ARRIVE Services Agreement
Last updated January 20th, 2025
Please read these terms and conditions (“Agreement”, “General Terms and Conditions of Use”, or “G–TOS”) carefully before using the website, mobile application and services offered by ARRIVE.Live (“ARRIVE”). This Agreement sets out the legally binding terms and conditions for your use of the website at www.ARRIVE.live (“the Site”), our mobile application and all services provided by ARRIVE.
1. General Usage
1.1 By using the Site or our mobile application (collectively known as “The ARRIVE Platform”, “The Platform” or “Our Platform”) in any manner whatsoever, including but not limited to visiting or browsing it, you agree to be bound by this Agreement, including those additional terms, conditions and policies referred to herein and/or available by hyperlink. This Agreement applies to all users of The Platform, including without limitation those who are Members, Clients and/or Performers (as each of these words are defined below). Failure to abide by these Terms and Conditions of Use may subject you to civil and criminal penalties as well as to loss of access to The Platform or its services in whole or in part.
1.2 If you use Our Platform or services 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 this Agreement. In such a case, “you” and “your” will refer and apply to that company or other legal entity as well as to you personally.
1.3 Certain areas of Our Platform (and your access to or use of certain aspects of our services or Collective Content thereon) may have additional or superceding terms and conditions posted, or may require you to agree with and accept such additional or superceding terms and conditions. If there is a conflict between these general Terms and Conditions of Use and the additional or superceding terms and conditions posted for a specific area of Our Platform, services, or Collective Content, the latter terms and conditions will take precedence with respect to your access to or use of that specific part of Our Platform, services, or Collective Content.
If you have any questions, please refer to the Help Section
2. What Is ARRIVE and How Does It Work?
2.1 ARRIVE provides an online platform that connects professional and amateur musicians, singers, disc-jockeys, comedians, skit actors, speakers, magicians, dancers, entertainers and performing artists generally with Clients requiring music or other kinds of performing art for live events, recording or other purposes.
2.2 You may view Performer profiles as an unregistered visitor to Our Platform. However, if you wish to book a Performer or create a Performer profile, you must first register and create an ARRIVE account.
2.3 Performers may post a profile on The ARRIVE Platform which outlines their skill set and advertises the performance(s) they are able to deliver through an ARRIVE Booking. These profiles are made available to users and Clients via The Platform. Upon reviewing the available profiles, Clients may send a Booking Request for their Event to a Performer through The ARRIVE Platform. If the Performer accepts the Booking Request, a legally binding contract between the Client and the Performer is thereby formed.
2.4 YOU UNDERSTAND AND AGREE THAT ARRIVE IS NOT A PARTY TO ANY AGREEMENTS BETWEEN PERFORMERS AND CLIENTS, NOR IS ARRIVE A MUSIC AGENT OR INSURER. ARRIVE HAS NO CONTROL OVER THE CONDUCT OF PERFORMERS, CLIENTS OR OTHER USERS OF THE SITE, OR MOBILE APPLICATION AND EXPRESSLY DISCLAIMS ALL LIABILITY INVOLVING SUCH MATTERS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2.5 ARRIVE cannot guarantee and does not warrant the identity, age, or nationality of any user or the accuracy of any information on a user’s profile published on The ARRIVE Platform. Accordingly, all users are encouraged to perform their own due diligence in order to verify essential information prior to finalizing a Booking. Making good use of the direct communication tools available on The ARRIVE Platform can be an important part of your required due diligence.
2.6 By accepting a Booking Request and forming a contract with a Client, a Performer acknowledges that he/she/they is/are solely responsible for ensuring that all legal requirements and responsibilities connected with the booked performance are or will be satisfied. ARRIVE will not be held responsible by either party if Performers are prohibited from entering or working in the country where an Event is physically located. ARRIVE recommends that both Performer and Client carry out such timely checks as may be necessary to ensure that the fulfillment of a Booking will not be in breach of any applicable law.
2.7 You agree that ARRIVE is a marketplace and as such it is not responsible or liable for any Content posted to The Platform by Members or third-parties, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio or video files, and links.
2.8 ARRIVE is not an owner, operator or provider of performing art services and ARRIVE does not own, manage and/or control Performers or the intellectual property owned or used by Performers. Unless explicitly specified otherwise in this or a superceding Agreement, ARRIVE’s responsibilities are limited to: (i) facilitating the availability of The Platform and its services; and, (ii) in some cases, serving as the limited payment collection agent for a Performer.
You accept that use of The ARRIVE Platform is solely at your own risk.
3. Definitions and Pronoun Usage
“ARRIVE Content” means all Content that ARRIVE makes available through The Platform and its services, including any Content licensed from a third-party, but excluding Member Content.
“Booking” (when capitalized and used as a noun) refers to a job, gig or contracted performance arranged through Our Platform. Synonymous with “Event”.
“Booking Request”means a job or gig offer sent by a Client to a Performer via The Platform.
“Booking Request Period” means the allowed time period (as determined by ARRIVE) starting from when a Booking Request is sent by a Client, and within which a Performer may decide to confirm or reject said Booking Request. If the Performer does neither within the Booking Request Period, this inaction is deemed to be a rejection of the Booking Request. Different Booking Request Periods may apply in different places, but will always be set and published by ARRIVE.
“Collective Content” means Member Content and ARRIVE Content.
“Content” means text, graphics, images, music, software (excluding the mobile application), audio or video files, information and other such materials.
“Client” means an ARRIVE Member who requests a Booking from a Performer via The ARRIVE Platform or one who is deemed to have done so.
“Member” means a user who completes ARRIVE’s account registration process, including but not limited to Performers and Clients.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in his/her/their Member profile or otherwise to be made available through The Platform.
“Performer” means a Member who creates an ARRIVE profile via The Platform and thereby offers to play music, act, dance, sing, disc-jockey, speak, do magic tricks, tell jokes, entertain or otherwise demonstrate performing artistry of a similar kind at a time and place to be agreed upon with the Client – or someone who is deemed to have done so.
“The Platform”, “Our Platform” or “The ARRIVE Platform” refers to the SIte and our ARRIVE mobile application collectively.
“Tax” or “Taxes” (whether capitalized or not) include any form of sales tax that service providers may be required by law to collect and remit to governmental agencies. Not to be confused with income tax, remission of which is always the sole responsibility of the entity receiving the subject income.
“You” (whether capitalized or not) refers to the reader and/or a user of The Platform.
“We”, “Us”, and “Our” (whether capitalized or not) refer to ARRIVE.
Inclusive Pronouns Policy: Throughout this or any superceding Agreement, the use of gendered pronouns and their grammatically correct derivatives shall be deemed to include or be replaced by whatever more inclusive pronouns and corresponding derivatives may be applicable to or preferred by the reader. In all such cases, the reader agrees and accepts that the meaning and enforceability of the provision, term, condition or text to which this modification is applied or deemed to apply shall be equivalent and have the same legal effect as if the actually used pronouns and/or derivatives were the more applicable or preferred ones.
4. Modification
ARRIVE reserves the right to modify The Platform and its services, its fees and these or any superceding Terms and Conditions of Use at any time and without prior notice. If we do so modify then we will post the modification on The Platform or otherwise provide you with timely notice of it. We will also update the “Last Updated Date” at the top of the new Terms and Conditions of Use. By continuing to access or use Our Platform or services after we have so posted a modification or otherwise provided you with notice of it, you agree to be bound by the modified Terms and Conditions of Use and accept that all previous versions are thereby superceded. If the most recently adopted Terms and Conditions of Use are not acceptable to you, you must cease using The Platform and its services immediately.
5. License To Use The Platform
5.1 You may view, download, cache or print pages from the Site using a web browser subject to the other provisions of this Agreement. You may play or stream audio or video files from the Site or make use of our services by means of a web browser subject to the other provisions herein. You may also use the ARRIVE mobile application to do any of the aforementioned.
5.2 Badge use: If a Performer wishes to use the “Find me on ARRIVE” badge to advertise and promote his/her/their listing on ARRIVE, they are free to do so. Details can be found on the ARRIVE Help Centre.
5.3 Except as expressly permitted, you must NOT download any material from The Platform, or save any such material to your computer or other electronic device (including storage devices).
5.4 You may only use The Platform for your own personal or business purpose(s) and you must NOT use the Site, mobile application, or services thereon for any other purpose(s).
5.5 Except as expressly permitted, you must NOT edit or otherwise modify any material on The Platform.
5.6 Unless you own or control the relevant rights in the material, you must NOT: (i) republish material from The Platform; (ii) sell, rent or sub-license material from The Platform; (iii) show any material from The Platform in public; (iv) exploit material from The Platform for a commercial purpose; or, (v) redistribute material from The Platform. Notwithstanding this, you may freely redistribute our newsletter in print or electronic form to any person or other legal entity.
5.7 We reserve the right to restrict access in whole or in part to Our Platform, at our sole discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures we have so applied to Our Platform.
6. Acceptable Use
6.1 You must NOT: (i) use The Platform in any way or take any action that causes, or may cause, damage to The Platform or impairment of the performance, availability or accessibility of The Platform; (ii) use The Platform in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (iii) use The Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious software; (iv) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our Platform without our prior and express written consent; (v) access or otherwise interact with Our Platform using any robot, spider or other automated means; (vi) violate the directives set out in the robots.txt file for the Site; or, (vii) use data collected from the Site for any marketing activity (including without limitation electronic marketing, telemarketing and direct mailing).
6.2 You must not use data or information collected from Our Platform to contact individuals, companies or other legal entities except through the messaging service provided by Our Platform. You must ensure that all the information you supply to us through or in relation to Our Platform, is true, accurate, current and non-misleading.
6.3 Your use of external services (e.g. Google Maps APIs) embedded within Our Platform is subject to the external service provider’s terms of use.
7. Membership Eligibility and Conditions
7.1 Legal Capacity: ARRIVE’s services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is accurate and truthful. ARRIVE may, in its sole discretion, refuse to offer access or use of The Platform to any person or entity and may change its eligibility criteria for this at any time without notice to you. This provision is void where prohibited by law and the right to access The Platform is revoked in such jurisdictions.
7.2 Compliance: You agree to comply with all applicable laws regarding online conduct and acceptable content. You are responsible for all taxes payable as a result of your activity on The ARRIVE Platform. In addition, you agree to abide by ARRIVE’s policies as stated in this and any superceding Agreement, along with other operative rules, policies and procedures that may be published or updated by ARRIVE on The Platform at any time.
7.3 Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify ARRIVE of any unauthorized use of your password or any breach of security related to your account. You also agree that ARRIVE cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any party other than ARRIVE without ARRIVE’s prior and express written permission.
7.4 Account Information: You must keep your account information up-to-date and accurate at all times, including current email, street and postal addresses.
7.5 Account Transfer: You may NOT sell, rent, lease, gift, loan or otherwise transfer your ARRIVE account and/or User ID to another party. If you are registering as a business entity, then you (the individual filing the registration) personally represent, guarantee and warrant that you have the authority to bind the business entity to this Agreement and do so by completing the registration process.
7.6 Account Ownership: ARRIVE Members may only hold and operate one active account at any time and the account must only be operated by the named account holder. If a secondary account is required then the Member must request prior written permission from ARRIVE. ARRIVE reserves the right to reject any such request and may, at its sole discretion, terminate additional accounts or accounts being operated by a person other than the named account holder without prior warning.
7.7 Feedback: ARRIVE takes feedback integrity seriously. Members may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account and offering incentives/bribes in return for specific feedback. ARRIVE reserves the right to remove any feedback which it suspects has been posted as a result of such manipulation and may close any account associated with such activity.
7.8 Right To Refuse Service: ARRIVE reserves the right to refuse service to anyone at any time. ARRIVE’s services are not available to temporarily or indefinitely suspended ARRIVE Members. ARRIVE reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts without notice or liability.
7.9 ARRIVE reserves the right to suspend or remove without notice the account of any Member engaging in abusive behavior directed towards any other person or legal entity.
7.10 You may register and become a Member directly on The Platform or by logging into your account with certain third-party social networking sites (“SNS”). You may link your ARRIVE account with a third-party SNS by either: (i) providing your third-party SNS login information to ARRIVE through Our Platform; or, (ii) allowing ARRIVE to access your third-party SNS under the applicable terms and conditions that govern your use of the said third-party SNS. You represent and warrant that you are entitled to disclose your third-party SNS login information to ARRIVE and/or grant ARRIVE access to it without breach of any of the terms and conditions that govern your use of said third-party SNS and without obligating ARRIVE to pay any fees or making ARRIVE subject to any usage limitations imposed by such third-party service providers. By granting ARRIVE access to any third-party SNS, you understand that ARRIVE will access, make available and store (if applicable) any Content that you have provided to and stored in your third-party SNS account (“SNS Content”) so that it is available on and through Our Platform via your ARRIVE Account Profile Page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of this or any superceding Agreement. Depending on the third-party SNS and subject to your privacy settings thereon, personally identifiable information that you post, will post, or have posted to the third-party SNS will be available on and through your ARRIVE Account on Our Platform.
7.11 If a third-party SNS or associated service becomes unavailable or ARRIVE’s access to it is terminated for any reason, then SNS Content will no longer be available on and through Our Platform. You have the ability to disable the connection between your ARRIVE Account and your third-party SNS, at any time by accessing the “Settings” section of Our Platform. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. ARRIVE does not review, approve or endorse SNS Content for any purpose, and therefore expressly disclaims any responsibility for any and all SNS Content.
7.12 Your ARRIVE account and your ARRIVE account Profile Page will be created for your use of The Platform based upon the personal information you provide to us or that we obtain via a third-party SNS as described above.
8. Fees and Services
8.1 ARRIVE charges a percentage of the performance fee when a Performer is booked for an Event via Our Platform. This fee applies to any Event booked through The Platform in whole or in part, for which a Performer receives or is owed remuneration, regardless of how or where negotiation and agreement between the parties took place.
8.2 ARRIVE’s Fees And Services are subject to change. Increases to fees for ARRIVE’s services are effective immediately after ARRIVE posts the updated fees to The Platform. However, temporary changes to fees and services for promotional purposes are effective when ARRIVE posts notice of the temporary promotion on Our Platform. ARRIVE may decrease its fees without notice.
8.3 ARRIVE may, at its sole discretion, change some or all of its services at any time. If ARRIVE introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in US Dollars.
8.4 Client accounts must be kept up-to-date such that all fees are paid by their due date or the account may be suspended until all outstanding fees are paid in full. Any Member account can be closed or downgraded at any time.
8.5 You are responsible for paying all fees and applicable taxes associated with using ARRIVE. ARRIVE keeps accepted payment information in accordance with its Privacy Policy. If fees are due to ARRIVE, then we will invoice the Client for the amount due. This amount will be taken automatically by ARRIVE where possible two business days following the date of the invoice.
8.6 Fees Upon Termination: If ARRIVE terminates your account, if you close your account, or if the payment of your ARRIVE fees are not completed for any reason, then you still remain obligated to pay ARRIVE for any unpaid balance, including applicable penalties. If a Client’s account is not paid in full when due, then the Client risks suspension of privileges, termination of his/her ARRIVE account and/or legal action. If you have a question or wish to dispute a charge, please contact ARRIVE as soon as possible.
8.7 Where applicable, taxes will also be charged on fees. This will always be reflected in the Total Amount Due and accounted for as a separate line item on the invoice.
8.8 ARRIVE may impose or deduct foreign currency processing costs on or from any payments or payouts by ARRIVE in currencies other than US Dollars. More information on any such costs or deductions will be posted on The Platform. More information on service fees can be found at our Help Center. Except as otherwise provided herein, service fees and associated taxes are non-refundable.
9. Rounding Off
ARRIVE may, in its sole discretion, round up or down amounts that are payable from or to Clients or Performers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency). Therefore, ARRIVE may round $101.50 up to $102.00 and may round $101.49 down to $101.00.
10. Payment Processing Errors
We will rectify any payment processing errors as soon as possible after we become aware of them. This will most likely be done by crediting or debiting (as appropriate) the same account or payment method used for the original payment or payout, such that you end up paying or receiving the correct amount.
11. Gigs and Bookings
11.1 As a Client, you understand and agree that once a Performer confirms your Booking Request, you may not ask the Performer to accept a lower fee than what was stated in the Booking Request.
11.2 You acknowledge and agree that you alone are responsible for any and all Member Content you post. Accordingly, you represent and warrant that any Member Content you post (and any Event at which you perform): (i) will not breach any agreement you have with a third-party (such as a music agency); and (ii) will (a) be in compliance with all applicable laws, rules, regulations and legal requirements (such as having all required permits, licenses and registrations and paying or being prepared to pay all applicable taxes and fees); and (b) not conflict with the rights of any third-party. ARRIVE assumes no responsibility for any Member’s legal duties to third-parties, nor said Member’s adherence to applicable laws, rules, regulations or other legal requirements. ARRIVE reserves the right, at any time and without prior notice, to remove or disable access to or from any Member for any reason. This may happen if ARRIVE, in its sole discretion, considers the Member Content or performance (if applicable) to be unacceptable for any reason, including violation of this or any superceding Agreement, any of ARRIVE’s policies or guidelines, or if it is otherwise deemed harmful to the Platform.
11.3 If you are a Performer, you understand and agree that ARRIVE does not act as your insurer or contracting agent. Any agreement you enter into with a Client is between you and the Client only and ARRIVE is not a party to it. Notwithstanding the foregoing, ARRIVE may serve as the limited payment collection agent of the Performer by collecting payments from Clients in accordance with the terms of the contract formed between said Performer and Client using the services of Our Platform. The payments so collected will include (when applicable) expenses, other fees and/or taxes.
11.4 ARRIVE recommends that Performers obtain appropriate insurance for their work and equipment. Please review any insurance policy that you may have carefully, and in particular make sure that you are familiar with and understand any exclusions and deductibles that may apply, including but not limited to coverage related to the actions or omissions of Clients (and individuals the Client invites or permits to attend the Event.
12. No Endorsement
12.1 ARRIVE does not endorse any Member or Performer. Members are required by this Agreement to provide accurate information to ARRIVE and other Members, particularly information critical to Booking negotiations. Nevertheless, and notwithstanding that ARRIVE may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members, we do not make any representations or warranties of any kind concerning such matters.
12.2 Any references on Our Platform 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 ARRIVE 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 with whom you communicate or interact via Our Platform. We therefore recommend that you always exercise due diligence and care when deciding whether to book a Performer or to accept a Booking Request from a Client or have any kind of interaction with others. We are not responsible for any damage or harm resulting from interactions between users, Members or third-parties however it may be caused.
12.3 By using Our Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users, Members or third-parties will be limited to a direct claim against the particular users, Members or third-parties who caused you harm. You agree not to seek any remedy or damages against ARRIVE regarding such actions or omissions.
13. Fee Avoidance
The price stated in each confirmed Booking must be an accurate representation of the sale. Members may not at any time alter prices to avoid ARRIVE service fees. Similarly, you may not at any time misrepresent the Event’s location, or use another user’s account without permission. Performers may not encourage Clients to purchase services listed on ARRIVE outside of The Platform (such as directly through their own website), nor falsely state or adjust expenses on the Booking in order to lower or avoid ARRIVE’s service fee.
14. Your Member Content
14.1 You warrant and represent that your Member Content will comply with these terms and conditions. Said content must not be illegal or unlawful, must not infringe the legal rights of any person or other legal entity, and must not be the subject of legal action in any jurisdiction. Your Member Content, and our use of it in accordance with this or any superceding Agreement, must not: (i) be libelous or maliciously false; (ii) be obscene or indecent; (iii) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right; (iv) infringe any right of confidence, privacy or data protection; (v) constitute negligent advice or contain any negligent statement; (vi) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; (vii) be in contempt of any court, or in breach of any court order; (viii) be in breach of applicable racial or religious hatred or non-discrimination legislation; (ix) be in breach of official secrets legislation; (x) be in breach of any contractual obligation owed to any person or other legal entity; (xi) depict violence in an explicit, graphic or gratuitous manner; (xii) be pornographic or sexually explicit; (xiii) be untrue, false, inaccurate or misleading; (xiv) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (xv) constitute spam; or, (xvi) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory. You agree that ARRIVE may legitimately deem this section violated based upon its reasonable and honestly held, though subjective judgment.
14.2 Your Member Content must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information.
14.3 Your Member Content must not modify, adapt or hack The ARRIVE Platform or modify another website so as to falsely imply that it is associated with ARRIVE. Further, you must not list any services on ARRIVE (or conclude any transaction that was initiated using Our Platform) that, because of any fee paid to or payment collected by ARRIVE, could make ARRIVE party to the violation of a law, regulation or ordinance in any involved jurisdiction.
14.4 You are solely responsible for your conduct and activities on The ARRIVE Platform and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio files, video files, items, and links that you submit, post, and display on Our Platform.
15. Breaches of This Agreement and Remedies
15.1 Without prejudice to our other rights and remedies, if you breach this Agreement in any way, or if we suspect that you have breached it in any way, we may without notice and without refunding any fees: (i) send you one or more formal warnings; (ii) temporarily suspend your access to Our Platform in whole or in part; (iii) permanently prohibit you from accessing Our Platform; (iv) block your IP address from accessing Our Platform; (v) contact any or all of your Internet service providers and request that they block your access to Our Platform; (vi) commence legal action against you; and/or (vii) suspend or delete your account on Our Platform.
15.2 Without prejudice to our other rights and remedies, ARRIVE may, without notice and without refunding any fees: (i) delay or immediately remove Content; (ii) warn ARRIVE’s community of a user’s conduct; (iii) issue a warning to a user, (iv) temporarily or indefinitely suspend a user’s account privileges; (v) terminate a user’s account; (vi) prohibit access to The Platform in whole or in part; and/or, (vii) take other technical or legal steps to keep a user off The Platform and/or refuse to provide services to that user if any of the following apply: (a) ARRIVE suspects a user has breached this Agreement or other policy documents/guidelines; (b) ARRIVE is unable to verify or authenticate any of the user’s personal information or Member Content; (c) ARRIVE believes that a user is acting inconsistently with the letter or spirit of ARRIVE’s policies and/or this Agreement; (d) ARRIVE believes that the user has engaged in improper or fraudulent activity in connection with ARRIVE; or, (e) ARRIVE believes that the actions of such user may cause legal liability or financial loss to other users or to ARRIVE.
15.3 If we suspend, prohibit or block your access to Our Platform in whole or in part, you must not take any action to circumvent or attempt to circumvent such suspension, prohibition or blocking (including without limitation, creating and/or using a different account).
16. Our Use of Member Content and Material
16.1 License: ARRIVE does not claim ownership rights in any of your Member Content. However, you grant ARRIVE a license to use any information or Member Content you supply to ARRIVE such that ARRIVE is not violating any rights you might have in said Member Content. Specifically, you grant ARRIVE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Member Content, in any media now known or not currently known. You further agree to allow ARRIVE to store or re-format your Member Content on Our Platform and display your Member Content thereon in any way ARRIVE may choose. ARRIVE will only use personal information in accordance with ARRIVE’s Privacy Policy or as required by law.
16.2 By uploading Member Content to ARRIVE, you agree and warrant that you own and/or have the right to use such Member Content in this manner and that it does not infringe any third-party’s intellectual property rights. If ARRIVE receives a complaint regarding any of your Member Content, it shall be your sole responsibility to deal with said complaint immediately and to compensate ARRIVE for any loss suffered. ARRIVE reserves the right to remove any such Member Content without notice or liability to you.
16.3 Reposting Member Content: You acknowledge that by posting Member Content on Our Platform, it is possible for an outside website or a third-party to repost that Member Content. You agree to hold ARRIVE harmless concerning any such eventuality.
16.4 Idea Submissions: ARRIVE considers any suggestions, ideas, proposals or other material (excluding Member Content) submitted to it by users (collectively, “Material”) to be non-confidential and non-proprietary, and ARRIVE shall not be liable for the disclosure or use of such Material. If, at ARRIVE’s request, any Member sends Material to improve The Platform (for example to customer support), ARRIVE will also consider that Material to be non-confidential and non-proprietary and ARRIVE will not be liable for its use or disclosure. Any communication by you to ARRIVE is subject to this Agreement. You hereby grant to ARRIVE a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it into the systems or documentation of any product or service, without compensation, accounting, notice or liability to you.
17. Interaction With Others and Private Messaging
17.1 Users are solely responsible for their interactions with others. Users understand that ARRIVE does not in any way screen its users. All users agree to exercise caution and good judgment at all times when interacting with others, particularly if meeting offline or in person. Users engaging in any such activity do so strictly at their own risk.
17.2 “Messages” is a service of Our Platform similar to email that allows you to communicate privately with other ARRIVE Members. This service is primarily intended for communicating about transactions and Bookings that are underway. ARRIVE reserves the right to monitor and moderate all communication on Messages in accordance with our Privacy Policy and applicable law.
17.3 You must NOT use Messages to send unsolicited advertising, promotions, or spam. You must not pass on other users’ email addresses or similarly sensitive personal information of others to any third-party. Spamming other Members in order to ask them to follow your profile or similar behavior will not be tolerated.
17.4 Use common sense and caution when giving out your personal information to others via Messages. For example, do not send someone your credit card details.
17.5 You must NOT use Messages to knowingly harass, threaten, blackmail or abuse another Member. If someone asks or tells you not to contact him/her, you must not use Messages to contact that Member again unless you are involved in an open transaction with him/her, and then only for the purpose of concluding the transaction.
17.6 You must NOT use Messages to interfere with a transaction or potential transaction. This means: (i) you must NOT contact another Member to buy or sell a service listed on ARRIVE outside of The ARRIVE Platform; and, (ii) you must NOT communicate with a Member involved in a pending or contemplated transaction for the purpose of discouraging said pending or contemplated transaction.
17.7 As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact ARRIVE Support to have your account activity reviewed and your account reactivated if it is spam-free.
17.8 ARRIVE may monitor and moderate communication on Messages for the security of our Members and the integrity of Our Platform. By using Messages, you give us permission to do this. Such monitoring and moderation is consistent with our Privacy Policy and will only be carried out by automated means or trusted members of the ARRIVE team. We will never share, sell, pass on, disclose or otherwise distribute your private messages unless required by law.
18. Information Control and Risks
18.1 ARRIVE does not control the Content provided by users that is made available on Our Platform. You accept that you may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks related to dealing with possbly underaged individuals, people using false identities and/or acting under false pretenses, as well as risks inherent with international trade. By using ARRIVE, you accept such risks and take full responsibility for absorbing any and all forms of injury, loss or harm that may result.
18.2 Other Resources: ARRIVE is not responsible for the availability of outside websites, services or other resources linked to or referenced on Our Platform. ARRIVE does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites, services or resources. You agree that ARRIVE shall not be responsible or liable, directly or indirectly, for any damage, harm or loss caused by or in connection with the use of or reliance upon any such content, including goods or services available on or through said websites, services or resources or via pop-ups which may appear on your computer or other electronic device when using Our Platform.
19. Resolution of Disputes
19.1 If you have any question, issue or concern relating to ARRIVE, Our Platform or its services, please contact ARRIVE as soon as possible and we will attempt to resolve the situation without escalation to more formal and costly dispute resolution procedures.
19.2 Any dispute arising from or related to the subject matter of this Agreement that cannot be resolved informally shall be subject to the exclusive jurisdiction of courts of law and equity located in British Columbia, Canada, or, at the sole option of ARRIVE, the jurisdiction of a private arbitration service so located. In either case, the dispute shall be settled in accordance with the applicable federal laws of Canada and provincial laws of British Columbia, including the legal principles and precedents customarily recognized by courts of law and equity located in British Columbia, Canada. Use of Our Platform is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this section.
19.3 ARRIVE may try to help informally resolve disputes between Members, but has no obligation to do so. To the extent that ARRIVE attempts to help resolve a dispute it will do so in good faith, based solely on the facts of the case as determined by ARRIVE, this Agreement and its other relevant policies. ARRIVE will not make judgments regarding legal issues or claims, and some disputes related to financial transactions may ultimately be determined by our third-party payment processor.
20. ARRIVE’s Intellectual Property
The trade name ARRIVE, ARRIVE graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of ARRIVE. ARRIVE’s copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used by any legal entity other than ARRIVE, except as expressly authorized in writing by ARRIVE. This includes, without limitation, prohibition of use of our intellectual property as part of trademarks and/or domain names or email addresses connected with any other legal entity.
21. Privacy
Except as provided in ARRIVE’s Privacy Policy or required by law, ARRIVE will not sell, rent, lease, loan, gift or otherwise transfer or disclose your personal information to any third-party without your explicit consent.
You acknowledge that our website uses cookies and consent to their use in accordance with our Privacy Policy.
22. No Warranty
ARRIVE PROVIDES OUR PLATFORM AND SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ARRIVE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ARRIVE SHALL BE DEEMED TO CREATE ANY WARRANTY UNDER ANY CIRCUMSTANCES.
23. Limitation and Exclusion of Liability
23.1 You agree that nothing in a Booking contract formed in whole or in part through use of The ARRIVE Platform shall be recognized or understood to: (i) limit or exclude liability of the parties thereto for death or personal injury resulting from negligence; (ii) limit or exclude liability of the parties thereto for fraud or fraudulent misrepresentation; or, (iii) limit or exclude liability of the parties thereto in any way that is not permitted under applicable law.
23.2 You agree and accept that ARRIVE will not be liable to you under any circumstances by virtue of any reason or cause of action except as may be non-disclaimable in accordance with applicable statute law or legal precedent. Further, you agree and accept that to the extent ARRIVE may be liable to you, such liability shall be strictly limited to the greater of: (i) the total amount of fees you paid to ARRIVE over the 12 months immediately preceding the attachment of said liability; or, (ii) CAD$100.
23.3 You agree and accept that under no circumstances shall ARRIVE’s officers, directors, affiliates, partners, agents, employees or contractors be liable to you by virtue of any reason or cause of action except as may be non-disclaimable in accordance with applicable statute law or legal precedent. Further, you agree and accept that to the extent ARRIVE may be liable to you, such liability shall be strictly limited to the greater of: (i) the total amount of fees you paid to ARRIVE over the 12 months immediately preceding the attachment of said liability; or, (ii) CAD$100.
23.4 You agree not to participate in any class action claim against us for any reason in any jurisdiction.
24. Indemnity
You agree to release, defend, indemnify, and hold ARRIVE and its officers, directors, affiliates, subsidiaries, partners, agents, employees and contractors harmless from any claim, liability, loss, harm, or expense including, without limitation, legal and accounting fees for which ARRIVE and its officers, directors, affiliates, subsidiaries, partners, agents, employees and contractors may otherwise be liable to you.
25. No Guarantee
You understand and accept that ARRIVE does not guarantee continuous, uninterrupted access to The Platform or its services, and that numerous factors outside of ARRIVE’s control may impede the availability and/or operation of The Platform and/or its services.
26. Severability
If any provision, section, or portion of this Agreement is held to be unenforceable as written, then such provision, section or portion shall be deemed modified and enforceable to the greatest extent possible that is consistent with the evident or logically presumed intention of the parties. All remaining provisions, sections and portions of this Agreement shall remain in full force and effect.
27. No Agency
You acknowledge that no agency, partnership, joint-venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement, nor by your use of The Platform and its services, except where explicitly stated in this or any superceding Agreement (such as when ARRIVE acts as the limited payment collection agent of a Performer).
28. Right To Terminate Platform or Service
ARRIVE reserves the right to modify or terminate the ARRIVE Platform or service for any reason, at any time, and without notice. ARRIVE may alter these Terms and Conditions of Use or other Platform policies at any time. If ARRIVE makes a material change ARRIVE will notify you here, by email, by means of a notice on our home page, or by other means as ARRIVE deems appropriate. What constitutes a “material change” will be determined solely by ARRIVE using good faith, common sense and reasonable judgment.
29. Notices
29.1 Except as explicitly stated otherwise, any required notice shall be given by email to support@ARRIVEbooking.com (if ARRIVE is the recipient) or (if you are the recipient) to the email address you provided to us (during the registration process or when your email address last changed). Notices shall be deemed received 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, ARRIVE may deliver your notice by post. In such a case, the notice shall be deemed received three days after the date of posting.
29.2 ARRIVE will make best efforts to address all concerns and complaints as soon as reasonably possible following their receipt.
29.3 For reports alleging infringement of intellectual property rights, please provide the notice as specified in ARRIVE’s Intellectual Property Policy.
30. Assignment
30.1 You hereby agree that ARRIVE may freely assign, sell, rent, lease, loan, gift, transfer, sub-contract or otherwise deal with its rights under this or any superceding Agreement without notice or liability to you.
30.2 You hereby agree that you may NOT assign, sell, rent, lease, loan, gift, transfer, sub-contract or otherwise deal with any of your rights under this or any superceding Agreement without the prior and express written consent of ARRIVE.
31. Third-Party Rights
This Agreement is for our benefit and your benefit exclusively, and is not intended to benefit or be enforceable by any third-party. Further, the exercise of our rights or your rights under this Agreement is not subject to the consent of any third-party.
32. Statutory and Regulatory Disclosure
We are registered in British Columbia, Canada. Our Incorporation Number is BC1020705 and our GST number is 822114583 RT0001. You can reach us from our Contact Us page, or by email at: support@arrivebooking.com
33. Support
Support is available Monday through Friday, 9AM to 6PM PST (UTC-8). Support requests are answered in the order they are received.You can reach us from our Contact Us page, or by email at: support@arrivebooking.com