Tourifique Terms of Service

These Terms of Service (these “Terms”) describe your rights and responsibilities as a customer of our Services (as defined in Section 2.1). These Terms are between you and Tourifique Inc. (“Tourifique”, “we”, or “us”). “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (a) you have the full legal authority to bind your employer or such entity to these Terms; (b) you have read and understood these Terms; and (c) you agree to these Terms on behalf of the party that you represent. If you don’t have the legal authority to bind your employer or the applicable entity, please do not click the “I agree” (or similar button or checkbox) that is presented to you.

PLEASE NOTE THAT IF YOU SIGN UP FOR A SERVICE USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (I) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY; (II) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS; AND (III) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.

1. Legal Agreement

1.1 Acceptance of Our Terms

These Terms are effective as of the date you first click “I agree” (or a similar button or checkbox) or use or access the Services, whichever is earlier. These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or a similar button or checkbox) at the time you register for a Service. For greater certainty, these Terms include any hyperlinks hereto and any other document executed by the parties that incorporate these Terms by reference. If you do not agree with, or cannot comply with, these Terms, then you may not use the Services.

1.2 Personal Information

You acknowledge and agree that by providing us with your personal information, using our Services, or otherwise interacting with us, you consent to the collection, use, and disclosure of such information in accordance with our Privacy Policy, and for the purposes identified to you at the time you provide the personal information. To view our Privacy Policy, please visit the following hyperlink: Privacy Policy.

1.3 Changes to the Services or these Terms

We reserve the right to update, change, or replace any part of the Services or these Terms by posting updates and/or changes to the website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any change(s) constitutes acceptance of those changes.

1.4 International Use

Accessing the Services in certain countries may not be lawful, and we make no representation that the Services are appropriate or available for use in locations outside Canada. If you choose to access the Services from outside Canada, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws.

2. Services

2.1 Description of Services

We provide a social media network + tours app that connects travelers, content creators, and providers of tours and other travel services, as further explained in Section 2.2 below. Through Tourifique Social and the Tourifique Marketplace, users can share travel-related content, engage with others, and book or purchase tours and travel services from our supply partners. These Terms govern your use of our online platform, including as such services are made available on our website and including all associated features, functionalities, websites, mobile sites, user interfaces, and any content and software applications associated with our services (collectively, the “Services”).

2.2 Users

As a user of the Services, you may be a User-Traveler, User-Content Creator, or a User-Supply Partner (collectively, a “User”) depending on the nature of your activity through the Services, as further described below:

• (a) If you are a “User-Traveler”, you have an Account (as defined in Section 3.1) that allows you to post travel content on the platform, view and interact with other User content, chat with other Users and book or purchase tours from User-Supply Partners.
• (b) If you are a “User-Content Creator”, you have an Account that allows you to post travel content on the platform, enter into agreements with User-Supply Partners for you to create and post content promoting the offerings of the User-Supply Partner, refer User-Travelers to User-Supply Partners, view and interact with other User content, and chat with other Users.
• (c) If you are a “User-Supply Partner”, you have an Account that allows you to sell tours and other travel services on Tourifique Marketplace, which allows you to access the Services to upload content and information with respect to your services, take bookings and payment from User-Travelers, interact with other Users and other User content, and enter into agreements with User-Content Creators for you to create and post content promoting your offerings.

2.3 Limited License Grant

Subject to your continued compliance with these Terms and the restrictions set out in Section 2.5 below, we grant you a non-exclusive, non-transferable, non-assignable, non-sub-licensable, worldwide, royalty-free, revocable license to use the Services for your business purposes.

2.4 Representations and Warranties

As a condition of your use of the Services, you represent and warrant that: (a) you, or your legal guardian using the Services on your behalf, have reached the age of majority in your province or territory of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you will use the Services in accordance with these Terms; (d) all information supplied by you via the Services is true, accurate, current, and complete; (e) you have not previously been suspended or removed from our Services; (f) your use of the Services will not infringe or misappropriate the confidentiality or intellectual property rights of any third party; and (g) your registration and use of the Services comply with all applicable laws and regulations.

2.5 Prohibited Activities

You are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or other enumerated grounds of discrimination; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to reproduce, duplicate, copy, sell, resell, or exploit the Services, access to the Services, or any portion of the Services without our express written permission; (l) to transmit any advertising or promotional materials; or (m) to interfere with or circumvent the security features of the Services, or any related website, other websites, or the Internet.

2.6 Free and Beta Services

You may receive access to certain Services or product features on a free, fully discounted, or trial basis or as an alpha, beta, or early access offering (“Free and Beta Services”). Use of Free and Beta Services is limited to the period specified by us. We may terminate your use of Free and Beta Services at our discretion at any time, without liability to you. We may modify Free and Beta Services at any time for any reason. Free and Beta Services may be inoperable, incomplete, or include features that we may never release, and their features and performance information are our confidential information. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, WE PROVIDE NO WARRANTY, INDEMNITY, SERVICE LEVEL AGREEMENT, OR SUPPORT FOR FREE AND BETA SERVICES AND WE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR USE OF FREE AND BETA SERVICES.

3. Your Account

3.1 Account Information

To access certain Services, you may be required to create an account (“Account”). You are responsible for ensuring the accuracy of the information included in your Account, including updating your information as necessary. By registering for an Account, you are representing and warranting that: (a) you own or have sufficient authorization to use the computer, mobile device, technology, or other device you use to access the Service; and (b) you will access and use the Services solely in accordance with, and for the purposes consistent with, these Terms. Only one person may use an Account; two or more people may not share an Account.

3.2 Account Security

All activity conducted in connection with your Account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your Account. Your password protects your Account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username, email, and password. If your username, email, or password is lost or stolen, or if you believe there has been unauthorized access to your Account by a third party, you must notify us immediately and change your password as soon as possible.

3.3 Suspension or Termination of your Account

Without limiting any other remedies, we may suspend or terminate your Account or your access to the Services (or any portion thereof), at any time, with or without notice to you, if we suspect that you are not compliant with these Terms. In the event of termination, you will have no further access to your Account or anything within the Services associated with it, and we are under no obligation to compensate you for any such losses or results. If we terminate your Account, you may not create a new Account or access the Services except with our express permission.

4. Payment

4.1 The price offered on the Tourifique Platform ("Posted Price") shall apply to the Tour/Activity.

The amount you pay for a product ("Booking Price") is the Posted Price less any applicable discount. Unless otherwise agreed, the Booking Price for the Product is payable immediately upon booking.

• (a) Amount Paid: Tourifique is entitled to receive the invoiced amounts in the name of and on behalf of the Supplier (as a commercial agent), unless otherwise expressly stated in the Supplier's invoice. With the successful payment to Tourifique, you have fulfilled your payment obligations towards the Supplier with a discharging effect. If claims are to be paid in a currency other than your local currency (foreign currency claim), Tourifique may (in its role as a commercial agent) collect payment in your local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.
• (b) Point Of Contact: We are your contact in connection with a Service Agreement and payment therefore as the commercial agent of the Supplier. If you wish to request a refund of the Booking Price outside of the cancellation policy, you may contact us. We will then contact the Supplier, and the Supplier will determine in its discretion whether to honor the refund request. A refund granted by the Supplier can be processed by the Supplier through us.

4.2 Authorized Payer

You must provide payment information truthfully and update it immediately in the event of changes. The means of payment permitted for the product will be displayed to you in the order process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you select.

4.3 Cancellations and Modifications

You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Supplier T&Cs, the description of the Product on the Tourifique Platform, or on the voucher/ticket issued for the product.

• (a) Changes to the booking: To avoid misunderstandings, you must make changes (e.g., rescheduling the tour/activity date or making changes to the participants) and cancellations via the Tourifique Platform, unless otherwise agreed. A cancellation or changes can be made via the form available in the dashboard. The change or cancellation must be made in good time; what is "in good time" depends on each individual case (e.g., within the applicable cancellation period) and may be subject to the Activity’s availability. Therefore, it is very important that you carefully read all terms and conditions on the product page or the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by Tourifique. If these conditions are met, we will issue a cancellation/change confirmation on behalf of the Supplier. This will serve as proof of the cancellation/change and therefore must be kept. We can notify you of changes or cancellations on behalf of the Supplier, especially if at short notice, by your provided telephone number and by sending changes to your email address.
• (b) Alternative Cancellation Policy: Unless there are different cancellation conditions specified in the description of the Activity on the Tourifique Platform, in the Supplier T&Cs, or on the Activity voucher/ticket, the following cancellation conditions shall apply:
• a) For cancellations more than 72 hours before the start of the Activity: full refund of the Booking Price; and
• b) For cancellations 24 hours or less before the start of the Activity or in case of no-show: no refund.

4.4 Third Party Payment Provider

Payment for Services may be made through our payment gateway provider. You may be required to submit your payment details to the relevant third-party payment gateway provider, and you may also be required to accept additional terms and conditions in relation to the use of such services. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third-party payment provider.

4.5 Currency and Taxes

All fees with respect to the Services are quoted in USD dollars. You are responsible for paying all applicable taxes with respect to the Services.

5. User Content Data

5.1 User Content Data

As part of the Services, we may allow you to upload, store, transfer, download, and access (based on user permissions set by the User) certain data and information, which may include information about an individual that is capable of identifying such individual (“Personal Information”), related to your or your current and potential business entity (“User Content Data”).

5.2 Use of User Content Data

By submitting User Content Data to us, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the User Content Data required for us and our service providers to provide the Services. We will have no right to sublicense or resell User Content Data, except however, you agree that we may collect, analyze, and use data derived from User Content Data and/or information collected from or about a person, including a business entity, but which does not identify the person, for purposes of operating, analyzing, improving, or marketing the Services. If we share or publicly disclose information (e.g., in marketing materials or in application development) that is derived from User Content Data, such data will be aggregated or anonymized such that a specific person, including business entities, is no longer identifiable. You further agree that we will have the right to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized and aggregated data.

5.3 Your Responsibilities for User Content Data

In connection with User Content Data, you hereby represent, warrant, and agree that: (a) you have obtained the User Content Data lawfully, and the User Content Data does not and will not violate any applicable laws or any person or entity’s proprietary or intellectual property rights; (b) the User Content Data is free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by us or our service providers to provide the Service; (c) all User Content Data that contains Personal Information has and will be collected by you in accordance with a privacy policy that permits us to share, collect, use, and disclose such User Content Data as contemplated under these Terms, and if required by applicable law, pursuant to consents obtained by you to do each of the foregoing; (d) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Content Data that contains Personal Information provided hereunder; (e) we may exercise the rights in User Content Data granted hereunder without liability or cost to any third party; and (f) the User Content Data complies with these Terms. For purposes of clarity, we take no responsibility and assume no liability for any User Content Data, and you will be solely responsible for your User Content Data and the consequences of sharing it through the Services, under these Terms and with the User-Traveler, User-Content Creators, and User-Supply Partners.

5.4 Prohibited Uses of Tourifique Information

You shall not: (a) copy any Tourifique Information (as defined in section 6.1 below) onto your own or any other website; (b) use Tourifique Information to send spam, chain letters, junk mail, or any other type of unsolicited mass e-mail; (c) use Tourifique Information to distribute viruses or other harmful, disruptive, or destructive files; (d) use or attempt to use another person’s account on our website; (e) disrupt or interfere with the security of, or otherwise abuse, our website, or any servers or networks connected to our website; (f) attempt to obtain unauthorized access to our website; (g) impersonate another person when using our website; (h) systematically harvest data from our website or programmatically register accounts on our website; (i) access our website for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes; (j) “frame” or “mirror” any Tourifique Information on any other server or Internet-based device; (l) reverse engineer or access our website, including in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics from our website, or (iii) copy any ideas, features, functions or graphics from our website; or (m) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of our website or any part thereof.

6. Our Proprietary Rights

6.1 Our Intellectual Property

We and our licensors have and retain all rights, titles, and interests, including all intellectual property rights, in and to our Services, our website, and related to our technology, templates, formats, and dashboards, including any modifications or improvements thereto, made by you or us (collectively, “Tourifique Information”). Your use of the Services will not create or grant you any rights in or to the Services. No Tourifique Information may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except in accordance with these Terms, provided you keep intact all copyright and proprietary notices.

6.2 Brand Features

Except for third-party marks, as between you and us, all names, trademarks, service marks, certification marks, symbols, icons, slogans, or logos appearing on the Services are proprietary to us or our affiliates, licensors, or Supply Partners (“Brand Features”). Use or misuse of the Brand Features is expressly prohibited. Unless otherwise expressly authorized by us in writing, you may not copy or use any Brand Features.

6.3 User License

You grant us a non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your Account and use of the Service to promote the Service.

6.4 Feedback

From time to time, you may choose to submit, or we may request that you submit on a voluntary basis, comments, questions, ideas, suggestions, or other feedback relating to the Services to us (“Feedback”). We may in connection with any of our products or services freely use, copy, disclose, license, distribute, and exploit any Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. No Feedback will be considered your confidential information, and nothing in these Terms limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.

7. Termination

7.1 Suspension or Termination by Us

Without limiting any other remedies, we may suspend or terminate your Account or your access to the Services (or any portion thereof), at any time, with or without notice to you, if we suspect that you are not compliant with these Terms. In the event of termination, you will have no further access to your Account or anything within the Services associated with it, and we are under no obligation to compensate you for any such losses or results. If we terminate your Account, you may not create a new Account or access the Services except with our express permission.

7.2 Termination by You

You may cancel and terminate your Plan and Account at any time by contacting us. If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

7.3 Accuracy, Completeness, and Timeliness of Information

7.4 Accuracy of Information

All website content, materials, and information are provided on an “as is” basis. We are not responsible if information made available through the Services is not accurate, complete, or current. The information on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk.

7.5 Modification of Information

We reserve the right to modify or remove any website content, materials, or information at any time, including without limitation these Terms, in accordance with applicable law. We cannot and do not review all communications made available on or through the Services, but, although not obligated to, may review, verify, make changes to, or remove any content, materials, or information, including information submitted in connection with the Services or other features at any time, with or without notice to you, in our sole discretion.

8. Remedies and Limitations

8.1 Third Party Applications

The Services are integrated with, or may otherwise interact with, certain third-party applications, websites, devices, tools, and services to make the Services available to you (“Third Party Applications”). These Third Party Applications may have their own terms and conditions of use and privacy policies, and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not approve, monitor, warrant, endorse, make representations with respect to, and are not responsible or liable for the behavior, features, or content of any Third Party Applications or for any transaction you may enter into with the provider of any such Third Party Applications. We do not warrant the compatibility or continuing compatibility of the Third Party Applications with the Services. The inclusion of any link on our website or any other services provided in connection with them is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by us of any information contained in any Third Party Applications.

8.2 No Warranties

YOU UNDERSTAND AND AGREE THAT THE SERVICES, OUR WEBSITE, AND ANY OTHER INFORMATION OR MATERIALS ON, IN, OR MADE AVAILABLE THROUGH THE SERVICES AND OUR WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SUPPLY PARTNERS AND LICENSORS MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE AND OUR SUPPLY PARTNERS AND LICENSORS DO NOT WARRANT THAT THE SERVICES OR OUR WEBSITE: (A) WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR ANY PARTICULAR PURPOSE; (B) WILL BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT, OR COMPLETE; (C) WILL OPERATE AND BE AVAILABLE WITHOUT INTERRUPTIONS; OR (D) WILL BE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

8.3 No Professional Advice

We do not give professional advice. Unless specifically included with the Services, we are not in the business of providing legal, financial, accounting, tax, health care, real estate, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

8.4 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless us and our directors, employees, officers, User-Supply Partners, contractors, and agents (“Indemnitees”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, incurred by any of the Indemnitees, arising out of: (a) your breach of these Terms or the policies they incorporate by reference; (b) your violation of any applicable laws or the rights of a third party; (c) any User Content Data or any other user content that you post, contribute, or otherwise submit on or through the Services; or (d) any activity that you engage on or through the Services.

8.5 No Indirect Damages

To the maximum extent permitted by law, in no event will we or our directors, officers, employees, affiliates, agents, contractors, Supply Partners, service providers, or licensors (collectively, “Our Representatives”) be liable for: (a) any indirect, consequential, incidental, exemplary, punitive, or special damages; or (b) for any damages, whether direct, indirect, consequential, incidental, exemplary, punitive, or special, characterized as lost revenue, lost savings or revenue, or lost profits, whether based on contract, tort (including negligence), or other legal or equitable basis, including without limitation damages for harm to business, loss of information or data, loss of goodwill, or other economic loss. These limitations apply regardless of whether we or Our Representatives were advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither we nor Our Representatives shall be liable for any defamatory, offensive, or illegal conduct of any user, including you.

8.6 Our Limitation of Liability

OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF A BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY, OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF: (A) THE AMOUNT PAID BY YOU, IF APPLICABLE, FOR THE SERVICES IN THE ANNUM IMMEDIATELY PRECEDING THE DATE OF THE ACT, OMISSION, OR CIRCUMSTANCE GIVING RISE TO THE LIABILITY HEREUNDER; AND (B) CAD $100.

8.7 Remedies Available to Us

You acknowledge and agree that the use of the Services in violation of these Terms could cause irreparable harm to us and that in the event of such unauthorized use, we are entitled to an injunction in addition to any other remedies available at law or in equity.

9. General

9.1 Linking to the Website

We permit links to the homepage of the website, provided that any references and links to the website are fair, legal, and would not reasonably be deemed to damage or take advantage of our reputation. You may not link to the website in a way that suggests or indicates any affiliation, association, or approval between you and us where such affiliation, association, or approval does not exist. In addition, you must adhere to the following conditions if you link to the website: (a) you may not establish a link from any website that is not owned by you; (b) you may not cause the website or portions of the website to be displayed, or appear to be displayed, on any website; (c) you may not link to any part of the website other than the homepage; and (d) you may not take any action with respect to the website that is in violation of, or inconsistent with, any provision set out in these Terms. Where any link to the website includes the use of a Brand Feature, the goodwill in such use will accrue to our sole benefit. You agree to immediately cease linking to the website, and to remove any existing links to the website, upon notice from us. We reserve the right to withdraw our permission to link to the website or to disable any links to the website, at any time, without notice, at our sole discretion.

9.2 Communications

We may be required by law or at your request to send you communications about the Services. You agree that we may send these communications to you via email or by posting them on our website.

9.3 Arbitration

Any and all disputes arising out of your use of the Services will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced, or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.

9.4 Governing Law

These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You consent and attorn to the exclusive jurisdiction of the courts located in the City of Toronto in the Province of Ontario.

9.5 Waiver of Class Action

By using the Services, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against us related to any claim, dispute, or controversy arising from your use of the Services. Where applicable, you hereby agree to opt-out of any class proceeding against us otherwise commenced. The foregoing waiver will not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.

9.6 Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, all without affecting the validity and enforceability of any other remaining provisions.

9.7 Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

9.8 No Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and/or your use of our website.

9.9 Entire Agreement

These Terms were last updated, and are effective as of, the “Last updated” date indicated above. These Terms as modified from time to time, and any policies or operating rules posted by us on this website, constitute the entire agreement and understanding between you and us and governs your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

9.10 Superseding Agreement

These Terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to our website.

10. Supplier - Service Agreement

10.1 Conclusion of contract with the Supplier

If you select and purchase a Tour/Activity on the Tourifique Platform, you conclude a contract directly with the Supplier. When concluding the contract, we act as the commercial agent of the Supplier.

10.2 Adding to Cart

After checking the availability of the Tour/Activity, you add the respective Tour/Activity to the shopping cart by clicking the button "Add to cart". After clicking the button "Checkout", you will be asked for further mandatory information, in particular the payment method, which must be completed.

10.3 Binding Offer

By clicking the button "Pay now" at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the Supplier that will provide the Activity. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Supplier. This order confirmation does not constitute an acceptance of the offer.

10.4 Supplier Terms and Conditions

The Suppliers may provide their own terms and conditions in their respective listings on the Tourifique Platform ("Supplier T&Cs"). Please read these Supplier T&Cs carefully, because they may contain important information for you, e.g., regarding cancellation options or conditions. Nothing in the Supplier T&Cs shall affect your relationship with us, or our legal rights.

10.5 Acceptance of Offer

We accept the offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier and, if applicable, have access to a voucher or ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.

10.6 Contract Content

The contract between you and the Supplier is not set out in a separate contract text. The content of the contract results from the ordered product (i.e., the description of the Activity selected by you), applicable provisions in Section 15 of these Tourifique GTC, and - if applicable - the Supplier T&Cs.

10.7 Order Confirmation Check

You must immediately check the order confirmation to ensure that all data has been entered correctly.

11. Prices

11.1 Inclusive Pricing

In most cases, Posted Prices quoted are inclusive of all taxes and fees. However, it is possible that additional local taxes or fees are levied locally. If additional taxes or fees will be levied locally, this will be disclosed in the description of the Activity.

11.2 Special Provisions

The Posted Prices set by the Suppliers may be subject to special provisions, for example, with regard to cancellations and the refund of payments. You must independently check before booking whether the respective Supplier prescribes deviating conditions.

12. Provision of the Activity

12.1 Arrival and Compliance

You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Supplier T&Cs. If you are traveling to the Tour/Activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.

12.2 Insurance

The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity that involves outdoor or high-risk activities. We do not operate tours, employ guides, or set safety standards for Activities.

12.3 Supplier Independence

Suppliers are independent contractors and not agents or employees of Tourifique. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Supplier, or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or Activity.

12.4 Time Zone

For time and deadline calculations, the time zone of the Supplier shall be decisive.

13. Further Rights of the Supplier

13.1 Cancellation by Supplier

The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes, or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier's control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the Activity. In this case, the Booking Price paid for the canceled Activity will be refunded. You may direct any additional compensation request directly to the Supplier according to 15.3.3.

13.2 Exclusion from Activity

The Supplier may exclude you from a Tour/Activity if (i) you do not meet the requirements for participation specified on the Tourifique Platform, (ii) you would endanger yourself or others through your participation, or (iii) you disrupt the implementation of the Activity in any way. In these cases, the Booking Price paid for the Activity will not be refunded.

13.3 Program Changes

The Supplier may make immaterial changes to the program of the Tour/Activity at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the Activity, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed via the Tourifique Platform.

13.4 Contact Information

Questions about these Terms should be sent to us at support@tourifique.ca.