By using or accessing any websites, applications and other offerings owned, operated or maintained by or on behalf of Epicurate, Inc.  on which these Terms of Service are posted via a link or otherwise (collectively, and including any cached versions, the “Epicurate Platform” or the “Platform”), you acknowledge and agree to be bound by the following Terms of Service, as well as our Privacy Policy, which is displayed at https://epicurate.vip/site/privacy, as updated from time to time, which is incorporated by reference. (These Terms of Service, together with the Privacy Policy, are referred to as the “Terms“).

For purposes of these Terms, “you” refers to you, as a Provider, using or accessing the Platform to publish, offer or book Provider Services for Clients, including your employees and agents and anyone else acting on your behalf, and “your” has a correlative meaning. When used in these Terms, “we," “us," and “our" refer to Epicurate, Inc., including its affiliates, officers, directors, consultants, agents and/or employees, as the context requires.

You should read these Terms carefully and completely, as they constitute a legally binding agreement between you and Epicurate and contain important information, including information about limitations of liability and resolution of disputes through arbitration rather than litigation.

If you do not agree to be bound by these Terms, you are not authorized to access or otherwise use the Epicurate Platform. Under these Terms, “use“ of or “access“ to the Epicurate Platform specifically includes any direct or indirect access to or use of the Platform and any direct or indirect access or use of any information or content on the Platform, however obtained. In addition, you are not authorized to use the Epicurate Platform unless you are at least 18 years old and have the capacity to enter into binding contracts. We do not knowingly collect the information of anyone under the age of 18.

If you arrived on the Epicurate Platform after having been re-directed there by clicking on another website or otherwise, you agree to be bound by these Terms in accessing and using the Platform.

There are three types of users (”Members”) of the Epicurate Platform, as follows:

As someone who publishes, offers and sells services, you are a “Provider”. Providers offer and sell activities, excursions and events (“Experiencesˮ) and a variety of other services (collectively, “Provider Services, ˮ and each Provider Service offering, a “Listingˮ). Members who search for, book or purchase services are called “Clientsˮ and Members who curate, publish or refer services offered by other Members are referred to as “Partners.ˮ

For clarification, although Epicurate provides and maintains the Epicurate Platform, Epicurate does not own, control, offer or manage any Listings or Provider Services. Epicurate is not a party to any of the contracts entered into directly between Providers and Clients or to contracts that may exist between or among Providers, Clients and Partners. Epicurate does not act as an agent for any purpose for any Member, except as specified herein with respect to any payments collected or made by us on behalf of Members by or through any payment method, platform or third-party provider of payment services (any such method, platform or third-party provider, “Epicurate Paymentsˮ).

As a Provider, Epicurate offers you the right to access and use the Epicurate Platform in accordance with these Terms to offer and sell your Experiences or other Provider Services to Clients. We are granting you a limited, revocable, non-exclusive non-transferable license in accordance with these Terms for those purposes. You are also permitted to engage in other activities permitted by these Terms or as we authorize in writing. Any other use of the Epicurate Platform is expressly prohibited.

When you accept a booking request or receive a booking confirmation through the Epicurate Platform, you are entering into a contract (a “Reservationˮ) directly with the Client and are responsible for delivering the Provider Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees, including any Epicurate service fee and applicable taxes for each booking. We will deduct amounts you owe from your payout unless we and you agree to a different arrangement. Any terms or conditions that you include in any supplemental agreement with Clients must be (i) consistent with these Terms and all of our other applicable terms and policies and the information provided in your Listing; (ii) in writing and state clearly that they are in addition to these Terms and any other terms and conditions to which the Client otherwise is required to agree; and (iii) prominently disclosed in your Listing description.

Your relationship with Epicurate is that of an independent contractor and not an employee, agent, joint venturer or partner of Epicurate, except that Epicurate acts as a payment collection agent as described in the Payments Terms. Epicurate does not direct or control your Provider Services and you acknowledge that you have complete discretion whether, when and how to provide Provider Services and at what price and on what terms to offer them.

The Epicurate Platform provides tools for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Provider Service, your price and other rules, standards, policies or requirements that apply to the Listing or Provider Service. You are responsible for your acts or omissions as well as for keeping your Listing information and content (like photos) up-to-date and accurate at all times. You may only maintain one Listing per Experience. You are responsible for obtaining appropriate insurance for your Provider Services and we suggest you carefully review policy terms and conditions including coverage details and exclusions. You must provide us with proof of insurance from time to time upon our request.

2.2 Responsibility for the Content of Your Listings and Other Content

As a Provider, you are solely responsible for the accuracy of all information appearing in your Listings and we specifically disclaim any and all liability arising from the alleged inaccuracy of any such information. You are solely responsible for keeping the information in your Listings up-to-date.

The Epicurate Platform may contain links to third-party websites, applications, services or resources (“Third-Party Servicesˮ) that are subject to different terms and privacy practices. Epicurate is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

You are responsible for becoming and staying aware of, understanding and complying with any laws, rules, regulations, statutes ordinances and contracts with third parties that apply to your use of the Epicurate Platform and your Listings and Provider Services and to the conduct of your business as it relates to your Listings and Provider Services, including any registrations, permits or licenses required before providing certain services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle) as well as laws, rules, regulations, statutes, ordinances and other requirements relating to taxes, credit cards, data and privacy and safety compliance. You are responsible for handling and using personal data of Clients and others in compliance with applicable privacy laws and these Terms, as well as seeking appropriate legal advice related to your responsibilities as necessary.

The ranking of Listings in search results on the Epicurate Platform depends on a variety of factors, including Client search parameters and Listing content and may include other factors such as ratings or Client or Provider history. We may allow Providers and Partners to promote Listings in search or elsewhere on the Epicurate Platform upon payment of an additional fee.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Provider Services. In addition, you are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Epicurate Platform except as expressly authorized by us in writing.

2.7 Providing Services as a Team or Organization.

If you work with a co-provider or provide services as part of a team, business or other organization, you are responsible and liable as a Provider under these Terms for the acts and omissions of each entity and individual who participates in providing your Provider Services and you are responsible for informing personnel engaged by you to deliver any Provider Services of your obligations under these Terms. If you accept terms of or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct us to transfer a portion of your payout to a co-host or another Provider or send payments to someone else, you must be authorized to do so and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

You acknowledge that acting as a Provider carries inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Epicurate Platform, offering Provider Services or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Epicurate Platform and any laws, rules, regulations, statutes, ordinances and contracts with third parties and obligations that may be applicable to your Listings or Provider Services and that you are not relying upon any statement of law made by Epicurate.

3. Cancellations, Reservation Issues and Booking Modifications

In general, if a Client cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. You should not cancel on a Client without a valid reason, as agreed with your Client and in accordance with applicable law. If you cancel without such a valid reason, we may impose a cancellation fee or take other action. If it is determined that you cancelled a Reservation without valid reason or are at fault for failure to perform the Provider Services, then the amount that you are paid will be reduced by the amount we refund or otherwise provide to the Client and by any other reasonable costs we incur as a result of the cancellation or failure to perform. If a Client receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Epicurate exceeds your payout, Epicurate (via Epicurate Payments) may recover that amount from you, including by deducting the refund against future payouts otherwise due to you. You agree that these Terms supersede the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Clients. If we reasonably expect to provide a refund to a Client under these policies, we may delay release of any payout for that Reservation until a refund decision is made.

Providers and Clients are responsible for any booking modifications they agree to make via the Epicurate Platform or direct Epicurate Customer Service to make on their behalf (“Booking Modificationsˮ) and for payment of any additional amounts, including fees or taxes, associated with the Booking Modification as they may agree.

As a Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable value added tax (“VAT” or “GST”) or other indirect taxes, occupancy taxes, tourist, income or other taxes (“Taxesˮ).

4.2 Collection and Remittance by Epicurate

If Epicurate facilitates the collection and/or remittance of Taxes on behalf of Providers, you instruct and authorize Epicurate to collect Taxes on your behalf and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Epicurate are identified to Members on their transaction records, as applicable. Epicurate may seek additional amounts from Members (including by deducting such amounts from future payouts to Providers) when the Taxes collected and/or remitted are insufficient to fully discharge that Member’s tax obligations and you agree that your sole remedy for Taxes collected by Epicurate is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes at any time, in any jurisdiction and for any reason.

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with such documentation as we determine to be necessary to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until such time, if any, as you provide the information we determine to be necessary. You agree that Epicurate may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Provider Services to facilitate accurate tax reporting.

After the conclusion of each Experience or other Provider Service, Clients and Providers may have an opportunity to review each other. If you provide a review, it must be accurate and may not contain any discriminatory, offensive, defamatory or other language that violates these Terms, applicable law or any of our other policies. In all events, you acknowledge and agree that reviews are not verified by Epicurate for accuracy and may be incorrect or misleading and that you will be responsible and liable for the content of any review that you provide.

Parts of the Epicurate Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Contentˮ). By providing Content, in whatever form and through whatever means, you grant Epicurate a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast and otherwise exploit, in any manner, such Content to provide and/or promote the Epicurate Platform, in any medium or platform, known or unknown to date and in particular on the Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws and our Privacy Policy. Where Epicurate pays for the creation of Content or facilitates its creation, Epicurate may own that Content, in which case supplemental terms or disclosures may say that. You are solely responsible for all Content that you provide. You represent and warrant that you own or otherwise control and have all necessary legal rights to your Content, including but not limited to all the rights necessary to provide, post, upload, input or submit such Content and to grant Epicurate the rights described in these Terms. We reserve the right to request proof of ownership or permission to grant us the license described above and to refuse to post Content without such proof or if such proof is, in our sole discretion, insufficient. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must not be discriminatory, obscene, harassing, deceptive, violent or illegal or otherwise violate these Terms or any of our other policies. We reserve the right to terminate any Provider that infringes the intellectual property rights of any third party or violates the limitations listed in the preceding sentence.

You agree that Epicurate may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. You acknowledge that Epicurate does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

Epicurate may charge fees (and applicable Taxes) to Providers, Partners and Clients for the right to use the Epicurate Platform. Any fees applicable to Clients are disclosed to each affected Client before making a booking. Except as otherwise provided on the Epicurate Platform, service fees are non-refundable. Epicurate reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. A Fee change will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this Agreement as set forth herein.

You must follow these rules and must not help or induce others to break or circumvent any of them.

Act with integrity and treat others with respect.

Do not lie, misrepresent something or someone or pretend to be someone else.

Be polite and respectful when you communicate or interact with others.

Do not attempt to evade enforcement of these Terms, such as by creating duplicate accounts or listings.

Do not discriminate against or harass others.

Do not scrape, compromise or impair the Epicurate Platform in any way.

Do not hack, avoid, remove or otherwise attempt to circumvent any security or technological measure used to protect the Epicurate Platform or Content.

Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Epicurate Platform.

Do not take any action that could damage or adversely affect the performance or proper functioning of the Epicurate Platform.

Only use the Epicurate Platform as authorized by these Terms or another agreement with us.

Only use Members’ personal information as necessary to facilitate a transaction using the Epicurate Platform as authorized by these Terms.

Protect Members’ personal information with the same degree of care with which you protect your own confidential information (and in all events with at least a reasonable degree of care).

Do not use the Epicurate Platform, our messaging tools or Membersʼ personal information to send commercial messages without their express prior written consent.

Use Content made available through the Epicurate Platform solely as necessary to enable your use of the Epicurate Platform.

Do not use Content unless you have permission from the Content owner or we authorize the use in these Terms or another agreement you have with us.

Do not request, make or accept a booking or any payment outside of the Epicurate Platform to avoid paying fees or taxes or for any other reason.

Do not require or encourage Clients to open an account, leave a review or otherwise interact with a third-party website, application or service before, during or after a Reservation, unless authorized by Epicurate.

Do not engage in any practices that are intended to or reasonably could be expected to manipulate our search algorithm.

Do not use, copy, display, mirror or frame the Epicurate Platform, any Content, any Epicurate branding or any page layout or design without our express prior written consent.

Learn, understand and follow the laws, rules, regulations, statutes, ordinances and other requirements that apply to you, including privacy, data protection and export laws, and keep abreast of changes in those laws, rules, regulations, statutes, ordinances and other requirements.

Do not use the Epicurate Platform for any illegal purpose.

If you provide us with someone else’s personal information, you (i) must do so in compliance with applicable law; (ii) must be authorized to do so; and (iii) authorize us to process that information under our Privacy Policy.

Read and follow our Terms and keep abreast of changes in them.

Do not use the name, logo, branding or trademarks of Epicurate or others without permission.

Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that is confusingly similar to any Epicurate trademarks, logos or branding.

Do not offer Provider Services that violate applicable laws or agreements.

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Epicurate. In addition, if you believe that a Member, Listing or Content has violated our terms, policies or rules, you should report your concerns to Epicurate. If you reported an issue to local authorities, Epicurate may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

The Epicurate name and logo are trademarks or registered trademarks in the United States and other jurisdictions around the world. Except as provided below, you may not use our trademarks, logos or other intellectual property in connection with your activities as a Provider or otherwise without our specific prior written authorization. The following are general guidelines. It is usually permissible for you to refer to Epicurate or the Epicurate Platform in a descriptive manner in your Listing on the Platform or in other permitted communications. For example, you might say “Check out my Experiences on the Epicurate Platform, “or “I list Experiences on Epicurate”. However, you may not refer to Epicurate in any way that might lead someone to believe that your company, experience or Listing is sponsored by, affiliated with, or endorsed by, Epicurate. For example, you may not say, “Epicurate sponsors my Experiences,” or describe your Experience as “Epicurate’s best experience ever.” You may not use the Epicurate name on any other website that lists experiences or provider services without our prior written authorization.

If you want permission to use our name and/or logo in any other manner, or if you have other questions, please contact us.

If you believe that Content on the Epicurate Platform infringes copyrights, please notify us.

7. Termination, Suspension and other Measures

The agreement between you and Epicurate reflected in these Terms is effective the first time you access the Epicurate Platform (for example to create an account) and remains in effect until either you or we terminate such agreement in accordance with these Terms.

You may terminate this Agreement at any time upon 30 days’ prior notice via email of your intent to terminate. Epicurate may terminate this Agreement and your account for any reason by providing you with 30 daysʼ notice via email or notifying you using any other contact information you have provided for your account. Epicurate may also terminate this Agreement and your account immediately and without notice and stop providing access to the Epicurate Platform if you breach these Terms or violate applicable laws, or under any other circumstances described elsewhere in these Terms, or if we reasonably believe termination is necessary to protect Epicurate, its Members or third parties. We may terminate your account without prior notice if it has been inactive for more than two years.

We do not guarantee that we will take action against all breaches of these Terms or violations of law. Our failure to take immediate action with respect to a breach or violation does not waive our right to act with respect to such breach or violation or any other breach or violation whether by you or by any other Member.

If (i) you breach these Terms, (ii) you violate applicable laws, regulation or third-party rights or (iii) Epicurate believes it is reasonably necessary to protect Epicurate, its Members or third parties, Epicurate may, with or without prior notice:

suspend or limit your access to or use of the Epicurate Platform and/or your account;

suspend, remove, disable access to or restrict visibility of Listings, reviews or other Content;

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