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Effective Date: 12th October 2023
Welcome to Travel Agent Collective! These Terms and Conditions ("Terms") outline the rules and guidelines for using our platform and services.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.
By accessing and using our website, products, or services, you agree to these Terms without any modification and acknowledge that you have read and understood them. If you disagree with any part of these Terms, you may not use our services. These Terms are legally binding.
1. Definitions
The terms “we," “us," “our,” and “Travel Agent Collective” refer to Travelpreneur Inc. The term “Site” refers to travelagentcollective.com and all online sites and applications connected with Travelpreneur Inc. The terms “user,” “you” and “your” refers to site visitors, customers and any and all other users of the site (individually and collectively “Users”).
By using the Site, including all materials presented herein and all online services provided by Travelpreneur Inc, you agree to these Terms of Use, without modification, and acknowledge reading them. If you do not agree to these Terms of Use, you may not use the Site. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms, and agreements applicable to those services, these Terms of Use will control. These Terms of Use apply to all Users of the Site and Service (as hereinafter defined). Travelagentcollective.com is a website where Users may purchase online products and subscriptions (“Service”).
By purchasing any products on travelagentcollective.com, you, the User, are agreeing to these terms:
2. Use of the Platform and Services
To access or use our Site and Services, you must be 18 years or older and have the legal capacity and authority to agree to these Terms. Children under the age of 18 are not permitted to use our platform. The information available on our Site may change without notice. While we strive to provide accurate and up-to-date content, we do not guarantee its accuracy, completeness, reliability, or timeliness. We disclaim liability for any inaccuracies or errors in the content.
3. Account Creation
In order to use our Services, you must provide accurate and current registration information, including your name, email address, username, and password.
Impersonating others or providing false account information is prohibited. Your account should not be used for any illegal or unauthorized activities. You are solely responsible for safeguarding your account's security and confidentiality. You shall notify us immediately of any unauthorized account use or any security breach.
4. Lawful Use
You may use our Site and Services for lawful purposes only. Your account should not be used for illegal or unauthorized activities. You must comply with local laws and regulations in your jurisdiction. You are financially responsible for all purchases made through your account. You will be responsible for any activity conducted under your account.You shall not post or transmit through the Site any material which violates or infringes the rights of third parties, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
5. Refusal of Service
We reserve the right to refuse service to any User or entity without providing a reason. We may also change or discontinue any aspect or feature of the Site or Services without notice.
6. Pricing
When you purchase a paid subscription plan, the initial price you pay will remain unchanged, even if we increase prices due to new features and platform upgrades. Please note that, to access future upgrades, there may be a separate fee or price increase. However, your initial purchase price will be honored as long as you maintain an active subscription without interruptions.
6.1. Monthly Subscriptions
By enrolling in a Travel Agent Collective monthly subscription, you understand and consent to the automatic monthly billing by Travel Agent Collective or its designated third-party payment processor. This billing will continue uninterrupted unless you decide to cancel your subscription or we suspend or terminate your account. Please be aware that if your subscription was initiated at a promotional rate, the subscription price may be subject to change upon the conclusion of your subscription period.
6.2 Annual Subscriptions
By enrolling in a Travel Agent Collective annual subscription, you acknowledge and consent to the automatic annual billing by Travel Agent Collective or its designated third-party payment processor. Your subscription will seamlessly renew every twelve (12) months unless you choose to cancel it or your account faces suspension or termination. It's important to note that if your subscription began at a promotional rate, the subscription price may be subject to change upon the expiration of your subscription period.
7. Cancellations, Refunds & Returns
All sales of digital products that are downloadable upon purchase confirmation are final unless otherwise specified in a guarantee.
Monthly Subscriptions: Subscriptions created will not automatically cancel. You can cancel your monthly subscription at any time after the first full month in your account settings or by emailing us at hello@travelagentcollective.com with provided instructions. Once canceled, you will not be charged going forward. Payments for the next billing cycle will not be refunded, so please make sure to cancel before your renewal date when downloadable content is delivered.
Annual Subscriptions: Subscriptions created will not automatically cancel. You may cancel an annual subscription at any time, but cancellations must be made at least 48 hours before the renewal date to prevent the next year's subscription from being processed. We do not offer cancellations and/or refunds for annual subscriptions. Payments for the next billing cycle will not be refunded, so please make sure to cancel before your renewal date when downloadable content is delivered. You may upgrade to an annual subscription at any time.
Account Access: Upon subscription inactivity, access to resources and the community will be revoked. We recommend downloading materials before your subscription ends.
Digital Courses: Within 21 days of purchasing a course, users must contact us via email at hello@travelagentcollective.com to request a refund. To be eligible for a refund: the User must 1) Watch every lesson in the course for the entire duration of the lesson (100% completion status) and;2) Show and submit proof of completing every workbook, assessment or ancillary resource corresponding to each lesson. If a refund is granted, access to the course, dashboard and and community will be revoked immediately.
8. Product Description
We make every effort to describe and display our Services accurately. While we aim to be clear in explaining our Services, please do not assume that the Site is entirely accurate, current, or error-free. We may correct errors in pricing and descriptions and reserve the right to refuse or cancel orders with incorrect prices.
9. Digital Courses
Users will maintain access to their digital course materials for the lifetime of the course. Courses may be retired or removed at our discretion. Course materials may be periodically updated, but we have no obligation to refresh content within a course.
10. Community Access
Access to our community is available to users with paid or trial subscriptions. Upon canceling your subscription or allowing your trial to expire, you will be removed from the community on the last date of your active subscription.
11. Community Participation
Our community is designed for users to stay connected, share ideas, and support one another. Users are expected to exercise common sense and courtesy in comments or materials submitted to the community. Inappropriate postings and comments, such as those that are obscene, abusive, false, invasive of privacy, or violate copyrights or trademarks, are not allowed.
Users may not use the community for political activities or commercial purposes. Advertising, solicitations, spam, and content violating intellectual property rights are not permitted.
12. Using Resources for Multiple Brands or Businesses
Users must purchase one subscription for each brand or business they want to use our resources for. We do not offer multi-license subscriptions to use our content for multiple brands or businesses.
13. Submission of User-Generated Content
You must not upload, post, or make available any content protected by copyright, trademark, or other proprietary rights without permission from the owner. You are liable for any damage or infringement resulting from such submissions. You grant us an unrestricted license to use and distribute User-Generated Content for any purpose, without further permission or payment. You represent that you own or have the right to use all User-Generated Content you submit.
14. Use and Storage Practices
We may set practices and limits for the use of our site, including the maximum retention period for photos, emails, messages, or other uploaded content. We have no responsibility or liability for the removal or loss of content. We may modify these practices and limits at our discretion. You are responsible for the content you post and retain on our site.
15. Our Intellectual Property
All content on our Site and in our Services, including products and online classes, is our intellectual property and is protected by United States trademark, trade dress, and copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform any content without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. Any violation of this intellectual property policy may result in removal from our Service and legal action.
16. Visual Content Usage Agreement
Our visual content comprises standard "royalty-free" stock images. By accessing these resources, we grant you a non-exclusive, non-transferable right to utilize and reproduce the visual content, with certain stipulations:
Permitted Actions:
Display the images on personal websites and computers.
Employ the graphics in digital or print advertisements.
Modify the images by cropping, overlaying them with your text, adding your graphics, or incorporating them into PDFs.
Produce prints using the graphics for personal or commercial use.
Use the graphics to promote your products and services on your website and social media channels.
Prohibited Actions:
Resell, relicense, sublicense, or redistribute the graphics without our explicit written permission.
Use the graphics in a manner that is pornographic, obscene, illegal, immoral, libelous, or defamatory.
Scan, copy, duplicate, distribute, or reproduce the graphics in a way that allows a third party to use them.
Employ this purchase to offer social media content creation services, classes, or any social media training for travel agents.
Integrate the graphics into trademarks, logos, or service marks.
Make the graphics available for download.
For Graphic/Web Designers:
You may incorporate the graphics into a graphic design or web design project for an individual client. However:
You MAY NOT resell or freely distribute single graphics to your client except for directly managing their social media content.
You MAY NOT create derivative products from the graphics, such as digital templates or social media content.
For Travel Agent Collective Canva Templates:
Usage Restrictions:
We grant you an exclusive, non-transferable, perpetual limited-use license to download and duplicate Canva templates, subject to specific limitations. This license permits personal and commercial use.
By purchasing Canva templates from Travel Agent Collective, you understand and acknowledge that these templates come with an exclusive, limited use license.
This "limited use" means you can possess, use, and hold the templates for personal or professional purposes in the normal course of your business.
Understand that saved changes may be lost if you do not make a copy of this Canva template into your own Canva account before editing.
Permitted Actions:
Use these templates to promote your own business online or offline.
Use these templates to sell your branded content to your audience and for digital ads.
Add your branding, text, colors, content, and other design elements to the PDF guide templates to distribute them as PDF download content upgrades or lead magnets to your audience.
Prohibited Actions:
Redistribute, resell, transfer, or give away these templates to a third party in their original form.
Resell these templates on mass marketplace websites (e.g., Creative Market, Etsy, Envato) or as digital template products on other platforms, whether in their original form or edited.
Transfer, redistribute, or give away these templates to a third party without adding additional branding, logos, content, text, color, and/or other design elements.
Use these templates to promote the sale of digital graphic design templates, Canva templates, or stock photography.
17. Amendments to Terms of Use
We reserve the right to change, modify, add, or delete parts of these Terms at any time without notice. Your continued use of our Services after any changes means you accept the revised Terms.
18. Disclaimer of Warranties - Waiver and Release
Our content is provided "AS IS" and without warranties. We do not guarantee uninterrupted or error-free access to content.
To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, User-Generated Content) will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the Site including, without limitation, any third party site or service linked to from the Site.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the Site or third party information, content or materials contained on our Site. We do not endorse any of the products, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, debit/credit card and other personal information) you might be requested to give to any third party.
You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Site (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to or through any such third party websites (including, without limitation, debit/credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
You acknowledge that you have carefully read this “Waiver and Release” and fully understand that it is a release of liability. You expressly agree to release and discharge Nikita Brown and all Indemnified Parties (as hereinafter defined) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against Nikita Brown and all Indemnified Party for any type of injuries and/or damages.
19. Indemnification
You hereby agree to indemnify, defend and hold Nikita Brown and our officers, employees, contractors, directors, licensors, licensees, successors, distributors, agents, representatives, related entities, affiliates, successors and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“) harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, settlement costs and legal or other fees and expenses, suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of any of these Terms of Use, or any use by you of the Site or Service. You shall provide us with any assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
20. Limitation of Liability
You agree that under no circumstances (including negligence) shall Nikita Brown or the Indemnified Parties be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with: (i) your use of, or any inability to use, the Site, Service or any content or functions thereof; (ii) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure or any incompatibility between the Site and any site, service, software or hardware; (iii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iv) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Nikita Brown or the Indemnified Parties has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Nikita Brown’s or the Indemnified Parties’ total liability to you for all loss, cost, damage, liability or expense (including attorneys’ fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the total purchase price of the Service you have purchased from Nikita Brown, and if no purchase has been made by you Nikita Brown’s and the Indemnified Parties’ total liability to you shall not exceed $1.00.
You agree that under no circumstances shall we or the Indemnified Parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, Acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
21. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
22. Waiver
No waiver of any of the provisions of this Agreement by Nikita Brown shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
No waiver shall be binding unless executed in writing by Nikita Brown.
23. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Ontario, Canada. You agree that any disputes shall be subject to the exclusive jurisdiction of the state and federal courts located within Toronto, Ontario, Canada.
24. Earnings Disclaimer
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we have taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, Nikita Brown does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Site and/or Service is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE NIKITA BROWN’S PRODUCT IS AT YOUR SOLE RISK.
By purchasing any product produced by Nikita Brown, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation. You also understand that any testimonials or endorsements by our customers or audience represented on, including but not limited to, our Site, Service, programs, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and/or any third parties, and the results experienced by individuals may vary significantly. Any statements outlined on, including but not limited to, our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
Contact Information:
For questions about these Terms or our platform, please contact us at hello@travelagentcollective.com. By using our platform and services, you acknowledge and agree to these Terms.
Thank you for choosing Travel Agent Collective.
Travel Agent Collective
501 Yonge Street
Toronto (EE), Canada
www.travelagentcollective.com
hello@travelagentcollective.com
