hyera facebook embed

Information about Hyera Adventure

Terms of use

Hyera General Terms Of Service

Last Updated: 2nd February 2016

Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.

Hyera Adventure Ltd. (Company Number: 09083315) is hereinafter referred to as “Hyera”, “we”, “us”, or “our”.

All users of the Site or Services, registered or otherwise, are hereinafter referred to as “The Participant”, “Participants”,you”, or “your”.

All users selling on Hyera are additionally hereinafter referred to as “The Provider”, “Providers”.

Hyera provides an online platform that connects Providers who have specific sporting activities (“Adventures”) to offer with Participants seeking to undertake such activities (collectively, the “Services”), which Services are accessible at www.hyera.co and any other websites through which Hyera makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Hyera. Please also read carefully our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.

The Site and Services comprise an online platform through which Providers may create listings for specific Adventures and Participants may learn about and book these Adventures directly with the Providers. You understand and agree that Hyera is not a party to any agreements entered into between Providers and Participants, nor is Hyera a broker, agent or insurer. Hyera has no control over the conduct of Providers, Participants and other users of the Site and Services or any Adventures, and disclaims all liability in this regard to the maximum extent permitted by law.

 

Key Terms

Member” means a person who completes Hyera’s account registration process, including but not limited to Providers and Participants (see 4. Account Registration).

“Content” means text, graphics, images, music, software, audio, video, information or other materials. 

Hyera Content” means all Content that Hyera makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.

Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits or includes in their Listing or Member profile to be made available through the Site or Services. 

Collective Content” means Member Content and Hyera Content.

Adventure” means specific sporting activities and holidays which can be booked or listed on the Hyera Site and Services.

"Listing" means an Adventure that is listed by a Provider as available for booking via the Site and Services. 

Participant” means a Member who requests from a Provider a booking of Adventures via the Site or Services, or a Member who participates in Adventures and is not the Provider for such Adventures.

Provider” means a Member who creates a Listing via the Site and Services.

Booking Request Period” means the time period starting from the time when a booking is requested by a Participant (as determined by Hyera in its sole discretion), within which a Provider may decide whether to confirm or reject that booking request, as stated on the Site or Services. Different Booking Request Periods may apply in different circumstances.

"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist or other visitor taxes, accommodation or lodging taxes, fees that adventure providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT.

IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

 

1.                   Modification

Hyera reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top and bottom of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

 

2.                   Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

 

3.                   How the Site and Services Work

The Site and Services can be used to facilitate the listing and booking of Adventures. Such Adventures are included in Listings on the Site and Services by Providers. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book an Adventure or create a Listing, you must first register to create a Hyera Account (defined below).

As stated above, Hyera makes available an online platform or marketplace with related technology for Participants and Providers to meet online and arrange for bookings of Adventures directly with each other. Hyera is not an owner or operator of facilities, including, but not limited to, sport and leisure centres, training grounds, experience centres or other Adventures, nor is it a provider of facilities, including, but not limited to sport and leisure centres, training grounds, experience centres or other Adventures. Hyera does not own, sell, resell, equip, provide, manage and/or operate facilities, including, but not limited to, sport and leisure centres, training grounds, experience centres or other Adventures or transportation or travel services. Unless explicitly specified otherwise in the Hyera platform, Hyera's responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited payment collection agent of each provider for the purpose of accepting payments from Participants on behalf of the Provider.

Hyera cannot and does not control the content contained in any listings and the condition, legality or suitability of any Adventures. Hyera is not responsible for and disclaims any and all liability related to any and all listings and Adventures. Accordingly, any Bookings will be made or accepted at the Member’s own risk.

Participation in any Adventures offered by a Provider is undertaken entirely at the Participant’s own risk, and the Participant agrees to all additional terms and conditions that the Provider specifies in the Listing regarding their participation including, but not limited to, height restrictions, weight restrictions, physical abilities and skill levels upon commencement of the Adventure. If you do not agree to these terms, you have no right to continue booking or participating in the Adventure.


4.                   Account Registration

In order to access certain features of the Site, and to book an Adventure or create a Listing, you must register to create an account ("Hyera Account") and become a Member. You may register to join the Services directly via the Site or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites ("SoMe") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site, as described below. As part of the functionality of the Site and Services, you may link your Hyera Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Hyera through the Site or Services; or (ii) allowing Hyera to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Hyera and/or grant Hyera access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Hyera to pay any fees or making Hyera subject to any usage limitations imposed by such third-party service providers. By granting Hyera access to any Third-Party Accounts, you understand that Hyera will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SoMe Content") so that it is available on and through the Site and Services via your Hyera Account and Hyera Account profile page. Unless otherwise specified in these Terms, all SoMe Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your

Third-Party Accounts will be available on and through your Hyera Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Hyera's access to such Third-Party Account is terminated by the third-party service provider, then SoMe Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Hyera Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Hyera makes no effort to review any SoMe Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Hyera is not responsible for any SoMe Content.

Your Hyera Account and your Hyera Account profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via SoMe as described above. You may not have more than one (1) active Hyera Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Hyera reserves the right to suspend or terminate your Hyera Account and your access to the Site and Services if you create more than one (1) Hyera Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Hyera Account, whether or not you have authorized such activities or actions. You will immediately notify Hyera of any unauthorized use of your Hyera Account.

 

5.                   No Endorsement

Whilst Hyera vets all Members applying to become Providers, Hyera does not endorse any Member or any Adventure. You understand that Verified Images and Video are intended only to indicate a photographic representation of the Adventure at the time the photograph was taken. Verified Images and Video are therefore not an endorsement by Hyera of any Member or any Adventure. Members are required by these Terms to provide accurate information, and although Hyera may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.

Any references in the Site or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Hyera about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to book with a Provider or to accept a booking request from a Participant, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Hyera with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Provider against Hyera regarding the remittance of payments received from a Participant by Hyera on behalf of a Provider, which instead shall be subject to the limitations described in the section below entitled ‘20. Limitation of Liability'.

 

6.                   Bookings and Financial Terms

"Booking Fees" means the amounts that are due and payable by a Participant in exchange for that Participant's purchasing of an Adventure. The Provider alone, and not Hyera, is responsible for the Booking Fees for his or her Listing. The Provider may in his or her sole discretion decide to include in these amounts (i) an equipment rental fee or any other fee permitted on the Hyera platform, or (ii) Taxes or additional charges related to the Adventure that the Provider determines that he or she has to collect. 

"Service Fees" means the fee that Hyera charges a Provider for the use of the Services, which is calculated as a percentage of the applicable Booking Fees. The Service Fees will be displayed to the Provider when the Provider is asked whether to confirm or reject a booking request from a prospective Participant.

"Total Fees" means collectively the Booking Fees plus any Taxes.

 

Hyera will collect the Total Fees at the time of booking confirmation (i.e. when the Provider confirms the booking request) and will initiate payment of the Booking Fees (less Hyera’s Service Fees and any Taxes in respect of the Service Fees, such as VAT in Europe) to the Provider no later than within 24 hours of when the Participant arrives at the applicable Adventure (except to the extent that a refund is due to the Participant). The time it takes for the Provider to receive payments may depend upon the payment method chosen by the Provider. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Provider, including by deducting their charges from the payment amount.

 

Bookings and Financial Terms for Participants

The Providers, not Hyera, are solely responsible for honouring any confirmed bookings and making available any Adventures reserved through the Site and Services. If you, as a Participant, choose to enter into a transaction with a Provider for the booking of an Adventure, you agree and understand that you will be required to enter into an agreement with the Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Adventures imposed by the Provider. You acknowledge and agree that you, and not Hyera, will be responsible for performing the obligations of any such agreements, that Hyera is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Hyera disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Hyera is not a party to the agreement between you and the Provider, Hyera acts as the Provider's payment collection agent for the limited purpose of accepting payments from you on behalf of the Provider. Upon your payment of the Total Fees to Hyera, your payment obligation to the Provider for the Booking Fees is extinguished, and Hyera is responsible for remitting the Booking Fees (less the Service Fees and any Taxes in respect of the Service Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Hyera does not remit any such amounts as described in these Terms, such Provider will have recourse only against Hyera.

The Total Fees payable will be displayed to a Participant before the Participant sends a booking request to a Provider. As noted above, the Provider is required to either confirm or reject the booking request within the Booking Request Period; otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Provider), any amounts collected by Hyera will be refunded to such Participant, depending on the selections the Participants makes via the Site, and any pre-authorization of such Participant's credit card will be released, if applicable.

You as a Participant agree to pay Hyera for the Total Fees for any booking requested in connection with your Hyera Account if such requested bookings are confirmed by the applicable Provider. In order to establish a booking pending the applicable Provider's confirmation of your requested booking, you understand and agree that Hyera, on behalf of the Provider, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, Hyera will collect the Total Fees due once we receive confirmation of your booking from the applicable Provider; if necessary, Total Fees may instead be collected at a later point. Please note that Hyera cannot control any fees that may be charged to a Participant by his or her bank related to Hyera's collection of the Total Fees, and Hyera disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and payment information either to Hyera or its third-party payment processor(s). You agree to pay Hyera for any confirmed bookings made in connection with your Hyera Account in accordance with these Terms by one of the methods described on the Site, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Hyera or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site. You also authorize Hyera to charge your credit card in the event of circumstances including, but not limited to, equipment damage or theft caused during an Adventure. If you are directed to Hyera’s third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Be aware that some email accounts may categorise our emails as unwanted or ‘spam’ email. To avoid this please add our email address team@hyera.co.uk to your address book. Hyera is not liable or responsible for any loss suffered, either as a Provider or Participant, as a result of a Hyera email being blocked by web filters or firewalls, or lost or deleted in an email inbox. If you fail to receive any emails from Hyera – for example as a Participant when requesting a booking, or as a Provider accepting a booking, please contact us immediately at support@hyera.co.uk. All Bookings are also available to view online from your personal account on the Site or Services.

 

7.                   General Booking and Financial Terms

Cancellations and Refunds

If, as a Participant, you cancel your requested booking before the requested booking is confirmed by a Provider, Hyera will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.

If, as a Participant, you wish to cancel a confirmed booking made via the Site and Services, either prior to or after arriving at the Adventure, the terms and cancellation policy of the Provider will apply to such cancellation. Our ability to refund the Booking Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site.

Neither Hyera nor the Provider shall be liable for the cancellation, postponement or alteration of any product and/or service for reasons beyond their reasonable control, including but not limited to weather, mechanical failure, illness or force majeure.

Sometimes a Provider may deem it necessary or desirable to cancel an Adventure at short notice for reasons including, but not limited to, adverse weather conditions, illness, mechanical breakdowns and minimum requirements not being met such as a minimum group size. We strongly recommend you contact the Provider on the day before your booking to check. We regret that such eventualities are outside of our control. If a Provider cancels a confirmed booking made via the Site and Services, (i) Hyera will refund the Total Fees for such booking to the applicable Participant within a commercially reasonable time of the cancellation and (ii) the Participant will receive an email or other communication from Hyera containing alternative Listings and other related information. If the Participant requests a booking from one of the alternative Listings and the Provider associated with such alternative Listing confirms the Participant's requested booking, then the Participant agrees to pay Hyera the Total Fees relating to the confirmed booking for the Adventure in the alternative Listing, in accordance with these Terms. If a Provider cancels a confirmed booking and you, as a Participant, have not received an email or other communication from Hyera, please contact us at support@hyera.co.uk.

In certain circumstances, Hyera may decide at its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site and Services. This may be for any reason. Hyera may also determine, in its sole discretion, to refund to the Participant part or all of the amounts charged to the Participant. You agree that Hyera and the relevant Participant or Provider will not have any liability for such cancellations or refunds.

In the unlikely event of a Provider becoming insolvent or an event collapsing, Hyera will make every effort to ensure Participants are either reimbursed or able to go through with the activity. However, Hyera will not be responsible for lost payments.

 

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

 

Safety, Dangerous Conduct, Damage & Theft

BY BOOKING YOU ACKNOWLEDGE THAT ADVENTURE SPORTS CAN BE DANGEROUS, AND HYERA WILL NOT BE HELD LIABLE FOR ANY LOSS, DAMAGE, INJURY OR DEATH THAT RESULTS FROM EITHER YOURS, OR ANYONE ELSES' PARTICIPATION. THE TOTAL LIABILITY OF HYERA FOR ANY CLAIM WHATSOEVER IN CONNECTION WITH THE BOOKING OF OR PARTICIPATION IN ANY ADVENTURE SHALL BE LIMITED TO THE PRICE PAID FOR THE BOOKING.

The very nature of the Adventures listed on Hyera means that they can be dangerous, and many involve a level of personal risk. Prior to booking any Adventure, you should be aware of the risks involved. Hyera strongly recommend acquiring suitable insurance cover before participating in any adventure sport. Responsibility rests with you as a Participant, to make independent enquiries with the Provider and other third parties as to the need to acquire your own insurance cover for an Adventure.

On the day of your Adventure, Hyera recommend you leave plenty of time to get to the Adventure, as many Providers require all Participants to attend a safety briefing and/or fill out a disclaimer. Should you fail to attend the relevant briefing, you have no right to participate in the associated Adventure.

Many Providers enforce strict rules prohibiting alcohol or drug consumption on their premises and before or during participation in an Adventure. Providers reserve the right to refuse any Adventure to persons suspected of being under the influence of alcohol and/or drugs or for any other reason affecting the safety of participants, staff or others.

Where the Adventure requires the wearing of safety equipment including but not limited to crash helmets, body armour or buoyancy aids, this is mandatory and there are no exceptions. Should you as a Participant fail to comply with safety requirements, you have no right to participate in the associated Adventure.

Providers reserve the right to end an Adventure or offer alternative tuition if they believe a Participant is at risk of endangering themselves or other members of the public or staff.

In the event of the Provider being unable to offer a specific Adventure due to mechanical failure, force majeure, illness or other unforeseeable circumstances, the Provider reserves the right to make reasonable substitutions on the day. If this is not possible the Provider reserves the right to cancel the Adventure at short notice, in accordance with the Provider’s terms and policies. The Provider and Participant acknowledge and agree that Hyera will not be held liable for the costs of lost insurance premiums, travel expenses, pre-booked accommodation or any other costs incurred to the Participant, Provider and/or any related parties as a result of the Provider cancelling an Adventure.

As a Participant, you are responsible for respecting the Provider and all equipment and facilities they make available to you during your Adventure. You acknowledge and agree that, as a Participant, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite – in any capacity – to the Adventure.

In the event that a Provider claims otherwise and provides evidence of inappropriate conduct, dangerous conduct, damage or theft, including but not limited to photographs or video evidence, you agree to pay the cost of any damages incurred including, but not limited to, lost business, replacing equipment and cleaning facilities. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Hyera Account. Hyera also reserves the right to charge the credit card on file in your Hyera Account, or otherwise collect payment from you and pursue any avenues available to Hyera in this regard in situations in which you – or any individuals whom you invite – have been determined, in Hyera's sole discretion, to have engaged in inappropriate conduct, dangerous conduct, damage or theft, including, but not limited to, in relation to any payment requests made by Providers, and in relation to any payments made by Hyera to Providers. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damages caused to the applicable Provider or to Hyera (if applicable).

Both Participants and Providers agree to cooperate with and assist Hyera in good faith, and to provide Hyera with such information and take such actions as may be reasonably requested by Hyera, in connection with any complaints or claims made by Members relating to Adventures or with respect to any investigation undertaken by Hyera or a representative of Hyera regarding use or abuse of the Site or the Services. If you are a Participant, upon Hyera's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Provider, at no cost to you, which process will be conducted by Hyera or a third party selected by Hyera or its insurer, with respect to losses for which the Provider is requesting payment from Hyera.

If you are a Participant, you understand and agree that Hyera may make a claim under any relevant insurance policy related to any damage, injury or loss that you may have caused or been responsible for or to a Provider or any personal or other property, equipment or belongings located at the Provider’s location. You agree to cooperate with and assist Hyera in good faith, and to provide Hyera with such information as may be reasonably requested by Hyera, in order to make a claim under your insurance policy, including, but not limited to, executing documents and taking such further acts as Hyera may reasonably request to assist Hyera in accomplishing the foregoing.

 

Spectators

Most Providers will allow you to bring non-participating spectators (“Spectators”) to watch you participate in an Adventure. When requesting a Booking with any Provider please inform them of your wish to bring Spectators. Acceptance of Spectators is entirely at the relevant Provider’s discretion, and they reserve the right to accept or refuse any Spectator within the Participant’s own terms. Spectators will be required to comply with these terms and the Provider’s expectations of conduct, often for reasons of safety, so please consider those you choose to bring with you. Providers reserve the right to remove Spectators from any Adventure, or from their premises, at any time and for any reason including but not limited to endangering themselves or other Participants and Spectators, aggressive behaviour, and consumption or acting under the influence of alcohol or drugs. You agree that Hyera and the relevant Provider will not have any liability for the exclusion of any Spectator.

 

8.                   User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:

violate any local, regional, national, or other law or regulation, or any order of a court;

use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Collective Content;

access or use our Site or Services to use, expose, or allow to be used or exposed, any Hyera Content: (i) that is not publicly displayed by Hyera in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Hyera Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Hyera's users or any other third party;

use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;

copy, store or otherwise access or use any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to adventure sports experiences, courses or holidays;

"stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Hyera Participant or Provider;

offer, as a Provider, any Adventures that you do not yourself run, own, operate or have permission to offer (without limiting the foregoing, you will not list Adventures as a Provider if you are serving in the capacity of a booking agent or listing agent for a third party);

offer, as a Provider, any Adventures involving equipment that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, vehicle leasing agreements or equipment rental policies;

register for more than one Hyera Account or register for a Hyera Account on behalf of an individual other than yourself;

unless Hyera explicitly permits otherwise, request or book an Adventure if you will not actually be participating yourself;

contact a Provider for any purpose other than asking a question related to a booking, such Provider's Adventures or Listings;

contact a Participant for any purpose other than asking a question related to a booking or such Participant's use of the Site and Services;

recruit or otherwise solicit any Provider or other Member to join third-party services or websites that are competitive to Hyera, without Hyera's prior written approval;

impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;

use the Site, Services or Collective Content to find a Provider or Participant and then complete a booking of an Adventure independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Hyera’s provision of the Services or for any other reasons;

as a Provider, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;

post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Hyera's name, any Hyera trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Hyera's express written consent;

access, tamper with, or use non-public areas of the Site or Services, Hyera's computer systems, or the technical delivery systems of Hyera's system providers;

attempt to probe, scan, or test the vulnerability of any Hyera system or network or breach any security or authentication measures;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Hyera or any of Hyera's system providers or any other third party (including another user) to protect the Site, Services or Collective Content;

forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or

advocate, encourage, or assist any third party in doing any of the foregoing.

accept or make a payment for Booking Fees outside Hyera. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Hyera harmless from any liability for such payment.


Hyera shall regard any discovered incidents of the above as grounds for immediate termination of your Hyera account. Hyera has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Hyera may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Hyera or to comply with legal process (for example, court summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Hyera, its users, or members of the public. You acknowledge that Hyera has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Hyera reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Hyera, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

 

9.                   Privacy

You agree that Hyera's Privacy Policy (as may be updated from time to time) governs Hyera's collection and use of your personal information.

 

10.               Ownership

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of England and Wales, and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Hyera and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.

 

11.               Additional Terms

Our Services have different products and offerings, so sometimes additional terms may apply to your use of those products. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

 

12.               Hyera Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Hyera grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Hyera Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hyera or its licensors, except for the licenses and rights expressly granted in these Terms.

 

13.               Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Hyera a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of, or to promote or market the Site and Services. Hyera does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Hyera the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Hyera's use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

14.               Links

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Hyera is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hyera of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Hyera platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use.

 

15.               Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Hyera including but not limited to ‘Hyera Adventure’, ‘Hyera’, ‘We Are Hyera’, and ‘hy:’ used herein are trademarks or registered trademarks of Hyera. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. No-one may use our trademarks or logos without our express written permission.

 

16.               Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact Us" section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Hyera and you hereby irrevocably assign to Hyera and agree to irrevocably assign to Hyera all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Hyera's request and expense, you will execute documents and take such further acts as Hyera may reasonably request to assist Hyera to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

17.               Copyright Policy

Hyera respects copyright law and expects its users to do the same. It is Hyera's policy to terminate in appropriate circumstances the Hyera Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

18.               Suspension, Termination and Hyera Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Hyera Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Hyera Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Hyera Account, your Member Content, or receive assistance from Customer Service, (b) any pending or accepted future bookings as either Provider or Participant will be immediately terminated, (c) we may communicate to your Participants or Providers that a potential or confirmed booking has been cancelled, (d) we may refund your Participants in full for any and all confirmed bookings, irrespective of pre-existing cancellation policies, (e) we may contact your Participants to inform them about potential alternate Adventures with other Providers that may be available on the Site and Services, and (f) you will not be entitled to any compensation for bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Hyera Account. You may cancel your Hyera Account at any time via the "Delete account" feature of the Services or by sending us an email. Please note that if your Hyera Account is cancelled, we do not have an obligation to return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.

 

19.               Disclaimers

IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HYERA DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND, CRIMINAL OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, PARTICIPANTS AND PROVIDERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HYERA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HYERA MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OF ADVENTURES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HYERA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ADVENTURES, PROVIDERS, PARTICIPANTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HYERA OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDERS OR PARTICIPANTS. YOU UNDERSTAND THAT HYERA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW, TRIAL OR INSPECT ANY ADVENTURES. HYERA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PARTICIPANTS AND PROVIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HYERA. NOTWITHSTANDING HYERA'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE PROVIDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM PARTICIPANTS ON BEHALF OF THE PROVIDERS, HYERA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PARTICIPANT OR OTHER THIRD PARTY.


20.               Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ADVENTURES VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HYERA WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HYERA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, DEATH OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY ADVENTURES VIA THE SITE, AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HYERA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PROVIDERS PURSUANT TO THESE TERMS, IN NO EVENT WILL HYERA'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ADVENTURE VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY ADVENTURE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A PARTICIPANT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PROVIDER, THE AMOUNTS PAID BY HYERA TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED POUNDS STERLING (GBP£100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HYERA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

21.               Indemnification

You agree to release, defend, indemnify, and hold Hyera and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Adventure, or (iii) creation of a Listing; (d) the undertaking of an Adventure by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a listing, booking or participation in an Adventure.

 

22.               Reporting Misconduct

If you encounter a Provider, Participant or anyone who you feel is acting or has acted irresponsibly or inappropriately, including but not limited to anyone who (i) acts in a wilfully careless or negligent manner, (ii) endangers the safety or lives of themselves or others around them, (iii) engages in offensive, aggressive or sexually inappropriate behaviour, (iv) you suspect of stealing from you, or (v) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Hyera by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

 

23.               Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Hyera and you regarding the Site, Services, Collective Content, and any bookings or Listings of Adventures made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hyera and you regarding bookings or listings of Adventures, the Site, Services, and Collective Content.

 

24.               Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Hyera's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Hyera may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.


25.               Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Hyera (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

26.               Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of England. You and we agree to submit to the non-exclusive jurisdiction of Her Majesty’s Courts of Justice of England and Wales for resolving any dispute between the parties. If Hyera wishes to enforce any of its rights against you, we may elect to do so in the courts of England and Wales or in the courts of the jurisdiction in which you are resident.

 

27.               General

The failure of Hyera to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hyera. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

28.               Third Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.

 

29.               Data Protection

Hyera Adventure complies with each of the eight principles of the Data Protection Act 1998. Those principles require that data is:

(i) Fairly and lawfully processed

(ii) Processed for limited purposes

(iii) Adequate, relevant and not excessive

(iv) Accurate

(v) Kept no longer than necessary

(vi) Processed in accordance with the data subject’s rights

(vii) Secure

(viii) Not transferred outside the EU without adequate protection

  

30.               Contacting Hyera

If you have any questions about these Terms, please contact Hyera.

 

Hyera Adventure Ltd is registered in England and Wales under Registration No 09083315.

Head Office: Rockhopper House, Ormond Avenue, London TW12 2RU

Last updated: 2nd February 2016.

The above supersedes all previous terms and conditions.









Additional Provider Terms Of Service

Last Updated: 2nd February 2016

NOTE: THESE TERMS ACT IN CONJUNCTION WITH HYERA’S GENERAL TERMS OF SERVICE (https://adventures.hyera.co/en/infos/terms). AS A PROVIDER YOU AGREE TO BE BOUND BY BOTH SETS OF TERMS.

Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies and obligations. The following clauses apply to all Members who create Listings on Hyera (“Providers”). If you do not agree to these Terms, you have no right to create Listings or accept Bookings using the Site or Services.

Hyera Adventure Ltd. (Company Number: 09083315) is hereinafter referred to as “Hyera”, “we”, “us”, or “our”.

All Members of the Site or Services, who create Listings, take Bookings, or offer any other service using the Hyera Platform, Site or Services, are hereinafter referred to as “The Provider”, “Providers”,you”, or “your”.

Furthermore, Providers agree to all Clauses contained within the Hyera General Terms Of Service. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.

The Site and Services comprise an online platform through which Providers may create listings for specific Adventures and Participants may learn about and book these Adventures directly with the Providers. You understand and agree that Hyera is not a party to any agreements entered into between Providers and Participants, nor is Hyera a broker, agent or insurer. Hyera has no control over the conduct of Providers, Participants and other users of the Site and Services or any Adventures, and disclaims all liability in this regard to the maximum extent permitted by law.

 

Definitions

Where the definition of a term does not appear in these Provider Terms Of Service, it shall be given its definition as outlined in our General Terms of Service.

 

1.       Adventure Listings

As a Provider, you may create Listings. To create a Listing, you will be asked a variety of questions about the Adventure to be listed, including, but not limited to, the location, activities involved, specific dates, availability, accessibility and pricing and related rules and terms. In order to be featured in Listings via the Site and Services, all Adventures must fit within specific sporting categories listed within the Site and Services. Hyera may decide at its sole discretion, and for any reason, that it is necessary or desirable to add or remove specific sporting categories listed in the Site and Services, and all current Listings within these specific categories. You agree that Hyera and will not have any liability for closing such Listings.

Listings will be made publicly available via the Site and Services. Other Members will be able to book your Adventures via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Participant requests a booking of your Adventure, you may not request the Participant to pay a higher price than in the booking request.

You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Participant's involvement in, an Adventure in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as forestry commissions, landowners, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as vehicle licensing, safety requirements or skill qualifications), Tax requirements, and rules and regulations that may apply to any Adventure included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Hyera assumes no responsibility for a Provider's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Hyera reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Hyera, in its sole discretion, considers to be objectionable for any reason, in violation of our Terms or otherwise harmful to the Site or Services.

As a Provider, you understand and agree that Hyera does not act as an insurer or as your contracting agent. If a Provider requests a booking of your Adventure or participates in your Adventure, any agreement you enter into with such Participant is between you and the Participant and Hyera is not a party to it. Notwithstanding the foregoing, Hyera serves as the limited authorized payment collection agent of the Participant for the purpose of accepting, on behalf of the Participant, payments from Participant of such amounts stipulated by the Provider.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Adventure, such as requiring Members to hold specific qualifications, or possess certain sporting equipment, in order to book or participate in your Adventure. Any Member wishing to book Adventures included in Listings with such requirements must meet these requirements.

As a Provider, Hyera makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for Booking your Adventures. You acknowledge and agree that, as a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who participate in or are otherwise present at the Adventure at your request or invitation, excluding the Participant (and the individuals the Participant invites to the Adventure, if applicable.)

Hyera recommends that Providers obtain appropriate insurance for their Adventures. Please review any insurance policy that you may have for your Adventure, equipment and premises carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Participants (and the individuals the Participant invites to the Adventure, if applicable) while participating in your Adventures.

Hyera may offer Providers the option of having photographers or videographers take photographs or film of their Adventures. If you as a Provider choose to have a photographer or videographer do this, the photographs or video taken will be made available to you to include in your Listing with a watermark or tag bearing the words "Hyera Verified" or similar wording ("Verified Media"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Media and all other photographs or video featured in the respective Listing. You alone are responsible for using the Verified Media and you warrant that you will cease to use the Verified Media or any other images if such images cease to accurately represent your Listing. If a Provider fails to provide any imagery for a Listing, the Provider agrees for Hyera to provide its own media to represent the Provider across Hyera’s Site and Services.

All images, materials and content created by these photographers and videographers, including Verified Media, constitute Hyera Content, regardless of whether you include them in your Listing. You agree that Hyera may use Verified Media and Collective Content for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.

As a Provider, you shall welcome, with reasonable notice, Hyera or a third party selected by Hyera to visit your premises for purposes, including but not limited to course and product testing, site reviews and the production of Hyera Content (including Verified Media).

 

Bookings and Financial Terms for Providers

As a Provider, if a booking is requested for your Adventure via the Site or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site or Services, we will share with you (i) the first and last name of the Participant who has requested the booking, and (ii) a link to the Participant's Hyera Account profile page. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Hyera for the requested booking will be refunded to the applicable Participant's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Participant, Hyera will send you an email, or message via the Site confirming such booking, depending on the selections you make via the Site and Services. You as a Provider are responsible for ensuring the e-mail address featured on Hyera is both functioning and regularly checked.

If you owe or agree to pay any amount to Hyera (whether as a result of your bookings or actions as a Participant or otherwise), then Hyera may (but is not obliged to) withhold the amount owing to us from any payout amounts due to you as a Provider, and use the withheld amount to setoff the amount owed by you to Hyera. If we do so, then your obligation to pay Hyera will be extinguished to the extent of the amount withheld by us, and Hyera will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Hyera by you. Such communication may be made by Hyera or by anyone on its behalf, including but not limited to a third party collection agent.

 

Appointment of Hyera as Limited Payment Collection Agent for Provider

Each Provider hereby appoints Hyera as the Provider's limited payment collection agent solely for the purpose of accepting the Booking Fees from Participants.

Each Provider agrees that payment made by a Participant through Hyera, shall be considered the same as a payment made directly to the Provider, and the Provider will make the Adventure available to the Participant in the agreed-upon manner as if the Provider has received the Booking Fees. Each Provider agrees that Hyera may, in accordance with the cancellation policy selected by the Provider and reflected in the relevant Listing, (i) permit the Participant to cancel the booking and (ii) refund (via Hyera) to the Participant that portion of the Booking Fees specified in the applicable cancellation policy. Each Provider understands that as Hyera accepts payments from Participants as the Provider's limited payment collection agent and that Hyera’s obligation to pay the Provider is subject to and conditional upon successful receipt of the associated payments from Participants. Hyera does not guarantee payments to Providers for amounts that have not been successfully received by us from Participants. In accepting appointment as the limited authorized agent of the Provider, Hyera assumes no liability for any acts or omissions of the Provider.

Please note that Hyera does not currently charge fees for the creation of Listings. However, you as a Provider acknowledge and agree that Hyera reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Hyera will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.

 

Service Fees

In consideration for the use of Hyera's online marketplace and platform, Hyera charges Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Booking Fees (less Service Fees). Hyera deducts the Service Fees from the Booking Fees before remitting the balance to the Provider as described in these Terms.

Balances will be remitted by Hyera to Providers via PayPal, direct deposit or other payment methods, as described on the Site, in the Provider's currency of choice, depending upon the selections the Provider makes via the Site and Services.

 

Please note that Hyera may impose or deduct foreign currency processing costs on or from any payments or payouts by Hyera in currencies other than Pounds Sterling (‘GBP’). More information on any such costs or deductions or Services Fees can be provided upon request by emailing support@hyera.co.uk. Except as otherwise provided herein, Service Fees are non-refundable.

 

2.       General Booking and Financial Terms

Cancellations and Refunds

If, as a Provider, you cancel a confirmed booking, you agree that Hyera may apply penalties or consequences to you or your Listing, including (i) publishing a review on your Listing indicating that a reservation was cancelled, (ii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Hyera Account).

If, as a Provider, your Participant cancels a confirmed booking or Hyera decides that it is necessary to cancel a confirmed booking, and Hyera issues a refund to the Participant in accordance with any applicable cancellation policies, you agree that in the event you have already been paid Hyera shall be entitled to recover the amount of any such Participant refund from you, including by subtracting such refund amount out from any future Booking Fees due to you.

 

Taxes

You as a Provider understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Hyera cannot and does not offer Tax-related advice to any Members.

Where applicable, or based upon request from a Provider, Hyera may issue a valid VAT invoice to such Provider.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Adventure is located may require Taxes to be collected from Participants or Providers on the amount paid for the right to operate and/or participate in Adventures, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Booking Fees set by Providers.

 

Safety

Hyera requires all Members creating Listings on the Site or Services to meet certain minimum safety and insurance standards, such that any Participant will not be placed at undue risk of harm during an Adventure, beyond the operational average of the specific sport or activity involved.

 

Hyera reserves the right, at any time and without prior notice, to change these safety and insurance standards, and close any Listings found not to meet the revised standards. Any changes to these standards will be communicated in writing and given by Hyera (i) via email (in each case to the address that you provide) or (ii) by posting to the Site.

 

3.       Quality Assurance, Reporting & Compliance

If you, as a Provider, are found to be consistently unsatisfactory to Hyera customers, a two-strike system shall be operated, whereby the Provider is first given notice and a summary of customer complaints, and should no improvement be noticed over an agreed period, Hyera reserves the right to close your account. Any outstanding Customer orders made prior to the termination of this agreement will either be honoured or refunded.

Hyera may occasionally use mystery shoppers for purposes of monitoring Provider standards and performance. The Provider may request the findings of this research. The Provider agrees information provided by these agents may be used as evidence of grounds for suspension or termination of your account.

 

4.       Proprietary Rights Notices

Providers with current Listings on the Site or Services are permitted to use certain logos in their promotional materials and website, subject to our guidelines regarding the use of Hyera trademarks and logos.

 

5.       Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Hyera's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Hyera may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

6.       Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Hyera (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

7.       Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of England. You and we agree to submit to the non-exclusive jurisdiction of Her Majesty’s Courts of Justice of England and Wales for resolving any dispute between the parties. If Hyera wishes to enforce any of its rights against you, we may elect to do so in the courts of England and Wales or in the courts of the jurisdiction in which you are resident.

 

8.       General

The failure of Hyera to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hyera. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

9.       Contacting Hyera

If you have any questions about these Terms, please contact Hyera.

 

Hyera Adventure Ltd is registered in England and Wales under Registration No 09083315.

Head Office: Rockhopper House, Ormond Avenue, London TW12 2RU

Last updated: 2nd February 2016.


The above supersedes all previous terms and conditions.