These terms govern the general use of the website offered by Spur Experiences at www.spurexperiences.com, including any associated mobile, social media, and affiliated sites owned by VEBO, Inc. DBA Spur Experiences. These terms constitute a binding legal agreement in electronic form between you (“Experience Provider”, “experience-provider”, “Provider”, “merchant”, “vendor”, “you”, “your”) and VEBO, Inc., a Colorado-based corporation DBA Spur Experiences (“vebo”, “VEBO”, “Spur Experiences”, Spur”, “we”, “us”, “our”). By using the site(s) and service(s), you agree to these terms.
2) Additional Agreements.
In addition to these Terms and Conditions, Experience Providers using Spur Experiences' site(s) and service(s) must also agree to the terms outlined in the document titled "General Terms and Conditions."
3) Experience Provider Account.
To offer experiences ("Experience," "Activity," "Offer"), Providers must create and maintain an active Experience Provider account ("Account") with Spur Experiences. Provider certifies that all information provided is accurate and current. Provider is responsible for safeguarding their account credentials and must notify Spur immediately of any unauthorized access or security breaches. Spur is not liable for any losses resulting from a Provider’s failure to manage their account appropriately. Spur reserves the right to approve or deny account creation at its sole discretion.
4) Creating Experience Offer(s).
Provider may list Offer(s) on Spur Experiences' platform. Spur retains the right to approve or deny any Offer at any time and for any reason. Provider is prohibited from listing: a) Goods or services that are illegal, b) Content that infringes on intellectual property rights. c) Material that is unlawful, hateful, threatening, vulgar, or otherwise objectionable.
Provider is responsible for defining the terms and conditions of their Offer and supplying accurate descriptions, including images and content. Spur may enhance listings with additional media from the Provider’s website, social media, or stock photography to meet content standards. Submission of an offer does not obligate Spur to accept or promote it. Offer price must be listed in USD at retail value without additional fees or markups.
5) Experience Price Changes.
The Provider reserves the right to change the price of an Offer at any time. Price changes will only apply to purchases made after the change has been implemented. The Provider agrees to honor the price at which the Offer was sold (minus Spur Experiences’ commission) for a period of no less than 12 months from the purchase date. In the event that an Offer is discontinued, the equivalent value of the voucher will be credited to the voucher holder’s e-wallet.
6) Reservation Cancellation.
Spur adheres to the cancellation policy established by the Provider. When creating an Offer, the Provider must specify a "Cancel By" date. Spur will publicly display the "Cancel By" date in the Offer description. Customers may cancel or reschedule reservations without penalty to either the customer or Spur if the cancellation occurs before this date. Cancellations made after the "Cancel By" date will result in payment to the Provider in accordance with the Payment Terms outlined in this agreement.
Provider acknowledges that Spur has no knowledge if a cancellation notice is given by the customer directly to Provider, or whether any such cancellation notice is sufficient under Provider’s policies or the terms of this agreement to relieve customer of the charges otherwise due; or any price adjustments negotiated directly between Provider and customer.
7) Experience Offer Deactivation.
Provider may deactivate an Offer at any time by notifying Spur in advance via email or by submitting a deactivation request through their account. Provider will either elect to honor already sold vouchers for future use or credit the full amount of the voucher to the voucher holder’s e-wallet. Spur reserves the right to deactivate an Offer at its discretion and for any reason. Deactivated Offers will be removed from Spur’s website immediately following approval.
8) Level of Service.
Provider agrees to provide the same level of service to the customer as if the customer were paying full retail price and in cash. This relates to the quality of service, availability, scheduling priority, and all other aspects related to the level of service to the end customer. Spur is not considered a discount retail shop, and Provider acknowledges that customers do not expect to receive anything less than the best service.
9) Third Party Providers.
Provider may subcontract portions of the Offer required by these terms to a third party (“Third Party Provider”). If Provider subcontracts or delegates to a Third-Party Provider with respect to fulfilling such Offer, Provider will remain solely responsible and liable for (a) all obligations, including financial obligations, under these terms and (b) all acts and omissions of Third-Party Provider. Provider shall require Third Party Provider to comply with all applicable restrictions and obligations imposed under these Terms, and Provider will be solely responsible for the financial and contractual relationship with their Third-Party Provider.
10) Assignment.
Provider may not assign or transfer any rights or delegate any responsibilities or obligations under these Terms without the prior written consent of Spur. Any attempt to do so without consent shall be void and unenforceable.
11) Responsibility for Fulfillment, Safety, and Insurance.
Provider acknowledges that Spur Experiences operates solely as a retail platform. Provider is solely responsible for fulfilling all Offers as listed and as reasonably expected. Provider must ensure that all services are safe and comply with applicable laws and regulations related to health, safety, fire, hygiene, and required insurance.
Provider represents and warrants that it maintains, at its own expense, liability insurance policies consistent with industry standards and sufficient to comply with applicable laws and obligations under these Terms. Upon request by Spur Experiences, Provider shall provide proof of such insurance and assurances that Spur Experiences is covered under the Provider’s policies for claims arising from these Terms or related Offers.
12) Spur Experiences’ Promotion of Experience(s) and License to Provider’s Content.
Spur Experiences is not obligated to promote any Offer. By submitting information, pictures, content and materials, the Provider grants Spur a non-exclusive, transferable, and irrevocable license to use such content for marketing or other purposes.
13) Experience promoted on Another (Distribution Partner) Site.
Offers may be listed and sold on Spur Experiences’ distribution partner platforms, including but not limited to The Knot, Zola, Sendoso, Postal, and Joy. To qualify for such listings, Providers must participate in Spur Experiences’ scheduling and electronic payment systems. Provider grants Spur Experiences a non-exclusive, royalty-free, worldwide license to use all submitted information, pictures, and other materials for marketing purposes related to the promotion and sale of Offers on Spur Experiences’ platforms and its distribution partner platforms. Spur Experiences incurs significant costs to establish and manage relationships with its distribution partners. As such, Providers agree not to sell directly through these distribution partners, bypassing Spur Experiences, for a period of 24 months from the date their Offers are last listed on Spur Experiences’ platforms and distribution partner platforms. Failure to comply with this restriction may result in the termination of the Provider’s relationship with Spur Experiences and any additional remedies available under applicable law.
14) Distribution of Vouchers.
Upon receiving full payment from the customer, Spur Experiences will provide the customer with a voucher via electronic, printable, or mailed formats. The voucher will specify restrictions or limitations, if applicable. Providers allowing walk-in redemptions are responsible for verifying the identity of voucher holders. Providers are liable for fraudulent use of vouchers if verification measures are not followed.
15) Payment Terms.
a) Pricing and Sales Commission
The Provider will list each Offer at a retail price on Spur’s website. Spur will collect payment from the customer and make the vouchers available for payment redemption by the Provider. Upon the customer redeeming the voucher and the Provider fulfilling the Offer, Spur will pay the Provider an amount equal to the retail price minus a 20% sales commission fee. This sales commission fee applies unless a different fee is specified in a separate written agreement.
b) Payment Timeline and Dispute Process
Payments from Spur to the Provider will be made within thirty (30) days of the customer’s confirmed reservation or after the Offer has been fulfilled. However, if the customer files a dispute with Spur within seven (7) days of redeeming the voucher, payment to the Provider will be withheld until the dispute is resolved. Spur will not be liable for any penalties, interest, or damages arising from withheld or delayed payments due to disputes or investigations.
c) Payment Conditions
In no case shall the Provider be entitled to payment prior to the customer redeeming the voucher and the Provider fulfilling the Offer.
d) Payment Methods
Spur will pay the Provider via electronic deposit or through the Provider’s designated reservation platform (e.g., FareHarbor, Rezdy, Peek). The Provider is responsible for maintaining accurate and up-to-date financial institution information on file with Spur. Failure to do so may result in delayed payments, for which Spur assumes no liability.
The Provider will list each Offer at a retail price on Spur’s website. Spur will collect payment from the customer and make the vouchers available for payment redemption by the Provider. Upon the customer redeeming the voucher and the Provider fulfilling the Offer, Spur will pay the Provider an amount equal to the retail price minus a 20% sales commission fee. This sales commission fee applies unless a different fee is specified in a separate written agreement.
b) Payment Timeline and Dispute Process
Payments from Spur to the Provider will be made within thirty (30) days of the customer’s confirmed reservation or after the Offer has been fulfilled. However, if the customer files a dispute with Spur within seven (7) days of redeeming the voucher, payment to the Provider will be withheld until the dispute is resolved. Spur will not be liable for any penalties, interest, or damages arising from withheld or delayed payments due to disputes or investigations.
c) Payment Conditions
In no case shall the Provider be entitled to payment prior to the customer redeeming the voucher and the Provider fulfilling the Offer.
d) Payment Methods
Spur will pay the Provider via electronic deposit or through the Provider’s designated reservation platform (e.g., FareHarbor, Rezdy, Peek). The Provider is responsible for maintaining accurate and up-to-date financial institution information on file with Spur. Failure to do so may result in delayed payments, for which Spur assumes no liability.
16) Taxpayer and Seller of Record.
Provider is the taxpayer and seller of record and must comply with all applicable tax laws. Provider shall be solely responsible for any tax liabilities, including, but not limited to, associated penalties, fees, or interest. All references to "tax" or "taxes" in this Agreement encompass all taxes and fees, including, but not limited to, sales tax, use tax, surcharge taxes, import or export duties, electronic waste recycling fees, and any other indirect taxes and fees. Under no circumstances will Spur verify whether the Provider is properly paying sales taxes to the appropriate authorities. Furthermore, Spur will not make sales tax payments on behalf of the Provider.
17) Collection of Applicable Taxes.
Provider may specify a sales tax percentage for Spur to collect at the point of sale. Spur will collect the sales tax amount entered by the Provider and remit the full amount to the Provider. The tax amount will be included in the payment made to the Provider.
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18) Spur Experiences’ Intellectual Property.
Spur retains ownership of all Spur Experiences branded content, including website materials, social media pages, and applications. Providers may use Spur’s branding to promote their Offers, subject to revocation by Spur at any time.
19) Customer Data.
Spur owns all data collected through its website(s), social media pages, applications, and any other method of collecting customer data. Spur Experiences shall not provide the Provider with customer data except to the extent necessary to fulfill the Offer to the customer, as determined by Spur Experiences.
20) Term and Termination.
These Terms are effective upon the Provider’s acceptance of or initial access to their account. They remain in effect until all related vouchers are redeemed, refunded, or exchanged. Spur Experiences may terminate these Terms at any time without notice. Upon termination, Spur Experiences will pay the Provider for fulfilled Offers not subject to disputes. Offers that have been purchased but not redeemed will be refunded or credited to the customer or user.
21) Indemnification.
By Experience Provider – You, at your sole cost and expense, shall defend, indemnify and hold Spur Experiences, its owners and employees, harmless from and against any third party claims, lawsuits, actions, proceedings or investigations against any expenses, fees, costs, penalties, damages, or losses (including but not limited to attorney’s fees and costs) (collectively, “Expenses”) arising out of or relating to any of the following: (a) your negligence, fraud, willful misconduct, or breach or alleged breach of these Terms; (b) any claim for state sales, use, hotel occupancy, or any other similar tax obligations (including any penalties, interest or other additions to tax) arising from the sale and subsequent redemption of a voucher; (c) to the extent applicable, any claim by any local, state or federal governmental entity for any unclaimed property regarding vouchers, including but not limited to, any claims for penalties and interest; (d) the Offer and/or services provided by you, including but not limited to, any claims for false advertising, injuries, illnesses, damages, or death.
22) Limitation of Liability.
Spur Experiences’ liability is limited to the fees owed to the Provider for purchased and fulfilled Offers, excluding any amounts related to Offers that are under dispute. Spur is not liable for any claims arising from the Provider’s goods or services, including but not limited to false advertising, injuries, illnesses, damages, or death.
Provider may specify a sales tax percentage for Spur to collect at the point of sale. Spur will collect the sales tax amount entered by the Provider and remit the full amount to the Provider. The tax amount will be included in the payment made to the Provider.
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18) Spur Experiences’ Intellectual Property.
Spur retains ownership of all Spur Experiences branded content, including website materials, social media pages, and applications. Providers may use Spur’s branding to promote their Offers, subject to revocation by Spur at any time.
19) Customer Data.
Spur owns all data collected through its website(s), social media pages, applications, and any other method of collecting customer data. Spur Experiences shall not provide the Provider with customer data except to the extent necessary to fulfill the Offer to the customer, as determined by Spur Experiences.
20) Term and Termination.
These Terms are effective upon the Provider’s acceptance of or initial access to their account. They remain in effect until all related vouchers are redeemed, refunded, or exchanged. Spur Experiences may terminate these Terms at any time without notice. Upon termination, Spur Experiences will pay the Provider for fulfilled Offers not subject to disputes. Offers that have been purchased but not redeemed will be refunded or credited to the customer or user.
21) Indemnification.
By Experience Provider – You, at your sole cost and expense, shall defend, indemnify and hold Spur Experiences, its owners and employees, harmless from and against any third party claims, lawsuits, actions, proceedings or investigations against any expenses, fees, costs, penalties, damages, or losses (including but not limited to attorney’s fees and costs) (collectively, “Expenses”) arising out of or relating to any of the following: (a) your negligence, fraud, willful misconduct, or breach or alleged breach of these Terms; (b) any claim for state sales, use, hotel occupancy, or any other similar tax obligations (including any penalties, interest or other additions to tax) arising from the sale and subsequent redemption of a voucher; (c) to the extent applicable, any claim by any local, state or federal governmental entity for any unclaimed property regarding vouchers, including but not limited to, any claims for penalties and interest; (d) the Offer and/or services provided by you, including but not limited to, any claims for false advertising, injuries, illnesses, damages, or death.
22) Limitation of Liability.
Spur Experiences’ liability is limited to the fees owed to the Provider for purchased and fulfilled Offers, excluding any amounts related to Offers that are under dispute. Spur is not liable for any claims arising from the Provider’s goods or services, including but not limited to false advertising, injuries, illnesses, damages, or death.