Terms and Conditions
The application under the name “Envago” or “Envago Adventures” and its related services, products, websites, tools and applications (“App”) is owned and operated by Envago LLC.
You must read these terms and conditions (Terms and Conditions) and all other Policies (as defined below), which include those terms and conditions expressly set out below and those incorporated by reference, before using the App. By using the App you agree to these Terms and Conditions and all Policies.
We may amend these Terms and Conditions or any Policy, including our fee structure, at any time in our discretion. Please review the Terms and Conditions and our Policies periodically as your continued use of the App indicates your agreement to any changes made. All amended Terms and Conditions and Policies shall automatically be effective from the time and date of appearance on our App. If you do not agree with such changes, you must cease to use the App. These Terms and Conditions are effective as at 20 June 2016.
1. Definitions & Interpretation
In these Terms and Conditions unless inconsistent with the context or subject matter:
(a) “Adventurer” means a person who places an Order;
(b) “Adventurer Information” means any information relating to an Adventurer;
(c) “Adventures” means adventures, tours, or other events provided by Planners which Adventurers can join and are advertised through the App;
(d) “Adventure Fee” means the fee payable by Adventurers for purchasing an Adventure from a Planner through the App;
(e) “App” means the application under the name “Envago” or “Envago Adventures” and its related services, products, websites, tools and applications;
(f) “App Store Sourced Application” means any application accessed through or downloaded from the Apple App Store;
(g) “Content” includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise;
(h) “Information” means any information, Content, documents, links or attachments a User, Adventurer or provides to us including through the App;
(i) “Intellectual Property” means all intellectual property rights, including without limitation inventions, patents, copyright, rights in circuit layouts, registered designs, trademarks, know-how, processes, concepts, intellectual property in names “Envago” and “Envago Adventures”, the platform developed by Envago and used on the App and the source code for that system, and any right to have Information kept confidential and any application or right to apply for registration of any of the these rights throughout the world whether registered or unregistered and whether developed before or after the date of this Terms and Conditions;
(j) “Planner Fee” means a percentage share of the value of Adventure Fees paid for an Order as set out in the pricing section of the App from time to time, plus any value added or similar tax (if applicable);
(k) “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence);
(l) “Order” means an order by an Adventurer for the purchase of an Adventure with a Planner through the App;
(m) “our”, “us” and “we” means Envago or Envago Adventures;
(n) “Planner” means a person who registers to sell Adventures to Travellers through the App;
(o) “Payment Services” means all payments and payouts conducted through or in connection with the App or Adventures, including the Adventurer Fee and Planner Fee;
(p) “Policy” means any policy of Envago or Envago Adventures in place from time to time including without limitation any policy relating to privacy, fees, refunds, feedback and service;
(q) “Planner” means a person who registers to sell Adventures to Adventurers through the App;
(r) “Services” means any services provided by us to you and includes provision of the App;
(s) “User” means any person who uses the App for any purpose whatsoever;
(t) “you” and “your” means a User, Adventurer or Planner (as the case may be).
In these Terms and Conditions, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity;
(b) a reference to a legal entity includes a person;
(c) words importing the singular number include the plural number;
(d) words importing the plural number include the singular number;
(e) the masculine gender must be read as also importing the feminine or neuter gender;
(f) a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
(g) headings are for reference purposes only and must not be used in interpretation, with the exception of where a subheading of Adventurer, User and/or Planner is used, in which case clauses under that subheading relate to the party referred to in the subheading;
(h) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(i) a reference to a statute includes all regulations and subordinate legislation and amendments;
(j) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail and fax;
(k) a reference to a monetary amount is a reference to a British Pound currency amount;
(l) an obligation of two or more parties binds them jointly and each of them severally;
(m) an obligation incurred in favour of two or more parties is enforceable by them severally;
(n) where time is to be reckoned from a day or event, the day or the day of the event must be excluded;
(o) a reference to a business day means any day on which trading banks are open for business in United States- EDT;
(p) if any time period specified in this agreement expires on a day which is not a business day, the period shall expire at the end of the next business day;
(q) a reference to a month means a calendar month; and
(r) a reference to data includes metadata.
2. User Eligibility and Registration
2.1 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to persons under 18 years of age or to temporarily or indefinitely suspended Users. If you do not qualify, please do not use our Services.
2.2 In order to access certain features of the App, and to execute Orders or create Adventures, you must register to create an account (“Envago Account”).
2.3 your Envago Account and your Envago Account profile page will be created for your use of the App based upon the personal information you provide to us. You may not have more than one (1) active Envago Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Envago Account and your access to the App and Services if you create more than one (1) Envago Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms and Conditions.
2.4 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Envago Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Envago Account.
4. Your Obligations
4.1 You must use the App in accordance with these Terms and Conditions and our Policies. You must also ensure that you comply with all clauses of these Terms and Conditions and all Policies and all terms and policies included by reference in those documents.
4.2 You agree and acknowledge that the App provides an online introduction service between Adventurers and Planners.
4.3 You are solely responsible for your Information, and we act as a passive conduit for your online distribution and publication of your Information.
4.4 In connection with your use of the App and our Services, and your Information, you must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or deceptive;
(c) infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law);
(e) be defamatory, trade libelous, unlawfully discriminatory, threatening or harassing;
(f) be obscene;
(g) contain comments of a religious, political or social nature;
(h) contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of this App;
(i) create liability for us or cause us to lose (in whole or in part) the services of our internet service Planner, Planners, other Users or other suppliers;
(j) damage the credibility or integrity of the App or Envago, or dilute, tarnish, or otherwise harm the Envago brand in any way;
(k) breach or violate any Policy;
(l) link directly or indirectly to or include anything that:
(i) you do not have a right to link to or include, or
(ii) could cause us to violate any applicable law, statute, ordinance or regulation;
(m) copy, store or otherwise access or use any information contained on the App for purposes not expressly permitted by these Terms and Conditions;
(n) use the App for any commercial or other purposes that are not expressly permitted by these Terms and Conditions or in a manner that falsely implies Envago endorsement, partnership or otherwise misleads others as to your affiliation with Envago;
(o) use our App in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Adventures;
(p) “stalk” or harass any other user of our App or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Adventurer or Planner;
(q) List an Adventurer you are not capable of or authorized to provide;
4.5 As a Planner, you agree that you will not approach an Adventurer directly after becoming aware of such Adventurer following use of the App. You agree that you will contact such Adventurer only through the App. You are strictly prohibited from receiving or attempting to receive any fees for the Adventure directly from the Adventurer, and must receive all relevant fees through the App.
4.6 As an Adventurer, you are strictly prohibited from attempting to negotiate the fee for any Adventure with a Planner directly or attempting to circumvent payment through the App. Notwithstanding anything contained in these Terms and Conditions or another Policy, you agree and consent to the Planner you selected through use of the App reporting to us on whether you placed an Order directly with the Planner (and circumvented the App).
5.Fees and Payments
5.1 Envago reserves the right, at its sole discretion, to modify or terminate any fees, services, or charges on the App or modify the payment terms in this Clause 5 at any time and without prior notice. If we modify these payment terms, we will either post the modification on the Envago website or via the App or otherwise provide you with notice of the modification.
5.2 All Payment Services provided through the App are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older.
5.3 In order to use the Payment Services, you must first register to create an Envago Account. You acknowledge, consent and agree that anyone you authorize to use your Envago Account may use the Payments Services on your behalf and that you will be responsible for any payments made by such person.
5.4 Unless otherwise stated, all fees are quoted in United States Dollars.
5.5 You authorize Envago, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address and payment or payout methods (e.g. credit card, debit card, PayPal, or direct deposit); or attempting to screen your information against third party databases. Envago reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5.6 Specific payment terms for Adventurers:
(a) Joining Envago and using the App is free. However, if you place an Order through the App, you will be liable to pay the Adventure Fee if you are an Adventurer or the Planner Fee if you are a Planner.
(b) The Adventure Fee will be paid by Envago to the Planner, minus any applicable Planner Fee. We will not provide Adventurers with a tax invoice. Should you require a tax invoice, you must obtain this from the Planner.
(c) Once you have placed an Order, the Planner will contact you and you will be bound by the Planner’s usual terms of trade, payment and refunds. We may give a refund of certain amounts paid by you through the App in our sole discretion, however generally we are unable to give a refund of any amount paid.
(d) You acknowledge and agree that, notwithstanding the fact that Envago is not a party to the agreement between you and the Planner, Envago acts as the Planner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Planner.
(e) If a requested Adventure is cancelled by the Planner, any amounts collected by us will be refunded to you, depending on the selections you made via the App.
(f) In connection with your Order, you will be asked to provide customary billing information such as name, billing address and payment method information either to Envago or its third-party payment processor(s). You agree to pay Envago for any Orders made in connection with your Envago Account in accordance with these payment terms by one of the methods supported by the App (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the payment method provided as part of the Order, either directly by Envago or indirectly, via a third-party online payment processor or by one of the payment methods described on the App.
5.7 Specific payment terms for Planners:
(a) You hereby appoint Envago as your limited collection agent solely for the purpose of accepting the Orders and Adventure Fees from the Adventurers. Further you acknowledge that our obligation to pay you is subject to and conditional upon successful receipt of the associated payments from Adventurers. We do not guarantee payment to Planners for amounts that have not been successfully received from Adventurers.
(b) We may limit the number of Planners on the App from time to time in our discretion.
(c) You acknowledge and agree to pay us the Planner Fee through the App when an Adventurer places an Order, which will be deemed to be paid you upon the Adventurer transferring the fee in respect of their Order to us.
(d) We will transfer to your nominated bank account the amount paid by an Adventurer for an Order less the Planner Fee and any other fees incurred by us in the making the transfer (including without limitation Paypal, bank charges and currency exchange fees) weekly on the day nominated by us. Some payout methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Planner, including by deducting their charges from the payout amount; these charges shall be the responsibility of the Planner.
(e) If, as a Planner, you decide to cancel an Adventure (subject to prior permission of Envago), any amounts collected by Envago for the requested Adventure will be refunded to the applicable Adventurers and you shall be responsible for any loss caused to Envago as a result of such cancellation.
(f) If you owe or agree to pay any amount to Envago (whether as a result of your Adventures or any Orders you place through the App or otherwise), then Envago may (but is not obliged to) withhold the amount owing to Envago from any payout amounts due to you as a Planner, and use the withheld amount to set off the amount owed by you to Envago. If we do so, then your obligation to pay us will be extinguished to the extent of the amount withheld by us, and Envago will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
(g) You agree that payment made by an Adventurer through the App shall be considered the same as a payment made directly to you, and you will make the Adventures available to the Adventurer in the agreed-upon manner as if you had received the Adventurer Fee.
(h) If, as a Planner, you cancel an Adventure, you agree that we may collect any cancellation fees imposed as specified in the App. Cancellation fees may be withheld from your future payouts or charged to the payment method on file in your Envago Account.
(i) If, as a Planner, an Adventurer cancels an Order for an Adventure created by you or Envago decides that it is necessary to cancel the Order, and Envago issues a refund to the Adventurer if applicable, you agree that in the event you have already been paid, Envago shall be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Planner Fees due to you.
5.8 If we are unable to collect any amounts you owe for an Order, Adventure, or otherwise pursuant to use of the App, we may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that such efforts may be made by us or by anyone on our behalf, including but not limited to a third party collection agent.
5.9 Please note that Envago, may impose or deduct foreign currency processing costs on or from any payments or payouts by Envago in currencies other than U.S. dollars.
6. App Information
6.1 Envago is not responsible for any errors or omissions, or for the results obtained from the use of information contained in or linked to the App (including information published by Envago, Planners or other Users (“Envago Information”). In no event will Envago or its related entities, related bodies corporate, directors, agents, employees, consultants or contractors be liable to you or anyone else for any decision made or action taken or omission in reliance on the information in this or linked to the App (including the Envago Information) or for any consequential, special or similar damages or other Loss, even if advised of the possibility of such damages. Certain links in the App connect to other websites maintained by third parties over whom Envago has no control. Envago makes no representations as to the accuracy or any other aspect of information contained in other websites.
6.2 All Envago Information in this site is provided to the extent permitted by law, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this Envago Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in Envago Information.
6.3 We are and you confirm and acknowledge that Envago is not engaged in the sale of tours/Adventures and is not a party to any transaction arising or entered into between Adventurers and Planners. As a result we have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:
(a) any Information provided by Adventurers or Planners to the other;
(b) the ability of Adventurers or Planners to undertake their respective responsibilities, obligations and liabilities in the event an Order is placed;
(c) the fee charged by the Planner for an Order, in particular if there is a change in your Order; or
(d) the Planner’s terms of trade which the Planner and the Adventurer are bound by.
6.4 Because of the foregoing in clause 6.3, in the event that you have a dispute with one or more Users of the App, you release and hold harmless Envago (and its officers, directors, agents, related entities, related bodies corporate, employees and contractors) from actions, claims, demands and Losses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.5 We do not control the sale of Adventures by a Planner to an Adventurer pursuant to an Order, or the terms and conditions upon which Planners advertise or sell Adventures to Adventurers.
6.6 Envago does not take any steps to confirm the identity of Adventurers or Planners. Because User authentication on the internet is difficult particularly in cases of fraudulent or misleading conduct, Envago cannot and does not confirm nor warrant or guarantee as to each User’s purported identity, licences or location. We encourage you to use Envago as a platform to conduct your own enquiries to vet other Users to your satisfaction.
6.7 We may send you communications and notices regarding your transactions and any other communications you have consented to receive.
6.8 You acknowledge that Planners are independent parties, and not employees, agents, contractors or joint venturers of Envago.
6.9 We may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms and Conditions and any Orders, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Envago, its Users, or members of the public.
6.10 You acknowledge that we have no obligation to monitor your access to or use of the App or Services, or to review or edit any Adventurer Information or Adventures listed on the App, but has the right to do so for the purpose of operating and improving the App and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms and Conditions, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms and Conditions.
7.1 Our App is designed to provide an online platform or marketplace for the sale of Adventures directly between Planners and Adventurers.
7.2 We recommend that Planners and Adventurers obtain appropriate insurance for their Adventures. Please review any insurance policy that you may have for your Adventure 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 Planners and/or Adventurers while on the Adventure.
7.3 We reserve the right, at any time and without prior notice, to remove or disable access to any Adventure listed on the App for any reason, including Adventures that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms and Conditions, or otherwise harmful to Envago, the App or the Services.
7.4 If you are on an Adventure with any Planner or Adventurer who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Envago by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
8. Intellectual Property
8.1 Envago Information and Intellectual Property is protected by copyright and other proprietary rights and remains the property of Envago at all times.
8.2 Subject to your compliance with these Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the App on each mobile device or computer that you own or control and run such copy of the App solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application, you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Airbnb reserves all rights in the App not expressly granted to you by these Terms and Conditions.
8.3 You agree that:
(a) you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the App) any Envago Information except with the prior written permission of Envago or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our App;
(b) Envago owns all Intellectual Property of the App and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms and Conditions;
(c) if you add any Information to the App of any nature whatsoever (including Information for the purposes of providing Quotes to Adventurers) that Information is personally attributable to you and you warrant that you have the right to distribute that Information;
(d) you acknowledge that when you provide Information, we may receive additional related data, such as the time, date and place you provided the Information;
(e) you acknowledge that we receive data from or about the computer, mobile phone, or other devices you use to access the App. This may include network and communication information, such as your IP address or mobile phone number, and other information about things like your internet service, operating system, location, the type (including identifiers) of the device or browser you use, or the pages you visit.
(f) you acknowledge that we store data for as long as we consider necessary;
(g) you grant Envago a perpetual, irrevocable, worldwide, royalty free, transferable, sub-licensable and unlimited licence to use, modify, aggregate, sell and distribute any Information (including Information relating to you) in any media (now known or not known) or other entity as Envago sees fit; and
(h) Envago is not liable or responsible for any Loss that you may experience in submitting Information to Envago or for Envago’s use of your Information in accordance with the licence granted.
8.4 Envago may at its sole and absolute discretion refuse or remove any Information from the App.
9.1 Without limiting other remedies available to Envago at law, in equity or under these Terms and Conditions or any other Policy or otherwise, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of the App and/or refuse to provide our Services to you (including preventing you from accessing the App) if in our sole opinion:
(a) you breach these Terms and Conditions or any Policy or the terms and policies those documents incorporate by reference, including receiving poor ratings on Adventures; or
(b) you have provided inaccurate, fraudulent, outdated, or incomplete Information during the App registration process, or Adventure creation or Order process or thereafter; or
(c) we believe that your actions may cause legal liability for you, Users of the App, or us; or
(d) your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the App (or the operation thereof) or Envago; or
(e) we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent or deceptive activity in connection with our App.
10. No Warranty and disclaimers
10.1 WE AND OUR SUPPLIERS PROVIDE THE APP AND OUR SERVICES ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES INCLUDING IN RELATION TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES OR YOUR INFORMATION, AND OPERATION OF OUR APP MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.
10.2 NOTWITHSTANDING OUR APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE PLANNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM ADVENTURERS ON BEHALF OF THE PLANNERS, WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PLANNER, ADVENTURER, OR OTHER THIRD PARTY.
10.3 You warrant that you have not relied upon any representations, warranties or conditions offered or made by or on behalf of Envago except to the extent expressly set out in these Terms and Conditions.
10.4 We may limit the number of Planners on the App from time to time in our discretion.
10.5 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect your Information, we do not warrant and cannot guarantee the security of your Information which you transmit through the App. Accordingly, your Information which you transmit through the App is transmitted at your own risk. Nevertheless, once transmitted we will take reasonable steps to preserve the security of such information. We cannot guarantee the confidentiality or security of your Information or Feedback which is provided to other Users of the App through the App. We cannot guarantee that your Information remains solely in the hands of those recipients of that information or that those recipients comply with their confidentiality obligations as required under our Policies, and we will not be responsible or liable for any Losses incurred in this regard. You must inform Envago immediately of any breaches of security or unauthorised use of your Information.
10.6 The App may contain a number of links to other websites or resources which are operated by third parties. You acknowledge and agree that we are not responsible either directly or indirectly for any Loss caused by use of or reliance on linked sites. Links to such websites or resources do not imply any endorsement by Envago of such websites or resources or the content, products, or services available from such websites or resources.
11.1 In no event shall Envago or its related entities, related bodies corporate, directors, employees or suppliers be liable for any Loss arising out of or in connection with:
(a) our App, use of the App or the inability to use the App by any party;
(b) any failure or performance, error, omission, interruption, defect, delay in operation or transmission;
(c) line or system failure or the introduction of a computer virus, or other technical sabotage; or
(d) our Services, even if we or our employees or representatives are advised of the possibility or likelihood of such Loss.
11.2 You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that Envago and its related entities, related bodies corporate, directors, employees and suppliers have no responsibility for the actions of Users (including the legality of such actions).
11.3 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR ENVAGO ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER ENVAGO NOR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENVAGO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11.4 NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS AND EXCEPT TO THE EXTENT PERMITTED BY LAW, IN ALL EVENTS:
(a) OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR AN ORDER OR ADVENTURE, OR YOUR USE OF OR INABILITY TO USE THE PAYMENT SERVICES, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED PER EVENT TO THE AMOUNT PAID BY YOU THROUGH THE APP IN THE 12 MONTHS PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED US DOLLARS ($100.00), WHICHEVER IS GREATER; AND
(b) ENVAGO SHALL NOT BE LIABLE FOR LOSS OF CONTRACT, LOSS OF PROFIT OR REVENUE, CONTRACTUAL CLAIMS OF THIRD PARTIES, ECONOMIC LOSS, LOSS OF PRODUCTION, BUSINESS INTERRUPTION, LOSS OF DATA, PRODUCTION STOPPAGE, OR CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE OF ANY KIND.
11.5 The limitation and exclusion of liability in this clause 11 applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
11.6 Notwithstanding any other term in these Terms and Conditions, nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of Envago or its related entities, related bodies corporate, directors, employees, officers or suppliers where and to the extent that applicable law prohibits such exclusion or limitation.
12.1 You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown, including reasonable solicitors’ fees and claims made by third parties, due to or arising out of your breach of these Terms and Conditions or any Policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of any third party.
13. Terms and Termination
13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Envago terminate the Agreement pursuant to these Terms and Conditions.
13.2 You may terminate this Agreement at any time via the “Cancel Account” feature on the App or by sending us an email. If you cancel your Envago Account as a Planner, any Orders for your Adventures will be automatically cancelled and your Adventurers will receive a full refund. If you cancel your Envago Account as an Adventurer, any Orders will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
13.3 Without limiting our rights specified below, we may terminate this Agreement for convenience at any time by giving you 30 days’ notice via email to your registered email address.
13.4 We may also terminate your account in accordance with Clause 9 of these Terms and Conditions.
13.5 If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Information, including but not limited to any reviews or feedback on the App.
13.6 If your access to or use of the App or Services has been limited or your Envago Account has been suspended or this Agreement has been terminated by us, you may not register a new Envago Account or attempt to access and use the App and Services through other Envago Accounts.
13.7 If you or we terminate this Agreement, the clauses of these Terms and Conditions that reasonably should survive termination of the Agreement will remain in effect.
14. Legal Compliance
14.1 You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our Services and other relevant state-based fair trading legislation.
16.1 Accessing information from the App is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.
16.2 These Terms and Conditions are governed by the laws of Delaware, the United States of America and the parties submit to the jurisdiction of the Courts of Delaware, the United States of America.
16.3 These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
16.4 If a clause of these Terms and Conditions are void or unenforceable it must be severed from these Terms and Conditions and the clauses that are not void or unenforceable shall be unaffected by the severance.
16.5 You agree that these Terms and Conditions and all incorporated agreements may be assigned by Envago, in our sole discretion, to related entities or third parties. You may not assign these Terms and Conditions without Envago’s express prior written consent. A Planner’s account (including Information you provide or receive) may not be transferred or sold to a third party.
16.6 Our failure to enforce a provision of these Terms and Conditions or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorized representative of Envago.
16.7 You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them.
16.8 These Terms and Conditions and the Policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
16.9 Nothing in these Terms and Conditions or your use of the App establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties including in particular between Envago and Adventurers and between Envago and Planners.
16.10 These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.