Terms of Service for Users
Section 23 of these Terms contains an arbitration agreement and class action waiver that apply to all claims brought against DoCurious in the United States and elsewhere. Please read them carefully.
Last Updated: January 29, 2024
AGREEMENT TO TERMS
Thank you for using DoCurious!
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The DoCurious Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book services. Members who list and offer products and services are “Providers”, Members who search for, book and purchase a challenge or other products are “Purchasers”, and those who use products and services are “Doers.” If a Purchaser and a Doer are the same person, either term may be used and describes both roles. Providers offer products and services such as goal-oriented challenges (“Challenges”), and a variety of other related products and services (collectively, “Provider Offerings,” and each Provider Product or Service offering, a “Listing”). A Challenge is an activity or experience that has a predefined mission or goal defined by the Provider, and to be accomplished by the Doer. We further distinguish between two different types of challenges: “Hosted Challenges” utilize the real-time physical or video presence and supervision by a Vendor or Vendor representative; the Vendor may or may not also provide any required venue, tools, and materials. “Autonomous Challenges” are undertaken by Doers utilizing Provider Products and/or Services, recorded audio or video, printed materials, settings, tools, and materials, but do not involve the real-time presence or supervision of the Vendor or a Vendor representative. Autonomous Challenges can further be classified into one of two types: “Online Challenges” in which most or all of the materials or instructions are provided by use of recorded content and telecommunications, and “Kit Challenges” in which most or all of materials and instructions are physically sent or provided to the Doer by the Provider. “Affiliate Challenges” are challenges that are listed on the DoCurious marketplace, but are purchased directly from another vendor, website, or marketplace rather than by going through the DoCurious checkout process. Since challenges may consist of a combination of hosted, online, and kit components, DoCurious reserves the right to decide a challenge’s specific classification and type for the purposes of its terms, conditions, and refunds.
You must register an account to access and use many features of the DoCurious Platform, and must keep your account information accurate. As the provider of the DoCurious Platform, DoCurious does not own, control, offer or manage any Listings or Provider Products or Services. DoCurious is not a party to the contracts entered into directly between Providers and Purchasers or Doers, nor is DoCurious a broker or insurer. DoCurious is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about DoCurious’ role see Section 16.
If you are a Provider, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Doer Services.
TABLE OF CONTENTS
- Our Mission.
- Searching and Booking on DoCurious.
- Cancellations, Travel Issues, Refunds and Booking Modifications.
- Your Responsibilities and Assumption of Risk.
- Providing on DoCurious.
- Managing Your Listing.
- Cancellations, Travel Issues, and Booking Modifications.
- DoCurious Platform Rules.
- Termination, Suspension and other Measures.
- Resolving Complaints and Damage Claims.
- DoCurious’ Role.
- Member Accounts.
- Disclaimer of Warranties.
- Limitations on Liability.
- Contracting Entities.
- United States Governing Law and Venue.
- United States Dispute Resolution and Arbitration Agreement.
Schedule 1 - Contracting Entities
- Our Mission.
Our mission is to help people expand their horizons and live full, satisfying lives by conquering real-life, goal-oriented challenges. We do this by connecting them to our challenge providers, each other, and a wide range of interesting people, places, knowledge, skills, and experiences that they might not otherwise encounter. Do something you’ve never done before – browse through millions of Listings to find challenges that intrigue you. Learn more about a Listing by reviewing the description and photos, the Provider profile, and Doer reviews. If you have questions, just message the Provider.
- Searching and Booking on DoCurious.
2.1 Searching. You can search for Provider Products and Services by using criteria like the type of Provider Service, location, available dates, and type of challenge. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous challenges and saved Listings, Provider requirements (e.g. in-person versus mail-order), and more.
2.2 Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like DoCurious’ service fee, Affiliate fees, taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that DoCurious, via DoCurious Payments or any other payment service (such as Stripe), may charge the Payment Method (as defined in the Payment Terms) used to book the Listing in order to collect Damage Claim (as defined in Section 15) amounts. When you receive the booking confirmation, a contract for Provider Products and/or Services (a "Reservation") is formed directly between you and the Provider. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Providers work with a co-Provider or as part of a team to provide their Provider Services.
2.3 Challenge Venue, Settings, Tools, and Materials. If it involves a setting and/or tools and materials that you do not own, a Challenge Reservation is a limited license to enter, occupy, and use the challenge setting, tools, and materials. The Provider retains all rights to the setting, tools, and materials: (i) permitted by your contract with the Provider, and (ii) consistent with applicable law.
2.4 Challenge Reservations and Other Provider Products and Services. A Challenge or other Provider Service Reservation entitles you to participate in, attend, or use the relevant Provider Products and Services. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Provider of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Provider Products or Services. Except where expressly authorized, you may not allow any person to join a Provider Service unless they are included as an additional Doer during the booking process.
2.5 Products and Services Availability. All Challenges, Products, and Services are subject to availability. We reserve the right to discontinue any Challenges, Listings, Products, and Services at any time for any reason. Prices for all Challenges, Products, and Services are subject to change.
- Cancellations, Refunds and Booking Modifications.
3.1 Cancellations, Travel Issues, and Refunds. In general, if as a Doer you cancel a Reservation, the amount refunded to you is determined by the Provider’s cancellation policy that applies to that Reservation. However for a Hosted Challenge listed for a specific date and time, you must cancel at least 48 hours prior to the appointment date and time to receive a refund. In certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Provider cancels, you may be eligible for rebooking assistance or a partial or full refund under the Refund Policy for Challenges. See each Additional Legal Terms or Policies for details about what is covered, and what refund applies in each situation.
3.2 Booking Modifications. Doers and Providers are responsible for any booking modifications they agree to make via the DoCurious Platform or direct DoCurious customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
- Your Responsibilities and Assumption of Risk.
4.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Challenge or other Provider Product or Service. For example, this means: (i) you are responsible for leaving a challenge venue (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damage that you, your Doer(s), or your pet(s) cause to an challenge venue, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for a Doer who is a minor or if you bring a minor to a Provider Service or venue, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the DoCurious Platform and any Content (as defined in Section 10), including your participation in any Challenge, use of any other Provider Product or Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Provider Product or Service to determine whether it is suitable for you. For example, Provider Challenges, Products, and Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to utilize and participate in those Provider Services or use of the Products.
- Being a Provider on DoCurious.
5.1 Provider. As a Provider, DoCurious offers you the right to use the DoCurious Platform to share your Challenge or related Provider Products and Services with our vibrant community of Doers - and earn money doing it. It’s easy to create a Listing and you are in control of how you Provider - set your price, availability, and rules for each Listing.
5.2 Contracting with Doers. When you accept a booking request, or receive a booking confirmation through the DoCurious Platform, you are entering into a contract directly with the Doer, and are responsible for delivering your Provider Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees that may apply to you like DoCurious’ service fee, Affiliate fees and applicable local, state, or federal taxes or fees incurred for each booking. DoCurious Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms, policies or conditions that you include in any supplemental contract with Doers must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
5.3 Independence of Providers. Your relationship with DoCurious is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of DoCurious, except that DoCurious Payments acts as a payment collection agent as described in the Payments Terms. DoCurious does not direct or control your Provider Service, and you agree that you have complete discretion whether and when to provide Provider Services, and at what price and on what terms to offer them.
- Managing Your Listing.
6.1 Creating and Managing Your Listing. The DoCurious Platform provides tools that make it easy for you to set up and manage a Listing of Challenges or other related products and services. Your Listing must include complete and accurate information about your Provider Service, your price, other charges like material or equipment fees, license fees, and any rules or requirements that apply to your Doers or Listing. You are responsible for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Provider Services and suggest you carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one Listing per Provider Challenge or Service, but may have multiple Listings for separate Provider Services. Any offer of a Provider Service is subject to our Additional Terms for Hosted Challenge Providers.
6.2 DoCurious Exclusive Challenges. DoCurious Exclusive Challenges (“DoCurious Exclusives”) are challenges that are offered for sale or distribution only on the DoCurious platform. Offering a challenge as a DoCurious Exclusive may have a variety of benefits for the challenge Provider, such as preferential placement, marketing, promotion, or other preferences. Once your Challenge is entered and listed on the DoCurious Platform, you may be given the opportunity to designate it as a DoCurious Exclusive. By giving your Challenge the DoCurious Exclusive designation, you agree that only people who purchase through DoCurious (or were designated as a Doer or recipient for a booking through the DoCurious Platform) can obtain (if a Kit or Online Challenge) or attend (if a Hosted Challenge) that Challenge. DoCurious reserves the right to remove the DoCurious Exclusive designation at its sole discretion.
6.3 Setting the Price for You Challenges. When you list your challenges on the DoCurious platform, you agree that you will not offer the same or similar challenge or experience to purchasers elsewhere for a price that is lower than the total price that they will find on the DoCurious platform, including all DoCurious Service and Affiliate fees and charges for materials, equipment, license fees, etc. This includes offering the same or similar challenge or experience either through your own business or on any other platform. Offering the same or similar challenge or experience elsewhere at a lower price may, at DoCurious’ sole discretion, result in having your challenge delisted or removed from the DoCurious platform.
6.4 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Provider Services. For example: Some landlords and leases restrict or prohibit events or public access. Some cities have zoning or other laws that restrict activities on certain types of properties. Some jurisdictions require Providers to register, get a permit, or obtain a license before providing certain Provider Services (such preparing food, serving alcohol, guiding activities, or operating a vehicle). In some places, the Provider Services you want to offer may be prohibited altogether. Some jurisdictions require that you register Doers who use or take part in your Services. Check your local rules to learn what rules apply to the Provider Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Doers and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.
6.5 Search Ranking. The ranking of Listings in search results on the DoCurious Platform depends on a variety of factors, including these main parameters:
- Doer search parameters (e.g. number of Doers, type, time and duration of the Service, price range),
- Listing characteristics (e.g. price, calendar availability, number and quality of images, Reviews, type of Provider Service, Provider status, age of the Listing, average Doer popularity),
- Doer booking experience (e.g. customer service and cancellation history of the Provider, ease of booking),
- Provider requirements (e.g. minimum or maximum requirements with respect to Doer age, sex, status, qualifications, booking cut-off time), and
- Doer preferences (e.g. previous Challenges, saved Listings, location from where the Doer is searching).
Search results may appear different on our mobile application than they appear on our website. DoCurious may allow Providers to promote their Listings in search or elsewhere on the DoCurious Platform by paying an additional fee.
6.6 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Provider Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description.
6.7 Providering as a Team or Organization. If you work with a co-Provider or Provider as part of a team, business, or other organization, the entity and each individual who participates in providing Provider Services is responsible and liable as a Provider under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct DoCurious to transfer a portion of your payout to a co-Provider or other Providers, or to send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6.8 Your Assumption of Risk. You acknowledge that Providering carries inherent risks (including but not limited to personal or reputational injury, property damage, and theft) and agree that you assume the entire risk arising out of your access to and use of the DoCurious Platform, offering Provider Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the DoCurious Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Provider Services and that you are not relying upon any statement of law made by DoCurious.
- Cancellations, Travel Issues, and Booking Modifications.
7.1 Cancellations. In general, if a Doer cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a Provider, you should not cancel on a Doer without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Doer without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) an Extenuating Circumstance arises, or (ii) a challenge reservation is canceled under Section 13 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Doer, and by any other reasonable costs we incur as a result of the cancellation. If a Doer receives a refund after you have already been paid, or the amount of the refund and other costs incurred by DoCurious exceeds your payout, DoCurious (via DoCurious Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that DoCurious’ Refund Policy for Challenges, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Challenge Reservation and/or the issuance of refunds to Doers. If we reasonably expect to provide a refund to a Doer under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made.
7.2 Booking Modifications. Providers and Doers are responsible for any Booking Modifications they agree to make via the DoCurious Platform or direct DoCurious customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8.1 Provider Taxes. As a Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, sales or service taxes, tourist, income, or other taxes ("Taxes").
8.2 Collection and Remittance by DoCurious. In jurisdictions where DoCurious facilitates the collection and/or remittance of Taxes on behalf of Providers, you instruct and authorize DoCurious to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by DoCurious are identified to Members on their transaction records, as applicable. DoCurious may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by DoCurious is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that DoCurious may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Provider Services to facilitate accurate tax reporting by you, our Doers, and/or their organizations.
After each Provider Service, Doers and Providers will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by DoCurious for accuracy and may be incorrect or misleading.
DoCurious may charge fees (and applicable Taxes) to Providers and Doers for the right to use the DoCurious Platform. More information about when service fees apply and how they are calculated can be found on our Subscription and Service Fees page. Except as otherwise provided on the DoCurious Platform, service fees are non-refundable. DoCurious reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 13.2.
- DoCurious Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the DoCurious Platform
- Do not use bots, crawlers, scrapers, or other automated means, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools to access or collect data or other content from or otherwise interact with the DoCurious Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the DoCurious Platform or Content.
- Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the DoCurious Platform.
- Only use the DoCurious Platform as authorized by these Terms or another agreement with us
- You may only use another Member’s personal information as necessary to facilitate a transaction using the DoCurious Platform as authorized by these Terms.
- You may use Content made available through the DoCurious Platform solely as necessary to enable your use of the DoCurious Platform as a Doer or Provider.
- You may not:
- Use the DoCurious Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Request, make, or accept a booking or any payment outside of the DoCurious Platform to avoid paying fees, taxes or for any other reason.
- Require or encourage Doers to open an account, leave a review, complete a survey, or otherwise interact with a third party website, application or service before, during or after a Reservation, unless authorized by DoCurious.
- Engage in any practices that are intended to manipulate our search algorithm.
- Book Provider Services unless you are actually using the Provider Services.
- Use, copy, display, mirror or frame the DoCurious Platform, any Content, any DoCurious branding, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- Read and follow our Terms, Additional Legal Terms, Policies, and Standards.
- Do not use the name, logo, branding, or trademarks of DoCurious or others without permission, and only as set forth in our Trademark Guidelines.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with DoCurious branding.
- Do not offer Provider Services that violate the laws or agreements that apply to you.
12.2 Reporting Violations. If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting DoCurious. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to DoCurious. If you reported an issue to local authorities, DoCurious may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the DoCurious Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
- Termination, Suspension and other Measures.
13.1 Term. The agreement between you and DoCurious reflected by these Terms is effective when you access the DoCurious Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email to email@example.com or by deleting your account. DoCurious may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. DoCurious may also terminate this agreement immediately and without notice and stop providing access to the DoCurious Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect DoCurious, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
13.3 Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Doer or Provider Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) DoCurious believes it is reasonably necessary to protect DoCurious, its Members, or third parties; DoCurious may, with or without prior notice:
- suspend or limit your access to or use of the DoCurious Platform and/or your account;
- suspend or remove Listings, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as DoCurious determines in its sole discretion, you will be given notice of any intended measure by DoCurious and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Provider will be reduced by the amount we refund or otherwise provide to the Doer, and by any other costs we incur as a result of the cancellation.
13.4 Legal Mandates. DoCurious may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Provider and terminate your DoCurious account, any confirmed booking(s) will be automatically canceled and your Doers will receive a full refund. If you terminate your account as a Doer, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the DoCurious Platform has been limited, or your DoCurious account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the DoCurious Platform through an account of another Member.
13.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 26.
DoCurious may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the DoCurious Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the DoCurious Platform will constitute acceptance of the revised Terms.
- Resolving Complaints and Damage Claims.
If a Member provides valid evidence that you or any Doer(s) covered by your purchase, damaged the complaining Member’s real or personal property, or real or personal property the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify DoCurious and/or seek compensation from you. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to DoCurious and DoCurious determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, DoCurious via DoCurious Payments can collect the amount of the Damage Claim from you. You agree that DoCurious may seek to recover from you under any insurance policies you maintain and that DoCurious may also pursue against you any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information DoCurious requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Provider Services.
- DoCurious’ Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Provider Services. While we work hard to ensure our Members have great experiences using DoCurious, we do not and cannot control the conduct of Doers and Providers. You acknowledge that DoCurious has the right, but does not have any obligation, to monitor the use of the DoCurious Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the DoCurious Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that DoCurious administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards (such as DoCurious Challenge standards and requirements), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist DoCurious in good faith, and to provide DoCurious with such information and take such actions as may be reasonably requested by DoCurious with respect to any investigation undertaken by DoCurious regarding the use or abuse of the DoCurious Platform. DoCurious is not acting as an agent for any Member except for where DoCurious Payments acts as a collection agent as provided in the Payments Terms.
- Member Accounts.
You must register an account to access and use many features of the DoCurious Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 13 years old or older. If you are under 13 years old a parent or legal guardian must create and manage your account for you. You represent and warrant that you are not a person or entity barred from using the DoCurious Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify DoCurious if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
- Disclaimer of Warranties.
We provide the Site, DoCurious Platform, and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Doer, Provider, Provider Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the DoCurious Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Listing being "verified" (or similar language) indicate only that the Member or Listing or DoCurious has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
- Limitations on Liability.
Neither DoCurious (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the DoCurious Platform or any Content 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 Terms, (ii) the use of or inability to use the DoCurious Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the DoCurious Platform, or (iv) publishing or booking of a Listing, including the provision or use of Provider Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not DoCurious has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Providers under these Terms, in no event will DoCurious’ aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the DoCurious Platform, any Content, or any Provider Service, exceed: (A) to Doers, the amount you paid as a Doer during the 12-month period prior to the event giving rise to the liability, (B) to Providers, the amount paid to you as a Provider in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of the agreement between you and DoCurious. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at DoCurious’ option), indemnify, and hold DoCurious (including DoCurious Payments, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, and their personnel) 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 use of the Site, (ii) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (iii) your improper use of the DoCurious Platform, (iv) your interaction with any Member, use of or participation in any Provider Challenge, Product, or Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (v) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (vi) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- Contracting Entities.
Based on your country of residence or establishment and what you are doing on the DoCurious Platform, Schedule 1 below sets out the DoCurious entity with whom you are contracting by using the Site. If we identify through the DoCurious Platform, an DoCurious entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the DoCurious entity so identified is your contracting entity with respect to that product, feature or transaction.
- United States Governing Law and Venue.
These Terms will be interpreted in accordance with the laws of the State of Delaware 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 Delaware, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Delaware.
- United States Dispute Resolution and Arbitration Agreement.
23.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against DoCurious in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
23.2 Overview of Dispute Resolution Process. DoCurious 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 this Section 23 applies: (1) an informal negotiation directly with DoCurious’ customer service team (described in paragraph 23.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and DoCurious each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and DoCurious each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to DoCurious by mailing it to DoCurious’ agent for service: White Summers, 805 SW Broadway, Suite 2440, Portland, OR 97205, Attn: DoCurious Legal. DoCurious will send its notice of dispute to the email address associated with your DoCurious account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
23.4 Agreement to Arbitrate. You and DoCurious mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the DoCurious Platform, Provider Services, or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and DoCurious agree that the arbitrator will decide that issue.
23.5 Exceptions to Arbitration Agreement. You and DoCurious each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the DoCurious Platform or Provider Services. You and DoCurious agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
23.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, DoCurious Payments agrees that any required arbitration hearing may be conducted via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.
23.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
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 any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded 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 DoCurious 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 DoCurious acknowledge and agree that, to the fullest extent permitted by law, 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 or consolidated proceeding. Unless we 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 there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
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 will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
23.13 Changes to Agreement to Arbitrate. If DoCurious changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and DoCurious (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and DoCurious.
23.14 Survival. Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the DoCurious Platform or terminate your DoCurious account.
27.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between DoCurious and you pertaining to your access to or use of the DoCurious Platform and supersede any and all prior oral or written understandings or agreements between DoCurious and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and DoCurious. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
27.3 No Waiver. DoCurious’ 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.
27.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without DoCurious' prior written consent. DoCurious may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
27.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by DoCurious via email, DoCurious Platform notification, messaging service (including SMS and WeChat), or any other contact method we enable and you provide.
27.6 Third-Party Services. The DoCurious Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. DoCurious is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
27.7 Google Terms. Some translations on the DoCurious Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the DoCurious Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
27.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
27.9 DoCurious Platform Content. Content made available through the DoCurious Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of DoCurious and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the DoCurious Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, DoCurious grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the DoCurious Platform and accessible to you, solely for your personal and non-commercial use.
27.11 Force Majeure. DoCurious shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
27.12 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your DoCurious account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a DoCurious account. In the U.S. if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
27.13 Contact Us. If you have any questions about these Terms please email us at: firstname.lastname@example.org.
SCHEDULE 1- CONTRACTING ENTITIES
- Your Place of residence or establishment: United States
- Your activity on the DoCurious Platform: Booking or offering Provider Services and Products.
- DoCurious contracting Entity: DoCurious, Inc.
- Contact information: White Summers, 805 SW Broadway, Suite 2440, Portland, OR 97205