EXPERIENCE PROVIDER – TERMS & CONDITIONS
1) Experience Provider Acceptance of Terms
These terms govern the general use of the website offered by Spur Experiences at www.spurexperiences.com (including any mobile, social media, and associated sites owned by Spur, Inc.). These terms constitute a binding legal agreement in electronic form between you (“Experience Provider”, “experience-provider”, “Provider”, “merchant”, “vendor”, “you”, “your”) and Spur, Inc., a Colorado-based corporation (“spur”, “Spur Experiences”, “we”, “us”, “our”). By using the site(s) and service(s), you agree to these terms.
2) Additional Agreements
In addition to the Experience Provider – Terms and Conditions, an Experience Provider that use Spur Experiences site(s) and service(s) agree to the terms stated under the agreement title General Terms and Conditions.
3) Experience Provider Account
To offer experiences (“Offer”, “Experience”, “Experience Offer”, “Activity”), a Provider must have an active Experience Provider account (“account”) with Spur Experiences. Provider certifies that all information they provide is accurate and current. Provider is responsible for maintaining the security of their account login information. Provider agrees to notify Spur Experiences immediately of any unauthorized account use or compromise of the login information. Spur Experiences is not liable for any loss arising from Provider’s failure to appropriately manage their account. Provider will create an account on Spur Experiences’s website. Spur Experiences reserves the right to approve/deny account at any time and for any reason.
4) Creating Experience Offer(s)
Provider is able to offer Experience(s) on Spur Experiences’s website. Spur Experiences reserves the right to approve/deny Experiences at any time for any reason. Provider is not allowed to a) offer any good or services that are prohibited by law, b) include any content that infringes on the rights of others, or c) include any material that is unlawful, hateful, threatening, vulgar, profane or otherwise objectionable.
Experience Provider will list Experience(s) at or below provider’s standard direct to consumer retail price. Under no circumstance shall a provider mark-up Experience pricing above standard retail price.
By creating an Experience Provider account and Experience Offer with Spur Experiences, Provider shall define the conditions of, and may supply the content and images to describe and illustrate, Provider’s Experience(s) and terms, by completing and submitting, or authorizing an agent to complete and submit, an offer through an Experience Provider account. In order to meet media content standards, Spur Experiences may source additional pictures and video content from Provider’s website and or social media accounts and in some cases use stock photography. Submission of an offer does not obligate Spur Experiences to accept the offer or any of its contents nor to promote the Offer.
5) Experience Price Changes
Experience Provider can change experience price offering at any time. The price change will only apply to future purchases on the Spur Experiences website. For vouchers that have been sold prior to the date of the price change, Experience Provider agrees to provide the service at the price (minus Spur Experiences commission) for which it was sold on the Spur Experiences site for a minimum on 12 months from purchase date. If the Experience is no longer offered, the full amount of the voucher will be credited to the voucher owner’s e-wallet.
6) Level of Service
Provider agrees to provide the same level of service to the customer as if the customer were paying full retail price and in cash. This relates to the quality of service, scheduling priority and all other aspects related to the level of service to the end customer. Spur Experiences is not considered a discount retail shop, and Provider acknowledges that customers do not expect to receive anything less than the best service.
7) Third Party Providers
Provider may subcontract portions of the Experience required by these terms to a third party (“Third Party Provider”). If Provider subcontract or delegate to a Third Party Provider with respect to fulfilling such Experience, Provider will remain solely responsible and liable for (a) all obligations, including financial obligations, under these terms and (b) all acts and omissions of Third Party Provider. Provider shall require Third Party Provider to comply with all applicable restrictions and obligations imposed under these Terms, and Provider will be solely responsible for financial and contractual relationship with their Third Party Provider.
Provider may not assign or transfer any rights, or delegate any responsibilities or obligations, under these Terms without Spur Experiences’s prior written consent, and any attempt to do so shall be void and unenforceable.
9) Responsibility for Fulfillment, Safety and Insurance
Provider recognizes that Spur Experiences is simply a retail shop. Provider is solely responsible for fulfilling all Experiences as listed and as reasonably expected. Provider is solely responsible that all services provided are safe and comply with all applicable laws regarding health, safety, fire, hygiene and required insurance.
Additionally, Provider represent and warrant that they have, and shall maintain at Provider’s expense and at all times during the term of these Terms, all types of liability insurance policies, with coverage in amounts that are customary for merchants and/or service providers in Provider’s region, consistent with best industry practices, and sufficient to fully comply with applicable Law and fulfill obligations under these Terms. Upon Spur Experiences’s request, Provider shall provide proof of maintenance of such policies and provide assurances that indicate that Spur Experiences will be covered by Provider’s insurance policies in the event of a claim arising under or in relation to, these Terms or any Offer.
10) Spur Experiences’s Promotion of Experience(s) and License to Provider’s Content
Spur Experiences has no obligation to promote any Experience. Provider does agree to allow Spur Experiences to use all submitted information, pictures and other materials for marketing of any purpose. Additionally, Provider grants Spur Experiences a non-exclusive, transferable, and irrevocable license to use all content submitted by Provider to Spur Experiences through Experience Provider account or any other method of sending content to Spur Experiences.
11) Experience promoted on Another (Distribution Partner) Site
Spur Experiences experiences can be listed and sold on official distribution partner sites. Provider will need to actively participate in Spur Experiences’s online scheduling and electronic payment platforms to be considered for this promotion. Provider does agree to allow Spur Experiences to use all submitted information, pictures and other materials for marketing of any purpose on distribution partner sites.
12) Distribution of Vouchers
Once Spur Experiences has received full payment from customer for an Experience, Spur Experiences will make a voucher available to the purchaser and/or the intended user of the voucher. This may be done through “print at home”, mailed vouchers, electronic vouchers through Spur Experiences’s website and vouchers through the Spur Experiences application. The vouchers will include any specific restrictions or limitations on the use of the voucher. Purchasers or the intended user may redeem their vouchers by presenting the voucher in paper or electronic form to the Experience Provider. The Provider is responsible for checking for identification to confirm that the name(s) on the voucher matches the name of the person redeeming the voucher. Experience Provider is held liable in cases where vouchers are fraudulently used by a person whose name is not on the voucher.
13) Payment Terms
Payment terms governing Experience Provider’s offerings with Spur Experiences are set forth in this document, unless executed under a separate written agreement. Experience Provider will list Experiences at a retail price on Spur Experiences’s website. Spur Experiences will collect payment from the customer and make the vouchers available for payment redemption by the Experience Provider. Upon customer redeeming the voucher and Experience Provider fulfilling Experience to the end-user, Spur Experiences will pay to the Experience Provider an amount equal to the retail price minus the sales commission percentage. The standard sales commission fee is 20% of the retail price charged on Spur Experiences’s website. This will be the applicable sales commission fee unless a different fee is set forth in a separate written agreement. The fee will be payable from Spur Experiences to the Experience Provider within 30 days of adequately fulfilling the Experience to the customer or user, unless the customer files a dispute with Spur Experiences within seven (7) days of redeeming the Experience. In cases where the customer files a dispute or complaint within seven (7) days, payment will be withheld while Spur Experiences investigates the dispute. Spur Experiences will not incur any penalties or interest on any payments that are withheld or delayed due to a dispute filed by the customer or user. In no circumstance is the Experience Provider owed any amount prior to providing the Experience.
14) Collection of Applicable Taxes
Experience provider is solely responsible for remitting all applicable sales taxes to the appropriate authorities. Experience Provider may enter a sales tax percentage for Spur Experiences to collect at the point of sale. Spur Experiences simply collects the sales tax amount that the Experience Provider enters and sends this full amount to the Experience Provider. Spur Experiences will include tax amount with Experience payment. Under no circumstance will Spur Experiences warranty that Experience Providers are correctly paying sales taxes to the appropriate authorities. Under no circumstance will Spur Experiences make the sales tax payments to the government.
15) Spur Experiences’s Intellectual Property
Provider acknowledges that Spur Experiences owns all rights and property for all content on Spur Experiences’s website(s), social media pages, applications and all other materials used by Spur Experiences to conduct business. Spur Experiences grants Experience Provider the right to use Spur Experiences’s name and images to endorse active Spur Experiences offers that are associated with the Experience Provider’s account. Spur Experiences may revoke this right at any time with or without advance notice.
16) Customer Data
Provider acknowledges that Spur Experiences owns all data collected by Spur Experiences through Spur Experiences’s website(s), social media pages, applications and any other method of collecting Spur Experiences customer data. Spur Experiences shall not provide Provider with customer data except to the extent necessary to fulfill the Experience to the customer, as determined by Spur Experiences.
17) Term and Termination
These terms are effective on the earlier date of when Provider’s first access their Experience Provider account or formally accept the Experience Provider terms and conditions. These terms will remain in effect for vouchers covered under this agreement until all Experiences are redeemed or refunded/exchanged. Spur Experiences may terminate these terms at any point without advanced notice. Upon termination, Spur Experiences will pay Experience Provider for any Experiences fulfilled that have not been disputed. Experiences that have purchased but not redeemed will be refunded or credited to the customer or user.
By Experience Provider – You, at your sole cost and expense, shall defend, indemnify and hold Spur Experiences, its owners and employees, harmless from and against any third party claims, lawsuits, actions, proceedings or investigations against any expenses, fees, costs, penalties, damages, or losses (including but not limited to attorney’s fees and costs) (collectively, “Expenses”) arising out of or relating to any of the following: (a) your negligence, fraud, willful misconduct, or breach or alleged breach of these Terms; (b) any claim for state sales, use, hotel occupancy, or any other similar tax obligations (including any penalties, interest or other additions to tax) arising from the sale and subsequent redemption of a voucher; (c) to the extent applicable, any claim by any local, state or federal governmental entity for any unclaimed property regarding vouchers, including but not limited to, any claims for penalties and interest; (d) the goods and/or services provided by you, including but not limited to, any claims for false advertising, injuries, illnesses, damages, or death.
19) Limitation of Liability
Spur Experiences’s complete liability to the Experience Provider shall be limited to the amount of fees due for Experiences that have been purchased and fulfilled minus the fees for services that have been disputed by the customer or user. In no case shall Spur Experiences be liable for any claims related to the goods and services provided by Provider, including but not limited to, any claims for false advertising, injuries, illnesses, damages, or death.