Yervana Payment and Payout Terms
Last update: December 5, 2017
These Payment and Payout Terms are made pursuant to the Yervana Terms of Service (“Terms of Service”), which govern the use of Yervana, including any content, functionality and services offered on or through www.yervana.com or any other website through which Yervana makes its services available (the “Website”), and to any mobile, tablet and other smart device applications, and application program interfaces (the “Application”) (collectively, the “Services”). All Adventures booked via the Services create an Agreement between registered users seeking adventures (“Explorers”) and other registered users offering authentic adventures in the community (“Locals”). Locals can use the Services to publish experiences and excursions in their fields of expertise (“Adventures”), which can then be booked by Explorers who wish to participate in that Adventure.
Your access to and use of the Services is conditioned upon compliance with the Terms of Service and your understanding and agreement that the Company is merely a facilitator providing an online marketplace connecting users, and that the Company is not a participant in any relationship between users, Locals or Explorers, nor is it a party to any contractual relationship between a Local and an Explorer.
These Payment and Payout Terms are incorporated into, and form part of the Terms of Service, and any Explorer or Local participating in any Adventure offered through the Services, is bound by these Payment and Payout Terms. These Payment and Payout Terms constitute a legally binding agreement between you and the Company and govern the Payment Services (as defined herein). Any terms not defined herein have the meaning given to them in the Terms of Service.
1.1 The Company may charge fees to Locals (“Local Fees”) and/or to Explorers (“Explorer Fees”) (collectively, “Fees”) as consideration for the use of the Services. Fees will be displayed prior to publishing or booking an Adventure.
1.2 Locals are responsible for setting the fee for the Adventure they intend to host (the “Adventure Fee”).
1.3 Local Fees are 25% of the Adventure Fees. There is no Explorer Fee at this time. The Company reserves the right to change the Fees at any time and adequate notice will be provided prior to such change becoming effective.
1.4 The Company will collect the Fees charged pursuant to these Payment and Payout Terms and the Terms of Service. Where applicable, the Company may also collect taxes in respect of the Fees.
1.5 A Local’s Payout for an Adventure will be the Adventure Fee less applicable Local Fees and taxes.
1.6 All transactions will be processed in Canadian dollars.
1.7 The Company may round up or round down any amounts that are payable, to the nearest whole number.
1.8 You are responsible for paying any and all Fees that you owe or have incurred via your use of the Services.
1.9 Unless otherwise provided Fees are non-refundable.
2. Payment Collection
2.1 The Company will provide payment services to registered users via a third party payment service provider called STRIPE, including for payment collection and payouts in connection with the Services, for processing refunds and for storing, managing and processing personal information associated with any of the foregoing (“Payment Services”).
2.2 Each Local collecting payment for Adventures provided via the Services hereby appoints the Company, and STRIPE, as their limited payment collection agents solely for the limited purpose of accepting funds from Explorers purchasing Adventures. Each Local agrees that payments made through the Payment Services will be considered the same as payments made directly to the Local, and the Local will provide the Adventures to Explorers in the agreed upon manner as if they had received payment directly.
2.3 Each Local agrees that the Company’s obligation to pay the Local is subject to and conditional upon successful receipt of the Adventure Fees from the Explorers. The Company only guarantees payouts to Locals in respect of payments that have been successfully received from Explorers in accordance with the Terms of Service and these Payment and Payout Terms. In accepting appointment as the limited payment collection agent of the Local, the Company does not assume any liability for any acts or omissions of the Local.
2.4 Each Explorer acknowledges and agrees that the Company and STRIPE act as the Local’s collection agent for the limited purpose of accepting payments from the Explorer for each Adventure booked and that this does not make the Company a party to any agreement between a Local and an Explorer.
2.5 If the Company is unable to collect any amounts you owe under the Terms of Service and these Payment and Payout Terms, it may engage in collection efforts to recover such amounts from you. Amounts will be considered to be overdue when 90 days have passed since the first attempt to charge the funds owed was made. Amounts not collected within the foregoing time frame will be deemed to be in default.
2.6 The Company may modify the Payment Services and introduce new Payment Services from time to time.
2.7 You must not use the Payment Services except as authorized by Canadian law, the laws of the jurisdiction in which you reside and any other applicable laws.
3. Payments and Payout
3.1 Payments and Payouts will involve the use of the third-party payment service provider STRIPE. STRIPE may charge additional fees and impose additional terms and conditions when processing payments and payouts. The Company is not responsible for any such fees and disclaims all liability in this regard. You are responsible for reviewing such additional terms and conditions.
3.2 Via the Payment Services, you may link financial instruments to your Yervana STRIPE account in order to make and receive payments. For example, you may link a credit card, debit card, PayPal account, direct deposit, or a prepaid card. Any financial instrument information that is linked to your account will be stored, managed and processed via STRIPE and not by the Company.
3.3 When you link financial instruments to your Yervana STRIPE account you will be asked to provide billing information, including but not limited to your name, billing address and financial instrument information. You must provide accurate, current and complete information and you agree to ensure that such information is current at all times. You are solely responsible for the accuracy and completeness of such information.
3.4 When you add a financial instrument, STRIPE may verify your identity and your financial instrument information in accordance with its terms and conditions and policies, including by requiring valid government ID and by processing a $1.00 verification charge, which is immediately reversed.
3.5 The Payment Services may contain links to third-party websites or resources which may be subject to different terms and conditions and privacy practices. You are responsible for reviewing these independently. The Company is not responsible or liable for the availability or accuracy of these third-party services.
3.6 The Company agrees to take steps to rectify any payment processing errors that it becomes aware of or that you bring to the Company’s attention.
4. Cancellations and Refunds
4.1 All refunds will be processed by the Company and STRIPE in accordance with the Cancellation Policy.
5.1 Locals are solely responsible for determining obligations to report, collect, remit or include applicable taxes in their Payouts (Adventure Fees less Local Fees).
5.2 Tax laws may require the Company to collect appropriate tax information from Locals, or to withhold Payouts to Locals, or both. If Locals fail to provide the documentation required by the Company to alleviate its obligations in respect of taxes, the Company reserves the right to freeze all Payouts, withhold any amounts required by law, or both, until the matter is resolved.
5.3 You understand that any appropriate government agency, department or authority may require taxes to be collected from Explorers or Locals based on Adventure Fees and Payouts, respectively, and to be remitted to the appropriate agency.
6.1 The Company reserves the right, at its sole discretion, to modify or replace these Payment and Payout Terms at any time. If a revision is material, which is to be determined by the Company at its sole discretion, the Company will provide at least 30 days’ notice on the Website or Application prior to any new terms taking effect. Your continued access to or use of the Services after any revisions become effective, will mean that you accept and agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services and should refrain from doing so.
6.3 If you have any questions about these Payment and Payout Terms, please contact the Company by e-mail at firstname.lastname@example.org.