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Last Updated: August 19, 2013
Vayable, Inc. (“Vayable,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.vayable.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://vayable.com/policy. All such terms are hereby incorporated by reference into these Terms of Service.
YOU UNDERSTAND AND AGREE THAT VAYABLE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND TRAVELERS, NOR IS VAYABLE AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN PROVIDERS AND TRAVELERS. VAYABLE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCES. VAYABLE HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS, TRAVELERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY EXPERIENCESARE AT THE PROVIDER’S AND/OR TRAVELER’S OWN RISK.
You understand and agree that Vayable does not act as an insurer or as a contracting agent for you as a Provider. If a Traveler requests your expertise for a Experience and participates in your Experience, any agreement you enter into with such Traveler is between you and the Traveler and Vayable is not a party thereto. Notwithstanding the foregoing, Vayable serves as your limited authorized agent:
You represent and warrant that your Profile and your planning of and/or guidance on any Experience:
Vayable recommends that Providers and Travelers obtain appropriate insurance for their Experiences. Please review any insurance policy that you may have for your Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travelers (and the individuals the Traveler invites to the Experience, if applicable) while participating in your Experience.
The fees displayed in each Listing are comprised of the Experience Fees (defined below) and the Traveler Fees (defined below). Where applicable, Taxes may be charged in addition to the Experience Fees and Traveler Fees. The Experience Fees, the Traveler Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Traveler solely relating to a Guide’s Experience are the “Experience Fees”. Please note that it is the Guide and not Vayable which determines the Experience Fees. Vayable charges a fee to Travelers of three percent point nine (3.9%) of applicable Experience Fees which are the “Credit Card Fees”. The Traveler Fees are added to the Experience Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Vayable will collect the Total Fees at the time of booking confirmation (i.e. when the Guide confirms the booking within the specified timeframe) and will initiate payment of the Experience Fees (less Vayable’s Guide Fees (defined below)) to the Guide within 48 hours of when the Traveler arrives at the applicable Experience (except to the extent that a refund is due to the Traveler). However, please note that we will not be responsible for delays in remitting Experience Fees, which can vary based on the bank, payment provider, currency, location, etc. Be aware that in some instances it may take up to 30-60 days to receive funds as a result of bank and third-party payment provider process and regulations.
2. INSIDERS (Providers who plan travel). If you are a Provider and your assistance is requested by a Traveler via the Services, or Vayable desires to match you with a Traveler request, you will receive an email and text message containing information about the Traveler and his or her desired experiences, preferences and budget. You may review the provided information and should submit a proposal to the Traveler. After reviewing the proposal, the Traveler must pay a nonrefundable $45 fee to connect to Insider (“Connection Fee”). This fee is transferred to the Insider immediately after the Traveler books, less Vayable’s 25% commission (“Connection Commission”). After connection, this $45 will go toward any further services the Traveler Requests.
Based on the amount of work you foresee investing in curating an itinerary for the travel Experience (“Itinerary”), you should negotiate an Insider service fee (“Service Fee”) with the Traveler. While setting the Service Fee is at your discretion, Vayable has some suggested pricing available at http://community.vayable.com/school. Vayable transfers the Service Fee to the Insider after final delivery of the Itinerary, less 25 percent commission (“Vayable Service Commission”).
You may then continue to communicate with the Traveler until both parties have finalized an Itinerary. Once you and the Traveler have agreed on the Itinerary, you should send them the final proposed booking and price quoted for the Experience.
Providers are also responsible for estimating the costs of all Experience expenses, for informing Vayable of the Vayable Bookings along with the applicable contact and booking information, and for booking all other Itinerary items. For Provider-booked Itinerary items, Providers will provide Vayable with a scanned copy of Provider’s government issued identification, and an itemized invoice of all expenses and any other information reasonably requested by Vayable. After the Traveler’s confirmed agreement to the Itinerary and Vayable’s receipt of payment from the Traveler, Vayable will remit to the Provider the total amount of Provider Commission and fees for the Provider-booked Itinerary items.
In the event that actual prices for bookings have increased since the quoted price, Providers must contact the Traveler informing them of the price increase and requesting their permission to add the additional cost to the total fees charged to the Traveler.
Each Provider hereby appoints Vayable as the Provider’s limited agent solely for the purpose of collecting payments made by Travelers on behalf of the Provider. Each Provider agrees that payment made by a Traveler to Vayable shall be considered the same as a payment made directly to the Provider and the Provider will make the Experience available to Traveler in the agreed upon manner as if the Provider has received the payment. In accepting appointment as the limited authorized agent of the Provider, Vayable assumes no liability for any acts or omissions of the Provider.
Please note that Vayable does not currently charge fees for the creation of Profiles. However, you acknowledge and agree that Vayable reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Profiles. Vayable will provide notice of any such fees via the Services prior to implementing such fees.
Payment processing services for Insiders on Vayable are provided by Stripe and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as an Insider on Vayable, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Vayable enabling payment processing services through Stripe, you agree to provide Vayable accurate and complete information about you and your business, and you authorize Vayable to share it and transaction information related to your use of the payment processing services provided by Stripe.
For trips, Vayable is responsible for booking hotels and other lodging and accommodations that may be booked online (“Vayable Bookings”); the Provider is responsible for all other bookings (“Provider Bookings”). As part of the Booking, Travelers may be required to enter into an agreement (including releases) with the Provider, and the Traveler agrees to accept any terms, conditions, rules and restrictions associated with the Itinerary imposed by the Provider. Traveler acknowledges and agrees that Vayable is not a party to any agreement between the Traveler and Provider, and that, with the exception of its payment obligations and obligations related to Vayable Bookings hereunder, Vayable disclaims all liability arising from or related to any such agreements. Traveler acknowledges and agrees that, notwithstanding the fact that Vayable is not a party to any agreements between Traveler and the Provider, Vayable acts as the Provider’s payment agent for the limited purpose of accepting payments from Traveler on behalf of the Provider. Upon Traveler’s payment of amounts to Vayable which are due to the Provider, Traveler’s payment obligation to the Provider for such amounts is extinguished, and Vayable is responsible for remitting such amounts, less Vayable’s fees and commissions, to the Provider. In the event that Vayable does not remit any such amounts to a Provider, such Provider will have recourse only against Vayable. However, please note that we will not be responsible for delays in remitting payment, which can vary based on the bank, payment provider, currency, location, etc. Be aware that in some instances it may take up to 30-60 days to receive funds as a result of bank and third-party payment provider process and regulations and Vayable cannot be held liable for these delays.
Please note that the actual amount charged by third parties for various items in the Itinerary may differ from the price quoted in the Booking, as prices may fluctuate before each booking is confirmed. If the actual prices are higher than the Total Fees, the Provider will contact you to request your permission prior to booking.
1. GUIDES (Providers who lead activities). These terms and conditions govern the Vayable Traveler Refund Policy (the “Traveler Refund Policy”) available to Travelers who book and pay for an Experience listed by a Guide through the Vayable platform (the “Site”) and suffer a Travel Issue and the obligations of the Guide associated with the Traveler Refund Policy.
If you are a Guide, and if (i) Vayable determines that a Traveler has suffered a Travel Issue related to an Experience listed by you and (ii) Vayable either reimburses that Traveler any amount up to the amount paid by the Traveler through the Site for the Experience or provides an alternative Experience to the Traveler, you agree to reimburse Vayable up to the amount paid by Vayable within 30 days of Vayable’s request. All determinations of Vayable with respect to the Traveler Refund Policy, including without limitation the size of any refund to the Traveler, shall be final and binding on the Travelers and Guides. You also agree that in order for you to reimburse Vayable up to the amount paid by Vayable, Vayable may off-set or reduce any amounts owed by Vayable to you by this amount. If the Traveler is rescheduled to an alternative Experience, you may lose part or all of the Experience Fee payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the Traveler to the alternative Experience.
The rights of the Travelers under the Traveler Refund Policy supersede the cancellation policy that otherwise applies to a particular Experience. If you dispute the Travel Issue you may notify us in writing (support@vayable.com) or via telephone and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Traveler prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of Vayable with respect to the Travel Issue shall be final and binding on the Travelers and Guides regardless of your submission of a dispute against such Travel Issue. In the event of one or more
Travel Issues, Vayable, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, canceling future bookings, suspending or removing the listing of the Experience or imposing penalties or fees for the administrative burden associated with the Travel Issues.
2. INSIDERS (Providers who plan travel). Travelers are free to reject any Itinerary for any reason prior to payment. Once an Itinerary is confirmed by a Traveler, any fees paid are non-refundable except as set forth below:
Vayable and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
The Vayable name and logos are trademarks and service marks of Vayable (collectively the “Vayable Trademarks”). Other Vayable, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Vayable. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Vayable Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Vayable Trademarks will inure to our exclusive benefit.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Vayable are non-confidential and Vayable will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Vayable may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Vayable, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In addition, Vayable is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Vayable is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Vayable enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
VAYABLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Last Updated: May 23, 2018
Vayable, Inc. (“Vayable”, “we” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of Personal Data we receive from users of www.vayable.com (the “Site”) and any related applications (the “Application”) and otherwise, through the Service. This Privacy Policy applies only to information that you provide to us through the Service. This Privacy Policy may be updated from time to time. We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your Vayable Account) or by means of a notice via the Service prior to the change becoming effective. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (at www.vayable.com).
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
International Transfer
YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, VAYABLE TRANSFERS PERSONAL DATA TO THE UNITED STATES AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.
Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content (collectively, the “Service”), to administer your use of the Service and to enable users to enjoy and easily navigate the Service.
Personally Identifiable Information
When you register with us through the Service and become a Member and when you choose to post a Listing or book an Experience, or when you wish to contact another Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), government-issued identification card, and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Service, we may also ask for your credit card number and other billing information (“Billing Information”). We may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Vayable may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions. (Identity Information, Billing Information and geolocation information together, “Personal Data”). If the address associated with a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Data may be required, like your name and email address, and other Personal Data may be optional, like your date of birth. We use your Personal Data to provide the Service and administer your inquiries.
We collect Personal Data in connection with your registration to join the Service. You can register to join via the Service by completing the required forms.
You may also be permitted to register by logging into online accounts you may have with third party service providers (“SNS”) (e.g. Facebook); each such account, a “Third Party Account”, via the Service as described below. As part of the functionality of the Service, you may link your Vayable Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Vayable through the Service; or (ii) allowing Vayable to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Vayable and/or grant Vayable access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Vayable to pay any fees or making Vayable subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via the Service, we will obtain the Personal Data you have provided to the applicable SNS (such as your name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Vayable to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Vayable Account and Vayable Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Vayable Account on the Service. If there is information about your “friends” your Third Party Account, the information we obtain about those friends, may also depend on the privacy settings such people have with the applicable SNS.
We may also collect the other information that you provide as part of registration and the administration and personalization of your Vayable Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (“Non-Identifying Information”).
We use your Personal Data (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Data if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Data with Non-Identifying Information and aggregate it with information collected from other Vayable Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how the Service is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Data to contact you with Vayable newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us as detailed in the “Changing or Deleting Information” section, below. Please note that we may also use your Personal Data to contact you with information related to your use of the Service; you may not opt out of these notifications.
Log Data
When you visit the Service, whether as a Member or a non-registered user just browsing (any of these, a “Vayable User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer's Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to the Service, pages of the Service that you visit, the time spent on those pages, information you search for on the Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service and for the Service’s technical administration, to increase the Service’s functionality and user-friendliness, and to better tailor the Service to our visitors' and users’ needs. We also use this information to verify that visitors to and users of the Service meet the criteria required to process their requests. We do not treat Log Data as Personal Data or use it in association with other Personal Data, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Cookies
Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. Our cookies help provide additional functionality to the Service and help us analyze Service usage more accurately. For instance, our Service may set a cookie on your browser that allows you to access the Service without needing to remember and then enter a password more than once during a visit to the Service. In all cases in which we use cookies, we will not collect Personal Data except with your permission. Third party advertisers on the Service may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. We may also use Flash cookies, which operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. To learn more about and manage flash cookies you can visit adobe.com and make changes at the privacy settings panel. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.
Web Beacons
Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs), which would be used along with cookies to compile aggregated statistics to analyze how the Service is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This would allow us to gauge the effectiveness of our customer communications and marketing campaigns.
Sending Messages Via a Vayable Account
As part of the Service, Vayable Users may communicate with Vayable Members through the Service. Where Vayable Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template may be sent from Vayable to those email addresses on their behalf. If so, such email addresses will be used only for the purpose of sending the email communication to the addressee.
Information Sharing and Disclosure
Overview
The Service can be used to facilitate the listing and booking of Experiences. Listings for such Experiences are made available via the Service by Guides. Listings posted by Guides, ratings and reviews of Members, and the Profile Information (as defined below) of Members, are visible to any Vayable User.
Vayable Affiliates
To enable or support us in providing the Service, we may share your information, including Personal Data, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.
Vayable Members and Users
When you create a Vayable Account, we will set up a Vayable Account profile page for you. Your Vayable Account profile page will include your first name and last initial. You can select the other items of Personal Data that you wish to be included in your Vayable Account profile page – including, but not limited to, a profile picture. We will display your Profile Information in your Vayable Account profile page publicly via the Service, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Vayable Users and consequently should reflect how much you want other Vayable Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.
Listings
If you post a Listing, we may publish that Listing publicly via the Service and may enable third parties to publish your Listing on their websites through the use of an HTML “widget”. We may also display the geographical location of your Listing in the form of a map so that potential Travelers can see the general area and neighborhood of your Listing, but the actual street address will not be disclosed until you enter into a confirmed transaction with another Member. If you request to make a booking via the Service, Vayable may share the following information about you with the applicable Guide: your first and last name and a link to your Vayable Account profile page. All of this information will enable the Guide to decide whether to confirm or reject your booking. When a Guide confirms a booking we may share pieces of the Guide’s Identify Information, including, but not limited to, full name, phone number, the Experience’s starting address and the Guide’s email address, with the applicable Traveler selected by the Guide and we may share pieces of the Traveler’s Identify Information with the Guide, including, but not limited to, full name, phone number and email address, so that the Traveler and Guide may contact one another directly. In no event is a Traveler's Billing Information shared with a Guide.
Aggregate Information and Non-Identifying Information
We may share aggregated information that does not identify you personally and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not identify you personally.
Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Vayable Users and improvement of the Service's features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Data; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. You can, at any time, opt out of receiving such communications. Third party vendors, like Google, may use cookies to serve ads based on a Vayable User's prior visits to Vayable. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.
Social Media Platforms.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our Service. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of Vayable or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Business Transfers
If Vayable undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.
Changing or Deleting Your Information
All Members may review, update, correct or delete the Personal Data in their registration profile by contacting us at support@vayable.com or editing the relevant part of their profile. If you would like us to cancel your Vayable Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Vayable Account. Please note that, if you cancel your Vayable Account, any reviews you have posted via the Service will remain publicly viewable via the Service. Please see below for privacy contact information.
Security
Vayable takes reasonable steps to protect the Personal Data provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Vayable via the Internet.
Analyzing your Communications.
We may review, scan, or analyze your communications on the Service for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Vayable's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
Links to Other Websites
Our Site and Application may contain links to other websites. If you choose to visit an advertiser by clicking on a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Data from you. Other websites follow different rules regarding the use or disclosure of the Personal Data you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Testimonials
With your consent we may post your testimonial on the Service along with your name. If you want your testimonial removed please contact us.
YOUR RIGHTS
You may exercise any of the rights described in this section by sending an email to support@vayable.com. Please note that we may ask you to verify your identity before taking further action on your request.
Managing Your Information.
You may access and update some of your information through your Account settings. If you have chosen to connect your Vayable Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Vayable account).
Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
Data Retention and Erasure. We generally retain your Personal Data for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Service to you, you can request that we erase your Personal Data and close your Vayable account. Please note that if you request the erasure of your Personal Data:
Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your Personal Data by Vayable you may withdraw your consent at any time by changing your Account settings or by sending a communication to Vayable specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where: (a) you contest the accuracy of your Personal Data; (b) the processing is unlawful and you oppose the erasure of your Personal Data; (c) we no longer need your Personal Data for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (d) you have objected to the processing as described here and pending the verification whether the legitimate grounds of Vayable override your own.
Objection to Processing.
In some jurisdictions, applicable law may entitle you to require Vayable not to process your Personal Data for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Vayable will no longer process your Personal Data for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your Personal Data is processed for direct marketing purposes, you may, at any time ask Vayable to cease processing your data for these direct marketing purposes by sending an e-mail to support@Vayable.com.
Lodging Complaints
You have the right to lodge complaints about the data processing activities carried out by Vayable before the competent data protection authorities.
Our Policy Toward Children
The Service is not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Data without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Data, we will delete such information from our files.
Contacting Us
If you have any questions about this Privacy Policy, please contact us at support@vayable.com.
Last Updated: May 23, 2018
Vayable, Inc. (“Vayable”, “we” or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of Personal Data we receive from users of www.vayable.com (the “Site”) and any related applications (the “Application”) and otherwise, through the Service. This Privacy Policy applies only to information that you provide to us through the Service. This Privacy Policy may be updated from time to time. We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your Vayable Account) or by means of a notice via the Service prior to the change becoming effective. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (at www.vayable.com).
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
International Transfer
YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, VAYABLE TRANSFERS PERSONAL DATA TO THE UNITED STATES AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.
Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content (collectively, the “Service”), to administer your use of the Service and to enable users to enjoy and easily navigate the Service.
Personally Identifiable Information
When you register with us through the Service and become a Member and when you choose to post a Listing or book an Experience, or when you wish to contact another Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), government-issued identification card, and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Service, we may also ask for your credit card number and other billing information (“Billing Information”). We may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Vayable may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions. (Identity Information, Billing Information and geolocation information together, “Personal Data”). If the address associated with a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Data may be required, like your name and email address, and other Personal Data may be optional, like your date of birth. We use your Personal Data to provide the Service and administer your inquiries.
We collect Personal Data in connection with your registration to join the Service. You can register to join via the Service by completing the required forms.
You may also be permitted to register by logging into online accounts you may have with third party service providers (“SNS”) (e.g. Facebook); each such account, a “Third Party Account”, via the Service as described below. As part of the functionality of the Service, you may link your Vayable Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Vayable through the Service; or (ii) allowing Vayable to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Vayable and/or grant Vayable access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Vayable to pay any fees or making Vayable subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via the Service, we will obtain the Personal Data you have provided to the applicable SNS (such as your name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Vayable to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Vayable Account and Vayable Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Vayable Account on the Service. If there is information about your “friends” your Third Party Account, the information we obtain about those friends, may also depend on the privacy settings such people have with the applicable SNS.
We may also collect the other information that you provide as part of registration and the administration and personalization of your Vayable Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) (“Non-Identifying Information”).
We use your Personal Data (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Data if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Data with Non-Identifying Information and aggregate it with information collected from other Vayable Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how the Service is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Data to contact you with Vayable newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us as detailed in the “Changing or Deleting Information” section, below. Please note that we may also use your Personal Data to contact you with information related to your use of the Service; you may not opt out of these notifications.
Log Data
When you visit the Service, whether as a Member or a non-registered user just browsing (any of these, a “Vayable User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer's Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to the Service, pages of the Service that you visit, the time spent on those pages, information you search for on the Service, access times and dates, and other statistics. We use this information to monitor and analyze use of the Service and for the Service’s technical administration, to increase the Service’s functionality and user-friendliness, and to better tailor the Service to our visitors' and users’ needs. We also use this information to verify that visitors to and users of the Service meet the criteria required to process their requests. We do not treat Log Data as Personal Data or use it in association with other Personal Data, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Cookies
Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. Our cookies help provide additional functionality to the Service and help us analyze Service usage more accurately. For instance, our Service may set a cookie on your browser that allows you to access the Service without needing to remember and then enter a password more than once during a visit to the Service. In all cases in which we use cookies, we will not collect Personal Data except with your permission. Third party advertisers on the Service may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. We may also use Flash cookies, which operate differently than browser cookies and cookie management tools available in a web browser may not remove flash cookies. To learn more about and manage flash cookies you can visit adobe.com and make changes at the privacy settings panel. If you do not accept cookies, however, you may not be able to use all portions of the Service or all functionality of the Service.
Web Beacons
Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs), which would be used along with cookies to compile aggregated statistics to analyze how the Service is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This would allow us to gauge the effectiveness of our customer communications and marketing campaigns.
Sending Messages Via a Vayable Account
As part of the Service, Vayable Users may communicate with Vayable Members through the Service. Where Vayable Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template may be sent from Vayable to those email addresses on their behalf. If so, such email addresses will be used only for the purpose of sending the email communication to the addressee.
Information Sharing and Disclosure
Overview
The Service can be used to facilitate the listing and booking of Experiences. Listings for such Experiences are made available via the Service by Guides. Listings posted by Guides, ratings and reviews of Members, and the Profile Information (as defined below) of Members, are visible to any Vayable User.
Vayable Affiliates
To enable or support us in providing the Service, we may share your information, including Personal Data, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.
Vayable Members and Users
When you create a Vayable Account, we will set up a Vayable Account profile page for you. Your Vayable Account profile page will include your first name and last initial. You can select the other items of Personal Data that you wish to be included in your Vayable Account profile page – including, but not limited to, a profile picture. We will display your Profile Information in your Vayable Account profile page publicly via the Service, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Vayable Users and consequently should reflect how much you want other Vayable Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.
Listings
If you post a Listing, we may publish that Listing publicly via the Service and may enable third parties to publish your Listing on their websites through the use of an HTML “widget”. We may also display the geographical location of your Listing in the form of a map so that potential Travelers can see the general area and neighborhood of your Listing, but the actual street address will not be disclosed until you enter into a confirmed transaction with another Member. If you request to make a booking via the Service, Vayable may share the following information about you with the applicable Guide: your first and last name and a link to your Vayable Account profile page. All of this information will enable the Guide to decide whether to confirm or reject your booking. When a Guide confirms a booking we may share pieces of the Guide’s Identify Information, including, but not limited to, full name, phone number, the Experience’s starting address and the Guide’s email address, with the applicable Traveler selected by the Guide and we may share pieces of the Traveler’s Identify Information with the Guide, including, but not limited to, full name, phone number and email address, so that the Traveler and Guide may contact one another directly. In no event is a Traveler's Billing Information shared with a Guide.
Aggregate Information and Non-Identifying Information
We may share aggregated information that does not identify you personally and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not identify you personally.
Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Vayable Users and improvement of the Service's features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Data; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. You can, at any time, opt out of receiving such communications. Third party vendors, like Google, may use cookies to serve ads based on a Vayable User's prior visits to Vayable. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.
Social Media Platforms.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our Service. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of Vayable or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Business Transfers
If Vayable undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (e.g., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.
Changing or Deleting Your Information
All Members may review, update, correct or delete the Personal Data in their registration profile by contacting us at support@vayable.com or editing the relevant part of their profile. If you would like us to cancel your Vayable Account, please contact us and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Vayable Account. Please note that, if you cancel your Vayable Account, any reviews you have posted via the Service will remain publicly viewable via the Service. Please see below for privacy contact information.
Security
Vayable takes reasonable steps to protect the Personal Data provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Service may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Vayable via the Internet.
Analyzing your Communications.
We may review, scan, or analyze your communications on the Service for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Vayable's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
Links to Other Websites
Our Site and Application may contain links to other websites. If you choose to visit an advertiser by clicking on a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Data from you. Other websites follow different rules regarding the use or disclosure of the Personal Data you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Testimonials
With your consent we may post your testimonial on the Service along with your name. If you want your testimonial removed please contact us.
YOUR RIGHTS
You may exercise any of the rights described in this section by sending an email to support@vayable.com. Please note that we may ask you to verify your identity before taking further action on your request.
Managing Your Information.
You may access and update some of your information through your Account settings. If you have chosen to connect your Vayable Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your Vayable account).
Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
Data Retention and Erasure. We generally retain your Personal Data for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Service to you, you can request that we erase your Personal Data and close your Vayable account. Please note that if you request the erasure of your Personal Data:
Withdrawing Consent and Restriction of Processing.
Where you have provided your consent to the processing of your Personal Data by Vayable you may withdraw your consent at any time by changing your Account settings or by sending a communication to Vayable specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where: (a) you contest the accuracy of your Personal Data; (b) the processing is unlawful and you oppose the erasure of your Personal Data; (c) we no longer need your Personal Data for the purposes of the processing, but you require the information for the establishment, exercise or defence of legal claims; or (d) you have objected to the processing as described here and pending the verification whether the legitimate grounds of Vayable override your own.
Objection to Processing.
In some jurisdictions, applicable law may entitle you to require Vayable not to process your Personal Data for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Vayable will no longer process your Personal Data for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your Personal Data is processed for direct marketing purposes, you may, at any time ask Vayable to cease processing your data for these direct marketing purposes by sending an e-mail to support@Vayable.com.
Lodging Complaints
You have the right to lodge complaints about the data processing activities carried out by Vayable before the competent data protection authorities.
Our Policy Toward Children
The Service is not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Data without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Data, we will delete such information from our files.
Contacting Us
If you have any questions about this Privacy Policy, please contact us at support@vayable.com.
Last Updated: August 19, 2013
These terms and conditions govern the Vayable Traveler Refund Policy (the “Traveler Refund Policy”) available to Travelers who book and pay services related to travel Providers through the Vayable platform (the “Site”) and suffer a Travel Issue and the obligations of the Guide associated with the Traveler Refund Policy. Some Providers (“Guides”) lead experiences on the ground, and other Providers (“Insiders”) help with travel planning.
Traveler cancels Vayable will endeavor to refund Traveler the fees paid for any Itinerary items that have not yet been booked, minus the Service Fee. Fees for Itinerary items that have already been booked are non-refundable.
Provider cancels Whenever possible Vayable will connect Traveler to an alternate Provider who can fulfill request. If not, Vayable will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation.
Cancellation due to outside factors Certain Experiences may depend on factors outside either party’s control, such as weather (“Outside Factors”). The Provider has the discretion as to whether Outside Factors will prevent the Experience from taking place. As a Provider, if you need to cancel an Experience due to Outside Factors, you must contact the Traveler and Vayable (at support@vayable.com) as early as possible. Subject to the Traveler’s consent, the Provider and the Traveler may choose to reschedule the Experience for another date. If the Experience cannot be rescheduled, the Traveler should contact Vayable so we may assist in finding a replacement Experience. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. As a Traveler, if you have contacted Vayable as provided above and Vayable is unable to find you a replacement Experience, Vayable may refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation.
a) The Guide of the Experience (i) cancels a reservation within 24 hours before the scheduled start of the reservation, (ii) fails to arrive for the Experience within 20 minutes of the scheduled start time, or (iii) fails to provide the Traveler with the reasonable ability to access the Experience (e.g., by allowing the Traveler access to the space in which the Experience will happen or begin if applicable).
b) The description of the Experience in the listing on the Site is materially inaccurate with respect to (i) the duration of the Experience, (ii) the content of the Experience (including but not limited to the stated activities or sites, as applicable), or (iii) the physical location of the Experience. c) During the Traveler’s Experience, conditions do not meet safety or health hazards that would be reasonably expected, given the nature of the particular Experience, in Vayable’s judgment.
2. The Traveler Refund Policy. If you are a Traveler and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Vayable in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Experience which in our determination is reasonably comparable to the Experience described in your original reservation in terms of content and quality. For clarity, in the event the alternative Experience is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Experience is of a lower price, you may be entitled to a partial refund for the difference. All determinations of Vayable with respect to the Traveler Refund Policy, including without limitation the size of any refund, shall be final and binding on the Travelers and Guides.
3. Conditions to Claim a Travel Issue. Only a Traveler may submit a claim for a Travel Issue. If you are a Traveler, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions:
a) You must report the Travel Issue to Vayable in writing (at support@vayable.com) or via telephone and provide us with information (including evidence) about the Experience and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue;
b) You must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and
c) You must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Guide prior to making a claim for a Travel Issue (and you must provide evidence of having done so).
4. Minimum Quality Standards, Guide Responsibilities and Reimbursement to Traveler. If you are a Guide, you are responsible for ensuring that the Experiences you list on the Site meet minimum quality standards regarding adequacy of the description on the Site, safety, health, and do not present a Traveler with Travel Issues. Throughout the Experience, Guides should be available in order to try, in good faith, to resolve Traveler issues.
If you are a Guide, and if (i) Vayable determines that a Traveler has suffered a Travel Issue related to an Experience listed by you and (ii) Vayable either reimburses that Traveler any amount up to the amount paid by the Traveler through the Site for the Experience or provides an alternative Experience to the Traveler, you agree to reimburse Vayable up to the amount paid by Vayable within 30 days of Vayable’s request. All determinations of Vayable with respect to the Traveler Refund Policy, including without limitation the size of any refund to the Traveler, shall be final and binding on the Travelers and Guides. You also agree that in order for you to reimburse Vayable up to the amount paid by Vayable, Vayable may off-set or reduce any amounts owed by Vayable to you by this amount. If the Traveler is rescheduled to an alternative Experience, you may lose part or all of the Experience Fee payment for the booking and you may be responsible for reasonable additional costs incurred to reschedule the Traveler to the alternative Experience.
The rights of the Travelers under the Traveler Refund Policy supersede the cancellation policy that otherwise applies to a particular Experience. If you dispute the Travel Issue you may notify us in writing (support@vayable.com) or via telephone and provide us with information (including evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Traveler prior to disputing the Travel Issue claim (and you must provide evidence of having done so). You agree that all determinations of Vayable with respect to the Travel Issue shall be final and binding on the Travelers and Guides regardless of your submission of a dispute against such Travel Issue. In the event of one or more
Travel Issues, Vayable, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your listing ranking, automated reviews or notifications indicating Travel Issues, canceling future bookings, suspending or removing the listing of the Experience or imposing penalties or fees for the administrative burden associated with the Travel Issues.
5. General Provisions.
a) No Assignment/No Insurance. This Traveler Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Traveler, and the Traveler has not paid any premium in respect of the Traveler Refund Policy. The benefits provided under this Traveler Refund Policy are not assignable or transferable by you.
b) Modification or Termination. Vayable reserves the right to modify or terminate this Traveler Refund Policy, at any time, in its sole discretion, and without prior notice.
c) If Vayable modifies this Traveler Refund Policy, we will post the modification on the Site or provide you with notice of the modification and Vayable will continue to process all claims for Travel Issues made prior to the effective date of the modification.
d) Entire Agreement and Definitions. This Traveler Refund Policy constitutes the entire and exclusive understanding and agreement between Vayable and you regarding the Traveler Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Vayable and you regarding the Traveler Refund Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Vayable Terms of Service. Controlling Law. This Traveler Refund Policy will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.
e) Limitation of Liability. IN NO EVENT WILL VAYABLE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS VAYABLE POLICY TERMS, EXCEED THE AMOUNT OF THE EXPERIENCE FEES COLLECTED BY VAYABLE FROM THE TRAVELER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN EXPERIENCE OR OTHERWISE USING THE SITE, SERVICES AS A GUIDE OR TRAVELER, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE POLICY TERMS. 6. Contacting Vayable. If you have any questions about the Traveler Refund Policy, please contact Vayable at support@vayable.com.
Last Updated: August 06, 2014
Alternatively, you can enter a referral code in the Apply Credit link when making your first reservation. You can view your credit in the Travel Bank section your user profile page.
Vayable reserves the right to suspend any account sand remove referrals for any activity we deem to be abuse of the referral program.
Notification of Copyright Infringement:
Vayable, Inc. (“Vayable”) respects the intellectual property rights of others and expects its users to do the same. Unless otherwise defined in this Copyright Policy, terms used in this Copyright Policy have the same meanings as in our Terms of Service (at www.vayable.com/terms).
It is Vayable’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf Vayable will respond expeditiously to claims of copyright infringement that are reported to Vayable’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Vayable’s Designated Copyright Agent. Upon receipt of the Notice as described below, Vayable will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services. A notification of claimed copyright infringement should be emailed to Vayable’s Copyright Agent at terms@vayable.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: 33 Rausch St., San Francisco, CA 94103.
To be effective, the notification must be in writing and contain the following information:
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use such content, you may send a written counter-notice containing the following information to Vayable’s Designated Copyright Agent (“Counter-Notice”):
Upon receipt of the Counter-Notice by Vayable’s Designated Copyright Agent, Vayable will send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Vayable’s sole discretion.
