Manage whitelabel sites
Bring your own vendors
Call center support
Terms of Service
Last updated: 01/01/2022
IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. THIS AGREEMENT CONTAINS MANDATORY ARBITRATION, PROHIBITS CLAIMS AFTER TWO YEARS AND REQUIRES ALL LAWSUITS TO BE BROUGHT IN DELAWARE.
The terms and conditions, together with all updates, supplements, additional terms and any of Activiter’s rules and policies (collectively, the “Agreement”) are applicable to the Activiter’s website, Activiter.com, including any versions optimized for viewing on a mobile device or any version that is made available on a third-party website with Activiter’s authorization; Activiter call center; and all other interactive features, services, and communications provided by Activiter (the “Service”), however accessed or used, that are operated by us, made available by us, or produced and maintained by Activiter, Co. (collectively “Activiter” or “we”, “us”, or “our”). This Agreement is applicable to any individuals that use our service, including but not limited to entities that create a listing via the Service for their product or service (a “Provider”), third-parties that place reservations on behalf of particular Providers (a “Booking Agent”), and individual consumers that use the Service, directly or indirectly, in any fashion, including to request a reservation with a Provider (a “Guest”) (collectively “you” or “your”).
BY ACCESSING OUR WEBSITE OR USING OUR SERVICE, YOU ARE ACCEPTING THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE OR ACCESS OUR WEBSITE. WE RESERVE THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THIS AGREEMENT WILL APPLY RETROACTIVELY.YOU ACKNOWLEDGE AND AGREE THAT Activiter IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND GUESTS, HAS NO CONTROL OVER THE CONDUCT OF THE PROVIDERS OR THEIR SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH THE USE OF PROVIDERS’ SERVICES.
1. How the Service Works. The Service can be used to facilitate the sale of Company’s services and the booking of said services by Guests. Activiter makes available a platform or marketplace for Guests and Providers to meet online and make a reservation related to Provider’s services (a “Booking”). Activiter is not an owner or operator of the Provider or any associated rental property, including, but not limited to, boats, equipment, nor is it a provider of the underlying activities, classes or tours, and Activiter does not own, sell, furnish, provide, rent, manage or control Provider’s products and services. Activiter’s responsibilities are limited to: (a) facilitating the availability of our Service to make Bookings and (b) serving as the Booking Agent of each Provider for the purpose of accepting payments from Guests on behalf of the Provider and Company.
2. Bookings. As a condition of your use of this Service, you warrant that (a) you are 16 years old or older if you are a Guest and 18 years old or older if you are a Provider or Booking Agent’s representative ; (b) you possess the legal authority to create a binding legal obligation; (c) you will use this Service in accordance with this Agreement; (d) you will only use this Service to make legitimate listing and/or Bookings for you or for another person for whom you are legally authorized to act; (e) you will not make any speculative, false or fraudulent listings or Bookings; (f) you will inform such other persons about the terms and conditions that apply to the Bookings, including all applicable rules and restrictions, and obtain their agreement to be bound by the terms and conditions; (g) all information supplied by you is true, accurate, current and complete, (h) you will not use the Service to find a Provider or Guest and then complete the transaction independent of the Service, attempt to circumvent any obligation to pay any fee to Activiter, or make any Bookings in the anticipation of demand, and (i) if you have a Activiter.com account, you will safeguard your account information and will be responsible for any use of your account by you and anyone other than you.
YOU ACKNOWLEDGE THAT ACTIVITER DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR BOOKING AND MAKES NO REPRESENTATIONS OR GUARANTEES ABOUT THE CONDITION, LEGALITY OR SUITABILITY OF ANY PRODUCT AND SERVICES OFFERED BY PROVIDER. Activiter IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, BOOKINGS AND PROVIDER’S PRODUCTS AND SERVICES. THE USE OF PROVIDER’S PRODUCTS AND SERVICES IS AT THE GUEST’S OWN RISK.
The Providers, not Activiter, are solely responsible for honoring any Bookings and making available any product and services reserved through our Service. You agree and understand that you may be required to enter into an agreement with the Provider and that your Booking is contingent upon you agreeing to accept any terms, conditions, rules and restrictions imposed by the Provider. You acknowledge and agree that you, and not Activiter, will be responsible for performing the obligations of any such agreements and that Activiter is not a party to such agreements. For more information about Activiter’s seller of travel registration, please go here.
3. Account Registration and Security. In consideration of your access or use of the Service, you will: provide true, accurate, current and complete information about yourself and your business as prompted by the Service’ settings and item information page (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Activiter has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Activiter has the right to suspend or terminate your account and refuse any or all future use of the Service.Account Security. You are entirely responsible for the security and confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur under your account, including activities performed by authorized users and other third-parties. You will not share your username and password with any third party or permit any third party to log-on to the Service using your account information. If you share your username and password with any third party, permit them to log-on to or otherwise use the Service using your account information, or are negligent in maintaining the security of your username or password such that a third party gains access to your account, you assume all risks and losses and are responsible for any account activities by that third party, including but not limited to changes to your username, password, listings, Bookings or account settings, as if you performed such changes yourself. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.Authorized Users. Any individual identified in your Registration Data or that you later identify to us, including joint business owners or additional users, shall be deemed an authorized user of your Activiter.com account. You are responsible for all account activities by authorized users. You authorize us to give any authorized user information about your account, discuss your account with them and/or make changes to your account, according to the level of account access you give to an authorized user through the Services. Any disputes between you and any authorized user, or any other third-party to whom you have provided access to your account, including their control of the account, are solely between you and that third-party and Activiter has no responsibility or liability regarding such disputes.
4. Property Damages. As a Guest, you acknowledge and agree that you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Provider’s property or service. Both Guests and Providers agree to cooperate with and assist Activiter in good faith, and to provide Activiter with such information and take such actions as may be reasonably requested by Activiter, in connection with any complaints or claims or with respect to any investigation undertaken by Activiter or a representative of Activiter regarding use or abuse of the Service or violation of this Agreement.
6. Right to Cancel, Errors, Mistakes. The Service may contain technical inaccuracies and typographical or other errors in connection with information displayed, including without limitation rates, fee or availability related to your transaction. Activiter assumes no responsibility or liability for such errors, inaccuracies, or omissions. Activiter has the right to make changes, corrections or cancellations to such information or reservation, at any time, including after confirmation of a transaction. Activiter is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with our Service. The Service may not be continuously available due to maintenance or repairs or due to computer problems, disruptions in Internet service or other unforeseen circumstances.
8. Copyright and Ownership. All of the content featured or displayed on the Service, including without limitation text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by Activiter, its licensors, vendors, agents or its Content providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available. You are authorized to view, play, print and download copyrighted documents, audio and video found on our Service for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. The Service, its Content and all related rights shall remain the exclusive property of Activiter or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Activiter. We reserve the right to remove any material alleged to be infringing without prior notice and without liability to you. When appropriate, we will also terminate your account if you are determined to be a repeat infringer.
If you believe that your copyrighted information has been used in a way that constitutes copyright infringement, please send a notice that complies with the requirements of the Digital Millennium Copyright Act to our designated agent at:
Attn: DMCA Agent
PO Box 1182
Honolulu, HI 96817
9. Trademarks; No Endorsement. All trademarks, service marks and trade names of Activiter used in the Service ( including but not limited to: Activiter’s name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of Activiter or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without Activiter’s prior written consent. Activiter prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use Activiter’s name or any language, pictures or symbols which could, in Activiter’s judgment, imply Activiter’s endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.Activiter does not control any Provider or any product or service. You are responsible for determining the appropriateness and suitability of any prospective Guest, Booking Agent, Provider or any activity booked through this Service.
10. Inappropriate Material. You are prohibited from using the Service to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. We may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone inappropriately using the Service.
11. Links. Running or displaying the Service or any information or material displayed on the Service in frames or through similar means on another website without our prior written permission is prohibited. From time to time, the Service may contain links to websites that are not owned, operated or controlled by Activiter or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Service. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If you decide to access any other websites, you do so entirely at your own risk.
12. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service. We retain the right at our sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of this Agreement.
13. General Representations and Warranties. You represent that you: if a Guest are 16 years old or older or if a Provider or Booking Agent’s representative 18 years old or older, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Service is and will be in compliance with all applicable laws. In connection with information you submit, you affirm, represent and warrant the following: (i) you have obtained all consents and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 7; (ii) if necessary you have the consent of each and every identifiable natural person to use such person’s name or likeness in the manner contemplated by the Service; (iii) you have read, understood, agree with, and will abide by the terms of this Agreement; (iv) you are not, and have not been an agent of Activiter and were not and are not acting on behalf of, or as a representative of Activiter; and (v) the submitted information and Activiter’s use thereof as contemplated by this Agreement will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity.
14. DISCLAIMERS. YOUR USE OF THIS SERVICE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICE PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND including WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER Activiter, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICE PROVIDED ON OR THROUGH THE SERVICE. THE INFORMATION, MATERIALS AND SERVICE PROVIDED ON OR THROUGH THE SERVICE MAY BE OUT OF DATE, AND NEITHER Activiter, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACTIVITER OR THROUGH THE SERVICE, CONTENT AND SERVICE WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.THE PROVIDERS AND ANY BOOKING AGENTS ON THIS SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE ACTIVITER COMPANIES OR THE ACTIVITER AFFILIATES. THE ACTIVITER COMPANIES AND THE ACTIVITER AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE ACTIVITER COMPANIES AND THE Activiter AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. RATINGS DISPLAYED ON THIS SERVICE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE ACTIVITER COMPANIES AND THE ACTIVITER AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. ACTIVITER, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES.
15. LIMITATIONS OF LIABILITY; LIMITATION ON TIME TO FILE CLAIMS. Activiter does not assume any responsibility for and is not liable for any damages to your computer, equipment or other property caused by or arising from your access to, use of, or browsing the Service, or your downloading of any information or materials from this Service. IN NO EVENT WILL ACTIVITER, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ( including, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USING THE SERVICE, ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICE, OR THE MATERIALS, INFORMATION OR OTHER CONTENT CONTAINED ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ACTIVITER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.IN THE EVENT OF ANY PROBLEM WITH THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE PROVIDER OR THE PROVIDER’S SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THAT PROVIDER DIRECTLY AND THAT ACTIVITER IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES Co.URRED BY YOU AS A RESULT OF ANY DEALINGS WITH THE PROVIDER. IN NO EVENT SHALL ACTIVITER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT ( including, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED , IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEES YOU PAID TO Activiter IN CONNECTION WITH SUCH TRANSACTION(S) OR (B) ONE HUNDRED DOLLARS (US $100.00).TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL BRING ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THIS SERVICE WITHIN TWO (2) YEARS FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR SUCH CLAIM OR CAUSE OF ACTION WILL BE IRREVOCABLY WAIVED.
16. Indemnity. You agree to defend, indemnify and hold Activiter and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Service or your placement or transmission of any message or information on this Service by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that you provide to Activiter; or (vi) any other party’s access and use of the Service with your username and password.
17. Release. In the event that you have a dispute with one or more other users of the Service, the Provider or the Booking Agent, you release Activiter (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any dispute over the payment to the Provider or the goods or service provided (or not provided) by the Provider.
18. Termination. Activiter may suspend or terminate your account or your use of the Service at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also suspend your access to our Service in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, the Provider, or us.