These terms and conditions ("User Terms") apply to your visit to and your use of our website at www.Xcitelife.com (the "Website"), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE ON OUR WEBSITE.
Your experience provider is Monchu Inc., herein referred to as “Xcitelife”, a federally incorporated private limited liability company established in the province of Ontario, Canada, having its offices at 7 Brimley Rd S, Toronto, ON, M1M 3W3.
WHAT SERVICES DOES XCITELIFE PROVIDE?
Xcitelife offers members access to information including but not limited, listing, arranging and reservation services for adventure, travel and cultural exploration event packages of others over a global computer network; providing a website featuring listings and bookings for adventure, travel and cultural exploration event packages of others; providing a website featuring information regarding adventure, travel and cultural exploration event packages of others; providing a website featuring a public record of third parties's attendance at adventure, travel and cultural exploration events of others; and Operation and supervision of sales and promotional incentive schemes, which may be requested through the use of mobile or web application supplied by Xcitelife and/or downloaded and installed by you on your single mobile device (smart phone) (the "Application"). All services provided by Xcitelife to you by means of your use of the Application are hereafter referred to as the "Member Service".
WHAT IS THE RELATIONSHIP BETWEEN XCITELIFE AND YOU?
By using the Application or the Service, you confirm that you are joining the Xcitelife Community. There is no contract or terms of membership required for standard services. In order to be able to use the Application or Service, you first need to sign up with Xcitelife. When signing up, you are reqiuired to provide Xcitelife with your personal information including but not limited to email address. Upon successful completion of your signing up with Xcitelife, Xcitelife will provide you with a personal account, accessible for you with a password of your choice.
You have to be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts the use of the Service or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.
HOW TO USE THE SERVICE AND THE APPLICATION
The website or smartphone application allows you to access services and unique experience(s) by connecting you “the user” with Partners or Vendors that are part of Xcitelife. If you agree to request information or services from an Xcitelife vendor or partner, the vendor or partner are permitted to contact you via email, phone number or via the Xcitelife system. Xcitelife shall procure reasonable efforts to bring you into contact with a vendor or partner in order to obtain services or information provided by Xcitelife, but not limited to promotions and offers.
Xcitelife only acts as intermediary between you “the user” and the Xcitelife vendor or partner. Xcitelife is not responsible for the end experience provided by the Vendor partner but will work with user and partner as best as possible to rectify any material breaches that are cureable.
YOUR USE OF THE APPLICATION OR THE SERVICE
You warrant that the information you provide to Xcitelife is accurate and complete. You are not obligated to use the services and can withdraw from the Xcitelife member community at any time by notifying Xcitelife of your wish to delete your confidential profile and personal dashboard.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. Xcitelife is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. Xcitelife reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
By using the Website or Smartphone Application you further agree that:
- You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
- You will not authorize others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
- You will not use the website or smartphone application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network;
- You will not try to harm the Website or Service or Application in any way whatsoever;
- You will not copy, or distribute the Website or Smartphone Application or other Xcitelife Content without written permission from Xcitelife;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Website or Smartphone Application;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use an access point or 3G data account (AP) which you are authorized to use;
- You will not use the Website or Smartphone application with an incompatible or unauthorized device;
- You will comply with all applicable law from your home nation, the country, state, province and/or city in which you are present while using the Website or Smartphone application.
Xcitelife reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.
The use of the Xcitelife Website and Smartphone Application and the Service is free of charge. Xcitelife reserves the right to introduce a fee for the use of the Application and/or the Service. If Xcitelife decides to introduce such a fee, Xcitelife shall inform you accordingly and allow you to either continue or terminate your profile. If such a fee is added in the future, pricing will clearly be communicated by the Website or Smartphone application.
For Gift card or storefront services, Xcitelife uses a third-party payment processor (the "Payment Processor") to process payment and complete transactions. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Xcitelife is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Xcitelife will obtain certain transaction details, which Xcitelife will use solely in accordance with its Privacy and Cookie Notice.
By accepting these User Terms and using the Website and Samrtphone Application or Service, you agree that you shall defend, indemnify and hold Xcitelife, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
- your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
- your violation of any rights of any Vendor or Partner in accordance with an experience provided.
- your use or misuse of the Website or Smartphone Application
The information, recommendations and/or services provided to you on or through the Website, the Service and the Smartphone Application is for general information purposes only and does not constitute advice. Xcitelife will reasonably keep the Website and the Smartphone Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
Xcitelife shall not be liable for any damages resulting from the use of (or inability to use) the Website or Smartphone Application (including death or personal injury caused by an experience with one of our vendors or partners), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Smartphone Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Xcitelife.
Xcitelife shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Smartphone Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
The quality of the services and unique experiences requested through the use of the Website or Smartphone Application or the Service is entirely the responsibility of the Vendor or Partner who ultimately provides such services to you. Xcitelife under no circumstance accepts liability in connection with and/or arising from these services provided by the Vendor or Partner and/or any acts, actions, behaviour, conduct, and/or negligence on the part of the Vendor or Partner. Any complaints about the Vendor or Partner services provided by the Vendor or Partner should therefore be submitted to the Vendor or Partner. Xcitelife does not enter into any contract with the User.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (including the Website and Smartphone Application), opinions, remarks, comments, feedback, artwork, links, questions, suggestions, information or other materials.
"Xcitelife Content" means Content owned or used by Xcitelife, its affiliates or licensors and made available through the Website, Service or Smartphone Application, including any Content licensed from a third party, but excluding User Content.
"User" means a person who accesses or uses the Website, Service or Smartphone Application.
"User Content" means Content that a User or Vendor partner posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Smartphone Application.
"Collective Content" means, collectively, Xcitelife Content and User Content.
Subject to your compliance with these User Terms, Xcitelife grants you a limited, non-exclusive, non-transferable license:
- to view, download and print any Xcitelife Content solely for your personal and non-commercial purposes; and
- to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Smartphone Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Xcitelife. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Xcitelife or its licensors, except for the licenses and rights expressly granted in these User Terms.
LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Smartphone Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, Xcitelife shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant").
You acknowledge that Xcitelife only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Xcitelife shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Xcitelife be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Xcitelife.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Xcitelife, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Xcitelife or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Smartphone Application.
Xcitelife reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Xcitelife believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Xcitelife.
You agree to promptly notify Xcitelife in writing or email of any User Content which breaches these User Terms. You agree to provide to Xcitelife sufficient information to enable Xcitelife to investigate whether such User Content breaches these User Terms. Xcitelife agrees to make good faith efforts to investigate such complaint and shall take such action as Xcitelife in its sole discretion decides. However, Xcitelife does not warrant or represent that it will block or remove (in whole or in part) such user Content.
SMARTPHONE APPLICATION LICENSE
Subject to your compliance with these User Terms, Xcitelife grants you a limited non-exclusive, non-transferable license to use the mobile and/or web application or download and install a copy of the Smartphone Application on a single mobile device that you own or control and to run such copy of the Smartphone Application solely for your own personal use.
YOU SHALL NOT
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Smartphone Application in any way;
- modify or make derivative works based upon the Website, Service or Smartphone Application;
- create Internet "links" to the Service or "frame" or "mirror" any Smartphone Application on any other server or wireless or Internet-based device;
- reverse engineer or access the Smartphone Application in order to
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Website, Service or Smartphone Application, or
- copy any ideas, features, functions or graphics of the Website, Service or Smartphone Application, or
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Smartphone Application.
YOU SHALL NOT:
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Website, the Smartphone Application or Service or the data contained therein; or
- attempt to gain unauthorized access to the Website, the Smartphone Application or Service or its related systems or networks.
Xcitelife will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Xcitelife may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Xcitelife has no obligation to monitor your access to or use of the Website, Service, Smartphone Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Smartphone Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Xcitelife reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Xcitelife, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Smartphone Application.
Xcitelife respects copyright law and expects its users to do the same. It is Xcitelife’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. Please see Xcitelife’s Copyright Policy at www.Xcitelife.com/legal/copyright, for further information.
INTELLECTUAL PROPERTY OWNERSHIP
Xcitelife alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Smartphone Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Smartphone Application or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Smartphone Application or the Service, or any intellectual property rights owned by Xcitelife. Xcitelife’s name, logo, and the product names associated with the Smartphone Application and Service are trademarks of Xcitelife, its affiliated companies or third parties, and no right or license is granted to use them.
APP STORE SOURCED SMARTPHONE APPLICATION
With respect to any Smartphone Application accessed through or downloaded from the Apple App Store ("App Store Sourced Smartphone Application"), you will use the App Store Sourced Smartphone Application only:
- on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and
- as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Xcitelife reserves all rights in and to the Smartphone Application not expressly granted to you under these User Terms.
YOU ACKNOWLEDGE AND AGREE THAT
- these User Terms are valid between you and Xcitelife only, and not Apple, and
- Xcitelife, not Apple, is solely responsible for the App Store Sourced Smartphone Application and content thereof. Your use of the App Store Sourced Smartphone Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Smartphone Application.
In the event of any failure of the App Store Sourced Smartphone Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Smartphone Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Smartphone Application. As between Xcitelife and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Xcitelife.
You and Xcitelife acknowledge that, as between Xcitelife and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Smartphone Application or your possession and use of the App Store Sourced Smartphone Application, including, but not limited to:
- product liability claims;
- any claim that the App Store Sourced Smartphone Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection or similar legislation.
You and Xcitelife acknowledge that, in the event of any third party claim that the App Store Sourced Smartphone Application or your possession and use of that App Store Sourced Smartphone Application infringes that third party’s intellectual property rights, as between Xcitelife and Apple, Xcitelife, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and Xcitelife acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Smartphone Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Smartphone Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Smartphone Application.
THIRD PARTY INTERACTIONS
During the use of the Website, the Smartphone Application and the Service, links to websites that are owned and controlled by third parties may be provided in order to enter into correspondence with, purchase goods or services from or participate in promotions of third parties. These links take you off the Website, the Smartphone Application and the Service and are beyond Xcitelife’s control.
TERM AND TERMINATION OF THE CONTRACT
The membership into the Xcitelife community is between you “the user” and Xcitelife and you is concluded for an indefinite period.
You are entitled to terminate your membership at all times by permanent deletion of your profile via the web or mobile application of Smartphone Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on Xcitelife's website.
Xcitelife is entitled to terminate the membership at all times and with immediate effect (by disabling your Profile and/or use of the Smartphone Application and the Service) if you:
- violate or breach any term of these User Terms, or
- in the opinion of Xcitelife, misuse the mobile or web application or the Service. Xcitelife is not obliged to give notice of the termination of the Membership in advance. After termination Xcitelife will give notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
MODIFICATION OF THE SERVICE AND USER TERMS
Xcitelife reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Website, Service or Smartphone Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Website, Service, Smartphone Application or via email. Xcitelife may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Xcitelife may give notice by means of a general notice on the Website, Service or Smartphone Application, or by electronic mail to your email address on record in Xcitelife's account information, or by written communication sent by regular mail to your address on record in Xcitelife's account information.
You may not assign your rights under these User Terms without prior written approval of Xcitelife.
PRIVACY AND COOKIE NOTICE
Xcitelife collects and processes the personal data of the visitors of the Website and users of the Smartphone Application according to the Privacy and Cookie Notice www.Xcitelife.com/privacy-policy.
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of Canada. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Smartphone Application (collectively, "Disputes") will be settled exclusively by the competent court in the province of Ontario, Canada unless you notify Xcitelife within one month after Xcitelife invoking its right pursuant to this provision to commence court proceedings in the province of Ontario, Canada, that you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.