Titanic Digital Marketing Company LLC ("us", "we", or "our") operates the https://ViaVii.com website and the ViaVii mobile application (hereinafter referred to as the "Service").
ViaVii reserves the right to decide, in its sole discretion, whether a submitted “Experience” will be published on the ViaVii online platform. Once published, an “Experience”, may be removed according to the removal provisions below or according to any applicable removal provision in the ViaVii Terms of Service. The ViaVii online platform is published by or on behalf of Viavii Corporation, a company registered in The State of Delaware, USA, Registration No. (7833066), with a branch in Amman, Jordan, under the registration number 45049.
1) Experience Provider Acceptance of Terms
These terms govern the general use of the ViaVii online platform (including any mobile, website, social media, and associated sites owned by Viavii Corporation). These terms constitute a binding legal agreement in electronic form between you (hereinafter referred to as “Experience Provider”, “experience-provider”, “Provider”, “merchant”, “vendor”, “you”, “your”) and Viavii Corporation(hereinafter referred to as “ViaVii”, “we”, “us”, “our”). By using ViaVii online platform and service(s), you agree to these terms.
2) Additional Agreements
In addition to these Experience Provider and/or host – Terms and Policies for Service Providers (hereinafter referred to as “Terms”), and Experience Provider and/or host that use ViaVii’s online platform and service(s) agree to our terms and conditions that are provided in our “General Terms and Conditions”.
3) Creating an experience offer(s)
When listing an “Experience’, you must, where applicable, fully educate and inform “Guests” about (i) any risks inherent to the “Experience”, or other “Host Service”, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the “Experience”, or other “Host Service” (including dress codes, equipment, special certifications or licenses, etc.).
By making your “Experience’' available you shall ensure that all recorded sales originating from ViaVii are commissionable to ViaVii as per the agreed-upon commission structure. Both parties agree to act in good faith and uphold the principles of honesty, transparency, and fairness in all matters related to sales recording and commissionability.
4) Level of Service
The experience Provider and/or host agrees to provide the same level of service to the customer as if the customer were paying the 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.
5) Experience Providers liability
Experience Providers and/or hosts alone are responsible for the “Experiences”, that they submit, list, and provide. ViaVii merely provides the ViaVii services and tools and is not itself an operator or provider of tours, activities, travel services, “Experiences”, or other services. ViaVii does not own, sell, resell, furnish, provide, manage, and/or control any such “Experiences”, or services. ViaVii’s responsibilities are limited to making the listings for “Experiences”, or other services available through the ViaVii online platform as a distribution channel, and ViaVii shall not be in any manner whatsoever considered liable towards Experience Providers or customers or hosts or any other party whatsoever for any personal injury or personal losses or death or any other type of damages and/or liabilities of whatsoever type related thereto and this shall survive any expiry or termination or changes of these terms and conditions for an unlimited period.
You are responsible for acquiring all equipment, including supplies, vehicles, venues, and other materials (hereinafter referred to as “Equipment”) necessary to host your “Experience”. You are solely responsible for ensuring that the Equipment used in your “Experience” is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
6) Additional Experience and/or Host Responsibilities
You are responsible for (i) understanding and complying with all laws, rules, and regulations that may apply to your “Experience”, or other services (s), (ii) obtaining any required licenses, permits, or registrations prior to providing your “Experience”, or other services (s); and (iii) ensuring that your “Listing” and/or “Hosting” of an “Experience”, or other services (s) will not breach any agreement you may have with any third party.
7) Third-Party Providers
The Experience Provider and/or host may subcontract portions of the “Experience” required by these Terms to a third party (hereinafter referred to as “Third Party Provider”). If a provider subcontracts or delegates to a Third Party Provider with respect to fulfilling such “Experience”, the 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. The 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 the financial and contractual relationship with their Third Party Provider.
8) Payment Terms
Payment terms governing Experience Provider’s and/or host offerings with the ViaVii online platform are set forth in these Terms unless executed under a separate written agreement. The Experience Provider and/or host will list “Experiences” at a retail price on the ViaVii online platform. ViaVii will collect payment from the customer and make the payment available for redemption by the Experience Provider. Upon customer attending and redeeming the Experience Provider fulfilling “Experience” to the user, ViaVii will pay the Experience Provider an amount equal to the retail price minus the sales commission percentage which is agreed upon. The standard sales commission fee is 15% of the retail price charged on the ViaVii online platform. 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 ViaVii to the Experience Provider and/or host within thirty (30) business days of adequately fulfilling the Experience to the customer or user unless the customer files a dispute with ViaVii within seven (7) business days of redeeming the “Experience”. In cases where the customer files a dispute or complaint within seven (7) business days, payment will be withheld while ViaVii investigates the dispute. ViaVii 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 and/or host owed any amount prior to providing the “Experience”.
9) Collection of Applicable Taxes
The Experience provider and/or host is solely responsible for remitting all applicable sales taxes to the appropriate authorities. The Experience Provider and/or host may enter a sales tax percentage for ViaVii to collect at the point of sale. ViaVii simply collects the sales tax amount that the Experience Provider and/or host enters and sends this full amount to the Experience Provider and/or host. ViaVii will include the tax amount with the “Experience” payment. Under no circumstance will ViaVii verify that Experience Providers and/or hosts are correctly paying sales taxes to the appropriate authorities. Under no circumstance will ViaVii make the sales tax payments to the government on behalf of the Experience Provider and/or the hosts.
10) Intellectual Property Rights
Other than the content you own, under these Terms, ViaVii and/or its licensors own all the intellectual property rights and materials contained in the ViaVii online platform.
You are granted a limited license only for purposes of viewing the material contained on the ViaVii online platform.
The trademarks, service marks, and logos (hereinafter referred to as “Trademarks“) contained on or in ViaVii online platform are owned solely by ViaVii or its group companies or its third-party partners. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without the prior written consent of ViaVii or the relevant group company or the relevant third party partner of ViaVii.
11) Customer Data
Experience Providers and/or hosts acknowledge that ViaVii owns all data collected by ViaVii through the ViaVii online platform (s), social media pages, applications, and any other method of collecting ViaVii customers data. ViaVii shall not provide Experience Providers and/or hosts with customer data except to the extent necessary to fulfill the “Experience” to the customer, as determined by ViaVii.
If any provision or part of a provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void, or unenforceable) will be struck and will not in any way affect the validity of and enforceability of the remaining provisions of these Terms.
13) Term and Termination
These Terms are effective on the earlier date of when the Experience Provider and/or host first access their “Business Provider” account or formally accept the Experience Provider terms and conditions. These terms will remain in effect for experiences listed and covered under this agreement until all Experiences are redeemed or refunded/exchanged. ViaVii may terminate these terms at any point without advanced notice. Upon termination, ViaVii will pay Experience Providers and/or hosts for any Experiences fulfilled that have not been disputed. “Experiences” that have been purchased but not redeemed will be refunded or credited to the customer or user.
14) Limitation of Liability
ViaVii’s complete liability to the Experience Provider and/or host 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 ViaVii be liable for any claims related to the goods and services provided by the Experience Provider and/or host, including but not limited to, any claims for false advertising, injuries, illnesses, damages, or death.
By Experience Provider and/or host – You, at your sole cost and expense, shall defend, indemnify and hold ViaVii, 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.
16) Updates to these Experience Host Terms
We reserve the right to update, modify, or discontinue the Terms, at any time. If we modify the Terms, we will give you notice and post the modification on ViaVii online platform. By continuing to access or use our services after the modified Terms become effective, you are indicating that you agree to be bound by the updated Terms. If the modified Terms are not acceptable to you, your recourse is to stop using our services.
17) Your Experience and/or host Content
ViaVii online platform enables you to share your “Experience” and/or host content (hereinafter referred to as "Content"), with other Experience Providers and/or host and/or users. You retain all intellectual property rights and are responsible for the Content you share.
How we and others may use the Content?
To the extent that you provide Content, you grant ViaVii a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the Content. This license includes granting ViaVii the right to authorize participating institutions to use Content. Nothing in these Terms shall restrict other legal rights ViaVii may have to Content, for example under other licenses. We reserve the right to remove or modify Content for any reason, including Content that we believe violates these terms.
We welcome your suggestions, ideas, comments, and other feedback regarding the “Experience” (hereinafter referred to as "Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, ViaVii does not waive any rights to use similar or related Feedback previously known to ViaVii, developed by its employees or contractors, or obtained from other sources.
19) Governing Law & Jurisdiction
These Terms and every transaction in relation to the subject matter herein shall be governed by and interpreted in accordance with the relevant applicable federal laws and jurisdiction of The State of Delaware - the United States of America and the Hashemite Kingdom of Jordan, in case of conflict the latter shall prevail. Nevertheless, we are solely entitled to seek legal actions and rely on any applicable law where you have a residence and/or own any assets therein and/or of your nationality.