Terms & Conditions

By accessing or using the Platform, you agree to these Terms of Service (the “Terms”). If you do not agree, do not use the Platform. If you are using the Platform on behalf of a company/organization, you represent that you have authority to bind that entity, and “you” includes that entity.

ActiBookly is an online marketplace that helps people discover, list, book, and pay for activities offered by third-party providers (“Providers”). People who book activities are “Participants.” ActiBookly is not the Provider. Unless explicitly stated, ActiBookly does not own, create, provide, control, or manage Activities. Providers are solely responsible for their Activities (including safety, quality, legality, insurance, licensing, and taxes). This “platform” framing mirrors how large marketplaces position themselves.

• You must be at least 18 to create an account (or the age of majority where you live). • If an Activity is for minors, a parent/guardian must book and is responsible for the minor’s participation and supervision unless the Provider states otherwise. • You agree to provide accurate information and keep your account secure. • You are responsible for all activity on your account.

If you are a Provider, you represent and warrant that: • Your listings are accurate (location, age requirements, prerequisites, equipment, risks, schedules, pricing, cancellation policy, etc.). • You hold all required permits, qualifications, certifications, and insurance for the Activity. • You will operate Activities safely and lawfully, and maintain reasonable safety standards. • You will comply with consumer protection and advertising laws (no misleading claims). ActiBookly may remove or suspend listings or accounts at any time where we believe there is a risk, policy violation, legal exposure, or poor user experience.

When you book an Activity, you agree to: • Follow the Provider’s published rules and safety instructions. • Provide truthful information required for safety/eligibility. • Show up on time and behave respectfully. Assumption of risk: Some Activities involve inherent risks (physical exertion, outdoor hazards, third-party venues, etc.). You understand and accept these inherent risks to the fullest extent permitted by law.

• Each Activity must display a cancellation/refund policy at booking. By booking, you agree to that policy. • ActiBookly may offer standardized cancellation policy options (e.g., flexible/moderate/strict), but the Provider is responsible for selecting and honoring the policy unless ActiBookly explicitly overrides it to resolve disputes or comply with law. • Refund timing depends on payment method and payment processors. Disruptions / force majeure: Weather, venue closures, illness, and other events may affect Activities. Providers should clearly state rescheduling/refund treatment for these events.

ActiBookly uses third-party payment processors (for example Stripe and/or its affiliates) and may use marketplace/connected account functionality for Provider payouts. Platform fees: ActiBookly may charge service fees to Participants and/or Providers. Fees will be disclosed before purchase or payout. Payout timing: Provider payout timing may depend on the Activity date, fraud/risk checks, refunds, disputes, chargebacks, and processor rules. Chargebacks/disputes: If a Participant initiates a chargeback or payment dispute: • ActiBookly and/or the payment processor may withhold the disputed amount and related fees. • The Provider agrees to cooperate in providing documentation (attendance records, messages, policy, etc.). • ActiBookly may recover chargeback amounts, processor fees, and administrative costs from the Provider where the dispute relates to the Provider’s performance, cancellation handling, listing accuracy, or policy violations. Taxes: Providers are responsible for determining and remitting any applicable taxes (GST/HST/PST, income tax, etc.) unless ActiBookly explicitly states otherwise.

The Platform may include messaging. You agree not to: • send spam, harassment, hate, or illegal content, • solicit off-platform payments to avoid fees, • share sensitive personal information unnecessarily. Marketing communications: Where required, ActiBookly will obtain consent before sending commercial electronic messages and will include identification and unsubscribe mechanisms.

Users may post reviews, photos, text, and other content (“User Content”). • You retain ownership of your User Content. • You grant ActiBookly a worldwide, royalty-free, sublicensable license to host, use, reproduce, modify (formatting only), display, and distribute User Content to operate, market, and improve the Platform. • You represent you have the rights to post your User Content and it does not violate law or third-party rights. ActiBookly may remove content that violates these Terms or harms the Platform.

ActiBookly’s name, logos, design, software, and Platform content (excluding User Content) are owned by ActiBookly or its licensors and are protected by law. You may not copy, modify, reverse engineer, or use our branding without permission.

You must not: • break laws, infringe rights, or violate others’ privacy, • scrape the Platform, probe security, or introduce malware, • misrepresent identity, run fraud, or circumvent fees, • list illegal, unsafe, or prohibited Activities, • use the Platform to harass or discriminate.

ActiBookly may offer optional verification steps (email/phone verification, ID checks, etc.), but does not guarantee any user’s identity or that an Activity is safe. Users should exercise judgment.

The Platform may integrate third-party tools (maps, analytics, payment processors). ActiBookly is not responsible for third-party services. Your use of those services may be governed by their own terms.

ActiBookly may suspend or terminate access at any time, with or without notice, where we believe there is fraud, risk, legal exposure, or violations. You may stop using the Platform at any time. Sections that by their nature should survive termination will survive (e.g., payments owed, limitation of liability, indemnity, dispute resolution).

To the fullest extent permitted by law, the Platform is provided “as is” and “as available.” ActiBookly disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement. ActiBookly does not warrant that Activities will meet expectations or that the Platform will be uninterrupted or error-free.

To the fullest extent permitted by law: • ActiBookly will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, data, goodwill, or reputation. • ActiBookly’s total liability arising out of or related to these Terms or the Platform will be limited to the greater of: (a) fees paid to ActiBookly in the 3 months before the event giving rise to liability, or (b) CAD $100.

You agree to indemnify and hold harmless ActiBookly and its directors, officers, employees, and agents from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: • your use of the Platform, • your Activities (if a Provider), • your breach of these Terms, • your violation of law or third-party rights, • your User Content.

These Terms are governed by the laws of Alberta and the applicable laws of Canada. You agree that disputes will be brought in the courts located in Alberta, unless mandatory consumer protection laws require otherwise.

We may update these Terms from time to time. We will post the updated Terms with a new effective date. Your continued use after changes means you accept the updated Terms.

Questions about these Terms: Email: support@actibookly.com