Last Updated: 8 November 2021
These Travel Verified LLC (dba The 1000 and associated names) Terms and Conditions (the “Terms”) is a legally binding agreement by and between an individual user or entity (“you”, “your”, and “user”) accessing or using websites of Travel Verified LLC (including but not limited to the1000.club), the related software and services (collectively, the “Platform”) and the owner and operator of the Platform, namely, Travel Verified LLC, dba The 1000 and associated names, having an address at 1000 Brickell Avenue, Suite 715 PMB 5161, Miami, Florida 33131, USA (the “Owner”, “we,” “us,” and “our”). These Terms apply to the Platform only; the Terms do not apply to any third-party software, websites, and services integrated with the Platform. You must agree to all provisions of these Terms to be eligible to access or use the Platform. If you do not agree with one or more provisions of these Terms, you are not allowed to use the Platform.
- Accounts
- Registration and acceptance. To use the full functionality of the Platform, you must create a user account (the “Account”). During the registration process, you will be asked to submit your personal details (e.g., full name, email address, phone number, mailing address, and business information), read the Travel Verified Privacy Policy, and accept these Terms. We reserve the right to decline the registration of any Account for any reason whatsoever, at our sole discretion.
- Account eligibility. By registering the Account, you acknowledge and agree that:
- You have read the documents specified in section 1.1 and agree to abide by these Terms;
- You agree to comply with all provisions of these Terms and all applicable laws;
- You have the capacity to conclude legally binding agreements;
- You will provide full, complete, and accurate information, including personal data, and agree to amend it as soon as any changes occur;
- You will be solely responsible for any activity that occurs through your Account and you shall not hold us liable in this regard, for any reason whatsoever;
- You are not under any type of judicial interdiction;
- You will register a single Account (multiple Accounts registered by the same person or entity are not allowed); and
- You are a human individual or an individual acting on behalf of a business entity, and not a machine (machine-generated Accounts are not allowed).
- Authorisation. If you act on behalf of a business entity in accepting these Terms or registering the Account, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to these Terms. By creating the Account and providing details of a business entity, you confirm that you are an authorised employee, contractor, or representative of the business entity and have the necessary rights and authority to act on behalf of that entity. We are not responsible in any manner and bear no liability for your activities carried out without such authorisation.
- The Profile. To complete the registration of the Account, you will be requested to complete your user profile (the “Profile”). You acknowledge and agree the Profile can be visible to other users of the Platform and Internet users, unless you adjust your privacy settings accordingly. You must (i) provide true, complete, accurate, and up-to-date information when completing your Profile and (ii) update the Profile information as soon as any changes thereto occur. You are not allowed to provide any information about yourself or any third parties that is false, misleading, defamatory, or erroneous, including, without limitation, information about your identity, location, skills, professional experience, clients, certifications, business, or the services that you provide. We do not verify all Profile information and, therefore, we are not responsible for the truthfulness, completeness, and accuracy of the said information. We reserve the right to suspend or terminate any Account or Profile that provides false or misleading information or otherwise violates any provision of these Terms. The Platform provides general information about the users and displays the Profiles as created by the users. We do not endorse any users of the Platform and the Platform features only a limited list of the available service providers in the given area.
- Identity and location verification. We reserve the right but are not under obligation to verify the Accounts and the Profiles, including, without limitation, verifying the identity, location, payment methods, and email addresses, during the registration of the Account or from time to time thereafter. The verification may include requesting official documents (e.g., government issued ID) confirming your identity, location, and authorisation to act on behalf of a business entity. You agree to supply us the requested information to keep your Account active. We reserve the right to temporarily suspend your Account during the verification process and terminate the Account if the verification fails.
- Purpose of the Platform
- Your relationship with us. The Owner provides the Platform for the purpose of facilitating transactions between the users, including exchanging travel advice, information, and negotiating and concluding travel service contracts (the “Service Contract”) by and between the users (the “Contractors”). If the users decide to enter into the Service Contract as a result of their communication through the Platform, they are deemed to be the Contractors. We do not intervene into the communication between the Contractors as well as negotiation, conclusion, and execution of the Service Contracts. Unless explicitly specified otherwise on the Platform, our responsibilities with regard to the Service Contracts are limited to facilitating the availability of the Platform. By using the Platform, users acknowledge and agree that the Contractors and not the Owner are solely responsible for providing or commissioning services under the Service Contracts and any information or warranties related thereto. We are not a party to the Service Contracts and, therefore, we are not liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Service Contracts and any business transactions made between the Contractors as a result of their interactions through the Platform. The Contractors are entitled to (i) enter into additional agreements governing the Service Contracts (e.g., non-disclosure agreements) and (ii) agree on the terms and conditions of the Services Contracts, provided that (a) the agreed terms shall not expand or amend these Terms and (b) in case there is a conflict between the terms of the Service Contract and these Terms, the Terms shall prevail.
- Responsibilities of the Contractors. The Contractors are solely responsible for:
- Ensuring that they are qualified in providing or commissioning services (whichever relevant) under the Service Contracts;
- Preparing, negotiating, concluding, and executing the Service Contracts; and
- Cooperating with the Owner in any audits by providing information and records about the Service Contracts, invoices, tax returns, and other financial reports issued under the Service
- Fees, taxes and benefits. The users are responsible for paying all fees, tax and duties with regard to the Service Contracts as applicable in their respective jurisdictions; the Owner does not withhold any taxes related thereto. The Contractors are solely responsible for:
- Accepting and paying the fees under the Service Contracts;
- Paying all applicable taxes, levies, duties, and other fees associated with payments made or received under the Service Contracts;
- Obtaining appropriate insurance related to the commissioned or provided services (e.g., liability, health, compensation, social security, disability, and unemployment) and making sure that the terms and conditions of the insurance policy do not contravene to the Terms;
- Determining whether necessary and, if necessary, issuing invoices for any the services rendered under the Service Contracts;
- Determining whether necessary and, if necessary, paying value added tax (or its equivalent) in the user’s jurisdiction, maintaining records as required by tax authorities, and submitting records to relevant authorities, as appropriate; and
- Upon the Owner’s request, cooperating with the Owner in any audits by providing information and records about the Service Contracts, business activities, invoices, tax returns, and other financial reports related to the transactions on the Platform.
- Feedback. The users are entitled to leave feedback about other users of the Platform in the form of reviews, comments, indicators of satisfaction, or ratings (collectively, the “Feedback”). None of the references provided by the Owner or the users of the Platform in relation to any user of the Platform, including the Feedback, represents endorsement, certification or guarantee about any user, as well as the information or services provided by that user. The said references are based solely on unverified data that the users voluntarily provide; the Platform features references solely for the convenience of the users. We strongly encourage the users not to conclude any Service Contracts if the users have any doubts or concerns pertaining to other users. The users acknowledge and agree that:
- The Feedback will be available to all users of the Platform and a part of it may also be visible to the Internet users that are not registered on the Platform;
- The Feedback must not contain any false, misleading, defamatory or unlawfully disclosed information;
- The Owner does not control, monitor, influence, contribute to or censor the Feedback;
- The Owner is not responsible for the accuracy of the Feedback, even if the information in the Feedback violates these Terms;
- The Owner reserves the right but is not under any obligation to remove the Feedback that, in the Owner’s sole judgement, violates these Terms or has an adverse effect on the reputation of the Platform or our business interests; and
- The Feedback cannot be used for making employment, credit, underwriting, or similar decisions regarding the users.
- Disclosure of proprietary information. The users are solely responsible for the information that the users exchange through the Platform or disclose to the Owner, including, without limitation, any confidential or proprietary information. The user hereby recognises, acknowledges and agrees that it is the user’s sole responsibility to obtain all necessary permissions and authorisations to share such information. The user shall not reveal, divulge or make known to any person any information that the user is not authorised to reveal, divulge or make known. The Owner shall not be liable in any manner for user’s breach of this section.
- Contractual Relationships Between the Contractors
- Service Contracts. If the Contractors decide to enter into the Service Contract through the Platform, the Service Contract is the contractual relationship between the Contractors and the Contractors have complete discretion with regard to whether to enter into the Service Contract and the terms of the Service The Contractors acknowledge and agree that we are not a party to the Service Contracts and the formation of the Service Contracts does not create employment, partnership, joint venture, or other service relationships between the Contractors and us. The Contractors are entitled to enter into any agreements as they deem to be appropriate (e.g., confidentiality or assignment agreements), provided that such agreements do not conflict with, narrow, or expand these Terms.
- Checks of the users. The users are solely responsible for carrying out appropriate checks regarding other users, including, without limitation, their relevant trade and industry accreditations, qualifications, legal authorisations, the scope of insurance, and availability schedule prior to concluding the Service
- Abuse of the Service Contracts. The users agree to report any abuse related to the Service Contracts without undue delay to us. We reserve the right but are not under any obligation to investigate the reported abuse and impose proportional sanctions on the user suspected to abuse. We shall not be responsible for any late or incorrect reporting of abuse.
- Disputes between the users. We are not responsible for any disputes that arise between the users, nor are we obliged to receive or process complaints against the users of the Platform or resolve disputes between the users, unless the complaint concerns the performance of our legal or contractual obligations under these Terms. In case you intend to obtain an order from any arbitrator or any court that might direct us to take any action regarding the dispute, you agree to: (i) give us at least 10 (ten) business days notice of the hearing and (ii) pay to us in full the fees corresponding to the reasonable value of the services to be rendered pursuant to the order.
- Confidential information. The users agree to keep in confidentiality and not to use, disclose or communicate in any manner any proprietary information about the Service Contracts, each other, their officers, directors, employees, contractors, agents, operations, marketing strategies, software, codes, passwords and login information to email accounts, web pages, phone systems, ticket systems, pricing structure, clientele, or any other proprietary information that relates to the users. The said information is material and confidential.
- The Contractors agree to keep in confidentiality and protect all information, including, without limitation, communication data and digital files, exchanged through the ‘messages’ functionality available on the Platform. On the disclosing party’s request, the receiving party shall promptly destroy or return all confidential information.
- Independent relationship. The users conclude the Service Contracts as independent contractors and not as employees or employers. The relationship between the Owner and the users shall be that of independent contractors and not employees or employers.
- Fees and Payments
- The Fees. Your use of the Platform and certain services provided by the Owner is subject to the applicable service fees (the “Fees”) payable on a subscription basis or as on-off payments. By concluding a service contract with us, you agree to pay the Fees for each billing cycle in accordance with these Terms and other terms and conditions in force at the moment the sale contract is concluded. If the Fees are payable on a subscription basis, (i) the Fees are billed at the beginning of each billing cycle, and (ii) unless you cancel the subscription prior to the expiration of the then-current subscription term, we will automatically renew your membership based on its renewal cycle and you will need to pay the Fees due. By placing your order, you agree to pay the Fees due. The Fees remain valid for as long as (i) they are featured on the Platform or (ii) as communicated by The Fees are subject to a change with at least 30 calendar days prior notice to you (if you hold a subscription) or without notice (if you do not hold a subscription).
- Unless indicated otherwise, the Fees exclude all applicable sales taxes (e.g. VAT), levies, and other duties. You are responsible for paying the said taxes.
- Payment processing. All payments are processed by our third-party payment processors. You are responsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not hold us liable for payments that are not processed due to your error (e.g., incorrect payment information), the failure of the payment processors to process the Fees, or if the payment is refused for any other reason.
- We may, but are under no obligation, issue refunds for the Fees paid, upon request of the user.
- Cancellation of subscription. Your subscription must be cancelled at least 7 calendar days prior to expiration of then-current billing period through your Account to avoid automatic renewal and charge. If you cancel your subscription later, the cancellation will not be guaranteed. Your inactivity on the Platform does not substitute your request for the cancellation of your subscription.
- Intellectual Property
- The Owner Content. Most of the content available on the Platform, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “Owner Content”) is owned by the Owner, its partners, agents, licensors, vendors, and/or other content providers. The Owner Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from the Owner, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the Owner Content to third parties, or use any manual or automated means to scrape any content available on the Platform.
- The Travel Verified You may not use the brand, the word or figurative trademarks associated with the Platform, the Owner, Travel Verified, or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
- Third-party intellectual property. Some of the intellectual property assets, such as third-party trademarks, featured on the Platform may be owned by other third parties. Such third-party intellectual property does not belong to us and it remains the property of the respective third-party proprietors.
- Copyright infringement claims. If you have any grounds to believe that any content available on the Platform violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to your copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim, please make sure that you sign it and include information that would allow the Owner to locate the allegedly infringing content.
- Your Content. You may upload and submit various content, such as advertisements, CVs, descriptions of your business activities, text messages, photos, videos, links, reviews, and files (collectively, “Your Content”) through the Platform. Please note that some of Your Content may become available to other users of the Platform. Therefore, you must (i) exercise your due diligence when uploading Your Content onto the Platform, (ii) not to make any sensitive information publicly available to other users of the Platform, and (iii) make sure that, by uploading Your Content onto the Platform, you comply with these Terms and all applicable laws, including intellectual property laws. You grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of carrying out our legitimate business interests. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm the reputation of the Platform. Your Content includes your personal views and recommendations. None of Your Content reflects our views, recommendations, endorsement, or any commitments related thereto.
- Non-Circumvention
- The users must use the Platform as a sole manner of communicating before entering the Service Contract. A violation of this section 5.1 is a material breach of the Terms and, therefore, the Account may be permanently suspended.
- Unless allowed otherwise on the Platform, prior to entering into the Service Contract, the users are not allowed to:
- Provide contact details to any user of the Platform. The term ‘contact details’ hereinafter should be understood broadly as a means to contact the user, including, without limitation, user’s phone number, email address, social media account, address, a link to a contact form, information about third-party communication tools like Skype, WhatsApp, WeChat, Facebook, Slack, or Viber;
- Use user’s contact details to attempt to or to contact, communicate with, solicit, or find the contact information about the user outside of the Platform;
- Provide, ask, or attempt to identify contact details of any user through public means; or
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- Include your contact details into any proposal, job offering, description, message, invitation, or other pre-hiring communication.
- Prohibited Use
- When using the Platform, you are required to follow our guidelines outlined in this section 7. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
- You are not permitted to use the Platform in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Fraud;
- Provision of false, inaccurate, or misleading information;
- Sharing content that depicts or incites others to commit acts of violence or may result in injuries, physical harm, and emotional distress;
- Spreading malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Sharing sexually explicit, nude, libellous, harassing, violent, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Platform;
- Interfering with or abusing other users of the Platform;
- Using bots, scripts, and other automated methods; and
- Collecting and disclosing any information about the users of the Platform.
- Reporting inappropriate content. If you think that some of the content available on the Platform is inappropriate, infringes these Terms, applicable laws, or your right to privacy, please contact us immediately by email at privacy@the1000.club .
- Records of Compliance
- You agree to create and maintain records that document your compliance with the Terms, including, but not limited to, payment obligations and compliance with tax and employment laws. Upon our request, you agree to provide copies of the said records to us or any third parties acting on our behalf. You are solely responsible for creating, maintaining, storing, and backing up your records. Nothing in these Terms is construed as a requirement for us to (i) monitor or assess your compliance with the Terms or the terms of the Service Contracts or (ii) store, backup, retain, or grant access to the records.
- Warranty Disclaimer
- The Owner provides the Platform on “as available,” “as is,” and “with all faults” basis. To the extent permitted by the applicable law, the Owner does not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of the Platform, any content featured on the Platform, whether provider by the Owner, the users, or by third parties, and hereby disclaims all warranties regarding the Platform and its operation. It is your sole responsibility to verify and assess the fit for the purpose of the Platform prior to using it and to decide whether or not the Platform fits for the intended use.
- By using the Platform, you acknowledge that the Owner may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of the Owner’s reasonable control. To the maximum extent permitted by law, the Owner excludes any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
- Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
- Limitation of Liability
- Unless otherwise excluded or limited by the applicable law, the Owner will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with youruse of the Platform, the services provided under the Service Contract, any content made available through the Platform, whether provided by the Owner, the users, or by third parties, or any transactions concluded through the Platform.
- Release
- You hereby absolutely and unconditionally release and forever discharge the Owner and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which you have had, now has or have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of these Terms, whether such claims, demands and causes of action are matured or unmatured or known or unknown.
- Indemnification
- You hereby agree to indemnify, defend, save, and hold harmless the Owner, its members, officers, directors, and other agents from and against all claims, liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses which arise out of or are related to your use of the Platform, the Service Contracts, violation of the rights of a third party, failure to perform as required, or result form conduct while engaging in any activity outside the scope of these Terms before, during or after the termination of the Terms. This obligation of indemnification survives the expiration or termination of the Terms. You agree to cooperate with any and all litigation arising from or related to the Platformor the Owner, as appropriate.
- Term and Termination
- Term. The Terms shall commence on the day the user accepts it or starts using the Platform and continue until the user ceases to use the Platform (e.g., by deleting the Account), unless terminated earlier by the Owner.
- The Owner reserves the right, at its sole discretion with or without a notice to the user, to terminate the Terms. The Terms shall be terminated automatically if the user breaches any provision of the Terms.
- The Owner reserves the right to modify the Terms at any time, effective upon posting of an updated version on the Platform. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of the Platform, or the Owner’s business practices. The Owner will send you a notification (if it has your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing the Terms to stay informed. Your continued use of the Platform after any changes shall constitute your consent to such changes. The Owner also reserves the right to modify the services provided through the Platform at any time, at its sole discretion.
- Account data on closure. Unless required otherwise by law, the Owner shall disable your access to the Account and any data related thereto (including, without limitation, your messages, files, or any content store) upon closure of the Account for any reason. The Owner shall not have any liability whatsoever for your inability to access the Account and the said data.
- Survival. After termination of the Terms, the provisions of the Terms that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect.
- Disputes Between You And Us
- Dispute You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with the Owner. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the binding online arbitration.
- Governing Law. This Agreement shall be governed and construed in accordance with the laws of Florida, USA, without regard to its conflicts of law provisions.
- Final Provisions
- Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and the Owner regarding your relationship with the Owner.
- Waiver. A failure of either party to the Terms to enforce a provision of the Terms shall in no event be considered a waiver of any part of such provision. No waiver by either party of any breach or default by the other party shall operate as a waiver of any succeeding breach or other default or breach by such other party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
- Assignability. You are not allowed to assign your rights under the Terms. The Owner is entitled to transfer its rights and obligations under the Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate the Terms with immediate effect by deleting the Account and stopping to use the Platform.
- Severability. To the extent that any provision of the Terms is deemed unenforceable, all remaining provisions of the Terms shall not be affected thereby and shall remain in full force and effect.
- Force majeure. The availability of the Platform may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events; we take no responsibility for the unavailability of the Platform caused by such factors.
- Prevailing language. The English language version of the Terms will be controlling in all respects and will prevail in case of any inconsistencies with translated versions.
- Electronic records. Any notices related to your use of the Platform shall be delivered electronically and not in paper form. You hereby agree to receive the said notices in electronic form.
Email address: privacy@the1000.club
Mail address: Travel Verified LLC dba The 1000, 1000 Brickell Avenue, Suite 715 PMB 5161, Miami, Florida 33131, USA