TERMS OF SERVICE

These Terms of Service (“Terms”) are a binding legal agreement between you and Try X Conquer that govern your use of the website, app, and other offerings from Try X Conquer (collectively, the “Try X Conquer Platform”).  

The Try X Conquer Platform offers an online venue that enables users (“Members”) to publish,  offer, search for, and book outdoor activities (“Events”). Members who publish and offer Events are “Ambassadors” and Members who search for, book, or participate in Events are “Participants.” Ambassadors offer “Events” on the Try X Conquer Platform by creating a “Listing ”. You must register an account to access and use many features of the Try X Conquer Platform, and must keep your account information accurate. As the provider of the Try X Conquer Platform, Try X Conquer does not own, control, offer or manage any Listings or Events. Try X Conquer is not a party to the contracts concluded directly between Ambassadors and Participants.

 

1. Our Mission.  

Try X Conquer is a tech-enabled platform built to empower Black womxn and womxn of color to try outdoor activities to help them conquer health and wellness challenges. We connect outdoor enthusiast Ambassadors to activity seeking members: Members can find accessible and affordable outdoor activities; Ambassadors earn money by leading them.  

 

2. Booking on Try X Conquer 

 

2.1 Booking. When you book an Event, you are agreeing to pay all charges for your booking  including the Event price, any applicable fees, and any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract is formed directly between you and the Ambassador. The cancellation policy and any other rules, standards, policies, or requirements identified in the Event Listing or during checkout form part of your contract with the Ambassador.  

 

2.2 Bookings for Events. A booking entitles you to participate in an Event. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Ambassador of any medical or physical conditions, or other circumstances that may impact your ability to participate in the Event. Except where expressly authorized, you may not allow any person to join an Event unless they  are included as an additional participant during the booking process.  

 

3.0 Cancellations and Refunds

3.1 Participant Cancellations. To receive a refund of the Event fee, Participants must cancel their booking 48 hours prior to the Event starting time.

 

3.2 Other Participant Refunds. Participants will receive a refund of the Event fee under the following circumstances: 

 

  • The Ambassador cancels the Event.  

  • The Ambassador arrives more than 20 minutes past the stated start time, causing the Participant to abandon the Event 

  • The Ambassador makes significant changes to the Event after booking.

  • The Event contains a safety or health hazard that would be reasonably considered to adversely affect the Participant.  

  • The weather presents an environment that would be unsafe to hold an event. 

3.3 Ambassador Cancellations. As an Ambassador, you agree not to cancel an Event after one or more Participant(s) has/have booked the Event unless severe weather would make the Event unsafe or you are directly involved in an emergency.  

This refund policy is not intended to constitute an offer of insurance by Try X Conquer and all determinations of Try X Conquer with respect to this policy shall be at Try X Conquer’s discretion, and final and binding on the Participants and Ambassadors.

 

4.0 Payment Processor 

We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms,  conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy . We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to  correct, any errors or mistakes.  

5.0 Platform Rules.  

Rules. You agree to follow these rules and not help or induce others to break or circumvent these rules.

 

  • Act with integrity and treat others with respect 

    • Do not lie, misrepresent something or someone, or pretend to be someone else. 

  • Be polite and respectful when you communicate or interact with others.

    • Do not discriminate against or harass others.  

  • Do not scrape, hack, reverse engineer, compromise or impair the Try X Conquer Platform

    • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Try X Conquer Platform.

    • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Try X Conquer Platform or Content.  

    • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Try X Conquer Platform.  

    • Do not take any action that could damage or adversely affect the performance or proper functioning of the Try X Conquer Platform.  

  • Only use the Try X Conquer Platform as authorized by these Terms 

    • You may only use another Member’s personal information as necessary to facilitate a transaction using the Try X Conquer Platform as authorized by these Terms.  

    • Do not use the Try X Conquer Platform or Members’ personal information to send commercial messages without the recipient’s express consent.  

    • Do not request, make, or accept a booking or payment outside of the Try X Conquer Platform to avoid paying fees, taxes or for any other reason.  

    • Do not use, copy, display, mirror or frame the Try X Conquer Platform, content, branding or any page layout or design without our consent.  

  • Honor your legal obligations 

    • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.  

    • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.  

    • Do not use the name, logo, branding, or trademarks of Try X Conquer or others without permission.  

    • Do not use or register any domain name, social media handle, trade name,  trademark, branding, logo, or other source identifier that may be confused with  Try X Conquer branding.  

    • Do not offer Events that violate the laws or agreements that apply to you. 

 

6. Participant Responsibilities, Assumption of Risk and Indemnification.  

 

6.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join an Event. For example, this means: (i) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional Participant who is a minor or if you bring a minor to an Event,, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.  

 

6.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising Out of your access to and use of the Try X Conquer Platform, including participation in any  Event or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate an Event to determine whether it is suitable for you.  You agree that you will: 

  • reasonably assess the risks involved in the Event and make an informed and voluntary  choice to participate; 

  • determine your fitness for participating in the Event(s) and your ability to fully  understand any directions or warnings presented; 

  • not participate in any Event when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Event;

  • act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Event. If you notice any hazard during an Event, you will stop participating in the Event immediately.

Events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Events.  

6.3 Indemnification. You agree, to the maximum extent permitted by law, that if you or anyone on your behalf makes a claim against Try X Conquer and/or an Ambassador, you will indemnify and hold Try X Conquer and/or the Ambassador harmless from any liability, demand, loss,  damage, or costs which Try X Conquer or the Ambassador(s) may incur as the result of such claim.  

7.0. Term and Termination 

7.1 Term. The agreement between you and Try X Conquer reflected by these Terms is effective when you create a profile on the Try X Conquer Platform and remains in effect until either you or we terminate the agreement in accordance with these Terms.  

7.2 Termination. You may terminate this agreement at any time by emailing  team@tryxconquer.com, from the email address you used to join, with the subject “Terminate.” Try X Conquer may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Try X Conquer may also terminate this agreement immediately and without notice and stop providing access to the Try X Conquer Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Try X Conquer, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.  

 

8.0. Modification.  

Try X Conquer may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Try X Conquer Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms by deleting your account. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Try X Conquer Platform will constitute acceptance of the revised Terms.  

 

Additional Term for Ambassadors 

 

9.0 Ambassador. As an Ambassador, Try X Conquer offers you the opportunity to share your Event with our community of Participants - and earn a bit of money doing it. It’s easy to offer an  Event on our Platform and you decide the details of the Event, such as location, price, time of day, and activity.  

 

9.1 Contracting with Participants. When you accept a booking request, or receive a booking confirmation through the Try X Conquer Platform, you are entering into a contract directly with the Participant and are responsible for delivering your Event under the terms specified in your offering. You are also agreeing to pay Try X Conquer’s 10% service fee for each Event, which will be deducted from your payout unless we and you agree to a different method. We use PayPal to make payouts to you and all payouts are made in accordance with PayPal’s Legal Agreements. We don’t control and are not liable for the security or performance of PayPal.  

 

9.2 Independence of Ambassadors. Your relationship with Try X Conquer is that of an independent individual and not an employee, agent, joint venturer, or partner of Try X Conquer. Try X Conquer does not direct or control your Event, and you agree that you have complete discretion whether and when to provide an Event.  

 

10. Managing Your Listings and Events.  

10.1 Creating and Managing Your Event. The Try X Conquer Platform provides tools that make it easy for you to set up a Listing. Your Listing must include: 

  • What Participants will be doing  

  • Meeting address and instructions for meeting up with the Ambassador

  • What’s included in the price 

  • What Participants need to bring with them (e.g. a bottle of water) 

  • The time and date of the Event 

 

You are responsible for keeping your Listing information and content up-to-date and accurate at all times. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to use it. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must not be discriminatory, obscene, harassing, deceptive, violent, or illegal.  

 

10.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Events. For example: Some cities have zoning or other laws that restrict the number of people permitted to gather in a public space or require permits or licenses for use of public spaces. We recommend you check your local rules to learn what rules apply to the Events you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Participants and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice.  

 

10.3 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Event. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Try X Conquer Platform.  

 

10.4 Taxes. As an Ambassador, you are responsible for determining and fulfilling any obligations under applicable laws to report, collect, remit, or include in your price any applicable taxes.  

 

10.5 Your Assumption of Risk. You acknowledge that acting as an Ambassador carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Try X Conquer Platform, offering Events, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Try X Conquer Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Events and that you are not relying upon any statement of law made by Try X Conquer.