interactions with any other User, whether online or in person, whether related to the use of the Platform or otherwise.
    5. You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Platform. You acknowledge and agree that such provisions are reasonable and fair.
  21. Indemnification
    1. You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use or misuse of the Platform, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any User of the Platform or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.
  22. Dispute Resolution and Arbitration Agreement
    1. In the event a dispute arises out of or in connection with these Terms, the parties shall attempt to resolve the dispute through friendly consultation.
    2. If the dispute is not resolved within a reasonable period then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.
  23. Feedback
    1. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Hungabee Marketplace Platform (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Hungabee Marketplace Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  24. General Provisions
    1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Hungabee and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Hungabee and you in relation to the access to and use of the Hungabee Marketplace Platform.
    2. No joint venture, partnership, employment, or agency relationship exists between you and Hungabee as a result of these Terms or your use of the Hungabee Marketplace Platform.
    3. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
    4. Hungabee’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
    5. You may not assign, transfer or delegate your rights and obligations hereunder without Hungabee’s prior written consent. Hungabee may without restriction assign, transfer or delegate rights and obligations hereunder, at its sole discretion, with 30 days prior notice.
      Unless specified otherwise, any notices or other communications to Users permitted or required under these Terms will be in writing and given by Hungabee via email, Platform notification, or messaging service (including SMS).
  25. Contact
    1. If you have any questions or concerns about these Terms, you may contact us at hello@hungabee.ca.

 

 

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