Vally

Terms of Service for Customers

Effective for all Customers as of November 18, 2024.

Table of Contents

  1. Relationship of the Parties
  2. Conditions for using the Service
  3. Platform Fee
  4. Right to cancel, mistakes and errors
  5. Intellectual Property Rights
  6. Access and Interference
  7. Privacy
  8. Limitation of Liability
  9. Termination
  10. Applicable Law and Forum
  11. Miscellaneous

These Terms of Service for Customers (“Terms of Service'') are between you, the person making use of the Service, (“you”, “your”, “Customer”) and Vally (“Vally”, “we”, “us”, or “our”), and describe your rights and responsibilities when using our online booking, reservation, and facilitated payments solution (the “Service”). Please read them carefully.

These Terms of Service are a legally binding contract between you and Vally, a comprehensive online booking and reservation solutions company for tourism businesses (“Provider” or “Providers”), that acts as a limited purpose payment agent on your behalf, allowing customers like you to book and pay for tourism reservations online. Upon completion of a booking or reservation, you confirm that you have read, understand, and agree to be bound by these Terms of Service along with any other terms that you’re provided with during the booking process.

Please note that your use of and access to the Vally services are subject to the following terms; If you do not agree to any of the following, you may not use or access the Vally services in any manner. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us via email at: [email protected]

1. Relationship between Vally, the Provider, and you

1.1 Upon using the Service to complete the reservation process and purchase a Provider’s product or service (“Booking”), you enter into a direct contractual relationship (the “Experience Contract”) with the Provider. Vally is not a party to the Experience Contract.

1.2 You agree that the Provider is solely responsible for (i) performing its obligations under the Experience Contract, and (ii) informing you of any relevant policies and practices that you are required to comply with.

1.3 Vally does not (i) exercise any control or authority over Provider, its employees, agents, or representatives; (ii) own, sell, furnish, provide, rent, manage, or control the Provider’s products and services; or, (iii) own or possess any right, title, or interest in Provider.

1.4 Vally and the Providers operate independently, and you agree that nothing in these Terms of Service shall be interpreted to create an association, joint venture, agency relationship, or partnership between Vally and a Provider.

1.5 Vally’s responsibilities are limited to providing the Service for your use, which includes (i) facilitating all payments for Bookings made using the Service, (ii) acting as a limited purpose payment agent on your behalf to collect the amount to be paid to the Provider under the Experience Contract for the purchased product or service (“Experience Fee”), and (iii) paying the Experience Fee to the Provider on your behalf. To fulfill these responsibilities, Vally engages with licensed payment service providers.

1.6 The Provider is solely responsible for the information regarding the Provider’s products and services that can be booked through the Service. More specifically: it is the Provider’s sole responsibility that the information provided to you regarding the Provider’s products and services (and the terms and conditions related thereto) is complete, correct, adequate, and current. Vally is not an agent or representative of the Provider, and makes no representations or warranties of any kind, whether expressed or implied, to you relating to information about the Provider’s products and services.

1.7 Vally offers the use of a platform that enables users to book services from registered Providers. We do not and cannot control the conduct of Clients or Providers. You acknowledge that Vally has the right, but does not have any obligation, to monitor the use of Vally’s services and platform and verify information provided by our Users. Users agree to cooperate with and assist Vally in good faith and to provide Vally with such information and take such actions as may be reasonably requested by Vally with respect to any investigation undertaken by Vally regarding the use or abuse of Vally’s services and platform. Vally is not acting as an agent for any User except for where Vally acts as a collection agent as provided for with this Terms of Service.

2. Conditions for using the Service

2.1 To the extent prohibited by applicable law, the Service is not intended for and should not be used by anyone under the age of eighteen (18). By using the Service, you represent that:

  1. you are at least eighteen (18) years old;
  2. you possess the legal authority to enter into binding legal obligations; and

iii. you will only use the Service to make a legitimate Booking for yourself or for another person for whom you are legally authorized to represent.

2.2 If you or the person making use of the Service makes a Booking for a third party, you or the person making use of the Service agree to assume responsibility for (i) informing the third party of the terms set out in the Experience Contract, and (ii) obtaining the third-party’s agreement to the terms of the Experience Contract;

2.3 You or the person making use of the Service agree to refrain from using the Service to circumvent any obligation to pay a fee to Vally, e.g., locating a Provider but completing the transaction using means other than the Service.

3. Platform Fee

3.1 Vally charges fees (that you agree to pay) for using the Service to obtain (and make payment for) a reservation for a Provider’s products or services (“Platform Fee”). The Platform Fee amount is displayed on the payment page. The Platform Fee displayed on the payment page reflects the total fees you pay for your deposit when purchasing a Provider’s products or services. This may or may not be the total fees paid for the booking based on many factors, such as deposit percentages and your choice of final payment with subsequent Platform Fees"

3.2 The Platform Fee is inclusive of any taxes and payment processing fees, if either are applicable.

3.3 The Platform Fee shall be collected from you together with the Experience Fee. The Experience fee is what you pay a Provider for their services.

3.4 The Platform Fee shall only be refunded in the event that a Service Provider cancels the Experience Contract. In such event, the Platform Fee and the Experience Fee will be refunded. In no event shall any Platform Fee be refunded for any cancellation made by or on behalf of the Customer.

3.5 Additional fees or charges may be imposed by your financial institution for international transactions.

4. Right to cancel, mistakes and errors

4.1 The information displayed on the Service may contain technical inaccuracies, typographical errors, or other discrepancies including, but not limited to, rates, fees, or availability in connection with your Booking. Because Providers control the information displayed in the Service, Vally cannot and does not endorse the accuracy of such information and makes no warranties or representation of any kind, whether express or implied. You agree that Vally is not responsible for any errors, inaccuracies, or omissions related to information displayed in the Service.

4.2 You agree that Vally has the right to make any changes, corrections, or cancellations to any errors, inaccuracies, or omissions in the Service (i) if requested to undertake such actions by the Provider, or (ii) if such actions are necessary to correct hardware or software error(s).

4.3 Vally is not responsible for communication failures, errors, difficulties, or other malfunctions, nor is it responsible for any lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Service. The Service may not be continuously available due to (i) maintenance or repairs,, (ii) disruptions in Internet service, or (iii) other unforeseen circumstances.

5. Intellectual Property Rights

5.1 Vally grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the content made available through the Service solely for the purposes it is being made available. This license does not include any collection and use of any images or third-party content on the Service; any derivative use of the Service or its contents; any downloading or copying of customer or account information for the benefit of a third party; or any use of data mining, robots, scraping or similar data gathering and extraction tools. Except as expressly permitted by these Terms of Service, the Service, or any portion thereof, may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Vally’s express written consent.

5.2 All of the content featured or displayed on the Service, including without limitation, text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by Vally, its licensors, vendors, agents or Providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available. You may not modify any of the materials nor copy, distribute, transmit, display, perform, reproduce, adapt, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. The Service, its Content and all related rights shall remain the exclusive property of Vally or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.

5.3 All trademarks, service marks and trade names of Vally used in the Service (including but not limited to: Vally’s name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of Vally or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without Vally’s prior written consent. Vally prohibits the use of the Marks as a link on or to any other website unless establishment of such a link is approved in advance. You shall not use Vally’s name or any language, pictures or symbols which could, in Vally’s judgment, imply Vally’s endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

5.4 From time to time, the Service may contain links to external websites that are not owned, operated, or controlled by Vally or its affiliates. All such links are provided solely as a convenience to you or the person making use of the Service. Neither Vally nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Vally and its affiliates do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If you or the person making use of the Service decide to access any other websites, this person does so entirely at their own risk.

6. Access and Interference

6.1 You will not:

  1. use any robot, spider, scraper, or other automated means to access the Service for any commercial purpose without express written permission of Vally or its licensors;
  2. take any action that imposes, or may impose in Vally’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;

iii. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or

  1. bypass any measures Vally may use to prevent or restrict access to the Service. Vally retains the right at its sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of these Terms of Service.

7. Privacy

7.1 Vally processes your personal information (e.g . financial data and full name) provided by you for the purposes as described in Section 1.5. Vally relies on the legal basis that the processing of your personal information is necessary for entering into and the performance of a contract. If you do not provide us with the required personal information, we are not able to provide you with the Service.

7.2 After providing the Service, your personal information will be shared with the Provider so the Provider can perform the Experience Contract. Your personal information will be processed further by the relevant Provider, in accordance with their own policies. For such processing of personal information, the relevant Provider is responsible as the data controller. Therefore, if you have a request or a complaint regarding the processing of your personal information by the Provider, please contact said Provider directly. In addition, we may share your personal information with third-party service providers who assist us in operating our Service, such as payment service providers and web hosting companies. Again, for such processing of personal information, the relevant third party is responsible as the data controller. Therefore, if you have a request or a complaint regarding the processing of your personal information by a third party, please contact said third party directly.

7.3 Vally will process your information for as long as our processing purpose and our legitimate interests in the documentation and keeping evidence require it or storage is a technical requirement unless Vally is legally required to keep your personal information, for example in connection with contractual obligations or supervisory and tax obligations. If there are no contrary legal or contractual obligations, we will delete or anonymize your information once the storage or processing period has expired as part of our usual processes.

7.4 We may transfer information to countries outside of your country of residence, which may have data protection laws and regulations that differ from those in your country. Any transfers of information originating from within the European Economic Area to countries outside the EEA will be made on the basis of the standard clauses approved by the European Commission, which may be found at the Commission’s website here, without prejudice to Vally’s right to conclude that another justification may also apply.

7.5 You have the rights of access; rectification; erasure; restriction on processing; objection to processing and portability. You can exercise those rights by contacting [email protected]. You also have the right to lodge a complaint with the competent supervisory authority.

7.6 Please also review Vally’s Privacy Policy

8. Limitation of Liability

8.1 Vally assumes no responsibility for and is not liable for any damages to computers, equipment or other property of you or the person making use of the Service caused by or arising from their access to, use of, or browsing of the Service, or their downloading of any information or materials from this Service.

8.2 In no event will Vally, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to you, the person making use of the Service, or anyone else for any indirect, punitive, or consequential damages (including but not limited to those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of using the Service (or the materials, information or other content contained on the Service) whether on the basis of contract or on any other legal basis.

8.3 In the event of any problem with the Service, you or the person making use of the Service agrees that their sole remedy is to cease using the Service.

8.4 In the event of any disputes or disagreements between you and the Provider, you agree (i) that the Provider is fully responsible and solely liable for any injuries, losses, or damages arising out of said disputes or disagreements, and (ii) that Vally assumes no responsibility and no liability for any injuries, losses or damages arising out of said disputes or disagreements.

8.5 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 any Service. If you are booking a Service for an additional guest who is a minor or if you bring a minor to a Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

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 Vally Service and any Content, including your use of any Service or any other interaction you have with other Customers whether in person or online. This means it is your responsibility to investigate a Service to determine whether it is suitable for you. For example, Services 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.

8.6 In no event shall Vally’s total liability to you or the person making use of the Service (whether based on contract or tort or otherwise) exceed in the aggregate the greater of (a) the Platform Fee, or (b) one hundred US Dollars ($100).

9. Termination

9.1 Vally may suspend or terminate the use of the Service at any time in case of a breach of the obligations under these Terms of Service by you or the person making use of the Service.

10. Applicable Law and Forum

10.1 These Terms of Service shall be exclusively governed by and construed in accordance with the laws of the United States of America. Any disputes arising out of or in connection with these Terms of Service shall exclusively be submitted to and dealt with by the competent court in Broward County, Florida, USA. Where applicable, mandatory national consumer protection laws of your country of residence may remain unaffected and you may make a claim in the courts of the country where you reside.

11. Miscellaneous

11.1 Messaging.  As part of Vally, you may receive communications through Vally, including messages that Vally sends you (for example, via email or SMS). By signing up for Vally and providing us with your wireless number you consent to this messaging, which may include Vally using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Vally, and you represent and warrant that each person you register for Vally or for whom you provide a wireless phone number has consented to receive communications from Vally. You agree to indemnify and hold Vally harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

11.2 These Terms of Service shall be exclusively governed by and construed in accordance with the laws of Florida, United States of America. Any disputes arising out of or in connection with these Terms of Service shall exclusively be submitted to and dealt with by the competent court in Broward County, Florida, USA.

11.3 You agree that any claim or cause of action under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Vally and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

11.4 Modification and Amendment. Vally reserves the right to modify or amend these Terms of Service at any time. Upon such modification or amendment, Vally will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account, communicating such information via the Service, or by other means. Any modifications to these Terms of Service will become effective on the date set forth in our notice. If you do not agree to any modification to the Terms of Service, you shall immediately stop all access to and use of the Service. Your continued use of the Service after any modification to the Terms of Service shall be deemed as your acceptance to the Terms of Service as modified.

11.5 Severability. If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect.

11.6 Entire Agreement. These Terms of Service and the Privacy Policy together constitute the entire agreement between you and Vally, govern your use of the Service, and supersede any prior understandings or agreements with respect to the same subject matter between you and Vally (written or oral).

11.7 Waiver.

Vally’s failure or delay to enforce any rights or provisions in these Terms of Service will not constitute a waiver of such provision or any other provision of these Terms of Service.

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