Terms of Use

These terms of Service constitute a legally binding agreement (the “Agreement”) between you and Tbirdapp Ltd. (“Tbird”, “Tbirdapp”, “Tbird Platform”, “we”, “us” or “our”) governing your use of the Tbird application, website and technology platform (collectively, the “Tbird Platform”).

By entering into this Agreement, you acknowledge that you understand this Agreement and accept all of its terms.

If you are entering into this Agreement on behalf of a legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “You” or “Yours” to such entity.

BY CLICKING ON CHECKMARK BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THE AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT OR DO NOT HAVE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TBIRD PLATFORM. Unless otherwise stated herein, all defined terms shall have the meaning set forth in the Terms of Use and Privacy Policy.

1.      The Tbird Platform

The Tbird Platform provides a marketplace where persons who seek (“Service Users”, “Travelers”) accommodations, transportation, and/or tour services to a certain destination can be matched with Service Providers (“Hosts”) through a negotiation process.  Hosts (“Service Providers”) and Travelers (“Service Users”) are collectively referred to herein as “Users”, and each User shall create a User account that enables access to the Tbird Platform. For purposes of this Agreement, the services that are provided by Service Providers to Service Users that are matched through the Tbird Platform shall be referred to collectively as the “Services.” Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion.

You may browse the App and review requests of Travelers for Services as a visitor, but if you wish to make an offer, see detailed information about other users, check availability, create service, create a new request, you will need to register through the App to create an account.

You understand and agree that Tbirdapp Ltd. Is not: (a) a party to any rental or other agreements between Service Providers and Service Users; (b) a real estate broker, agent or insurer; (c) an owner or manager for any rental property listed on the Website and/or the App.

You are using the Website, the App and the Services at your own risk and you are personally responsible for verifying their suitability for your needs.

2.      Modification to the Agreement

In the event Tbird modifies the terms and conditions of this Agreement, such modifications shall be binding on you. Tbird reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Tbird Platform and/or Services offered by the Tbird constitute your consent to such changes.

3.      Eligibility

The Tbird Platform may only be used by individuals who can form legally binding contracts under applicable law. The Tbird Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated.

By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.

4.      Registration

During the registration process, you will be asked to provide you name, email address and other information, and create password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as, for its use and misuse. You will promptly inform us of any need to deactivate an account. We reserve the right to delete or change your account, and/or password at any time and for any reason.

You shall be solely and exclusively responsible for using the Website, the App and the Services strictly in accordance with applicable laws. You will not make the Services available to any third party, remove or modify any proprietary marking or restrictive legends placed on the Services, the Website, and/ or the App, or introduced into the Services, the Website, or the App any device, software, virus, worm, “back door”, Trojan horse, or similar harmful code.

5.      Tbird Reservation of Rights

Tbirdapp Ltd. is under no obligation to accept any individual as a Subscriber to the Services, and may accept or reject any application in its sole and complete discretion.

6.      Accommodation Listings

Once registered, Users may create listings for properties under “My Services” that they are legally authorized to list for rental. Tbird will ask you to provide information about the properly to be listed, such as its address, price per night, standards and rules, and detailed description of your listing. You can make bids and send offers to Service Users with your property. Service Users will book your property through the Services based on the information you provide in your listing. The price for a booking is negotiable and is confirmed once both Service Provider and a Service User agree on a price through a built-in bidding and negotiations process.

Subscribers who list any property acknowledge and agree that they are solely responsible for any and all listings they post. Accordingly, each Service Provider represents and warrants that any listing and stay by any Guest at any such accommodation will be in compliance with all applicable laws, tax requirements, rules, regulations zoning laws and laws governing rentals of residential and other properties, will not breach any agreements with any third parties, and will not conflict with the rights of third parties. You are solely responsible for evaluating the listed accommodations and ensuring that they comply with applicable law.

7.      Transportation Listings

Once registered, Users may create listings for transportation services under “My Services” that they are legally authorized to offer. By posting a listing for transportation service a Driver warrants that he/she holds a valid Driver’s license and insurance in the country where service is offered. Driver warrants that any transportation service will be in compliance with all applicable laws, tax requirements, rules, and regulation laws and transportation laws.

8.      Tour Listings

Once registered, Users may create listings for tour services under “My Services” that they plan to offer. Users who offer tour services warrant that any tour service will be in compliance with all applicable laws, tax requirements, rules, and regulation laws.

9.      Accommodation/Transportation/Tour Bookings

Service Providers who send offers with their listing are required to confirm or reject new price offer from a Service User. Service Users who receive offers from Service Providers are required to confirm or reject price offer from a Service Provider. When Service User and Service Provider both confirm the price, the Service User’s credit card will be preauthorized for a total amount of the Service Fee.

10.  Charges

As a Traveler (“Service User”), you agree to pay the amounts charged for your use of the Tbird Platform and Services (“Charges”). Charges include Fares for the provided service, applicable fees, surcharges, and taxes.

As a Host (“Service Provider”), you agree to pay all applicable fees made known to you at Payment Breakdown when finalizing your deal, including the commission Tbird charges for connecting you with Travelers (“Service Users”).

We may use a third-party payment processor to process your payment. You warrant and represent that you are the valid owner or an authorized user of the credit card you provide, and that all such information is accurate.

Each listing posted by Service Provider shall reference the rate associated with booking a service. All rates are inclusive of all applicable fees.

Service Provider fees include (i) price per night for the property multiplied by the number of nights confirmed in the boking (ii) Security Deposit (iii) Cleaning Fee (iv) applicable taxes (v) Tbirdapp Ltd. Fee.

Service providers are paid at the end of the service.

Service users are responsible for providing a valid credit card number at the time of submitting a service request, and, for Service providers, information regarding deposit of the Fees such as banking information. You represent and warrant that you are an authorized user of such credit card and authorized to provide the applicable banking information, and you agree to pay all charges resulting from your booking of a service, including damages incurred or incidentals as agreed between you, a Service User and a Service Provider. If Service User and Service Provider confirm the requested booking , you, as Service User hereby authorize Tbird to immediately preauthorize your credit card for the full amount.

Tbird has the authority and reserves the right to determine and modify the minimum pricing for each service in the applicable city. You are responsible for reviewing the applicable Tbird Cities page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Service Fees

Tbird may assess “Service Fee” to support the Tbird Platform and related services provided to you by Tbird. The amount of the Service Fee may vary but shall be retained by Tbird in its entirety.

Cancellation Fees

After requesting a service you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged in full if you decide to cancel with less than 24 hours prior to the start of the service. If Tbird Platform notices that you consistently cancel within a short time prior to the start of the service, it has an authority to lower your rating and auto generate negative review.

Please check out our Help Center to learn more about Tbird’s cancellation policy, including applicable fees.

Damage Fees

If a Host/Driver/Tour guide (“Service Provider”) reports that you have materially damaged Host’s accommodation, Driver’s vehicle, or any personal property of a Tour guide, you agree to pay a “Damage Fee” of up to $300 depending on the extent of the damage (as determined by Tbird in its sole discretion), towards vehicle, accommodation, personal property repair or cleaning. Tbird reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Host/Driver/Tour guide (“Service Provider”) whose accommodation, vehicle, property was damaged.

Facilitation of Charges

All Charges are facilitated through a third-party payment processing service. Tbird may replace its third-party payment processing services without notice to you. Charges shall only be made through the Tbird Platform. Cash payments are strictly prohibited.

Refunds

All Charges are non-refundable. If you find that there was an issue with your booking or Host/Drive/Tour guide (“Service Provider”) did not meet the requirements outlined in your request you have an ability to file a complaint. Please refer to our Help Center to find more details on how to file a complaint.

Credit Card Authorization

Upon booking a service, Tbird may seek authorization of your selected payment method to verify the payment method, ensure the cost of provided service will be covered, and protect against unauthorized behaviour. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.

11.  Payments

If you are a Service Provider, you will receive payment for your provision of Services. All Fare payments are subject to a Tbird Commission. Tbird will process all payments due to you through its third party payment processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we’re required to withhold by law.

Commission

In exchange for permitting you to offer your Services through the Tbird Platform and marketplace, you agree to pay Tbird (and permit Tbird to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable commission will be communicated to you in a Price Breakdown.  Tbird reserves the right to change the Commission at any time in Tbird’s discretion based upon local market factors, and Tbird will provide you with notice in the event of such change. Continued use of Tbird Platform after any such change in the Commission calculation shall constitute your consent to such change.

Pricing

You expressly authorize Tbird to set minimum price on your behalf for all Services. Tbird reserves the right to change pricing at any time in our discretion based upon local market factors.

12.  Communications

By becoming a Tbird User; you agree to receive communications from us, including via e-mail, text message, calls, and push notifications.

IF YOU WISH TO OPT OUT FROM PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

13.  Your Information

Your Information is any information you provide, publish, or post to or through the Tbird Platform (including any profile information you provide) or send to other Users (including via built-in messenger, in-application Feedback, any email feature, or through any Tbird-related Facebook, Twitter, Google plus or other social media posting) (your “Information).  You consent to us using your Information to create a User account that will allow you to use the Tbird Platform and participate in the Services. Our collection and use of personal information in connection with the Tbird Platform and Services is as provided in Tbird’s Privacy Policy. You are solely responsible for your information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Tbird to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Tbird does not assert any ownership over your Information; rather, as between you and Tbird, subject to the rights granted to us in this Agreement, you retail full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your Tbird User account through online accounts you have with third party social networking sites (each such account as “SNS Account”). By connecting to the Tbird Platform through an SNS Account, you understand that Tbird may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Tbird Platform, all SNS Content, if any, shall be considered to be your Information.

14.  Promotions and Referral Programs

Tbird, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Tbird. Tbird reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Tbird determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

Tbird may offer you with incentives to refer new Users to the Tbird Platform. These incentives may come in the form of Tbird Credits, and Tbird may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

15.  Restricted Activities

With respect to your use of the Tbird Platform and your participation in the Services, you agree that you will not:

a.       Impersonate any person or entity;

b.      Stalk, threaten, or otherwise harass any person, or carry any weapons;

c.       Violate any law, statue, rule, permit, ordinance or regulation;

d.      Interfere with or dispute the Services or the Tbird Platform or the servers or networks connected to the Tbird Platform;

e.       Post Information to interact on the Tbird Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented threatening, harassing, or illegal;

f.        Use the Tbird Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

g.       Post or email otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

h.       Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Tbird Platform;

i.         “Frame” or “Mirror” any part of the Tbird Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or

j.        Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Tbird Platform or any software used on or for the Tbird Platform;

k.      Rent, lease, land, sell, redistribute, license or sublicense the Tbird Platform or access to any portion of the Tbird Platform;

l.         Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Tbird Platform or its contents;

m.     Link directly or indirectly to any other websites or Mobile apps;

n.       Transfer or sell your User account, password and/or identification to any other party;

o.      Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or

p.      Cause any third party to engage in the restricted activities above

q.      If you feel that any User you interact with, whether online, or in person, is acting or has acted inappropriately, including but not limited to anyone who is (i) engages in offensive, violent or sexually inappropriate behaviour, (ii)you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Tbird; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause Tbird to incur in any liability to you.

16.  License Grant

Tbirdapp Ltd. grants Subscriber a non-exclusive, non-transferable, non-sublicensable and revocable license to access and the use the Website, the Mobile App, the Content, and the Services.

17.  Insurance

Tbirdapp Ltd. does not provide liability or property insurance for Users. Users are solely responsible for obtaining insurance coverage sufficient to protect their accommodations, vehicles, any personal properties and Guests during the entire duration of the service. Service providers agree that they have or will obtain an appropriate insurance coverage sufficient to cover all property, vehicle and/or bodily harm arising from proving the service through the Services prior to the arrival of the Service User.  Service Providers further agree to maintain and increase the insurance amounts, as needed, so as to carry all appropriate and adequate amounts through the end of the provided service.  Tbird recommends that Users carry all applicable travelers, liability, renters, homeowner’s, car, personal property and any other appropriate insurance to cover any losses to person and/or property during the time the service is being provided. Please contact your insurance broker, carrier or respective provider to be sure your coverage encompasses Service Users within the premises of your home, and car for the duration of the service. Subscribers agree to provide Tbird copies of relevant proof of coverage upon request. We strongly urge guests to consider travel insurance to help in the case of extenuating circumstances.

18.  Terms Specific for Service Providers

Applicable to all Listings

i.         Terms applicable to all Listings thought the Tbird Platform you must (i) provide complete and accurate information about your Service (such as dates, description, location, check in, check out times) ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply iii) keep your listing information up-to-date all the times.

ii.       You are responsible for coming into a price agreement with a Service User (including any Taxes if applicable). Once the negotiations are finalized, you may not request that Service User pays a higher price than what was agreed on.

iii.      Pictures (collectively, “Images”) used in your Listing must accurately reflect the quality and condition of your Service.

iv.     When negotiation is finalized and both parties (Service Provider and Service User) accept the price of the request, both sides enter into a legally binding agreement where Service Provider is required to provide a described service and Service User is required to pay for that service.

v.       Tbird recommends that Service Providers obtain appropriate insurance for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may offer for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Service Users (and their guests, if applicable) while staying at your Accommodation or booking an Experience, Event, or a Tour.

vi.     Service Providers must disclose whether Accommodation has any living pets in it and disclose it in the description box of the service.

Listing Tour, Experience, Event, or relatable Service

i.         To list a Tour, Experience, Event or other relatable Service, you must create your Listing under My Services. Tbird reserves the right to decide, in its sole discretion, if submitted Service can be published and used for sending offers to Service Users.

ii.       When listing a Tour, Experience, Event, or relatable Service you must fully inform and educate Service Users about i) any risks associated with that Service ii)any requirements for participation iii)anything else they may need to know to safely participate in this Service (including dress code, special certifications, licenses, and etc.)

iii.      You represent and warrant that you i) understand and comply with all laws, rules and regulations that may apply to your Tours, Experience, Event and other relatable Service and that you will ii) obtain any required licenses, permits, or registrations prior to providing your Tour, Experience, Event, or relatable Service.

iv.     You must provide Tour, Experience, Event or other relatable Service in person and may not allow any third party to provide Tour, Experience, Event or relatable Service on your behalf, unless authorized by Tbird.

v.       You agree that we may obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

Terms Specific for Drivers

By providing Services as a Driver on the Tbird Platform, you represent, warrant, and agree that:

i.         You hold a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.

ii.       You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

iii.      You will not engage in reckless behaviour while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of Tbird members or third parties.

iv.     You will only provide Services using the vehicle that you have disclosed in your Services and for which a photograph has been provided for Service Users. You will not transport more passengers than can securely be seated in such vehicle.

v.       You will not make any misrepresentation regarding Tbird, and the Tbird Platform, the Services as a Driver.

vi.     You will not, while providing the Services demand that any Service User pay in cash, or use a credit card reader, such as Square Reader, or accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

vii.    You will not attempt to defraud Tbird Platform or Service Users on the Tbird Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we will withhold applicable damage Fares, suspend your account, and report you to authorities.

viii.  You will make reasonable accommodation for Riders with a disability.

ix.     You will make reasonable accommodation for Riders and/or for service animals, as required by law.

x.       You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

xi.     You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.

xii.    You will pay all applicable federal, state, and local taxes based on your provision of Services and any payments received by you.

19.  Terms Specific for Service Users

i.         All applicable fees, including Taxes will be presented to you prior to booking a Service.

ii.       Once Service Provider and you (Service User) agree on a price and both confirm the deal, a legally binding agreement is formed between you and the Service Provider.  Tbird will preauthorize your credit card on the full amount agreed between you and Service Provider.

20.  Booking Accommodations

i.         You understand that a confirmed booking of an Accommodation is a limited license granted to you by the Service Provider to enter and use Accommodation, or part of Accommodation for the duration of your stay that was outlined in the Offer, during which the Service Provider retains the right to re-enter the Accommodation if needed.

ii.       You agree to leave the Accommodation no later than the checkout time and date that the Service Provider specifies in the Offer. If you stay past the agreed upon checkout time without Service Prover’s consent, you no longer have a license to stay in the Accommodation and the Service Provider is entitles to make you leave in a manner consistent with applicable law.

iii.      You agree to pay if requested by the Service Provider an Overstay Fee (additional nightly fee) if you do not checkout on the specific time and date outlined in your agreement.

21.  Booking Tours, Experiences, Event, and other relatable Services

i.         You should carefully review the description of the Service that is offered to you. You are required to inform the Service Provider of any medical or physical conditions, or other circumstances that may impact your safety in participating in a Tour, Experience, Event and/or relatable Services.

ii.       You are responsible for identifying, understanding, and complying with all laws, rules, and regulations that apply to your participation in the Service provided to you.

iii.      Before and during the booked Service, you must at all times adhere to the instructions of Service Provider.

iv.     You may not bring additional individuals to a booked Service unless additional individuals were included in your original request and were agreed upon with a Service Provider.

22.  Booking Modifications, Cancellations, and Refunds

Booking Modifications can only be made by messaging a Service Provider and receiving Service Provider’s consent.

A Service User may cancel a request through the app, however cancellation fee may apply when cancellation is with less than 24 hours prior to the start time of the service.

If you are a Service Provider and you cancel with less than 24 hours before the start of the service without providing a supporting documentation, the system will auto-generate negative review and lower your rating.

If you are a Service User and you cancel with less than 24 hours prior to the start of the service you will be charged full amount.

After requesting a service you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged in full if you decide to cancel with less than 24 hours prior to the start of the service. If Tbird Platform notices that you consistently cancel within a short time prior to the start of the service, it has an authority to lower your rating and auto generate negative review

TBIRD fee is non-refundable.

23.  Ratings and Reviews

i.         Within a certain time after the Service completion, Service Providers and Service Users can rate and review each other. Any ratings and/or reviews reflect the opinion of individual Users and do not reflect the opinion of Tbird Platform.

ii.       Ratings and reviews by Service Providers and Service Users must be fair, truthful, and factual and may not contain any offensive or defamatory language. Tbird Platform has zero tolerance towards offensive language and/or bullying and will permanently deactivate account of a User that violates it.

iii.      Users are strongly prohibited from manipulating reviews and ratings system in any manner, such as instructing a third party to write a positive or negative review about another User.

24.  Disputes Between Members

i.         As a Service User you are required to leave Accommodation, Transportation, or any Personal property of a Service Provider in a condition it was when it was provided to you at. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, excluding the Service Provider.

ii.       Users agree to cooperate and assist Tbird in good faith, and to provide Tbird with such information and take such actions as may be reasonably requested by Tbird, in connection with any Damage or other complaints or claims made by Service Providers. A User shall, upon Tbird’s reasonable request participate in mediation or a similar resolution process with another User, which process will be conducted by Tbird or a third party selected by Tbird or its insurer.

25.  Taxes

i.         As a Service Provider you are solely responsible for determining your obligations to report, collect, remit or include in your Price of a Service any applicable VAT or other indirect sales taxes, occupancy tax, transportation tax, tourist or other visitor taxes or income taxes (“Taxes”).

ii.       You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where you provide services such as accommodations, tours, transportation may require Taxes to be collected from Service Users or Service Providers on Listings, and to be remitted to the respective Tax Authority.

26.  Intellectual Property

All intellectual property right in the Tbird Platform shall be owned by Tbird absolutely and in their entirety. These rights include and are not limited to database right, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Tbird Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are non-confidential and shall become the sole property of Tbirdapp Ltd. Tbird shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

TBIRD and other Tbird logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Tbird in Canada and/or other countries where Tbird operates.

Tbird respects the intellectual property of others, and expects Users to do the same.

27.  Disclaimers

The following disclaimers are made on behalf of Tbird, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

If you choose to use the Tbird Platform and its’ Services, you do so voluntarily and at your sole risk.

Tbird does not provide transportation, accommodation, or/and tour services, and Tbird is not a transportation, accommodation, or/and tour carrier. It is up to a Service Provider to decide whether or not to offer services of accommodation, transportation, and/or tour through the Tbird Platform, and it is up to a Service Provider and Service User to negotiate for the price and accept each other’s offers.

We cannot ensure that a Service Provider will provide an arranged service. We have no control over the quality or safety of the service that occurs as a result of the Service.

The Tbird Platform is provided “as is”, without warranty of any kind, either express or implied.  We do not guarantee and do not promise any specific results from use of the Tbird Platform.

You agree that some Services may carry inherent risk, and by participating in those Services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your participation in Services. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor through the duration of the Service and to maximum extent permitted by law. You agree to release and hold harmless Tbird from all liabilities and claims that arise in any way from an injury, death, loss or harm that occurs to that minor during the Service or in any way related to your Service.

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.

We do not warrant that your use of the Tbird Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Tbird Platform will be corrected, or that the Tbird Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Tbird Platform or Services.

We cannot guarantee that each Service Provider or Service User is who he or she claims to be. Please use common sense when using Tbird Platform and Services, including looking at connected social media accounts to the profile of each user, photos, and reading reviews and ratings. Please note that even though Tbird is for Users who are over the age of 18, there is a possibility of Users acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access to the Tbird Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Service Provider or Service User through out build-in messenger prior to engaging in an arranged service.

Tbird is not responsible for the conduct, whether online or offline, of any User of the Tbird Platform or Services You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the accommodations, cars or during the tours of the Service Providers. By using the Tbird Platform and participating in the Services, you agree to accept such risks and agree that Tbird is not responsible for the acts or omissions of Users on the Tbird Platform or participating in the Services.

Tbird expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the Tbird Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Tbird Platform or through the Services. Please carefully select the type of information you post on your Tbird personal profile or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of the Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning Tbird or made available through the Tbird Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for each content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Tbird Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Tbird Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by Tbird is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Tbird, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data. Any information, including geolocation data, you upload, provide, or post on the Tbird Platform may be accessible to Tbird and Tbird Users.

You agree that some Services provided by Services Providers may carry inherent risk, and by participating in those Services, you choose to assume those risks voluntarily. For example, some Services provided by Service Providers may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services. You assume full responsibility for the choices you make before, during and after your participation in those Services. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of the Service and to the maximum extent permitted by law, you agree to release and hold harmless Tbirdapp Ltd. from any liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to you or to a minor during the Services that are provided to you by Service Providers.

Tbird advises you to use Tbird Platform with a data plan. Tbird shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Tbird Platform.

This paragraph is applied to any version of the Tbird Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Tbirdapp Ltd. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Tbird Platform. Tbird, not Apple, is solely responsible for the Tbird Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/), for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licenses Application End User License Agreement and this Agreement , the terms of this Agreement shall control.

28.  Limitation of Liability

IN NO EVENT WILL TBIRDAPP LTD., INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “TBIRD” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE TBIRD PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE TBIRD PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TBIRD PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, ACCOMMODATION, TOUR, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TBIRD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, ACCOMMODATION, OR TOUR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS.

UNLESS YOU RESIDE IN THE EU, 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 TBIRD PLATFORM AND COLLECTIVE CONTENT, YOUR PUBLISHING OR BOOKING OF ANY LISTING VIA THE TBIRD PLATFORM, YOUR STAY AT ANY ACCOMMODATION, PARTICIPATION IN TOUR, AND USE OF TRANSPORTATION SERVICES, OR USE OF ANY OTHER SERVICE IN ANY OTHER INTERACTION YOU HAVE WITH OTHER MEMBERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TBIRD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE TBIRD PLATFORM OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS 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 TERMS, (II) FROM THE USE OF OR LIABILITY TO USE TBIRD PLATFORM OR COLLECTIVE CONTENT, (III) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE TBIRD PLATFORM, OR (IV) FROM YOUR PUBLISHING OR BOOKING OF A LISTING, INCLUDING THE PROVISION OR USE OF A SERVICE PROVIDER SERVICES.

29.  Indemnification

You agree to release, defend, indemnify  and hold Tbirdapp Ltd. and its affiliates and subsidiaries, and their officers, directors, employees and agents, shareholders harmless from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of the Tbird Platform and participation in the Services, including: (I) your breach of this Agreement or the documents it incorporates by reference; (II) your violation of any law or the rights of a third party, (III) your interaction with any Member, stay at an accommodation, use of transportation, participation in a tour or other Services provided by Service Providers, including without limitation any injuries, losses or damages (whether compensatory, direct incidental, consequential or otherwise) of any king arising in connection with or as a result of such interaction stay, participation or use, (IV) your breach of any laws, regulations or third party rights, (V) any allegation that any materials that you submit to us or transmit through the Tbird Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party, (VI) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and or (VII) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

30.  Term and Termination

This Agreement is effective upon your creation of a User account.

This Agreement shall be effective for 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Tbirdapp Ltd. terminate the Agreement in accordance with this provision.

You may terminate this Agreement at any time by sending us an email. If you cancel your account, any confirmed booking(s) will be automatically cancelled and charges may apply.

Without limiting our rights specified below, Tbird may terminate this Agreement at any time via email to your registered email address.

Tbird may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payment Terms, Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Tbird believes in good faith that such action is reasonably necessary to protect the personal safety or property of Tbird, its Users, or third parties (for example in the case of fraudulent behaviour of a User).

Tbird may take any of the following measures (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 Terms, the Payment Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Tbird Account registration, listing process, or thereafter, (iv) you and/or your listings, or Service Providers services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings and/or Reviews on Tbird or Tbird otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Tbird believes in good faith that such action is reasonable necessary to protect the personal safety or property of Tbird, its Users, or third parties, or to prevent fraud or other illegal activity:

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

When this Agreement has been terminated, you are not entitled to a restoration of your Tbird Account or any of your User Content. If your access to or use of the Tbird Platform has been limited or your Tbird Account has been suspended or this Agreement has been terminated by us, you may not register a new Tbird Account or access and use the Tbird Platform through a Tbird Account of another User.

31.  Dispute Resolution and Arbitration Agreement

You and Tbird mutually agree that any dispute, claim or controversy arising of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Tbird Platform, the Services, or the Collective Content will be settled by binding arbitration.

This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in Canada; or (ii) do not reside in Canada, but bring any claim against Tbirdapp Ltd. in Canada.

Overview of Dispute Resolution Process. Tbird is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Tbird’s customer service team, and (2) a binding arbitration administered by the Canadian Arbitration Association (“CAA”) using its specially designed Consumer Arbitration Rules.

Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Tbird 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 Tbird’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.

Agreement to Arbitrate. You and Tbird mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Tbird Platform, its Services, or the Collective Content (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 applied to our Dispute, you and Tbird agree that the arbitrator will decide on that issue.

Exceptions to Arbitration Agreement. You and Tbird 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).

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 CAA in accordance with the Consumer Arbitration Rules (the “CAA Rules“) then in effect, except as modified here.

Modification of CAA Rules - Attorney’s Fees and Costs. Tbird holds the right to not recover your attorneys fees and expenses. If you decide to file to arbitration you acknowledge that you will cover all the fees and costs associated with it.

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.

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

No Class Actions or Representative Proceedings. You and Tbird 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 Tbird 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.

Changes. If Tbird changed this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms, you are held accountable to check back on the Terms. You may reject any such change by sending us written notice (by email) within (10) days of the date such change became effective. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Tbird in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changed to these Terms).

Survival. This section will survive any termination of these Terms and will continue to apply even if you stop using the Tbird Platform or terminate your Tbird Account.

32.  Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Tbird Platform (“Feedback”). You may submit Feedback by emailing us through the Contact section on our Website or through the Tbird Mobile App. 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.

33.  Applicable Law and Jurisdiction

If you reside in Canada, these Terms will be interpreted in accordance with the laws of Ontario, Canada, without regard to conflict-of-law provisions.

If you reside in China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement 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 Tbird 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.

If you reside outside of the United States and China, these Terms will be interpreted in accordance with Irish 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 Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Tbird 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 Irish courts.

34.  Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Tbird’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Tbird for your own use for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclose or use of Confidential Information of Tbird in order to prevent it from falling into the public domain.

35.   Relationship with Tbird

As a Service Provider on the Tbird Platform, you acknowledge and agree that you and Tbird are in direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Tbird expressly agree that (i) this is not an employment agreement and does not create an employment relationship between you and Tbird; and (ii) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Tbird, and you undertake not to hold yourself out as an employee, agent or authorized representative of Tbirdapp Ltd.

Tbird does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement, specifically, including in connection with your provision of Services. You retain the sole right to determine when, where and for how long you will utilize the Tbird Platform. You retain the option to accept, or to decline or to ignore Service Requests for Services via the Tbird Platform or to cancel an accepted request for the Services via the Tbird Platform, subject to Tbird’s then-current cancellation policies.

36.  General

36.1 Except as thy may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Tbird and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Tbird and you in relation to the access to and use of the Tbird Platform.

36.2  No joint venture, partnership, employment, or agency relationship exists between you and Tbird as a result of this Agreement or your use of the Tbird Platform.

36.3  These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

36.4  Tbird’s failure to enforce any right or provision in these 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 Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

36.5  You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Tbird’s prior written consent. Tbird may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

36.6  Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be in writing and given by Tbird via email, Tbird Platform notification, or messaging service.

36.7  If you have any questions about these Terms please email at info@tbirdapp.com

 

Last Updated: January 15, 2018

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