Terms Of Service
Retreat Guru & Retreat Booking Guru
Terms of Service
These Terms of Service constitute an agreement (this 'Agreement') by and between Retreat Guru Enterprises Inc., ('Provider') and each customer of Provider's online Retreat Booking Guru™ service ('Recipient').
(a) 'Account' refers to the Service plans and features selected by Recipient through Provider's customer portal at the time of enrollment and accepted by Provider, as such plans and features may change by mutual consent of the parties, as recorded by Provider through such portal.
(b) 'AUP' refers to Provider's acceptable use policy, posted at http://retreat.guru/terms-privacy#aup, as such policy may change from time to time.
(c) 'Authorized Representative' refers to any employee authorized by Retreat Guru Enterprises Inc. to sign on it's behalf.
(d) 'Data Policy' refers to Provider's standard data deletion policy, posted at http://retreat.guru/terms-privacy#data, as such policy may change from time to time.
(e) 'Effective Date' refers to the date of commencement of the Service as listed in Recipient's Account.
(f) 'Materials' refers to written and graphical content provided by or through the Service, including, without limitation, text, photographs, illustrations, and designs, whether provided by Provider, another customer of the Service, or any other third party.
(g) 'Recipient Data' refers to data in electronic form input or collected through the Service by or from Recipient.
(i) 'Service' refers to Provider's Retreat Booking Guru™ service & Retreat Guru service. The Service includes such features as are set forth on Provider's website (http://retreat.guru/booking). Provider may change such features from time to time, in its sole discretion.
2. Service & Payment.
(a) Service. Provider will provide the Service to Recipient pursuant to its standard policies and procedures then in effect.
(b) Payment. Recipient will pay Provider such monthly Service fees as are required in Recipient's Account, due on the day before the start of the Service.
3. Materials, Software, & IP.
(a) Materials. Recipient recognizes and agrees that: (i) the Materials are the property of Provider or its licensors and are protected by copyright, trademark, and other intellectual property laws; and (ii) Recipient does not acquire any right, title, or interest in or to the Materials except the limited and temporary right to use them as necessary for Recipient's use of the Service.
(b) IP in General. Provider retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant Recipient any intellectual property rights in or to the Service or any of its components.
4. Online Policies.
(a) AUP. Recipient will to comply with the AUP. In the event of Recipient's material breach of the AUP, including without limitation any copyright infringement, Provider may suspend or terminate Recipient's access to the Service, in addition to such other remedies as Provider may have at law or pursuant to this Agreement. Neither this Agreement nor the AUP requires that Provider take any action against Recipient or any other customer for violating the AUP, but Provider is free to take any such action it sees fit.
5. Each Party's Warranties.
(a) Recipient's Identity. Recipient warrants: (i) that it has accurately identified itself through its Account and will maintain the accuracy of such identification; and (ii) that it is a corporation or other business entity authorized to do business pursuant to applicable law or an individual 18 years or older.
(b) Right to Do Business. Each party warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
(c) Disclaimers. Except for the express warranties specified in this section 4, THE SERVICE IS PROVIDED 'AS IS' AND AS AVAILABLE, AND PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, (i) PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RECIPIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; and (ii) Provider does not warrant that the Service will perform without error or immaterial interruption.
6. Limitation of Liability.
IN NO EVENT: (a) WILL PROVIDER'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED $100; AND (b) WILL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION 7 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF RECIPIENT'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 7, Provider's liability will be limited to the maximum extent permissible.
7. Data Management.
(a) Access, Use, & Legal Compulsion. Unless it receives Recipient's prior written consent, Provider: (i) will not access or use Recipient Data other than as necessary to facilitate the Service; and (ii) will not give any third party access to Recipient Data. Notwithstanding the foregoing, Provider may disclose Recipient Data as required by applicable law or by proper legal or governmental authority. Provider will give Recipient prompt notice of any such legal or governmental demand and reasonably cooperate with Recipient in any effort to seek a protective order or otherwise to contest such required disclosure, at Recipient's expense.
(b) Recipient's Rights. Recipient possesses and retains all right, title, and interest in and to Recipient Data, and Provider's use and possession thereof is solely as Recipient's agent.
(c) Retention & Deletion. Provider will retain all Recipient Data until erased pursuant to the Data Policy.
(d) Injunction. Provider agrees that violation of the provisions of this Section 8 might cause Recipient irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Recipient will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.
(e) Should the recipient also use other retreat guru products and services e.g. Retreat Guru listing or be a member of the partnership program, please also refer to the terms and service for Retreat Guru
8. Term & Termination.
(a) Term. This Agreement will continue for 1 month following the Effective Date (a 'Term'). Thereafter, this Agreement will renew for subsequent terms ('Terms') of 1 month, unless either party notifies the other of its intent not to renew 30 or more days before the beginning of the next Term.
(b) Termination for Cause. Either party may terminate this Agreement for material breach by written notice, effective in 1 month, unless the other party first cures such breach.
(c) Effects of Termination. The following provisions will survive termination of this Agreement: (i) any obligation of Recipient to pay for Service rendered before termination; (ii) Sections 4, 5(b), 6(c), and 7 of this Agreement; and (iii) any other provision of this Agreement that must survive termination to fulfill its essential purpose.
9 . Location of Sale and Canadian Tax implications
(a) At point of sale Provider will verify Recipient address and cross reference that with the location of the Recipient or we will verify Recipient address by using the Recipient IP address (geo-tagging)
(b) Recipient shall not use the software or service in any Geographical region other than that of the Recipient as defined by the Recipient's Sales Tax region.
(c) To access or use the Services, you must be able to form a binding contract with the Provider and you must not be prohibited from receiving the Services under Canadian law or any other applicable laws..... and restriction to use the Services in violation of any U.S. or international law or regulation.
(d) For Canadian companies operating in Canada, you have the ability to operate in CAD, please contact us to make your currency change to CAD.
(a) Notices. Provider may send notices pursuant to this Agreement to Recipient's contact points listed in Recipient's Account, and such notices will be deemed received 7 days after they are sent. Recipient may send notices pursuant to this Agreement to the Provider, and such notices will be deemed received 7 days after they are sent.
(c) Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other and neither may bind the other in any way.
(d) No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than (i) by an Authorized Representative and (ii) in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any prior or subsequent breach of this Agreement.
(e) Force Majeure. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
(f) Assignment & Successors. Neither party may assign this Agreement or any of its rights or obligations hereunder without the other's express written consent, except that either party may assign this Agreement to the surviving party in a merger of that party into another entity. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
(g) Choice of Law & Jurisdiction. This Agreement will be governed solely by the internal laws of the Province of British Columbia, without reference to such Province's principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and provincial courts of British Columbia, Canada.
(h) Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
(k) Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Retreat Guru may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
- To inform marketing campaigns. Including, but not limited to google advertising & social media marketing
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Acceptable Use Policy
Provider requires that all customers and other users of Provider's Internet service (the 'Service') conduct themselves with respect for others. In particular, please observe the following rules in your use of the Service:
Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder's written permission. Do not cooperate in or facilitate identity theft.
Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
Spam: Do not send bulk unsolicited e-mails ( 'Spam') or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CASL act.
Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
Violations of Law: Do not violate any law.
Consequences of Violation
Violation of this Acceptable Use Policy (this 'AUP') may lead to suspension or termination of the user's account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. Provider reserves the right to take any other remedial action it sees fit.
Reporting Unacceptable Use
Provider requests that anyone with information about a violation of this AUP report it via an e-mail to the following address: info@retreat .guru. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (internet protocol) address if available, as well as details of the violation.
Revision of AUP
Provider may change this AUP at any time by posting a new version on this page and sending the user written notice thereof. The new version will become effective on the date of such notice.
Data Management and Security Policy
Access, Use, & Legal Compulsion.
Unless it receives Recipient’s prior written consent, Provider: (i) will not access or use data in electronic form collected through the Services from Recipient’s customers or other third parties, or collected or accessible directly from Recipient, (collectively, “Project Data”) other than as necessary to facilitate the Services, which includes but is not limited to Retreat Guru marketing activities & data analytics; and (ii) will not give any third party access to Project Data. Notwithstanding the foregoing, Provider may disclose Project Data as required by applicable law or by proper legal or governmental authority. Provider will give Recipient prompt notice of any such legal or governmental demand and reasonably cooperate with Recipient in any effort to seek a protective order or otherwise to contest such required disclosure, at Recipient’s expense.
Retention & Deletion.
Provider will retain any Project Data in its possession until Erased (as defined below). Provider will Erase: (i) all copies of Project Data after collection thereof; (ii) any or all copies of Project Data promptly after Recipient’s written request; and (iii) all copies of Project Data no sooner than 30 business days after termination of this Agreement and no later than 90 business days after such termination. Notwithstanding the foregoing, Recipient may at any time instruct Provider to retain and not to Erase or otherwise delete Project Data, provided Recipient may not require retention of Project Data for more than 30 business days after termination of this Agreement. Promptly after Erasure pursuant to this Subsection (c), Provider will certify such Erasure in writing to Recipient. (“Erase” and “Erasure” refer to the destruction of data so that no copy of the data remains or can be accessed or restored in any way.)
Compliance with Law & Policy.
Provider will comply with all applicable federal and provincial laws and regulations governing the handling of Project Data.
Provider will promptly notify Recipient of any actual or potential exposure or misappropriation of Project Data (any “Leak”) that comes to Provider’s attention. Provider will cooperate with Recipient and with law enforcement authorities in investigating any such Leak, at Provider’s expense.
Provider agrees that violation of the provisions of this Section might cause Recipient irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Recipient will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.
Payout Policy - Retreat Booking Guru clients
With your Retreat Booking Guru software account, you have a choice of payment processors.
We integrate with: Authorize.net, PayPal, Braintree, Stripe, Evo, and more. These integrations are direct which means that the credit cards are charged through your payment processor, and the funds will be available to you immediately.
We also offer payment processing directly through Retreat Guru. Below is information about our payout policy for those who want to use Retreat Guru as a payment processor. Please contact us for info on rates as they vary by country.
Our international payouts are simple:
- For each registration we payout 50% of funds received.
- We payout the remaining 50% after the retreat begins.
- We send you money two times per month: the 5th and the 20th.
Now the fine print:
- Payouts over $3000 are free of any sender fee.
- For payouts under $3000 you pay the sender fee of $30, or you can wait until your balance is over $3000 - up to you.
- If you just can’t wait until the 5th or the 20th of the month, you can request a payout any time; the fee is $50.
- Your bank will likely charge you a fee to accept the wire transfer. Fees range from $5 - $35 depending on your bank.
Retreat.Guru Terms of Service (includes Partner Program sign ups prior to 15th October 2018)
The Retreat Guru marketplace website is operated by Retreat Guru Enterprises. Throughout the site, the terms “we”, “us” and “our” refer to the Retreat Guru marketplace platform. Retreat Guru offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE MARKETPLACE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any computer worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Cancellation Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries, photos) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - DATA MANAGEMENT & SECURITY
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Retreat Guru, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Retreat Guru and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - PAYMENTS AND PAYOUTS
Bookings through our platform
Our commission is kept from the deposit and the remaining balance is paid directly to you.
Once someone books a retreat, we pay out 50% of the balance on the next payout date and the remaining 50% on the next payout date after the retreat start date. If the date falls on a weekend, we'll pay you on the next business day. We do payouts twice a month on the 5th and the 20th.
We find this is the best way to ensure a fair and honest transaction for both sides.
We will default to paying retreat hosts in US Dollars (USD). Payments received from various currencies are converted at the time of booking to USD at the exchange rate at the time of booking. We will then default to paying out in USD from that converted amount.
There may be situations in which we pay out USD. This can then be converted to a retreat host’s local currency, but this is at our discretion. We are not responsible in any way for fluctuations in currency exchanges, nor are they set by us.
Retreat Guru takes a 14% commission on the total price of the retreat for all retreat listings, unless we have a separate agreement with you the Retreat Provider for a different amount. If a user books through us, the retreat host will cover the payout fee when we send the money over. Retreat Guru has the discretion to change the methods of money transfer at any time. We will do our best in finding the most efficient way of sending money.
Bookings directly through you (if you process your own payments)
If the customer came through our site and then paid you directly, we expect you to share the booking details with us immediately, as part of the honour system we operate.
Once we receive the details from you, we add them to our system and send you an invoice for our 14% commission immediately. The invoice is to be paid at your earliest convenience, within reason. Our standard payment terms are 14 days net.
Outside of the honor system, we track and monitor inquiries. We’ll reach out once a month to see who booked.
If we find out that a retreat host is trying to hide a booking from us, we will, unfortunately, have to ban them from our site.
We work hard to bring customers to all of our retreat hosts, so hiding a booking constitutes a real breach in trust for us. We believe we are all connected in a broader ecosystem of helping the world wake up through the power of retreat, so please honour the work that we do!
SECTION 20 - LOWEST PRICE GUARANTEE
If a retreat host lists a retreat on Retreat Guru, they are not allowed to list it for a lower price elsewhere. By listing a retreat here, retreat hosts are stating and agree that this is the lowest price they offer on the retreat. Why do we have this clause?
Because we work extremely hard here at Retreat Guru to help bring you customers.
Listing a retreat on our site, and then selling it for a lower price elsewhere impedes our ability to provide this service to you. It undermines the trust our visitors place in us and you.
We’re here as a family, and part of being a family is recognizing the contributions of every member. We wouldn’t be here without you. We’re here to help your business thrive.
Let’s work together on this as a team, because we’re all here for the same purpose: to help make the world a better place.
SECTION 21 - INTERNATIONAL TRAVEL
You have the responsibility for the following: you meet all requirements of foreign entry, and your necessary documents for travel (passports, visa, and others) are valid and organized for foreign entry. Retreat Guru does not have unique understanding or knowledge of your necessary documents for travel, or the foreign entry requirements. We encourage you to check any prohibitions on travel, different warnings, general announcements, and advisories that the government of your travel destination has issued. We encourage you to check this before booking your retreat and itinerary.
Visas and Passports: For this information you should contact the respective Embassy or Consulate for your travels. Change in requirements happen and you should always double check to make sure all your information is current before booking your retreat and leaving on your flight. We accept no liability in the event the airline or airport refused to grant you entry onto the flight, or if you are not allowed into a country due to a lack of proper requirements such as a passport, visa, or other documents that might be required for travel. This also applies for countries which may not be your final destination, but just stop-gaps. This includes any situation in which an aircraft stops, even if you stay in the plane or airport.
Health: You must consult with your doctor for the necessary and encouraged inoculations for your travel. Do this before you depart. You have responsibility for the following: taking any and all recommended medications, receiving the required inoculations, meeting entry requirements for health, and following medical advice given for your travel.
Retreat Guru offers retreats and other products in other countries, but this does not represent or warrant that travel to these areas is either risk-free or even advised. Retreat Guru is not liable for any losses or damages that may occur or result from traveling to these locations.
Retreat Guru advises that after a booking a retreat through the Retreat Guru platform, you should wait for a confirmation directly from the Retreat provider before booking any flights or other travel. This includes but is not limited to providing the retreat provider with any medical or health information they may require from you before confirming your space on a Retreat.
SECTION 22- PHOTO SUBMISSION GUIDELINES
If you submit any photos they must be:
On an appropriate topic: All your photos must be relevant to your retreat, location, surrounding area, housing and accommodation, or other closely relevant topics.
Friendly to families and the overall community:
No photos should be submitted that are: not legal, vulgar, pornographic, obscene, or offensive/insulting.
No photos should be submitted that: are an invasion of privacy of another person or entity, or violate any personal rights.
No photos or information should be submitted that are: of children or any third parties without receiving prior consent. If a child is under 13 their parent can give consent.
You must be above 13 to submit photos or other submissions to our site.
Original photos: Only photos that you own or own the proper rights to can be submitted. No other photos are allowed to be submitted. Submitting photos from other sources is not allowed. No photos should be submitted that infringe upon any trademark, copyright, or any other right of a third party.
Non-commercial: No photos should be submitted that include any content that’s intended for a commercial purpose. This includes logos, promotional photos, and branding material.
No harmful files No photos should be submitted that: are intended or result in damage to computers, servers, or any property of Retreat Guru or anyone using Retreat Guru. Viruses and any harmful code being submitted is strictly prohibited.
SECTION 23 - NOTICE OF INFRINGING MATERIAL
If it is your belief, and this belief is held in good faith that certain materials hosted by Retreat Guru infringe your copyright, you can send us a written notice including the information below. You must know that we will not process any complaints that are incomplete or improperly filled out. You may be exposed to liability for damages if you have misrepresentations in your notice about whether certain content or activity is infringing.
You must show the copyrighted work you are claiming was infringed. You must show clear identification.
You must show the material on the website with a clear identification, such as a link to the infringing material in question.
You must include a statement that you clearly have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
You must include a statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
You must include your telephone number, your full address, and your email address.
You must include a signature from the owner of an exclusive right that is allegedly infringed, or the person who is authorized to act on the behalf of the owner of the exclusive right that is allegedly infringed.
You can send your notice to us via email by using the contact information on our Contact page.
SECTION 24 - REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
We love hearing from you.
Be aware of this: by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Retreat Guru and the affiliated, co-branded and/or linked website partners through whom we provide service, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that the Retreat Guru may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
You acknowledge that Retreat Guru may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
Every now and then we may offer our customers certain incentives to leave reviews for retreats, centers or teachers. These can be credits, coupons, contest entries or others. We are in support of impartial, fair, and honest reviews, so the previously mentioned incentives are made available to customers no matter the rating they end up giving.
We require that all reviews listed on the site comply with our posting policy. We reserve the right to not publish any reviews which do not comply.
SECTION 25 - CANCELLATION POLICY
We define 3 levels of standard cancellation policies that apply to all retreats purchased on our site:
100% deposit refund for cancellation 30+ days before an event. 50% deposit refund for cancellation 15-29 days before an event. 0% deposit refund for cancellation 0-14 days before event. The remaining balance (total price minus deposit) is due upon arrival.
100% deposit refund for cancellation 60+ days before an event. 50% deposit refund for cancellation 30-59 days before event. 0% deposit refund for cancellation 0-29 days before event. The remaining balance (total price minus deposit) is due upon arrival.
All deposits are non-refundable. The remaining balance (total price minus deposit) is due upon arrival. The remaining balance is non-refundable once paid.
In the event that a retreat host cancels an event, we require that they reimburse the Retreat Participant in full within 14 days of the cancellation notification. Non compliance with this may result in the retreat host being banned from the platform.
Last updated February 15th 2019