IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. The following terms and conditions ("Terms") apply to the use of terraintravellers.com ("Website") including the Trails offered on the Website (the "Services"). By accessing and using this Website, you agree to each of the terms and conditions ("Terms") set forth herein. If you do not agree to these Terms, please do not use the Website or Services.
The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Website or using the Services for any reason.
Definition. "Your Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process as a user, or through the use of our Platform, in any public message board (including the details section of the published trails,) or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of Your Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information" [your name (if provided) and location are considered Public Information]; any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
Restrictions. In consideration of your use of our Platform, you agree that your Information:
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
2.1 Trail Communications. You understand that certain communications, such as newsletters, are part of our Platform. By using our Platform, you expressly agree to receive such communications from TerrainTravellers. However, some basic communications are a necessary part of our Platform and may not be disabled.
2.2 Communications with Tour and/or Activity Operators/Vendors &Trail Members of the Trail.
2.3 Role of Tour and/or Activity Operators/Vendors. You understand that the Tour and/or Activity Operator/Vendor of the trail i.e. the respective Tour and/or Activity Operator/Vendor has the right, in his or her sole discretion, to temporarily suspend, indefinitely suspend or terminate you in the trail booked with him. Please be aware that a Tour and/or Activity Operator/Vendor is : (a) not TerrainTravellers' representative or agent, and therefore aTour and/or Activity Operators/Vendors shall not enter into contractual relations or obligations on TerrainTravellers behalf; (b) not entitled to enter into contractual relations or obligations on behalf of specific Trail members unless expressly agreed by those Trail members; and (c) acting independently, and therefore no contractual relationship or obligation arises between aTour and/or Activity Operator/Vendor or an individual Trail member unless otherwise agreed.
2.4 Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and utmost prudence when using our website. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.
If you book trails that are published by Tour and/or Activity Operators/Vendors through the Website (a "Trail"), TerrainTravellers will pass your contact information and trail details to the requisiteTour and/or Activity Operators/Vendors.
By booking your Trail, you authorize TerrainTravellers to pass your contact information to Tour and/or Activity Operators/Vendors and you are expressly inviting Tour and/or Activity Operators/Vendors to contact you by telephone or email according to the numbers and email addresses you have provided at the time of booking. You hereby consent to any such calls even if your phone number is on any Do Not Call list. By booking a Trail, you furthermore authorize TerrainTravellers to follow up with you with respect to a Trail booked by you and to contact you regarding any future TerrainTravellers promotions or services.
For the purposes of these terms, a "Tour and/or Activity Operator/Vendor" is any person or entity who acts as an operator/agent or a supplier of, sells or offers for sale any travel, transportation or vacation related services or arrangements.
The Tour and/or Activity Operators/Vendors, not TerrainTravellers, are solely responsible for honouring any confirmed bookings and making available any Trails reserved through the Services. If you, as a Traveller, choose to enter into a transaction with any Tour and/or Activity Operators/Vendors for the booking of a Trail, you agree and understand that you will be required to enter into an agreement (including releases) with the Tour and/or Activity Operators/Vendors and you agree to accept any terms, conditions, rules and restrictions associated with such Trail imposed by the Tour and/or Activity Operators/Vendors. Tour and/or Activity Operators/Vendors may not change the Trail Cost after a booking has been confirmed unless the Tour and/or Activity Operator/Vendor asks for your Consent (changes might include additional services that you request from the Tour and/or Activity Operator/Vendor). If a booking has not yet been confirmed by the Tour and/or Activity Operator/Vendor, the Tour and/or Activity Operator/Vendor may change the price, details, add discounts, local payments and other services requested by you but the Tour and/or Activity Operator/Vendor must notify you of this change and you must consent to this change before the Tour and/or Activity Operator/Vendor can confirm your booking. You acknowledge and agree that you, and not TerrainTravellers, will be responsible for performing the obligations of any such agreements, that TerrainTravellers is not a party to such agreements, and that, with the exception of its payment obligations hereunder, TerrainTravellers disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that TerrainTravellers is not a party to any agreements between you and the Tour and/or Activity Operator/Vendor, TerrainTravellers acts as the Tour and/or Activity Operators/Vendor's payment agent for the limited purpose of accepting payments from you on behalf of the Tour and/or Activity Operator/Vendor. Upon your payment of amounts to TerrainTravellers which are due to the Tour and/or Activity Operator/Vendor, your payment obligation to the Tour and/or Activity Operator/Vendor is extinguished, and TerrainTravellers will remit to the Operator the difference between the Trail Cost minus the Service Fee (defined below). The secure payment provider that TerrainTravellers uses to process all payments is PayU.
If, as a Traveller, you cancel your requested booking by raising a ticket OR if the Tour and/or Activity Operator/Vendor declines your booking request due to non-availability which will automatically cancel any pre-authorization to your credit card Tour and/or Activity Operator/Vendor will refund any nominal amounts charged to your credit/debit card/bank account in connection with the requested booking within a commercially reasonable time (7-10 business days). You agree to pay TerrainTravellers the Deposit for any booking requested in connection with your TerrainTravellers Account if such requested bookings are confirmed by the Tour and/or Activity Operator/Vendor. Once your booking is confirmed and you have received email acknowledgement, what you have paid is non-refundable. Such Cancellation of bookings will result in the costs being 100% forfeited.
Neither TerrainTravellers nor the Tour and/or Activity Operators/Vendors selling their trails on terraintravellers.com offer or pay any discounts or refunds for missed or unused services which were missed or unused by the traveller due to no fault of TerrainTravellers, or Tour and/or Activity Operators/Vendors working with TerrainTravellers, which shall include any termination of the traveller's participation in the trail due to the traveller's own fault, negligence or breach of these Terms.
All travellers’ complaints about their experience on trail will be passed onto the Tour and/or Activity Operator/Vendor's team to resolve. TerrainTravellers is committed to working with Tour and/or Activity Operators/Vendors to achieve a high level of service. If the response time and/or response quality of the Tour and/or Activity Operator/Vendor however continue to fall below acceptable timing and quality despite our working together to rectify any issues, TerrainTravellers reserves the right to remove the Tour and/or Activity Operator/Vendor’s trail listings from terraintravellers.com Marketplace, Affiliate websites, Mobile Apps and remove any Applications provided by us.
If a Tour and/or Activity Operator/Vendor cancels a confirmed booking made via the Booking Service, such Tour and/or Activity Operator/Vendor will refund through TerrainTravellers any Payment for such booking to the applicable Traveller within a commercially reasonable time of the cancellation and the Traveller may receive an email or other communication from TerrainTravellers containing alternative Listings and other related information. If the Traveller requests a booking from one of the alternative Listings this will be treated like a new group trail booking. If a Tour and/or Activity Operator/Vendor cancelled a confirmed booking and you, as a Traveller, have not received an email or other communication from TerrainTravellers, please contact TerrainTravellers at firstname.lastname@example.org
Certain Trails may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Operator has the discretion as to whether the weather conditions will prevent the Trail from taking place. As aTour and/or Activity Operator/Vendor, if you need to cancel a Trail for reasons of inclement weather, you must contact the Traveller and TerrainTravellers (at email@example.com as early as possible. Subject to the Traveller's consent, the Tour and/or Activity Operator/Vendor and the Traveller may choose to reschedule the Trail for another date. If the Trail cannot be rescheduled, as a Traveller, please contact TerrainTravellers so we may assist in finding a replacement, non-weather-dependent Trail. For clarity, in the event the alternative Trail is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Group Trail is of a lower price, you may be entitled to a partial refund for the difference. As a Traveller, if you have contacted TerrainTravellers as provided above and TerrainTravellers is unable to find you a replacement Trail, Tour and/or Activity Operator/Vendor through TerrainTravellers may refund the Payment for such booking to the Traveller within a commercially reasonable time of the cancellation.
TerrainTravellers may offer Promo Codes from time to time providing credits for bookings made on terraintravellers.com and unless otherwise stated they have an expiry period of 30 days and are limited to one Promo Code per booking. Promo Codes can only be used for bookings for trails and the same basis as outlined in the section: Only one Promo Code can be added/used per booking and they may be combined with Referral Credits.
TERRAINTRAVELLERS IS NOT A TOUR AND/OR ACTIVITY OPERATOR/VENDOR. TerrainTravellers does not endorse or recommend the products or services of any particular Tour and/or Activity Operator/Vendor.
As a condition of your use of the Website and Services, you agree that you will not use the Website or Services for any purpose that is unlawful or that is prohibited by these Terms. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services (or the network(s) connected to the Website or Services) or interfere with any other party's use and enjoyment of the Website or Services. You may not attempt to gain unauthorized access to the Website or Services, other accounts, computer systems or networks connected to the Website or Services through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Services.
TerrainTravellers has the right to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice:
You agree that TerrainTravellers will not be liable in any way to you or any third party for taking any of these actions.
If you register with TerrainTravellers, TerrainTravellers will allow you to have an individual password selected by you, which will allow TerrainTravellers to establish a user account and process your trailbooking(s). You are responsible for keeping your password confidential and you are fully responsible for all activities that occur with the use of your password or account. You agree that you will not share your password with anyone else and if you discover any unauthorized use you will immediately inform TerrainTravellers of such use.
From time to time you may post or otherwise make available certain postings including Tour and/or Activity Operator/Vendor feedback, reviews, ratings and testimonials (collectively, the "User Postings") on the Website or in response to TerrainTravellers generated emails. You understand that the posting or otherwise making available of such User Postings is the sole responsibility of the person or entity from whom such User Posting originated.
You agree that you are entirely responsible for each individual item of User Posting that you post or otherwise make available via the Website and you shall not post or otherwise make available postings that are (i) unlawful, harmful, deceptive, threatening, abusive, harassing, defamatory or invasive of another's privacy, or (ii) harasses, degrades, intimidates or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
You understand that TerrainTravellers does not control, and is not responsible for User Postings made available through the Website, and that by using the Website or Services, you may be exposed to User Postings that are defamatory, offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that TerrainTravellers does not pre-screen or approve User Postings, but that TerrainTravellers shall have the right in its sole discretion to refuse, delete or move any User Postings that are available via the Website or TerrainTravellers generated emails, for violating the letter or spirit of these Terms or for any other reason.
You agree that you must evaluate, and bear all risks associated with the use of any User Postings, that you may not rely on said User Postings, and that under no circumstances will TerrainTravellers be liable in any way for any User Postings or for any loss or damage of any kind incurred as a result of the use of any User Postings posted or otherwise made available via the Website or TerrainTravellers generated emails.
We respect other people's rights, and expect you to do the same.
If you notice any intellectual property infringement on TerrainTravellers, please bring it to our attention by writing to us at firstname.lastname@example.org s
TerrainTravellers grants you a non-exclusive, non-transferable, limited and revocable license to access the Website and, if you register, the Services for the purpose of making legitimate connections with Tour and/or Activity Operator/Vendor and for no other purpose. TerrainTravellers reserves and retains all rights, including without limitation all intellectual property rights, in the Website and Services not expressly granted in the aforesaid paragraph.
Any reproduction, modification, creation of derivative works from or redistribution of any portion of the Website or Services to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TerrainTravellers. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website or Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website or Services.
You grant, and you represent and warrant that you have the right to grant, to TerrainTravellers an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute your User Feedback and to prepare derivative works of, or incorporate into other works, your User Feedback, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
All trademarks, logos, and service marks (collectively the "Marks") used in the Website and Services are the property of TerrainTravellers or their respective owners. Your access to the Website and Services should not be construed as the granting, by implication or otherwise, any license or right to use any marks or any other proprietary rights without the prior written consent of TerrainTravellers or the third party owner thereof, as shall be relevant.
The Website and Services may contain images of and/or links to third party web sites, whether in the form of advertising or otherwise ("Linked Websites"). The Linked Websites are not under the control of TerrainTravellers and TerrainTravellers is not responsible for the contents of any Linked Website. TerrainTravellers is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TerrainTravellers of the site or any association with its operators.
TERRAINTRAVELLERS IS NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN YOU AND ANY TOUR AND/OR ACTIVITY OPERATORS/VENDORS OR ANY OTHER PARTIES ARISING OUT OF YOUR USE OF THIS WEBSITE OR SERVICES.
THE INFORMATION, USER POSTINGS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR TERRAINTRAVELLERS GENERATED EMAILS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TERRAINTRAVELLERS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT MAY BE OBTAINED BY USING THE SERVICES OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, USER POSTINGS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, USER POSTINGS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TERRAINTRAVELLERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, USER POSTINGS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TERRAINTRAVELLERS ACCEPTS NO LIABILITY IF IT IS UNABLE TO PERFORM A SERVICE AS A RESULT OF (I) A TECHNICAL PROBLEM WHICH IS NOT IN ITS CONTROL OR FOR WHICH IT IS NOT RESPONSIBLE FOR, OR (II) THE NON OR PARTIAL PERFORMANCE OF ANOTHER PARTY UPON WHICH IT IS DEPENDENT TO PERFORM A SERVICE.
Limitation of Liability
IN NO EVENT SHALL TERRAINTRAVELLERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED WITH THE USE OF THE WEBSITE, TRIP REQUEST OR SERVICES (INCLUDING, WITHOUT LIMIATION, SERVICES PROVIDED BY TOUR AND/OR ACTIVITY OPERATORS/VENDORS OR OTHER PARTIES), WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, USER CONTENT, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND SERVICES.
IF THERE IS A DISPUTE BETWEEN YOU AND ANY TOUR AND/OR ACTIVITY OPERATOR/VENDOR OR OTHER PARTY ARISING OUT OF OR RELATED TO THE TRAIL AND/OR THE SERVICES, YOU UNDERSTAND AND AGREE THAT TERRAINTRAVELLERS IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE SUCH A DISPUTE, YOU HEREBY RELEASE TERRAINTRAVELLERS, ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.
You shall indemnify and hold harmless TerrainTravellers (and its officers, directors, agents, employees, successors and assigns) from and against any and all liability, damage, loss or expense arising from any claim, demand, action or proceeding based upon or arising out of or related to the Website, Trails or Services (including without limitation any services provided by a Tour and/or Activity Operator/Vendor or Other Party), or the breach or alleged breach of any of the representations and warranties or other terms and conditions set forth herein.
Please report any violations of these Terms of which you become aware by flagging the posting(s) for review, or by emailing to email@example.com. TerrainTravellers' failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You acknowledge that TerrainTravellers retains the right to add, delete, modify, discontinue, or to make any change whatsoever in the Website and Services, or any aspect or feature thereof, as TerrainTravellers in its sole discretion deems appropriate.
TerrainTravellers reserves the right to change these Terms at any time. Updated versions of the Terms will appear on this Website or Services and shall be effective immediately. You are responsible for regularly reviewing these Terms. Continued use of the Website or Services after any such change constitutes your consent to such changes.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TerrainTravellers as a result of these Terms or use of the Website or Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. By choosing to give your number to use our services, you give the consent to receive SMS from TerrainTravellers. These Terms constitute the entire agreement between you and TerrainTravellers with respect to the subject matter hereof and it supersedes all prior or contemporaneous communications and proposals between you and TerrainTravellers.