Invibz Terms of Use

Introduction

1.1 These terms of use, together with the Privacy and Cookies Statement (collectively, the “Terms of Use”), set out the terms on which Invibz provides services (the “Services”) through its booking platform (the “Platform”). The Platform is available through our website (www.invibz.com, together with all related domains, white label and affiliate sites, mobile properties, and related applications, collectively referred to as the “Website”) and over the telephone. When we refer to “you”, we mean any person who accesses or uses the Services. Invibz is not a travel or tour agency, nor is it a supplier of tours, activities, or experiences. When you make a booking, you are using the Platform to contract with third-party suppliers.

1.2 These Terms of Use govern your relationship with us concerning your use of the Services, including any bookings you make for any tour, ticket, attraction, activity, and/or experience (described in these Terms of Use as an “Experience”) that is advertised on the Website and made available by a third-party supplier (each, a “Product”).

1.3 By using or accessing the Services, making a Booking, and/or creating an account on the Website (an “Invibz Account”), you agree to be bound by these Terms of Use without modification, and you represent that you have read and understood them. In all Booking arrangements, the person making the Booking shall be deemed to have accepted these Terms of Use on behalf of all the persons named in the Booking.

1.4 We may update or otherwise modify these Terms of Use at any time, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated Terms of Use. We will note the date that updates were last made to the Terms of Use at the top of this page, and the updated Terms of Use will take effect upon posting. It is your responsibility to return to this page periodically to review the most current version of the Terms of Use. If you do not want to accept any changes to the Terms of Use, you may contact us to close your Invibz Account and cease to access the Services. See Section 22 for more details.

1.5 THE WEBSITE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Use of the Services

2.1 As a condition of your use of the Services, you represent and warrant that:

All information provided by you during your use of the Services is true, accurate, current, and complete.
You are 13 years of age or older to use the Website. Invibz does not knowingly collect information from anyone under the age of 13.

2.2 Your use of the Services is permitted by Invibz only for personal, non-commercial use and/or to make legitimate requests to book the Products offered. You agree not to use the Services for any speculative, false, or fraudulent requests or bookings.

2.3 Additionally, you represent and warrant that:

You are not currently suspended or previously banned by Invibz from using the Services.
You are not acting on behalf of a competitor of Invibz.
You will not create more than one Invibz Account.
You have full power and authority to enter into this legally binding agreement and doing so will not violate any other agreement to which you are a party.

2.4 We reserve the right at our sole discretion to deny access to the Services to anyone at any time and for any reason, including violation of these Terms of Use.

2.5 By accessing or using the Website, you may encounter content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Invibz does not endorse such content and cannot guarantee its accuracy. Therefore, you access and use the Website at your own risk.

Invibz Accounts

3.1 To access certain features on the Website and utilize our Services, including making bookings, you may need to create an Invibz Account and provide personal information. You are responsible for maintaining the confidentiality of your Invibz Account password and login credentials (“Invibz Account Credentials”). You are also solely responsible for all activities, including bookings, that occur under your Invibz Account. Please notify us immediately of any unauthorized use of your Invibz Account.

3.2 Your Invibz Account is intended for personal use only. You may not impersonate others (e.g., adopt a celebrity’s identity), create accounts for anyone other than yourself, provide personal details that are not your own, or create multiple Invibz Accounts.

3.3 We reserve the right to suspend or terminate access to your Invibz Account or your ability to use our Services, in whole or in part, at our sole discretion and without notice or liability. This action may occur, for example, if you misuse the Website. Such suspension or termination may prevent access to your Invibz Account, the Website, User Content (as defined in Section 6.1), Website Content (as defined in Section 4.1), and/or other related information.

3.4 You have the right to terminate your Invibz Account at any time by contacting us to request closure and ceasing use of our Services.

3.5 If you are a consumer in the EU or UK, you have specific consumer rights. Consumers elsewhere may also have consumer rights under their local laws. These Terms of Use do not affect your mandatory consumer rights.

3.6 AS A USER OF THE SERVICES, YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW:

Neither Invibz nor its affiliates will be liable to you or others for any unauthorized bookings made using your Invibz Account and/or Invibz Account Credentials.
Unauthorized use of your Invibz Account and/or Invibz Account Credentials may result in liability to both Invibz and other users.

Website Prohibited Activities

4.1 The content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software (including Software, as defined in Section 8.2), code, or other material, collectively described herein as the “Website Content”), as well as the infrastructure used to provide such Website Content, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Website Content or products or services obtained from or through the Website without our prior written permission. Any other use of the Website Content, products, and/or services requires the express written permission of Invibz.

4.2 Additionally, you agree not to engage in the following activities, and you agree not to assist or enable others to do so:

a. Use the Website or the Website Content for any commercial or unlawful purpose;

b. Access, monitor, or copy any Website Content using any robot, spider, scraper, or other automated means or any manual process to access, scrape, index, retrieve, or otherwise use the Website or any Website Content without our express written permission;

c. Violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;

d. Take any action that imposes, or may impose, in our sole discretion (or, if you are a consumer resident in the UK or EU, in our reasonable discretion), an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;

e. Deep-link to any portion of the Website for any purpose without our express written permission;

f. “Frame”, “mirror”, or otherwise incorporate any part of the Website into any other website without our prior written authorization;

g. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any Software;

h. Use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Website;

i. Use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

j. Use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;

k. Use the Website to promote bigotry or discrimination against protected classes;

l. Use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

m. Use the Website to submit or transmit pornography or illegal content;

n. Use the Website to solicit personal information from minors, or to harm or threaten to cause harm to, any person including minors;

o. Attempt to gain unauthorized access to the Website, user accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means;

p. Use the Website to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”);

q. Use any device, software, or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;

r. Use the Website to violate the security of any computer network, crack passwords, or security encryption codes;

s. Disrupt or interfere with the security of, or otherwise cause harm to, the Website;

t. Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website; or

u. Use, or assist, encourage, or enable any third-party to use, any robot, spider, artificial intelligence (AI) system, or other automated device, process, or means to access, retrieve, copy, scrape, aggregate, collect, download, or otherwise index any portion of the Services or any Website Content, except as expressly permitted by Invibz in writing.

Electronic Communications

5.1 When you use the Invibz Website or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. By using our Services, you agree that we may communicate with you in various ways, including by email, in-app push notices, or by posting notices and messages on the Website. You can opt out of marketing-related emails by contacting [email protected]. However, we may continue to send you non-marketing messages, such as those related to upcoming bookings.

5.2 As part of our Services, we share information with companies within the Invibz Group to provide you with information about special offers, products, and services that may interest you. This information is typically communicated through newsletters and marketing communications, allowing us to better understand your preferences across our Services and those of other companies within the Group, thereby enabling customization of services in accordance with those preferences.

Content

6.1 You and other users of the Invibz Website contribute to the platform in various ways, such as submitting emails, writing reviews, posting messages, uploading photos or videos, and making comments or suggestions (collectively, “User Content”). InVibz.com may use User Content in multiple ways, including displaying it on the Website, reformatting, translating, editing for clarity and grammar, incorporating into advertisements, creating derivative works, promoting, distributing, and allowing others to do the same across different platforms.

6.2 By submitting User Content, you grant Invibz and its affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable, and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display, and perform such User Content in any media, now known or hereafter developed, for any purpose; and (b) use your name in connection with such User Content. You acknowledge that Invibz may choose to attribute your User Content at its discretion. You also grant Invibz the right to pursue legal action against anyone who violates your or Invibz’s rights in the User Content. You agree that User Content is non-confidential and non-proprietary. If you retain moral rights in the User Content, you waive those rights to the extent permitted by law.

6.3 Invibz and its affiliates may display advertisements and other information alongside your User Content on the Website. You are not entitled to compensation for such advertisements. The manner, mode, and extent of advertising may change without notice.

6.4 The Website may include discussion forums, bulletin boards, review services, or other Interactive Areas where users can post User Content. You are solely responsible for your use of these Interactive Areas and use them at your own risk. Invibz reserves the right to remove or restrict User Content without notice if it violates these Terms of Use or to protect the rights of Invibz or other users. If you disagree with the removal of your User Content, you can appeal through Invibz’s internal complaint handling process.

6.5 You agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Website any User Content that:

a. Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable; b. Constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; c. Infringes on any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right of any party; d. Impersonates any person or entity or misrepresents your affiliation with a person or entity, including Invibz; e. Includes promotions, political campaigning, advertising, contests, raffles, or solicitations; f. Discloses private information of any third party, such as addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers; g. Contains viruses, corrupted data, or other harmful, disruptive, or destructive files; h. Is unrelated to the topic of the Interactive Area(s) in which it is posted; or i. Violates any guidelines or restrictions set by Invibz.

6.6 You are solely responsible for the User Content you submit, including its accuracy, completeness, usefulness, and the disclosure of any personal information. You warrant that you own or have the necessary permissions to use and authorize the use of your User Content as described herein. You may not imply that your User Content is sponsored or endorsed by Invibz.

6.7 Invibz has no obligation to screen, edit, or monitor User Content, but reserves the right (or, if you are a consumer in the UK or EU, exercises reasonable discretion) to remove, screen, translate, or edit User Content at any time and for any reason, or to have these actions performed by third parties. You are responsible for creating backup copies of your User Content. Invibz does not guarantee the confidentiality of User Content.

6.8 Violation of these Terms of Use through use of Interactive Areas or other portions of the Website may result in termination or suspension of your rights to use those areas. Invibz may also suspend processing of notices and complaints submitted through the Services if frequent unfounded submissions occur.

Links to Third Party Websites

7.1 Invibz may include hyperlinks to websites operated by parties other than Invibz (“Third Party Sites”). These links are provided for your convenience and do not imply endorsement by Invibz of the content on such Third Party Sites or any association with their operators.

7.2 Invibz does not control Third Party Sites and is not responsible for their content or their privacy practices.

7.3 You are responsible for ensuring that any hyperlinks you access and any software you download (whether from the Website or Third Party Sites, including Software as defined in Section 8.2) are free from viruses.

7.4 On some occasions, Third Party Sites may ask if you want to link your Invibz profile to a profile on their site. This linking is optional. If you choose to link your profiles and later wish to disable the link, you should contact the Third Party Site directly.

Software on the Website

8.1 Software available from the Invibz Website is subject to United States export controls. No software from the Website may be downloaded or exported (a) to Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country subject to U.S. trade embargoes, or (b) to anyone listed on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Website, you confirm that you are not located in, under the control of, or a national or resident of any such restricted country or on any such list.

8.2 Any software (including HTML, XML, Java code, and Active X controls) available for download from the Website (“Software”) is owned by Invibz, its affiliates, or third parties as specified. Your use of such Software is governed by the accompanying end user license agreement (“License Agreement”), if provided. You may not install or use any Software that includes a License Agreement without first agreeing to its terms. For Software without a License Agreement, Invibz grants you a limited, personal, non-transferable license to use the Software solely for accessing and using the Website in accordance with these Terms of Use.

8.3 All Software on the Website is protected by copyright laws and international treaties. Unauthorized reproduction or redistribution of the Software is strictly prohibited and may result in severe penalties under civil and criminal law.

8.4 COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT, TO THE EXTENT PERMITTED BY LAW.

Copyright and Trademark Notices

9.1 Except for Third Party Content, all content on the Invibz Website, including visual interfaces, interactive features, custom graphics, design, computer code, products, software, compilation of other content, and other elements, are owned by Invibz, Inc. All rights reserved. Trademarks and service marks displayed on the Website (including those of Products) are registered or common law trademarks of Invibz, Inc. and/or its suppliers or licensors, and may not be used without prior written permission. The look and feel of the Website, including page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Invibz and may not be copied or used without permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners.

9.2 Invibz operates on a “notice and takedown” basis regarding copyright complaints. If you believe material on the Services infringes your copyright, please follow our Copyright Complaint Policy instructions to request its removal.

Products and Booking Reservations

10.1 Invibz provides a platform through which you can book products (“Products”) from third-party suppliers (“Suppliers”). Invibz acts as a disclosed agent for Suppliers, facilitating bookings but not providing the Products themselves. Your contract for a Product is directly with the Supplier.

10.2 Suppliers may be businesses or consumers. If you’re an EU or UK consumer booking with another consumer, your consumer rights may not apply.

10.3 Each booking constitutes an offer you make to a Supplier, which may accept or reject it. Invibz’s Terms of Use apply to your use of the platform for booking, but Supplier terms displayed during booking and Supplier contracts govern Product supply. Contact Invibz for questions not answered on the Website before booking.

10.4 By booking, you agree to review and comply with Supplier terms (“Supplier Terms”). If Supplier Terms conflict with these Terms of Use regarding your relationship with Invibz, these Terms of Use prevail. Your interactions with Suppliers are at your own risk; Invibz isn’t liable for Supplier acts or omissions.

10.5 Invibz isn’t a travel agency and doesn’t own Experiences. Though it provides Product information and facilitates bookings, this doesn’t imply sponsorship or approval of Suppliers. Member ratings and reviews don’t constitute endorsement by Invibz. Invibz isn’t responsible for information accuracy from Suppliers on the Website.

10.6 By booking, you confirm you’re at least 18, can legally bind yourself and others, and all provided information is accurate. Legitimate bookings are your responsibility, and Invibz isn’t liable for unauthorized bookings or errors in supplied information.

Pricing

11.1 Prices for each Product are quoted per person, unless otherwise specified.

11.2 Prices are based on the local tariff at the time of quoting, converted using the prevailing foreign-exchange rate determined by Invibz. See Section 12 for details on currency conversions.

11.3 Price quotations are subject to change without notice until a Booking is confirmed.

11.4 Prices typically exclude local taxes or use-fees, such as foreign departure fees, security charges, port fees, park fees, customs, immigration fees, agricultural fees, passenger-facility charges, or international transportation taxes, unless explicitly stated otherwise by the Supplier.

11.5 Inclusions in the price are determined by the Supplier. Prices generally do not cover tips/gratuities, passport and visa fees, personal insurance, personal expenses, taxes or duties not included in the quote, and any beverages or meals unless specifically mentioned by the Supplier.

Currency Conversions

12.1 If a currency converter is provided, currency rates are sourced from various publicly available references and should be used as general guidelines. Rates may vary and may not be updated daily. Invibz and its affiliates do not guarantee the accuracy of currency quotes and are not liable for any discrepancies due to currency fluctuations.

Payments

13.1 When making a Booking, Invibz or Owl Payments Limited collects your payment information and processes your payment as described in Section 14. Invibz or Owl Payments Limited acts as the limited payment collection agent for the Supplier, handling payments for the Product(s) on behalf of the Supplier. Full payment by credit or debit card is typically required unless otherwise specified. Your payment statement may show Invibz/Tripadvisor/Owl Payments as the payee.

13.2 Your Booking may be subject to additional fees such as taxes, duties, foreign transaction fees, currency exchange fees, or other charges. Your bank or payment card issuer may convert the payment into your local currency and may apply fees, resulting in differences between the displayed amount on the Platform and the final amount charged to you. Contact your bank or card issuer for questions about currency conversion or fees.

Payment Processing

14.1 Payment processing services for the Services are provided by Strip or Squire. Depending on the entity processing your payment, the Terms of Use constitute an agreement between you and Invibz, Inc. These entities are located in the USA respectively.

14.2 For clarity, the Terms of Use do not constitute an agreement between you and Invibz. If your payment is processed by Stripe and Squire the Services are provided by them.

Modifications or Cancellations by You

15.1 Once you purchase a Product, changes or cancellations may not be possible unless otherwise specified in the Product’s terms and conditions. If you request changes to your Booking (e.g., pick-up location or time), the Supplier may accommodate your request at their discretion. It’s your responsibility to be at the meeting place at the communicated time and date. Failure to do so may result in your Booking being classified as a “no show,” with no entitlement to a refund or rebooking.

15.2 Typically, you can request changes or cancel a Booking up until 24 hours before the start time, or by 11:59pm two days before the start date for experiences without an explicit start time, based on the Experience’s time zone. Cancellations must be processed through the self-service options on the Website.

15.3 Some Products are labeled ‘All Sales Final’ or similarly, indicating they are non-refundable and cannot be changed or canceled after Booking. Each Product listing specifies its cancellation policy at the time of Booking, which governs cancellation terms and refunds.

15.4 Requests for changes (Change Requests) must be made online via the ‘Manage My Booking’ section of the Website. Invibz typically does not charge a fee for processing Change Requests if received by the specified deadline, but the Supplier may impose fees.

15.5 Change Requests are subject to Supplier availability and agreement. Invibz does not guarantee approval of Change Requests; if the Supplier cannot accommodate the change, cancellation terms apply. It’s your responsibility to cancel before the refund deadline, even if awaiting Supplier response.

15.6 Changing a Booking after using a promotion code or discount may invalidate the discount or special price.

15.7 No refunds are available once an Experience has begun or for utilized services like accommodation or meals.

Other Modifications and Cancellations

16.1 Suppliers may occasionally alter Product details post-purchase (e.g., date, price, inclusions). Invibz reserves the right to cancel, change, or substitute any purchased Product at any time. If a significant change is proposed and you’re dissatisfied with alternatives offered, you may be entitled to a full refund.

16.2 Invibz may, at its discretion, withdraw Services to protect interests, resulting in cancellation of a Booking and potential refunds. Invibz and the Supplier bear no liability for such cancellations or refunds.

These policies ensure clarity and fairness in managing bookings through Invibz, with considerations for both travelers and suppliers involved in the service offerings.

Passports, Visas & Insurance

17.1 When you book a Product, it’s your responsibility to ensure you meet all foreign entry requirements and have valid travel documents like passports and visas.

17.2 Check embassy or consulate websites for current passport and visa requirements, which may change. Invibz is not liable for any issues arising from entry refusal into any country, including transit countries.

17.3 Visa and health requirements can change without notice. Invibz advises checking with consulates for up-to-date information before booking and traveling. Consult your physician for health recommendations and requirements before international travel.

17.4 Invibz strongly recommends purchasing comprehensive travel insurance before departure. It may cover cancellation fees and related expenses if you cancel or change your trip. Review your policy for terms and conditions.

17.5 Travel risks vary by destination. Invibz urges checking destination country government travel advisories before booking.

17.6 Invibz does not guarantee the advisability or safety of travel to any destination. Invibz is not liable for damages or losses resulting from travel to such destinations.

Our Liability

18.1 Please read this section carefully, as it limits Invibz’s liability related to your use of the Services.

18.2 Information, content, software, the platform, and services provided via the Services may include inaccuracies or errors, such as reservation availability and pricing errors. Invibz Companies do not guarantee the accuracy of such information and disclaim liability for errors or inaccuracies related to product descriptions, pricing, availability, and other services.

18.3 The Invibz Group Companies make no warranties regarding the suitability of information, content, software, platform, products, and services for any purpose. All such offerings are provided “as is” without warranty of any kind.

18.4 Suppliers are independent contractors, not agents of Invibz Group Companies. Invibz is not liable for acts, errors, omissions, or negligence of Suppliers, nor for personal injury, death, property damage, or other damages resulting from bookings or product use.

18.5 Invibz is not liable for delays, cancellations, overbookings, strikes, force majeure, or government actions beyond its control. Invibz assumes no responsibility for additional expenses, omissions, or rerouting.

18.6 In no event shall Invibz Group Companies (or their officers, directors, affiliates) be liable for indirect, incidental, special, exemplary, or consequential damages arising from a product or booking, even if advised of the possibility of such damages.

18.7 If liable, Invibz Group Companies’ aggregate liability will not exceed the sum paid for the booking or one hundred dollars ($100.00), whichever is greater.

18.8 These liability limitations apply except where mandatory legal rights cannot be excluded under applicable law (e.g., consumer protection laws). In the UK and EU, liability exceptions include death, personal injury caused by negligence, or fraud.

Your Liability

This Section 19 (Indemnification) does not apply to consumers who are resident in the UK or EU.

You agree to defend and indemnify Invibz and the Invibz Group Companies and all of their respective officers, directors, employees, and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs, and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to: a. your breach of these Terms of Use or the documents referenced herein; b. your violation of any law, rule, regulation or guideline; c. your violation, infringement, or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy; d. your use of the Services (including the Website); e. your Booking or use of any Product; or f. your negligence or willful misconduct.

Updates to these Terms of Use; Modifications; Termination and Withdrawal

22.1 Terms of Use: Invibz may change, add, or delete these terms and conditions of these Terms of Use or any portion thereof from time to time in its sole discretion (or in its reasonable discretion for consumers resident in the UK or EU) where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of these Terms of Use as amended.

22.2 Modifications: Invibz may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any of the Services’ features, databases, or User Content, at any time, without any cost to you, including: (a) to ensure compliance with applicable laws and/or reflect changes in relevant laws and regulatory requirements, such as mandatory consumer laws; (b) to perform temporary maintenance, fix bugs, implement technical adjustments, for operational purposes, or make improvements, such as adapting the Services to a new technical environment, transferring the Services to a new hosting platform, or ensuring Service compatibility with the devices and software (as updated from time to time); (c) to upgrade or amend the Services, including releasing new versions of the websites on certain devices or otherwise amending or making modifications to existing features and functionality; (d) to alter the structure, design, or layout of the Services, including changing the name of or re-branding the Services, or amending, improving, and/or expanding the features and functionalities available; and (e) for security reasons.

For UK and EU-based users: If we make any changes to the Services which we reasonably consider will materially negatively impact your access to or use of the Services, we will give you reasonable notice of the changes. If you do not terminate your contract with us before these changes take place, we will take that as your acceptance of the changes.

22.3 Updates: We may make updates to keep the Services in conformity with applicable consumer laws. If automatic updates are switched on in your settings, we will automatically update the Services. You can change your settings at any time if you prefer to no longer receive automatic updates.

To get the best experience and to ensure the Services operate correctly, we recommend that you accept any updates to the Services that we inform you about as and when they become available. This may also require you to update your device operating system. As and when new operating systems and devices are released, we may over time stop supporting older versions. If you choose not to download or install any updates, the Services may no longer be available, supported, or have previous functionality.

We are not responsible for your failure to download or install any update or the most recent published version of the Services in order to benefit from new or improved features and/or functionality and/or meet compatibility requirements where we have informed you about the update, explained the consequences of failing to install it, and provided installation instructions. Any changes to the Service not in accordance with this “Updates” provision will be subject to the “Modifications” section above.

22.4 Termination: Invibz may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent unauthorized access, loss of, or destruction of data or where Invibz considers in its sole discretion (or in its reasonable discretion for consumers resident in the UK or EU) that you are in breach of any provision of this Agreement or of any law or regulation and where Invibz decides to discontinue providing any aspect of the Services.

Invibz may terminate this Agreement with you at any time, without advanced notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of Invibz and/or other users of the Services. That means that we may stop providing you with Services.

General Provisions

23.1 You agree that no joint venture, agency, partnership, or employment relationship exists between you and any of the Invibz Group Companies as a result of these Terms of Use or use of the Services.

23.2 Invibz’s performance of these Terms of Use is subject to existing laws and legal processes, and nothing contained in these Terms of Use limits Invibz’s right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by Invibz with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived.

23.3 If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions in these Terms of Use shall continue in effect.

23.4 These Terms of Use (and any other terms and conditions referenced herein) constitute the entire agreement between you and Invibz with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Invibz with respect to the Services. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

23.5 Any rights not expressly granted herein are reserved.

Jurisdiction and Governing Law

24.1 The Services are provided by a Canadian entity and these Terms of Use are governed by the laws of the province of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue of courts in Ontario, Canada, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Services. You agree that all claims you may have against Invibz arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in Ontario, Canada.

24.2 Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires the application of another law and/or jurisdiction and this cannot be excluded by contract.

Right to Use and Distribute Vendor’s Social Posts

By creating an account with Invibz, you are granting Invibz the right to use, reproduce, distribute, and display any social media posts or other content you create or share related to your experiences with Invibz. This right includes but is not limited to sharing your posts on Invibz’s website, social media platforms, and in other marketing materials. By granting this permission, you are allowing Invibz to highlight your unique experiences and showcase the real-life enjoyment of our services. Your content helps other potential customers understand the value and excitement of using Invibz for their travel needs. Additionally, existing posts on your social media may be utilized by Invibz to increase your bookings on our website and on our social media accounts, leveraging your authentic experiences to attract more customers.

When you share your experiences on social media, you provide a genuine and relatable perspective that can inspire others to explore similar adventures. Invibz values this authentic content and aims to amplify it through our promotional efforts. This can include featuring your posts in our newsletters, on our blog, or in targeted advertising campaigns. Your shared moments become an integral part of Invibz’s storytelling, illustrating the diverse and vibrant experiences that our platform facilitates. Furthermore, existing posts on your social media may be utilized by Invibz to increase your bookings on our website and on our social media accounts, leveraging your authentic experiences to attract more customers.

You confirm that you have the necessary rights to grant this permission, ensuring that any content you share does not infringe on the rights of any third party. This means that any photos, videos, or written content you create and share must be your original work or you must have obtained the necessary permissions to share it. This protects both you and Invibz from potential legal issues related to copyright or intellectual property infringement. We trust that our users understand the importance of respecting these legal boundaries.

Additionally, Invibz commits to using your content respectfully and responsibly. We understand that your posts are personal and reflect your individual experiences. As such, we will always strive to present them in a positive and accurate light. If you have any specific requests or restrictions regarding how your content is used, we encourage you to communicate these to us. We value our users’ input and aim to foster a collaborative relationship where your contributions are appreciated and acknowledged.

In summary, by creating an account with Invibz, you are contributing to a dynamic and engaging community of travelers. Your social media posts and content help to enrich the Invibz experience for everyone, providing real-world examples of the adventures and memories made possible through our platform. We are excited to share your stories and thank you for allowing us to use your content to inspire and inform others. Your participation is key to helping Invibz grow and connect more people with unforgettable travel experiences.

Welcome to InVibz Ltd. These Terms of Service (“Terms”) govern your use of our website, mobile applications, and services (collectively, the “Platform”). By accessing or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of the Platform after the posting of revised Terms constitutes your acceptance of such changes.

Privacy Policy: Information Collection

We collect various types of information in connection with the services we provide, including:

Information You Provide: When you create an account, book a service, or communicate with us, you provide personal information such as your name, email address, phone number, payment information, and other details.
Information We Collect Automatically: We automatically collect information about your interactions with our Platform, including IP addresses, browser type, operating system, referring URLs, page views, and device information.
Information from Third Parties: We may receive information about you from third-party sources, such as social media platforms, payment processors, and partners who assist us in providing services.

1. Use of the Platform

1.1 Eligibility You must be at least 18 years old to use our Platform. By using our Platform, you represent and warrant that you are of legal age to form a binding contract and meet all the eligibility requirements.

1.2 Account Registration To access certain features of the Platform, you may need to register for an 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. InVibz reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

1.3 Account Security You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify InVibz of any unauthorized use of your account or any other breach of security. InVibz will not be liable for any loss or damage arising from your failure to comply with this requirement.

2. Services Offered

2.1 Description of Services InVibz provides a platform that connects travelers with local tour providers. We offer various travel-related services, including booking tours and activities through third-party providers. All tours and activities are provided by independent third parties who are solely responsible for the services they provide.

2.2 User Responsibilities As a user of our Platform, you agree to use the services responsibly and comply with all applicable laws and regulations. You are responsible for all activities that occur under your account and for any transactions made using your account.

2.3 Third-Party Providers InVibz acts as an intermediary between you and the third-party providers. We do not control the quality, safety, or legality of the services offered by third-party providers. You acknowledge and agree that InVibz is not responsible for the actions or omissions of any third-party providers.

3. User Conduct

3.1 Prohibited Activities You agree not to engage in any of the following prohibited activities:

Violating any local, state, national, or international law or regulation.
Infringing the rights of any third party, including intellectual property rights and privacy rights.
Using the Platform for any fraudulent or malicious purposes.
Distributing viruses or any other technologies that may harm InVibz or the interests or property of users.
Engaging in any activity that interferes with or disrupts the Platform.

3.2 User Content You may have the opportunity to post, upload, or otherwise contribute content to the Platform (“User Content”). You retain ownership of your User Content, but by posting it on the Platform, you grant InVibz a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Platform and InVibz’s business.

3.3 Review and Feedback InVibz welcomes your feedback and suggestions about the Platform. By submitting feedback, you grant InVibz the right to use such feedback without any restriction or compensation to you. InVibz does not waive any rights to use similar or related ideas previously known to InVibz, developed by its employees, or obtained from other sources.

4. Booking and Payments

4.1 Booking Process To book a tour or activity through our Platform, you must provide certain information and follow the booking process described on the Platform. All bookings are subject to availability and confirmation by the third-party provider.

4.2 Payment Terms You agree to pay all fees and charges associated with your booking, including any applicable taxes. Payments are processed through our third-party payment processors, and by making a payment, you agree to their terms and conditions.

4.3 Cancellations and Refunds Cancellation and refund policies vary depending on the third-party provider. It is your responsibility to review and understand the cancellation and refund policies before making a booking. InVibz is not responsible for any refunds or cancellations.

5. Liability and Disclaimers

5.1 Disclaimer of Warranties The Platform and all content and services provided through it are provided “as is” and “as available” without any warranties of any kind. InVibz disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.2 Limitation of Liability To the fullest extent permitted by law, InVibz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content.

5.3 Indemnification You agree to indemnify, defend, and hold harmless InVibz, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to or use of the Platform; (ii) your violation of these Terms; or (iii) your infringement of any third-party rights, including intellectual property rights.

6. Intellectual Property

6.1 Ownership of Content All content, trademarks, service marks, logos, and other intellectual property used on the Platform are the property of InVibz or its licensors. You may not use, reproduce, modify, or distribute any content from the Platform without the express written permission of InVibz.

6.2 User Content License By posting User Content on the Platform, you grant InVibz a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Platform and InVibz’s business.

6.3 Trademarks The trademarks, logos, and service marks displayed on the Platform are the property of InVibz or its licensors. You are not permitted to use these trademarks without the prior written consent of InVibz or the respective licensors.

7. Privacy

7.1 Link to Privacy Policy Your use of the Platform is also governed by our Privacy Policy. By using the Platform, you consent to the practices described in the Privacy Policy.

7.2 Data Protection We take the protection of your personal data seriously and will only use your personal information in accordance with our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

8. Miscellaneous

8.1 Termination InVibz may terminate or suspend your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease.

8.2 Severability If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

8.3 Entire Agreement These Terms, together with the Privacy Policy, constitute the entire agreement between you and InVibz regarding the use of the Platform and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter.

This outline and these initial sections can be expanded upon significantly to reach your target length. Each section can include more detailed explanations, specific examples, and comprehensive terms to ensure clarity and thoroughness. For a document as lengthy and detailed as you require, consulting with a legal professional is also highly recommended to ensure compliance with all relevant laws and regulations.

9. Dispute Resolution

9.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law principles.

9.2 Arbitration Agreement Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [City, State/Country] before [Arbitration Organization/Individual Arbitrator], pursuant to the applicable rules and procedures established by such arbitration organization or individual arbitrator.

9.3 Class Action Waiver You agree that any arbitration or legal proceedings shall be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in any class action or representative proceeding.

10. Miscellaneous

10.1 Notices All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given if delivered personally, sent by certified or registered mail, or sent by reputable overnight courier to the address specified herein or such other address as either party may specify in writing.

10.2 Force Majeure InVibz shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond InVibz’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

10.3 Waiver The failure of InVibz to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision unless acknowledged and agreed to by InVibz in writing.

10.4 Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by InVibz without restriction.

12. User Conduct and Responsibilities

12.1 Acceptable Use You agree to use the Platform in compliance with all applicable laws, regulations, and these Terms. You shall not engage in any conduct that:

Violates any third-party rights, including intellectual property rights.
Is unlawful, defamatory, obscene, abusive, offensive, discriminatory, or otherwise objectionable.
Interferes with or disrupts the operation of the Platform or any networks connected to the Platform.
Attempts to gain unauthorized access to the Platform or any user accounts.

12.2 Content Standards You are solely responsible for any content you submit, post, or display on the Platform (“User Content”). You agree that your User Content will not:

Infringe upon any third-party intellectual property rights.
Contain false or misleading information.
Violate any privacy or data protection laws.
Promote illegal activities or substances.

12.3 Prohibited Activities You agree not to:

Use the Platform for any commercial purpose without our prior written consent.
Use any automated means, such as robots or spiders, to access or scrape the Platform.
Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
Attempt to bypass any security features or access restrictions of the Platform.

13. Intellectual Property

13.1 Ownership All content and materials available on the Platform, including text, graphics, logos, images, and software, are the property of InVibz or its licensors and are protected by intellectual property laws.

13.2 License Subject to your compliance with these Terms, InVibz grants you a limited, non-exclusive, non-transferable license to access and use the Platform for your personal, non-commercial use. This license does not permit any resale or commercial use of the Platform or its contents.

13.3 Trademarks The trademarks, service marks, and logos displayed on the Platform are registered and unregistered trademarks of InVibz and its licensors. You may not use these trademarks without the prior written consent of InVibz or the respective trademark owner.

14. Privacy Policy

14.1 Collection of Information Your use of the Platform is governed by our Privacy Policy, which describes how we collect, use, and disclose your information. By using the Platform, you consent to the practices described in the Privacy Policy.

14.2 Cookies and Tracking Technologies We may use cookies and other tracking technologies to enhance your user experience and collect information about how you interact with the Platform. You can control cookies through your browser settings and other tools.

14.3 Third-Party Links The Platform may contain links to third-party websites or services that are not owned or controlled by InVibz. We are not responsible for the content or privacy practices of such third-party sites.

15. Limitation of Liability

15.1 Disclaimer of Warranties The Platform is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. InVibz disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15.2 Limitation of Liability To the fullest extent permitted by law, InVibz shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Platform or any third-party services accessed through the Platform.

16. Termination

16.1 Termination by InVibz InVibz reserves the right to suspend or terminate your access to the Platform at any time, without notice or liability, for any reason, including if you violate these Terms or engage in conduct that InVibz believes is harmful to the Platform or its users.

16.2 Effect of Termination Upon termination of your access to the Platform, all licenses and rights granted to you under these Terms will immediately terminate. Sections such as Intellectual Property, Limitation of Liability, Indemnification, and any other provisions which by their nature should survive termination shall survive any termination or expiration of these Terms.

Invibz Payment Fee Structure and Terms

Transparent Pricing for Simplified Transactions
At Invibz, we prioritize fairness and transparency in all transactions. Our payment platform is designed to meet the diverse needs of activity providers and customers, ensuring smooth operations while maximizing profitability.

By using Invibz, you gain access to a robust payment system that supports secure, real-time transactions for both in-person and online sales.

Payment Fee Breakdown

1. In-Person (Tap, Swipe, or Insert) Transactions

Transaction Fee: 8%
Applicable Methods:
- Physical card payments using tap, swipe, or chip insert.
- Digital wallet payments made via phones or watches (e.g., Apple Pay, Google Pay).
Key Benefits:
- Faster checkouts with tap-to-pay technology.
- Real-time authorization ensures seamless processing.
This fee is inclusive of all payment processing costs.

2. Remote and Online Transactions

Base Fee: 3.3% + $0.30 per transaction.
Additional Service Fee: 15% of the transaction amount (applies to all transactions not conducted in person).
Applicable Scenarios:
- Payments made through links shared with customers.
- Manually entered card payments (e.g., over the phone or from virtual terminals).
- Online bookings or purchases via the Invibz platform.
Rationale for Higher Fees:
- Remote transactions carry higher risks (e.g., fraud) and incur additional administrative and security costs.

Key Features of Invibz Payment Platform

Invibz provides a comprehensive payment solution to support your business needs:

Fraud Protection and Compliance:
- Transactions are safeguarded with industry-standard fraud prevention and PCI compliance.
Secure Encryption:
- End-to-end encryption ensures customer payment data is always protected.
Detailed Reporting Tools:
- Access downloadable monthly fee breakdowns and individual transaction histories.
Next-Day Fund Transfers:
- Receive funds in your linked bank account by the next business day for uninterrupted cash flow.
Global Payment Options:
- Accept payments from all major international card networks.

No-Fee Payment Methods

For transactions completed using cash or check, Invibz does not apply any fees.

How Payment Fees Are Processed

All fees (including processing and service fees) are deducted from the total transaction amount before the remaining funds are transferred to your linked account.
The breakdown of each transaction, including fees, taxes, and tips (if applicable), is viewable in your Invibz Provider Dashboard.

How to Access Your Fee Reports

Invibz makes it easy for activity providers to track their earnings and transaction costs:

Log In to Your Dashboard: Visit [Provider Dashboard URL].
Navigate to ‘Finances’ Section: View your transaction history and fee summaries.
Download Reports: Generate monthly, weekly, or custom reports for your records.

Available Data Includes:

Transaction dates and amounts.
Fee breakdowns (processing, service, and other applicable charges).
Net payouts to your linked account.

Frequently Asked Questions (FAQs)

1. Why is the fee for online payments higher than in-person transactions?
Online payments require additional security measures, such as fraud detection tools and card authentication processes, which result in higher costs.

2. Are fees refundable if a transaction is reversed?
No, fees are non-refundable, even if a transaction is refunded or reversed.

3. Can I charge customers to cover the fees?
Yes, providers can choose to add a convenience fee to cover transaction costs. Make sure to disclose this to your customers upfront to ensure transparency.

4. Do these fees include taxes?
Yes, fees are inclusive of applicable taxes.

5. How are fees for tips calculated?
Fees are applied to the total transaction amount, including any tips added by the customer.

Referral Program

Earn rewards when you refer other businesses to Invibz:

For every successful referral, you receive discounts on your fees or cashback credits.
Referrals can include activity providers, local vendors, or other business partners.

For more information, visit the Referral Program section in your dashboard or contact our support team.

Support and Contact Information

If you have any questions or need assistance:

Email: [email protected]
Phone: +[Insert Number]
Chat: Available in your provider dashboard.
Help Center: Access FAQs and guides at [Insert Help Center URL].

Empower Your Business with Invibz
Thank you for choosing Invibz! Our mission is to connect providers with travelers worldwide while simplifying payment processes and enhancing local experiences.

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