Terms and Conditions

1. Introduction

Welcome to Vizoly! Our platform, available through the website www.vizoly.com and our mobile app, serves as a vibrant marketplace where businesses offering outdoor activities can connect with users looking for authentic experiences.

This document, the Terms and Conditions ("Terms"), is intended to explain our obligations as a service provider and yours as a user, and it applies to all visitors, users, and others who access or use our service.

By accessing or using any part of our platform, you agree to be bound by these Terms. If you disagree with any part of the terms, you must not use our platform.

2. Definitions

In these Terms, the following terms shall have the meanings set out below:

• Platform: Refers to our website located at vizoly.com, our mobile application, and any related services provided by Vizoly FZ-LLC.
• User: Includes any individual or entity that interacts with our Platform, whether by registering an account or by browsing available services without registration.
• Service Provider: Refers to any third party, which may be a company or an individual, that lists services available for booking on our Platform.
• Content: Refers to text, graphics, images, music, software, audio, video, information, or other materials available through the Platform, including content uploaded by Users or Service Providers.
• Booking: The act of reserving services provided by Service Providers through the Platform.

3. User Accounts

Account Creation: Users must register for an account to access certain features of the Platform. During registration, you are required to provide truthful and accurate information and to keep this information up-to-date.

Account Responsibilities: You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of security.

4. Scope of Services

General Description: Vizoly operates as an intermediary platform that facilitates bookings of outdoor activity services provided by third-party Service Providers. Our services include providing a platform for Users to browse, interact with, and book these activities directly through Vizoly.

Service Limitations: While we strive to offer a broad range of activities, availability may depend on factors such as location, season, and Service Provider offerings.

5. Use of the Platform

Permitted Uses: Users are permitted to use the Platform for personal, non-commercial purposes. This includes browsing the Platform, engaging with content, and making bookings.

Prohibited Activities: Users must not use the Platform for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or to submit false or misleading information.

6. Fees and Payments

Fee Structure: Service Providers may charge fees for their services, which are disclosed at the time of booking. Vizoly charges a commission on these fees, which typically ranges from 10% to 30% for Service Providers and from 5% to 15% for Users in the form of booking fees.

Payment Methods: Payments are processed through our Platform using various payment methods offered, such as credit card, PayPal, or other electronic payment gateways. All financial transactions are encrypted and securely processed.

7. Bookings and Financial Terms

Booking Process: To make a booking, Users must select the desired service, confirm the time and date (if applicable), and complete the payment process. Upon successful booking, Users receive a confirmation via email or on the Platform interface.

Financial Obligations: Users are responsible for paying all fees associated with their bookings, including any applicable taxes and additional charges that may apply under certain circumstances, such as cancellation fees.

8. Cancellations and Refunds

Please refer to the Refunds and Cancellations Policy for more information on this section.

9. Provider Responsibilities

Service Quality and Compliance: Service Providers are expected to provide services that meet the standards advertised on the Platform and comply with all local regulations and laws applicable to their service offerings.

Accurate Descriptions: Service Providers must ensure that all descriptions of services, including availability, prices, and conditions, are accurate, complete, and up-to-date.

Handling User Disputes: Service Providers are responsible for addressing any user complaints or disputes related to the services provided, including issues related to service quality or specific terms of the service contract.

10. User Conduct

Respectful Interaction: Users must interact respectfully with other Users and Service Providers, refraining from abusive language, behavior, or making discriminatory remarks.

Compliance with Laws: Users must comply with all local, state, national, and international laws and regulations regarding their use of the Platform, including those pertaining to data privacy, international communications, and the transmission of technical or personal data.

Reporting Misconduct: Users are encouraged to report any misconduct or inappropriate behavior they observe on the Platform to Vizoly management for investigation and appropriate action.

11. Content

User-Generated Content: Users may upload content such as reviews, comments, videos, and photographs. By posting content, Users grant Vizoly a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content in connection with the services provided by the Platform.

Content Moderation: Vizoly reserves the right to review, edit, or remove any content that violates these Terms, is deemed offensive, or could create liability for Vizoly.

Intellectual Property of User Content: Users maintain ownership over their posted content but must ensure they have the necessary rights to use and share this content on the Platform.

12. Intellectual Property Rights

Ownership of Platform Content: Except for User-generated content, all content presented on the Platform, including text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of Vizoly FZ-LLC or its suppliers and is protected by copyright and other intellectual property laws.

License to Use Platform: Vizoly grants Users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these Terms.

Prohibitions: Users are prohibited from copying, modifying, distributing, selling, or leasing any part of our services or included software, nor may they reverse engineer or attempt to extract the source code of that software, without prior written permission from Vizoly.

13. Privacy and Data Protection

Personal Data: Vizoly is committed to protecting the privacy of its Users. Information collected by Vizoly is used in accordance with our Privacy Policy, which details how personal information is processed and protected.

Security Measures: Vizoly implements appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of personal data.

User Responsibilities: Users are responsible for safeguarding their login credentials and must notify Vizoly immediately of any breach of security or unauthorized use of their account.

14. Dispute Resolution

Contact Vizoly First: If a dispute arises from the use of the Platform, Users should first contact Vizoly to seek a resolution.

Arbitration: If the dispute cannot be resolved through direct negotiation, the parties agree to submit to final and binding arbitration under the Rules of Arbitration of the Dubai International Arbitration Centre.

Governing Law: These Terms will be governed by and construed in accordance with the laws of Dubai, UAE, without giving effect to any principles of conflicts of law.

15. Liability and Indemnification

Limitation of Liability: Vizoly shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from various circumstances detailed in the Terms.

Indemnification: You agree to defend, indemnify, and hold harmless Vizoly and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from your use and access of the Platform, breach of these Terms, or Content posted on the Platform.

16. Warranties and Disclaimers

General Disclaimer: The Platform and its content are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Warranties for Third-Party Services: Vizoly does not warrant that the Platform will function uninterrupted, secure or available at any particular time or location; any errors or defects will be corrected; the Platform is free of viruses or other harmful components; or the results of using the Platform will meet your requirements.

Activity Risks: Users acknowledge that the outdoor activities provided by service providers on the platform involve inherent risks of physical injury, illness, death, or property damage. By choosing to participate in such activities, Users expressly assume all related risks.

Service Provider Responsibility: Service Providers are solely responsible for the safety, quality, and all other aspects of the services they offer, including compliance with applicable laws and safety standards.

User Responsibility: Users are responsible for ensuring they are physically and medically fit for chosen activities and have necessary skills and equipment. They must comply with all instructions and safety guidelines from Service Providers.

Vizoly’s Role: Vizoly acts solely as an intermediary between Users and Service Providers and does not provide, own, or control any services offered by Service Providers. Issues related to activity conduct (e.g., accidents) are between User and Service Provider.

Limitation of Liability: Vizoly disclaims liability for incidents or negative outcomes resulting from activities booked through the platform. Neither Vizoly nor affiliates are liable for claims, injuries, or damages arising from booked activities.

17. Modifications to the Terms

Updates to Terms: Vizoly reserves the right to modify or replace these Terms at any time. Material revisions will be notified at least 30 days prior to taking effect.

User's Responsibility to Stay Informed: By accessing or using the Platform after revisions, you agree to be bound by the revised terms. Failure to agree means you're no longer authorized to use the Platform.

18. Termination and Account Cancellation

Termination by User: You may cancel your account anytime via Platform's account cancellation procedures.

Termination by Vizoly: Vizoly may terminate or suspend your account and bar access to the Platform immediately and without notice or liability, for any reason under our sole discretion, including breach of Terms.

Effects of Termination: Upon termination, your right to use the Platform ceases. You may discontinue use or follow account cancellation procedures.

19. Governing Law

Jurisdiction: These Terms are governed and construed in accordance with Dubai, UAE laws, without regard to conflicts of law provisions.

Legal Actions: Our failure to enforce any rights in these Terms isn't a waiver. If any provision is invalid, remaining provisions remain in effect.

20. Feedback and Complaints

Feedback System: Users are encouraged to provide feedback on services and experiences. Honest feedback helps us improve.

Complaints Handling: Send complaints to customer service via Platform contact information. We aim for prompt, fair resolution.

21. Third-Party Links and Services

Third-Party Services: Platform may link to third-party websites/services not owned or controlled by Vizoly.

No Endorsement: Vizoly isn't responsible for content, privacy policies, or practices of third-party sites/services. Use at own risk.

22. Force Majeure

General Clause: Vizoly shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Vizoly’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

Specific Examples: Such causes may include, without limitation, acts of God, natural disasters, terrorism, strikes, labor stoppages or disputes, riots, wars, supply chain disruptions, government actions, or power failures.

Notification and Mitigation: In the event of a force majeure, Vizoly will notify users promptly and will take all reasonable steps to minimize the impact on its service obligations.

23. Communications and Notifications

Method of Communication: All communications and notifications from Vizoly to you may be posted on the Platform or sent to you via the email address you provide during your registration. Ensure your contact information remains up to date.

User Communications: Any communication you send to Vizoly, including but not limited to feedback, questions, comments, suggestions, or the like, is non-confidential and will be treated as non-proprietary.

Electronic Notices: By using the Platform, you agree that all agreements, notices, disclosures, and other communications that Vizoly provides to you electronically satisfy any legal requirement that such communications be in writing.

24. Miscellaneous Provisions

Severability: If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms: Vizoly is permitted to revise these Terms at any time as it sees fit, and by using this Platform you are expected to review these Terms on a regular basis.

Assignment: Vizoly may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

25. Contact Information

General Inquiries: If you have any questions about these Terms, please contact us at:

• Email: support@vizoly.com
• Address: Vizoly FZ-LLC, Dubai Internet City, Dubai, UAE

Technical Support: For technical issues with the Platform, please use the contact details provided on the 'Support' or 'Contact Us' page of our website or app.

Legal Notices: Any formal legal notices should be sent to us at the address at the beginning of these Terms.