Payments Terms of Service

Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.

Please note: Section 23 of these Payments Terms of Service contains an arbitration clause and class action waiver that applies to all Take On Adventure Members. If you reside in the United States, this provision applies to all disputes with Take On Adventure. If you reside outside of the United States, this provision applies to any action you bring against Take On Adventure in the United States. It affects how disputes with Take On Adventure are resolved. By accepting these Payments Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Last Updated: July 23, 2017

These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and Take On Adventure governing the Payment Services (defined below) conducted through or in connection with the Take On Adventure Platform.

When these Payments Terms mention “Take On Adventure,” “we,” “us,” or “our,” it refers to the Take On Adventure company you are contracting with for Payment Services, which may be Take On Adventure , Inc. (“Take On Adventure US”).

The Take On Adventure Terms of Service (“Take On Adventure Terms”) separately govern your use of the Take On Adventure Platform. All capitalized terms have the meaning set forth in the Take On Adventure Terms unless otherwise defined in these Payments Terms.

Our collection and use of personal information in connection with your access to and use of the Payment Services is described in Take On Adventure’s Privacy Policy.

Table of Contents

1. Scope and Use of the Payment Services
2. Key Definitions
3. Modification of these Payments Terms
4. Eligibility, Member Verification
5. Account Registration
6. Payment Methods and Payout Methods
7. Financial Terms for Hosts
8. Financial Terms for Guests
9. Appointment of Take On Adventure as Limited Payment Collection Agent
10. General Financial Terms
11. Taxes
12. Damage to Accommodations and Security Deposits
13. Currency Conversion
14. Prohibited Activities
15. Intellectual Property Ownership, Rights Notices
16. Feedback
17. Disclaimers
18. Liability
19. Indemnification
20. Termination, Suspension, and other Measures
21. Take On Adventure Contracting Entity
22. Applicable Law and Jurisdiction
23. Dispute Resolution and Arbitration Agreement
24. General Provisions
25. Additional Clauses for Users Contracting with Take On Adventure UK
26. Contacting Take On Adventure

1. Scope and Use of the Payment Services

1.1 Take On Adventure provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Take On Adventure Platform (“Payment Services”).

1.2 Take On Adventure may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. Take On Adventure may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.

1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Take On Adventure is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Take On Adventure of such Third-Party Services.

1.4 You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

2. Key Definitions

“Adjusted Exchange Rate” means the Base Exchange Rate plus a 3% fee charged by Take On Adventure for certain cross-border transactions.

“Base Exchange Rate” means a system-wide rate used by Take On Adventure if the Booking Currency is different than the Listing Country Currency. It does not include any fee or mark-up by Take On Adventure. Take On Adventure establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).

“Booking Currency” means the currency in which a Guest pays for his or her booking. The Guest will be able to see (and in some cases, select) their Booking Currency when checking out. The Booking Currency for a booking may be different from the relevant Listing Country Currency.

“Listing Country Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Country Currency for a Listing located in New York would be U.S. dollars, and the Listing Country Currency for a Listing located in Japan would be Japanese Yen.

“Payout” means a payment initiated by Take On Adventure to a Member for services (such as Listing Fees and Co-Host Services Fees) performed in connection with the Take On Adventure Platform.

“Payment Method” means a financial instrument that you have added to your Take On Adventure Account, such as a credit card, debit card, or PayPal account.

“Payout Method” means a financial instrument that you have added to your Take On Adventure Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).

3. Modification of these Payments Terms

Take On Adventure reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the Take On Adventure Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective, however, Members contracting with Take On Adventure UK will receive notice at least two (2) months prior to the effective date. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

4. Eligibility, Member Verification

4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.

4.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

4.3 Take On Adventure may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Take On Adventure reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

5. Account Registration

5.1 In order to use the Payment Services, you must have an Take On Adventure Account in good standing. If you or Take On Adventure closes your Take On Adventure Account for any reason, you will no longer be able to use the Payment Services.

5.2 You may authorize a third party to use your Take On Adventure Account in accordance with the Take On Adventure Terms. You acknowledge and agree that anyone you authorize to use your Take On Adventure Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

6. Payment Methods and Payout Methods

6.1 When you add a Payment Method or Payout Method to your Take On Adventure Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Take On Adventure or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will include:

• for direct deposit, your address, name on the account, account type, routing number, and account number;
• for PayPal, your address, email address, and payout currency; and
• for Payoneer prepaid debit cards, your address, and Payoneer account information.

6.2 When you add or use a new Payment Method, Take On Adventure may verify the Payment Method by authorizing a nominal amount, not to exceed one dollar ($1), or a similar sum in the Payment Method’s local currency (e.g., one euro or one British pound). For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, each not to exceed two dollars ($2) or a similar sum in the Payment Method’s local currency (e.g., two euros or two British pounds), and ask you to confirm these amounts, or (ii) require you to upload a billing statement. When you add a Payment Method during checkout, we will automatically save that Payment Method to your Take On Adventure Account so it can be used for a future transaction.

6.3 To verify your Payout Method, Take On Adventure may send one or more payments of nominal amounts to your Payout Method. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.

6.4 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Take On Adventure is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

6.5 You authorize Take On Adventure to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Take On Adventure Account.

6.6 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Take On Adventure is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

7. Financial Terms for Hosts

7.1 Generally

Generally speaking, Take On Adventure will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and Take On Adventure.

7.2. Payouts

7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your Take On Adventure Account. Take On Adventure will generally initiate Payouts to your selected Payout Method: (i) for Accommodations within 24 hours of the Guest’s scheduled check-in time (or within 24 hours of 3:00pm local time – or 3:00pm UTC if local time is unknown – if the check-in time is flexible or not specified); (ii) for Experiences and Events within 24 hours of the start of the Experience or Event; and (iii) for all other Host Services at the time specified via the Take On Adventure Platform. In certain jurisdictions or instances, Take On Adventure may offer you a different time or trigger for payment. The time it takes to receive Payouts once released by Take On Adventure may depend upon the Payout Method you select. Take On Adventure may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

7.2.2 Your Payout for a booking will be the Listing Fee less applicable Host Fees and Taxes.

7.2.3 Take On Adventure will remit your Payouts in your currency of choice, depending upon your selections via the Take On Adventure Platform. If the currency of your Listing Fee at the time of booking is different from your selected Payout currency when we initiate your Payout, we will apply the Base Exchange Rate to your Payout. Amounts may be rounded up or down as described in Section 10.5 (“Rounding Off”).

7.2.4 For compliance or operational reasons, Take On Adventure may limit the value of each individual Payout. If you are due an amount above that limit, Take On Adventure may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.

7.3 Co-Hosting

7.3.1 If a Host and a Co-Host agree on a Co-Host Services Fee, Take On Adventure will automatically deduct the Co-Host Services Fees from the Host’s Listing Fee and pay that fee to the Co-Host at the same time Take On Adventure initiates the Host’s Payout.

7.3.2 In the event that a refund is due to a Guest, Take On Adventure will automatically deduct the amount of the refund, on a pro-rata basis, from the next Payout due to each of the Host and the Co-Host.

7.4 If you owe any amount to Take On Adventure (e.g., as a result of your bookings, Booking Modifications, cancellations or other actions as a Guest, Host or Co-Host), you authorize Take On Adventure to collect these amounts from you by withholding the amounts from your future Payouts and/or charging any Payment Method on file in your Take On Adventure Account. Any funds collected by Take On Adventure will setoff the amount owed by you to Take On Adventure and extinguish your obligation to Take On Adventure. In addition to the amount due, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

8. Financial Terms for Guests

8.1 You authorize Take On Adventure to charge your Payment Method the Total Fees for any booking requested in connection with your Take On Adventure Account. Take On Adventure will collect the Total Fees in the manner agreed between you and Take On Adventure via the Take On Adventure Platform. Take On Adventure will generally collect the Total Fees after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Boletos or Sofort), Take On Adventure will collect the Total Fees at the time of your booking request. Take On Adventure may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed via the Take On Adventure Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. If Take On Adventure is unable to collect the Total Fees as scheduled, Take On Adventure will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed you will receive a confirmation email.

8.2 When you request to book a Listing, Take On Adventure may also (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge or authorize your Payment Method a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g., one euro or one British pound), to verify your Payment Method.

8.3 If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Take On Adventure will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

8.4 You authorize Take On Adventure to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your Take On Adventure Account. You hereby authorize Take On Adventure to collect any amounts due by charging the Payment Method provided at checkout, either directly by Take On Adventure or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Take On Adventure Platform (such as gift cards).

8.5 If Take On Adventure is unable collect any amounts due via your selected Payment Method, you authorize Take On Adventure to charge any other Payments Methods on file in your Take On Adventure Account (unless you have previously removed the authorization to charge such Payment Method(s)). You also authorize Take On Adventure to charge any Payment Method on file in your Take On Adventure Account in the event of a Damage Claim pursuant to Section 12 (“Damage to Accommodations and Security Deposits”).

8.6 If you Overstay at an Accommodation, you authorize Take On Adventure to charge any Payment Method(s) you have on file in your Take On Adventure Account to collect Overstay Fees payable under the Take On Adventure Terms. In addition, Take On Adventure may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your Take On Adventure Account.

8.7 Take On Adventure is not responsible for any fees that a Guest’s third-party payment service provider may impose when Take On Adventure charges the Guest’s Payment Method, and Take On Adventure disclaims all liability in this regard.

9. Appointment of Take On Adventure as Limited Payment Collection Agent

9.1 Each Member collecting payment for services provided via the Take On Adventure Platform (such as Host Services or Co-Host Services, or transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints Take On Adventure as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).

9.2 Each Providing Member agrees that payment made by a Purchasing Member through Take On Adventure, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that Take On Adventure may refund the Purchasing Member in accordance with the Take On Adventure Terms. Each Providing Member understands that Take On Adventure’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. Take On Adventure guarantees payments to Providing Members only for such amounts that have been successfully received by Take On Adventure from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, Take On Adventure assumes no liability for any acts or omissions of the Providing Member.

9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that Take On Adventure is not a party to the agreement between you and the Providing Member, Take On Adventure acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to Take On Adventure, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and Take On Adventure is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute Take On Adventure’ agreement with the Purchasing Member. In the event that Take On Adventure does not remit any such amounts, the Providing Member will have recourse only against Take On Adventure and not the Purchasing Member directly.

10. General Financial Terms

10.1 Service Fees and Other Fees

10.1.1 Take On Adventure collects the Service Fees charged by Take On Adventure pursuant to the Take On Adventure Terms. Where applicable, Take On Adventure may also collect Taxes (such as VAT in Europe) in respect of the Host Fees and Guest Fees. Take On Adventure deducts the Host Fees from the Listing Fees before remitting the Payout to the Host as described in these Payments Terms. Guest Fees are included in the Total Fees collected by Take On Adventure.

10.1.2 More information about when Services Fees apply and how they are calculated can be found on our Service Fees page. Take On Adventure may charge additional fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Take On Adventure Platform.

10.2 Cancellations and Refunds

10.2.1 If a Guest cancels a confirmed booking, Take On Adventure will refund the amount of the Total Fees due to the Guest pursuant to the Listing’s cancellation policy and as otherwise in accordance with the Take On Adventure Terms (including the Guest Refund Policy or Extenuating Circumstances Policy). Take On Adventure will also initiate a Payout of any portion of the Total Fees due to the Host under the applicable cancellation policy.

10.2.2 If a Host cancels a confirmed booking, Take On Adventure will provide the Guest a full refund of the Total Fees within a commercially reasonable time of the cancellation. In some instances, Take On Adventure may allow the Guest to apply the refund to a new booking, in which case Take On Adventure will credit the amount against the Guest’s subsequent booking at the Guest’s direction.

10.2.3 If, as a Host, you cancel a confirmed booking, you agree that Take On Adventure may collect any cancellation fees imposed pursuant to the Take On Adventure Terms. In these instances, Take On Adventure will treat your cancellation as a payment authorization.

10.2.4 If a Host modifies or cancels an Experience, Event, or other Host Service, Take On Adventure will provide Guests a refund in accordance with the Take On Adventure Terms.

10.2.5 All refunds may be subject to the Take On Adventure Terms, Extenuating Circumstances Policy, and Guest Refund Policy. If a Guest or Take On Adventure decides for any reason to cancel a confirmed booking pursuant to the Take On Adventure Terms, Guest Refund Policy, or Extenuating Circumstances Policy, you agree that Take On Adventure will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.

10.2.6 If, as a Host, your Guest cancels a confirmed booking or Take On Adventure decides that it is necessary to cancel a confirmed booking, and Take On Adventure issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy, you agree that in the event you have already been paid, Take On Adventure will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.

10.3 Resolution Center

You agree that Take On Adventure may collect from you any amount paid through the Resolution Center in connection with your Take On Adventure Account by charging the Payment Method associated with the relevant booking or any other Payment Method on file in your Take On Adventure Account, or by withholding the amount from your future Payouts. Take On Adventure will process such payments otherwise in accordance with these Payments Terms.

10.4 Recurring Payments

10.4.1 For certain bookings (such as for Accommodation Bookings of twenty-eight (28) nights or more), Take On Adventure may require a Guest to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Take On Adventure Platform if applicable to a booking.

10.4.3 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Take On Adventure to collect the Total Fees, and the Host agrees that Take On Adventure will initiate Payouts, in the increments and at the frequency agreed to and identified via the Take On Adventure Platform.

10.4.4 Guests may stop payment of a Recurring Payment by notifying Take On Adventure orally or in writing at least three (3) business days before the scheduled date of the payment. Take On Adventure may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, Take On Adventure is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Take On Adventure pursuant to Section 26.

10.5 Rounding Off

10.5.1 Take On Adventure may, in its sole discretion, round up or round down amounts that are payable from or to Members to the nearest whole functional base unit in which the currency is denominated (i.e., to the nearest dollar, euro or other supported currency); for example, Take On Adventure may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

10.5.2 For currencies denominated in large numbers, Take On Adventure may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Take On Adventure to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

10.6 Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.

10.7 Booking Modifications

If, as a Guest, you owe additional amounts to Take On Adventure due to a Booking Modification, you agree that Take On Adventure may collect such amounts by charging the Payment Method used to make your booking (or, if that Payment Method is not available, through any other authorized Payment Method in your Take On Adventure Account). If, as a Host, you owe Take On Adventure any amounts due to a Booking Modification, you agree that Take On Adventure may collect those amounts pursuant to Section 7 (“Financial Terms for Hosts”) and as otherwise permitted under these Payments Terms.

10.8 Collections

If Take On Adventure is unable to collect any amounts you owe under these Payments Terms, Take On Adventure may engage in collection efforts to recover such amounts from you. Take On Adventure will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after Take On Adventure first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Take On Adventure and/or Take On Adventure by you. Such communication may be made by Take On Adventure, Take On Adventure, or by anyone on their behalf, including but not limited to a third-party collection agent.

10.9 Take On Adventure Travel Credits

Take On Adventure Travel Credits may be redeemed for applicable bookings via the Take On Adventure Platform as specified in the Take On Adventure Referral Program Terms & Conditions or other terms and conditions provided with the Travel Credit. You may only redeem Take On Adventure Travel Credits after the Take On Adventure Travel Credits are reflected in your Take On Adventure Account.

11. Taxes

11.1 In any jurisdiction where Take On Adventure facilitates Collection and Remittance pursuant to the Take On Adventure Terms, you hereby instruct and authorize Take On Adventure to collect Occupancy Taxes from Guests on the Host’s behalf at the time the Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Take On Adventure will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold Take On Adventure and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations.

11.2 You agree that any claim or cause of action relating to Take On Adventure’ facilitation of Collection and Remittance shall not extend to any supplier or vendor that may be used by Take On Adventure in connection with facilitation of Collection and Remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Take On Adventure from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

12. Damage to Accommodations and Security Deposits

12.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) Take On Adventure determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the Take On Adventure Terms, you authorize Take On Adventure to charge the Payment Method used to make the booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, Take On Adventure may charge the Payment Method used to make the booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that Take On Adventure may charge any other Payment Method on file (and not otherwise unauthorized) in your Take On Adventure Account at the time of the Damage Claim.

12.2 Take On Adventure also reserves the right to otherwise collect payment from you and pursue any remedies available to Take On Adventure in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Take On Adventure Host Guarantee.

12.3 Security Deposits, if required by a Host, may be applied to any Overstay Fees due from a Guest.

13. Currency Conversion

13.1 Take On Adventure will do a currency conversion in the following situations:

• Where a Guest submits a booking request for a Listing using a Booking Currency that is different from the Listing Country Currency, Take On Adventure will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate to the Total Fees in the Listing Country Currency at the time of the booking request. Any fees that are based on a percentage of the applicable Listing Fees (such as Guest Fees), will be calculated based on the Listing Fees in the Booking Currency (i.e., after conversion from the Listing Country Currency). The Base Exchange Rate will be applied if Take On Adventure is unable to process your transaction in the default currency of your Payment Method; in all other cases, the Adjusted Exchange Rate will apply.
• When a confirmed booking is modified or cancelled, and a currency conversion has been applied, the Guest’s payment will be processed using the same Base Exchange Rate or Adjusted Exchange Rate applied at the time of the original booking.

13.2 When you as a Guest submit a booking request for a Listing, and such request will be subject to a currency conversion, you will be able to view the exchange rate applied to do the currency conversion before you checkout.

14. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Take On Adventure Terms, Policies, or Standards;
• use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
• register or use any Payment Method or Payout Method with your Take On Adventure Account that is not yours or you do not have authorization to use;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Take On Adventure or any of Take On Adventure’ providers or any other third party to protect the Payment Services;
• take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

15. Intellectual Property Ownership, Rights Notices

15.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Take On Adventure, Take On Adventure and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Take On Adventure or Take On Adventure used on or in connection with the Payment Services are trademarks or registered trademarks of Take On Adventure or Take On Adventure in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.

15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Take On Adventure, Take On Adventure, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.

16. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Take On Adventure Platform, or pursuant to Section 26 (“Contacting Take On Adventure”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

17. Disclaimers

17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The Payment Services are provided “as is”, without warranty of any kind, either express or implied.

17.2 Notwithstanding Take On Adventure’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the Take On Adventure Platform, Take On Adventure explicitly disclaims all liability for any act or omission of any Member or other third party. Take On Adventure does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are expressly excluded.

17.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

17.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

18. Liability

18.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Take On Adventure Account in any way, you are responsible for the actions taken by that person. Neither Take On Adventure nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Take On Adventure has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Providing Members pursuant to these Payments Terms or an approved payment request under the Take On Adventure Host Guarantee, in no event will Take On Adventure’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the Take On Adventure Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host or Co-Host, the amounts paid by Take On Adventure to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Take On Adventure and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Take On Adventure’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

18.2 If you reside in the EU, Section 18.1 does not apply, and Take On Adventure is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Take On Adventure is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Take On Adventure in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Take On Adventure is excluded.

19. Indemnification

You agree to release, defend (at Take On Adventure’s option), indemnify, and hold Take On Adventure and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Take On Adventure’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.

20. Termination, Suspension, and other Measures

20.1 You may terminate this Agreement at any time via the “Cancel Account” feature on the Take On Adventure Platform or by sending us an email, or by following the termination procedures specified in the Take On Adventure Terms. Terminating this Agreement will also serve as notice to cancel your Take On Adventure Account pursuant to the Take On Adventure Terms. If you cancel your Take On Adventure Account as a Host, Take On Adventure will provide a full refund to any Guests with confirmed booking(s). If you cancel your Take On Adventure Account as a Guest, Take On Adventure will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.

20.2 Without limiting our rights specified below, Take On Adventure may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with Take On Adventure UK).

20.3 Take On Adventure may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Take On Adventure believes in good faith that such action is reasonably necessary to protect other Members, Take On Adventure, Take On Adventure, or third parties (for example in the case of fraudulent behavior of a Member).

20.4 In addition, Take On Adventure may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the Take On Adventure Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) Take On Adventure believes in good faith that such action is reasonably necessary to protect the personal safety or property of Take On Adventure, its Members, Take On Adventure, or third parties, or to prevent fraud or other illegal activity.

20.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by Take On Adventure and an opportunity to resolve the issue to Take On Adventure’ reasonable satisfaction.

20.6 If you are a Host and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

20.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Take On Adventure Account or attempt to access and use the Payment Services through other an Take On Adventure Account of another Member.

20.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.

21. Take On Adventure Contracting Entity

21.1 Generally speaking, the Take On Adventure entity with whom you are contracting for the Payment Services is determined for each payment or payout based on the jurisdiction where the Payment Method or Payout Method was issued. The jurisdictions and the corresponding Take On Adventure contracting entity are set forth below:

21.2

21.3 If your Take On Adventure contracting entity under this Section 21 is Take On Adventure China, you will nevertheless contract with Take On Adventure UK for Payment Services related to any bookings confirmed prior to December 7, 2016 at 10:00am UTC.

22. Applicable Law and Jurisdiction

22.1 If you are contracting with Take On Adventure US, these Payments Terms will be interpreted in accordance with the laws of the State of Utah and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in state or federal court in Salt Lake City, Utah, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Salt Lake City, Utah.

22.2 If you are contracting with Take On Adventure China, these Payments Terms will be governed by and construed in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with these Payments Terms shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Take On Adventure may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.

22.3 If you are contracting with Take On Adventure UK, these Payments Terms will be interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer you agree to submit to the non-exclusive jurisdiction of the English courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in England or a court with jurisdiction in your place of residence. If Take On Adventure wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.

22.4 If you are contracting with Take On Adventure India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms shall be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Take On Adventure may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.

23. Dispute Resolution and Arbitration Agreement

23.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with Take On Adventure US; or (ii) bring any claim against any Take On Adventure entity in the United States (to the extent not in conflict with Section 22).

23.2 Overview of Dispute Resolution Process. Take On Adventure is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 23.1 applies: (1) an informal negotiation directly with Take On Adventure’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 23). Specifically, the process provides:

• Claims can be filed with AAA online (www.adr.org);
• Arbitrators must be neutral and no party may unilaterally select an arbitrator;
• Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
• Parties retain the right to seek relief in small claims court for certain claims, at their option;
• The initial filing fee for the consumer is capped at $200;
• The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
• The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

23.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Take On Adventure each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Take On Adventure’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

23.4 Agreement to Arbitrate. You and Take On Adventure mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Take On Adventure agree that the arbitrator will decide that issue.

23.5 Exceptions to Arbitration Agreement. You and Take On Adventure each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

23.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Take On Adventure agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Take On Adventure both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

23.8 Modification of AAA Rules – Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Take On Adventure agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

23.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

23.10 Jury Trial Waiver. You and Take On Adventure acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

23.11 No Class Actions or Representative Proceedings. You and Take On Adventure acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Take On Adventure both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

23.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

23.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if Take On Adventure changes this Section 23 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Take On Adventure’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Take On Adventure in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).

23.14 Survival. Except as provided in Section 23.12 and subject to Section 20.8, this Section 23 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Take On Adventure Account.

24. General Provisions

24.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Take On Adventure and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Take On Adventure and you regarding the Payment Services.

24.2 No joint venture, partnership, employment, or agency relationship exists between you or Take On Adventure as a result of this Agreement or your use of the Payment Services.

24.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

24.4 Take On Adventure’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

24.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Take On Adventure’ prior written consent. Take On Adventure may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with Take On Adventure UK). Your right to terminate this Agreement at any time remains unaffected.

24.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.

24.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Take On Adventure via email, Take On Adventure Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Take On Adventure transmits the notice.

24.8 If you are contracting with Take On Adventure UK you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Take On Adventure UK is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

25. Additional Clauses for Users Contracting with Take On Adventure UK

The following paragraphs will apply if you are contracting with Take On Adventure UK:

25.1 Payment Service User

25.1.1 The Payment Services include the payment collection service provided to Hosts contracting with Take On Adventure UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Take On Adventure UK treats Hosts as the “payment service user.”

25.1.2 By agreeing to these Payments Terms you as Host have consented to Take On Adventure UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 7.2. Take On Adventure UK will be deemed to have received the Host’s payment order to the Host on the same date Take On Adventure UK agrees to initiate the Payout in accordance with Section 7.2.

25.1.3 Take On Adventure UK will endeavor to ensure that Hosts based in the EEA will receive each Payout by the end of the business day following Take On Adventure UK’s initiation of the Payout.

25.2 Communication. Take On Adventure will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.

25.3 Resolution Procedures for Diverted Payouts

25.3.1 If you as a Host believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your Take On Adventure Account (“Credentials”) are lost or stolen, you should notify Take On Adventure UK pursuant to Section 26 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.

25.3.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Take On Adventure Platform and/or Payment Services in accordance with the Take On Adventure Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.

25.3.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, Take On Adventure UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.

25.3.4 Any complaints about the Payment Services should be made to Take On Adventure UK pursuant to Section 26. Complaints that are made in accordance with this section that relate to the provision of Payment Services by Take On Adventure UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offer a free complaints resolution service to individuals, micro-enterprises, small charities, and trustees of small trusts. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: South Quay Plaza, 183 Marsh Wall, London E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.

25.4 Section 8, “Financial Terms for Guests”, shall be amended by adding the following: “You acknowledge that if your Take On Adventure Account is located in Brazil and you are paying by credit card, you may pay for your booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your booking transaction. You also acknowledge that the Total Fees may be increased in case you choose to pay for your booking using credit card installments.”

26. Contacting Take On Adventure

You may contact Take On Adventure regarding the Payment Services using the information below:

These Payments Terms are available at www.TakeOnAdventure.com/terms/payments_terms. Take On Adventure will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.

Payments Terms of Service

IF YOU ARE SUBJECT TO UNITED STATES LAW, PLEASE NOTE: SECTION 28 OF THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH TAKE ON ADVENTURE ARE RESOLVED. BY ACCEPTING THESE PAYMENTS TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Last Updated: October 27, 2016

1. Terms of Service

These terms and conditions (“Payments Terms”) govern the payment services, including payment collection services, payments and payouts, conducted through or in connection with the Take On Adventure Site, Application or Services (“Payment Services”) that Take On Adventure, Inc., Take On Adventure UK Ltd., Take On Adventure Internet (Beijing) Co., Ltd. (“Take On Adventure China”) or Take On Adventure India Pvt. Ltd. (each hereinafter referred to as “Take On Adventure”, “we”, “us” or “our”) provide to you in connection with your use of the Take On Adventure Site, Application and/or Services, and constitute a binding legal agreement between you and Take On Adventure. The specific Take On Adventure entity with whom you are contracting for the purposes of the Payment Services will generally be determined for each payment or payout based on the jurisdiction in which your Payment Method or Payout Method was issued, as further set forth in Section 26, “Take On Adventure Contracting Entity”, below. The Take On Adventure Terms of Service (“Take On Adventure Terms”) separately govern your use of the Site, Application and Services. All capitalized terms have the meaning set forth in the Take On Adventure Terms unless otherwise defined in these Payments Terms.

YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES. Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Please also read carefully Take On Adventure’s Privacy Policy at www.TakeOnAdventure.com/terms/privacy_policy.

1. Modification

Take On Adventure reserves the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payments Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Payments Terms. Changes to the Payments Terms will be effective at the time of posting. Your continued use of the Payment Services will constitute acceptance of the revised Payments Terms. Additionally, if the modified Payments Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Payments Terms are not acceptable to you, your only recourse is to cease using the Payment Services. If you do not close your Take On Adventure Account you will be deemed to have accepted the changes.

1. Eligibility

The Payment Services are intended solely for persons who are 18 or older. Any use of the Payment Services by anyone under 18 is expressly prohibited. By using the Payment Services you represent and warrant that you are 18 or older.

1. Account Registration

In order to use the Payment Services, you must first register to create an Take On Adventure Account and become a Member in accordance with the “Account Registration” section of the Take On Adventure Terms. You acknowledge and agree that anyone you authorize to use your Take On Adventure Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

1. Identity Verification

You authorize Take On Adventure, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, your address, and other information requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize Take On Adventure (or its affiliate) to request a consumer report on you from a consumer reporting agency. This consumer report will be requested and utilized in compliance with applicable law, including the Fair Credit Reporting Act (U.S.), Data Protection Act (UK) and the Consumer Rights Act (UK). Take On Adventure reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

1. Financial Terms for Bookings
   1. Key Definitions

“Payment Method” means a payment method that you have added to your Take On Adventure Account, such as a credit card, debit card or PayPal.

“Payout Method” means a payout method that you have added to your Take On Adventure Account, such as PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).

1. 1. Financial Terms for Hosts regarding Bookings

If, as a Host, you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by Take On Adventure for the requested Booking will be refunded to the applicable Guest’s Payment Method and any pre-authorization of such Payment Method will be released.

Take On Adventure will collect the Total Fees from each Guest either at the time of the Booking request or upon the Host’s confirmation of the Booking (depending upon the Guest’s Payment Method). Take On Adventure will initiate payment of the Accommodation Fees (less Take On Adventure’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to the Host in most cases within 24 hours of the scheduled check-in time for the Guest at the applicable Accommodation (or within 24 hours of 3:00pm local time – or 3:00pm UTC if local time is unknown – if the check-in time is flexible or not specified), unless the Host and Take On Adventure agree to a different time or trigger for payment. The time it takes for the Host to receive payouts once released by Take On Adventure may depend upon the Payout Method chosen by the Host. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount via Take On Adventure to Take On Adventure (whether as a result of your Bookings or actions as a Guest or otherwise), then Take On Adventure may (but is not obliged to) withhold the amount owing to Take On Adventure from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to Take On Adventure. If Take On Adventure does so, then your obligation to pay Take On Adventure will be extinguished to the extent of the amount withheld by Take On Adventure, and Take On Adventure will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Take On Adventure and/or Take On Adventure by you. Such communication may be made by Take On Adventure, Take On Adventure or by anyone on their behalf, including but not limited to a third party collection agent.

1. 1. Appointment of Take On Adventure as Limited Payment Collection Agent for Host

Each Host hereby appoints Take On Adventure as the Host’s limited payment collection agent solely for the purpose of accepting the Accommodation Fees from Guests.

Each Host agrees that payment made by a Guest through Take On Adventure, shall be considered the same as a payment made directly to the Host, and the Host will make the Accommodation available to the Guest in the agreed-upon manner as if the Host has received the Accommodation Fees. Each Host agrees that Take On Adventure may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, refund to the Guest that portion of the Accommodation Fees specified in the applicable cancellation policy. Each Host understands that Take On Adventure accepts payments from Guests as the Host’s limited payment collection agent and that Take On Adventure’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Take On Adventure does not guarantee payments to Hosts for amounts that have not been successfully received by Take On Adventure from Guests. In accepting appointment as the limited collection agent of the Host, Take On Adventure assumes no liability for any acts or omissions of the Host.

1. 1. Financial Terms for Guests regarding Bookings

You acknowledge and agree that, notwithstanding the fact that Take On Adventure is not a party to the agreement between you and the Host, Take On Adventure acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to Take On Adventure, your payment obligation to the Host for the Accommodation Fees is extinguished, and Take On Adventure is responsible for remitting the Accommodation Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Payments Terms. In the event that Take On Adventure does not remit any such amounts as described in these Payments Terms, such Host will have recourse only against such Take On Adventure entity.

You as a Guest agree that Take On Adventure may charge your Payment Method the Total Fees for any Booking requested in connection with your Take On Adventure Account. In order to establish a Booking pending the applicable Host’s confirmation of your requested Booking, you understand and agree that Take On Adventure, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge your Payment Method a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your Payment Method. As a general rule, Take On Adventure will collect the Total Fees due once Take On Adventure receives confirmation of your Booking from the applicable Host. However, if you pay with a push Payment Method (such as Alipay or Sofort), Take On Adventure will collect Total Fees at the time of your Booking request. In instances in which Take On Adventure is unable to collect Total Fees in the ordinary course, Take On Adventure may elect to collect Total Fees at a later point in time. Once the payment transaction for your requested Booking is successfully completed you will receive a confirmation email summarizing your confirmed Booking.

If a requested Booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Take On Adventure will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s Payment Method will be released, if applicable. The timing to receive such refund or for a pre-authorization to be released will be determined based on the Payment Method used and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

In connection with your requested Booking, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to Take On Adventure or its third-party payment processor(s). You agree to pay Take On Adventure for any confirmed Bookings made in connection with your Take On Adventure Account in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the Booking, either directly by Take On Adventure or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Take On Adventure to charge any Payment Method on file in your Take On Adventure Account in the event of damage caused at an Accommodation as contemplated under Section 8, “Damage to Accommodations and Security Deposits”, below.

If Take On Adventure is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, Take On Adventure may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Take On Adventure and/or Take On Adventure by you. Such communication may be made by Take On Adventure, Take On Adventure or by anyone on their behalf, including but not limited to a third party collection agent.

Please note that Take On Adventure cannot control any fees that may be charged to a Guest by his or her third-party payment service provider related to Take On Adventure’ collection of the Total Fees, and Take On Adventure disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.

1. 1. Service Fees and Other Fees

Take On Adventure collects the Service Fees charged by Take On Adventure pursuant to the Take On Adventure Terms. Where applicable, Take On Adventure may also charge Taxes (such as VAT in Europe) in respect of the Host Fees and Guest Fees. Take On Adventure deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in these Payments Terms. Guest Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Take On Adventure to Hosts via the Payout Method selected by the Host in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” portion of this Section 6.

Please note that Take On Adventure may impose or deduct currency conversion costs on or from any payments or payouts by Take On Adventure in currencies other than U.S. dollars. More information on any such costs or deductions is available via the Site and Application, and in Section 10, “Currency Conversion”, below. More information on Services Fees can be found at www.TakeOnAdventure.com/help. Except as otherwise provided herein, Service Fees are non-refundable.

1. 1. General Booking and Financial Terms

Cancellations and Refunds

If, as a Guest, you cancel your requested Booking before the requested Booking is confirmed by a Host, Take On Adventure will cancel any pre-authorization to your Payment Method and/or refund any nominal amounts charged to your Payment Method in connection with the requested Booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, Take On Adventure will refund the Accommodation Fees, Guest Fees and any other amounts charged to you only as permitted under the Take On Adventure Terms, including the terms of the applicable cancellation policy.

If a Host cancels a confirmed Booking made via the Site, Application or Services, Take On Adventure will refund the Total Fees for such Booking to the applicable Guest within a commercially reasonable time of the cancellation. If the Guest requests to book an alternative Listing and the Host associated with such alternative Listing confirms the Guest’s requested Booking, then Take On Adventure will collect the Total Fees relating to the confirmed Booking for the Accommodation in the alternative Listing, in accordance with these Payments Terms.

If, as a Host, you cancel a confirmed Booking, you agree that Take On Adventure may collect any cancellation fees imposed pursuant to the Take On Adventure Terms. Take On Adventure will treat your cancellation as a payment authorization, and Take On Adventure may withhold any cancellation fees from your future payouts or charged to any Payment Method on file in your Take On Adventure Account.

If Take On Adventure decides for any reason that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services pursuant to the Take On Adventure Terms, Guest Refund Policy or Extenuating Circumstances Policy, you agree that Take On Adventure and the relevant Guest or Host will not have any liability for such cancellations or refunds.

If, as a Host, your Guest cancels a confirmed Booking or Take On Adventure decides that it is necessary to cancel a confirmed Booking, and Take On Adventure issues a refund to the Guest in accordance with the Guest Refund Policy, Extenuating Circumstances Policy or other applicable cancellation policies, you agree that in the event you have already been paid, Take On Adventure will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Accommodation Fees due to you.

Resolution Center

Each Member agrees that Take On Adventure may collect from you any amount paid through the Resolution Center in connection with your Take On Adventure Account by charging the Payment Method associated with the relevant Booking or any other Payment Method on file in your Take On Adventure Account, or by withholding the amount from your future payouts. Take On Adventure will process such payments otherwise in accordance with these Payments Terms.

Each Member collecting payment for services or amenities via the Resolution Center hereby appoints Take On Adventure as that Member’s limited payment collection agent solely for the purpose of accepting funds from another Member for the purchase of services or amenities via the Resolution Center. Each Member agrees that payment made by a purchasing Member via the Resolution Center through Take On Adventure, shall be considered the same as a payment made directly to the Member, and the Member will make the service(s) or amenity(ies) available to the purchasing Member in the agreed-upon manner as if the Member has received the payment. Each Member understands that Take On Adventure accepts payments from purchasing Members as the Member’s limited payment collection agent and that Take On Adventure’ obligation to pay the Member is subject to and conditional upon successful receipt of the associated payments from purchasing Members. Take On Adventure does not guarantee payments to Members for amounts that have not been successfully received by Take On Adventure from purchasing Members. In accepting appointment as the limited payment collection agent of the Member, Take On Adventure assumes no liability for any acts or omissions of the Member.

If you are paying for services or amenities via the Resolution Center, you acknowledge and agree that, notwithstanding the fact that Take On Adventure is not a party to the agreement between you and the Member providing the service(s) or amenity(ies), Take On Adventure acts as the other Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Member. Upon your payment of the funds to Take On Adventure, your payment obligation to the Member providing the service(s) or amenity(ies) for the agreed upon amount is extinguished, and Take On Adventure is responsible for remitting the funds, in the manner described in these Payments Terms. In the event that Take On Adventure does not remit any such amounts as described in these Payments Terms, such Member will have recourse only against such Take On Adventure entity.

Recurring Payments

For certain Bookings, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed Booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of the payment) will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed Booking, then the Guest authorizes Take On Adventure, on behalf of the Host, to collect the Total Fees and the Host agrees that Take On Adventure will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services. You may stop payment of a Recurring Payment by notifying Take On Adventure orally or in writing at least three (3) business days before the scheduled date of the payment. Take On Adventure may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, Take On Adventure is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Take On Adventure pursuant to Section 34.

Rounding Off

Take On Adventure may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Take On Adventure will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, Take On Adventure may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Take On Adventure to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Booking Modifications

If, as a Guest, you owe additional amounts to Take On Adventure due to a Booking Modification, you agree that Take On Adventure may collect such amounts by charging the Payment Method used to make your Booking. If, as a Host, you owe Take On Adventure any amounts due to a Booking Modification, you agree that Take On Adventure may collect those amounts pursuant to the “Financial Terms for Hosts regarding Bookings” portion of this Section 6 and as otherwise permitted under these Payments Terms.

Take On Adventure Travel Credits

Take On Adventure Travel Credits may be redeemed for applicable Bookings via the Site, Application and Services as specified in the Take On Adventure Referral Program Terms & Conditions. You may only redeem Take On Adventure Travel Credits after the Take On Adventure Travel Credits are reflected in your Take On Adventure Account.

1. Taxes

In any jurisdiction in which Take On Adventure facilitates direct Collection and Remittance pursuant to the Take On Adventure Terms, you hereby instruct and authorize Take On Adventure to collect Occupancy Taxes from Guests on the Host’s behalf at the time Accommodation Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Take On Adventure will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold Take On Adventure and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. Hosts and Guests further expressly grant Take On Adventure permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Guests or allegedly due, contact information and similar information, to the relevant Tax Authority.

1. 1. Opt-in to Host Remittance of Taxes

In any jurisdiction in which Take On Adventure facilitates Collection by Opt-in for Host Remittance pursuant to the Take On Adventure Terms, you hereby instruct and authorize Take On Adventure to send Occupancy Taxes received from Guests at the time Accommodation Fees are collected to the Host who is obligated to send such taxes to the Tax Authority directly. You hereby agree that through third party payment processors, Take On Adventure is merely processing your election and direction to have Occupancy Taxes from Guests sent directly to the Host for remittance by the Host to the Tax Authority, and that You will remit all amounts collected from Guests as Occupancy Taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold Take On Adventure and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation of, collection of Occupancy Taxes in any amount or at all as to your transactions or Accommodations. Hosts and Guests further expressly grant Take On Adventure permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Accommodations and Occupancy Taxes, including, but not limited to, personally identifiable information such as Host or Guest’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Hosts from Guests, or allegedly due, contact information and similar information, to the relevant Tax Authority.

1. 1. Miscellaneous Occupancy Tax Provisions

Whether you are a Guest or Host, you agree that any claim or cause of action relating to Take On Adventure’ facilitation of Opt-in for Host Remittance or Collection and Remittance shall not extend to any supplier or vendor that may be used by Take On Adventure in connection with facilitation of Opt-in Remittance or Collection and Remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Take On Adventure from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating), the collection or remittance of Occupancy Taxes by Collection and Remittance, Opt-in for Host Remittance or any other means or method, in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.

Hosts and Guests acknowledge and agree that in some jurisdictions, Take On Adventure may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection and/or remittance of Occupancy Taxes, and nothing contained in these Payments Terms is a representation or guarantee that Take On Adventure will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that Take On Adventure will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. Take On Adventure reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Occupancy Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Hosts reasonable notice in any jurisdiction in which Take On Adventure determines to cease any such facilitation.

1. Damage to Accommodations and Security Deposits

If (i) you as a Guest agree to pay the Host in connection with a Damage Claim, or (ii) Take On Adventure determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the Take On Adventure Terms, Take On Adventure may charge the Payment Method used to make the Booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, Take On Adventure may charge the Payment Method used to make the Booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the Booking, you agree that Take On Adventure may charge any other Payment Method on file in your Take On Adventure Account at the time of the Damage Claim.

Take On Adventure also reserves the right to otherwise collect payment from you and pursue any avenues available to Take On Adventure if Take On Adventure determines that you have damaged any Accommodation or any personal or other property located at any Accommodation. If we are unable to charge a Payment Method on file in your Take On Adventure Account or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Take On Adventure (if applicable).

Security Deposits, if required by a Host, may be applied to any fees due from a Guest overstaying at a Listing without the Host’s consent.

1. Overstaying without the Host’s Consent

If you as a Guest stay past the agreed upon checkout time without the Host’s consent, you agree that Take On Adventure, in its role as limited payment collection agent for the Host, may charge any Payment Method(s) you have on file in your Take On Adventure Account to collect, for each 24 hour period that the Guest stays over the agreed period without the Host’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, “Additional Sums”). In addition, Take On Adventure may recover any costs and expenses it incurs in collecting the Additional Sums by charging any Payment Method(s) you have on file in your Take On Adventure Account.

1. Currency Conversion

Key Definitions

“Booking Currency” means the currency in which a Guest has to pay for his or her Booking. At the time the Guest submits a Booking request, the Take On Adventure platform will select the Booking Currency, based on the Guest’s country of origin as determined by (i) Take On Adventure’s platform logic; (ii) the Payment Method associated with the Booking; or (iii) both. Take On Adventure supports only a certain number of currencies as Booking Currencies. The Booking Currency for a Booking may be different from the relevant Listing Currency.

“Listing Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Currency for a home located in New York would be U.S. dollars, and the Listing Currency for a home located in Japan would be Japanese Yen.

“Base Exchange Rate” means a system-wide rate used by Take On Adventure for currency conversion that is in effect at the time the currency conversion is processed, and does not include any fee or mark-up by Take On Adventure. Take On Adventure establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).

“Adjusted Exchange Rate” means a rate for currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Take On Adventure for its holding costs and foreign currency risks.

Each currency conversion is processed at a currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of U.S. dollars to Euros would be 1.25, and the currency conversion rate from Euros to U.S. dollars would be 0.8. Currency conversion rates will vary from time to time.

Take On Adventure will process a currency conversion in the following situations:

1. • Where the Booking Currency is different from the Listing Currency when a Guest submits a booking request for a Listing, Take On Adventure will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the Booking request to the Total Fees in the Listing Currency. The Guest Fee, which is a percentage of the applicable Accommodation Fees, will be calculated based on the Accommodation Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Booking Currency is different from the Listing Currency.
   • When a confirmed Booking is modified or cancelled, and there had been a currency conversion when the Booking was submitted, the currency conversion for any additional payments required of the Guest or any refund to the Guest will be processed at the same rate as applied to the earlier payment by the Guest.

When you as a Guest submit a Booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, the exchange rate will be displayed inclusive of the mark-up. The exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your Booking.

1. Payment Method Information

You authorize Take On Adventure to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g. account number, routing number, expiration date), we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Take On Adventure Account.

1. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not:

1. • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
   • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
   • use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
   • register any Payment Method with your Take On Adventure account that is not yours or you do not have authorization to use;
   • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
   • attempt to probe, scan, or test the vulnerability of any Take On Adventure system or network or breach any security or authentication measures;
   • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Take On Adventure or any of Take On Adventure’ providers or any other third party (including another user) to protect the Payment Services;
   • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information;
   • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services; or
   • advocate, encourage, or assist any third party in doing any of the foregoing.

Take On Adventure has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Payments Terms, Take On Adventure may take a range of actions against you, including but not limited to limiting access to your Take On Adventure Account and any associated Payment Services, for a violation of this Section 12 or these Payments Terms.

1. Privacy

You agree that Take On Adventure’s Privacy Policy (as may be updated from time to time) governs Take On Adventure’ collection, processing and use of your personal information.

1. Intellectual Property Ownership and Rights Notice

The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Take On Adventure, Take On Adventure and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Take On Adventure or Take On Adventure used on or in connection with the Payment Services are trademarks or registered trademarks of Take On Adventure or Take On Adventure in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners. As a Host, Guest or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Payment Services, including Take On Adventure’s Trademark & Branding Guidelines (as may be updated from time to time).

1. Additional Products and Terms

Certain Payment Services or new or different products and services offered by Take On Adventure from time to time may have different terms and conditions posted or require you to agree with and accept additional terms and conditions. If additional terms are required for any Payment Service or other product or service, Take On Adventure will provide you those additional terms and conditions at the time the Payment Service or other product or service is offered or made available to you. If there is a conflict between these Payments Terms and terms and conditions posted for a specific Payment Service or other product or service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service or other product or service.

1. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Take On Adventure Site and Application, or pursuant to Section 34, “Contact Take On Adventure”, below. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Take On Adventure and/or Take On Adventure and you hereby irrevocably assign to Take On Adventure and Take On Adventure and agree to irrevocably assign to Take On Adventure and Take On Adventure all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Take On Adventure or Take On Adventure’ request and expense, you will execute documents and take such further acts as Take On Adventure or Take On Adventure may reasonably request to assist Take On Adventure or Take On Adventure to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

1. Account Limitation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit access to your Take On Adventure Account and any associated Payment Services.

1. Disclaimers

IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TAKE ON ADVENTURE PROVIDES THE PAYMENT SERVICES TO YOU SUBJECT TO YOUR STATUTORY RIGHTS BUT OTHERWISE “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN THESE PAYMENTS TERMS. WITHOUT LIMITING THE FOREGOING, TAKE ON ADVENTURE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TAKE ON ADVENTURE MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TAKE ON ADVENTURE MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TAKE ON ADVENTURE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NOTWITHSTANDING TAKE ON ADVENTURE’ APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, TAKE ON ADVENTURE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY. TAKE ON ADVENTURE DOES NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH HOST EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE PAYMENTS TERMS AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE HEREBY EXPRESSLY EXCLUDED.

1. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR TAKE ON ADVENTURE ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER TAKE ON ADVENTURE NOR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAKE ON ADVENTURE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE PAYMENTS TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE TAKE ON ADVENTURE HOST GUARANTEE, IN NO EVENT WILL TAKE ON ADVENTURE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE PAYMENTS TERMS AND YOUR USE OF THE PAYMENT SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE PAYMENT SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE TAKE ON ADVENTURE PLATFORM AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY TAKE ON ADVENTURE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TAKE ON ADVENTURE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

1. Indemnification

You agree to release, defend, indemnify, and hold Take On Adventure and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Payment Services, or your violation of these Payments Terms; or (ii) your accrual or use of any Take On Adventure Travel Credits.

1. Export Control and Restricted Countries

You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Payment Services, you represent and warrant that: (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

1. Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional Take On Adventure policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Payments Terms constitute the entire and exclusive understanding and agreement between Take On Adventure and you regarding the Payment Services, and these Payments Terms supersede and replace any and all prior oral or written understandings or agreements between Take On Adventure and you regarding the Payment Services.

1. Termination

1. 1. Termination for Convenience

You may terminate these Payments Terms at any time by following the termination procedures specified in the Take On Adventure Terms. Terminating these Payments Terms will also serve as notice to cancel your Take On Adventure Account pursuant to the Take On Adventure Terms. If you cancel your Take On Adventure Account as a Host, Take On Adventure will provide your Guests a full refund. If you cancel your Take On Adventure Account as a Guest, Take On Adventure will initiate a refund for any confirmed booking based upon the terms of the applicable cancellation policy.

Without limiting our rights specified below, Take On Adventure may terminate these Payments Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.

1. 1. Termination for Breach, Suspension and Other Measures

Take On Adventure may immediately, without notice terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your Take On Adventure Account if (i) you have breached these Payments Terms, including but not limited to any breach of your warranties outlined in these Terms or breach a provision under Section 13, “User Conduct”, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Take On Adventure believes in good faith that such action is reasonably necessary to protect other Members, Take On Adventure, Take On Adventure or third parties, for prevention of unlawful activity or fraud, risk assessment, security or investigation purposes.

In case of non-material breaches and where appropriate, you will be given notice of any measure by Take On Adventure and an opportunity to resolve the issue to Take On Adventure’ reasonable satisfaction.

If you are a Host and we terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your Take On Adventure Account, (i) we will refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for confirmed bookings that were cancelled.

1. 1. Consequences

If your access to or use of the Payment Services has been limited or your Take On Adventure Account has been suspended or these Payments Terms has been terminated by us, you may not register a new Take On Adventure Account or attempt to access and use the Payment Services through other Take On Adventure Accounts.

1. 1. Survival

If you or we terminate these Payments Terms, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.

1. Assignment

You may not assign or transfer these Payments Terms, by operation of law or otherwise, without Take On Adventure’ prior written consent. Any attempt by you to assign or transfer these Payments Terms, without such consent, will be null and of no effect. Take On Adventure may assign or transfer these Payments Terms, at its sole discretion, without restriction. Subject to the foregoing, these Payments Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

1. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by Take On Adventure (i) via email (in each case to the address that you provide) or (ii) by posting to the Take On Adventure Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

1. Take On Adventure Contracting Entity

Generally speaking, the Take On Adventure entity with whom you are contracting for the purposes of the Payment Services will be determined for each payment or payout based on the jurisdiction in which the relevant Payment Method or Payout Method was issued. The jurisdictions and the corresponding Take On Adventure contracting entity are set forth below:

1. Controlling Law and Jurisdiction

These Payments Terms and your use of the Payment Services will be interpreted in accordance with the laws of the State of Utah and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Washington County, St George, Utah or a United States District Court, of Utah located in Salt Lake City, Utah for any actions for which the parties retain the right to seekinjunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in Section 28, “Dispute Resolution”, below.

1. Dispute Resolution

You and Take On Adventure agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Take On Adventure are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding.Further, unless both you and Take On Adventure otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Payments Terms.

Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at +1 800 778 7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Utah and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Take On Adventure otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Take On Adventure submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of Section 19, “Limitation of Liability”, above, as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Take On Adventure will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Take On Adventure will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of Section 2, “Modification”, above, if Take On Adventure changes this “Dispute Resolution” section after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Take On Adventure’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Take On Adventure in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).

1. General

The failure of Take On Adventure to enforce any right or provision of these Payments Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Take On Adventure. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Payments Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Payments Terms will remain in full force and effect.

1. Third Party Beneficiary

These Payments Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Payments Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Payments Terms.

1. Additional Clauses for Users Contracting with Take On Adventure UK Ltd.

The following paragraphs will apply if you are contracting with Take On Adventure UK Ltd. (“Take On Adventure UK”):

Payment Service User

The Payment Services include the payment collection service provided to Hosts contracting with Take On Adventure UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes Take On Adventure UK treats Hosts as the “payment service user.”

Hosts must create a Payout Method with Take On Adventure UK via the Site or Application by providing complete and accurate information as follows:

1. • For direct deposit/electronic funds transfer, your address, name on the account, account type, routing number and account number;
   • For PayPal, your address, email address, and payout currency; and
   • For Payoneer prepaid debit cards, your address and Payoneer account information.

By agreeing to these Payments Terms you as Host have consented to Take On Adventure UK’s payment of the Accommodation Fees (less Take On Adventure’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to your chosen Payout Method. Hosts may change a Payout Method up to 1 day before the time agreed for payment as set out in Section 6.B. Take On Adventure UK will be deemed to have received the Host’s payment order to the Host on the same date Take On Adventure UK agrees to initiate payment in accordance with Section 6.B.

Take On Adventure UK will endeavor to ensure that Hosts based in the EEA will receive payment of Accommodation Fees (less Take On Adventure’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) by the end of the business day following Take On Adventure UK’s initiation of the payment.

Communication

Take On Adventure will provide the Host notice via email when we initiate each payout transaction. We will also provide notice if the payout is returned to us because of an error. Take On Adventure will use the email address related to your Take On Adventure Account. It is your responsibility as a Host to ensure that you provide us with a current, accurate and valid email address.

Resolution Procedures for Diverted Payouts

If you as a Host believe that a payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your Take On Adventure Account (“Credentials”) are lost or stolen, you should notify Take On Adventure UK pursuant to Section 34 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.

We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Site, Application, Services and/or Payment Services in accordance with the Take On Adventure Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.

If you as Host claim not to have received a payout properly due to you via your chosen Payout Method, Take On Adventure UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.

Section 6.D, “Financial Terms for Guests regarding Bookings”, shall be amended by adding the following: “You acknowledge that if your Take On Adventure Account is located in Brazil and you are paying by credit card, you may pay for your Booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your Booking transaction. You also acknowledge that the Total Fees may be increased in case you choose to pay for your Booking using credit card installments.”

Section 27, “Controlling Law and Jurisdiction”, shall be removed and replaced with the following:

Controlling Law and Jurisdiction

These Payments Terms will be interpreted in accordance with English law. You and we agree to submit to the non-exclusive jurisdiction of the English courts for resolving any dispute between the parties. If Take On Adventure UK wishes to enforce any of its rights against you, we may elect to do so in the English courts or in the courts of the jurisdiction in which you are resident.

Any complaints about the Payment Services should be made to Take On Adventure UK pursuant to Section 34. Complaints that are made in accordance with this Section that relate to the provision of Payment Services by Take On Adventure UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman Service offer a free complaints resolution service to individuals, micro-enterprises, small charities and trustees of small trusts. You can contact the UK Financial Ombudsman by telephone on: from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500 on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm or by post at South Quay Plaza, 183 Marsh Wall, London E14 9SR, or by email: enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service.

Section 28, “Dispute Resolution”, shall be removed and is not applicable.

1. Additional Clauses for Users Contracting with Take On Adventure China

The following paragraphs will apply if you are contracting with Take On Adventure China:

Section 27, “Controlling Law and Jurisdiction”, shall be removed and replaced with the following:

Controlling Law and Jurisdiction

These Payments Terms will be governed by and construed in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with these Payments Terms shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Take On Adventure may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.

Section 28, “Dispute Resolution” shall be removed and is not applicable.

1. Additional Clauses for Users Contracting with Take On Adventure India Pvt. Ltd.

The following paragraphs will apply if you are contracting with Take On Adventure India Pvt. Ltd. (“Take On Adventure India”):

Section 27, “Controlling Law and Jurisdiction”, shall be removed and replaced with the following:

Controlling Law and Jurisdiction

These Payments Terms will be interpreted in accordance with Indian law. You and we agree to submit to the non-exclusive jurisdiction of the Indian courts for resolving any dispute between the parties. If Take On Adventure India wishes to enforce any of its rights against you, we may elect to do so in the Indian courts or in the courts of the jurisdiction in which you are resident.

1. Contacting Take On Adventure

You may contact Take On Adventure using the information below:

These Payments Terms are available for you to view at any time at www.TakeOnAdventure.com/terms/payments_terms. Take On Adventure will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please contact Take On Adventure via email to terms@TakeOnAdventure.com or the contact information above.