Payment and Payout Terms

Last updated: August 4, 2022

These Payment and Payout Terms are made pursuant to the Trustoa, Inc. (the “Company”) Terms of Service , which govern the use of the Company’s “GoGuide” application, website, and service, including any content, functionality and services offered on or through www.goguide.io or any other website through which the Company makes its services available (the “Website”), and to any mobile, tablet and other smart device applications, and application program interfaces (the “Application”) (collectively, the “Services”). All Adventures booked via the Services create an Agreement between registered users seeking adventures (“Explorers”) and other registered users offering authentic adventures in the community (“Outfitters”). Outfitters can use the Services to publish experiences and excursions in their fields of expertise (“Adventures”), which can then be booked by Explorers who wish to participate in that Adventure.

 

Your access to and use of the Services is conditioned upon compliance with the Terms of Service and your understanding and agreement that the Company is merely a facilitator providing an online marketplace connecting users, and that the Company is not a participant in any relationship between users, Outfitters or Explorers, nor is it a party to any contractual relationship between a Outfitters and an Explorer.

 

These Payment and Payout Terms are incorporated into, and form part of the Terms of Service, and any Explorer or Outfitters participating in any Adventure offered through the Services, is bound by these Payment and Payout Terms. These Payment and Payout Terms constitute a legally binding agreement between you and the Company and govern the Payment Services (as defined herein). Any terms not defined herein have the meaning given to them in the Terms of Service.

 

1. Costs

1.1 There is a onetime Outfitters Implementation Fee. Half of the Outfitters Implementation Fee is charged at the time of signing the Contractual Agreement (“SAAS Form”) and the other is charged if the Outfitter onboarding is not completed in the standard two-week timeline. Unless delay is caused by GoGuide.

1.2 Outfitter Onboardings start and end of the two week time frame is mutually agreed to between the Outfitter and the Company when the Onboarding Team has sufficient time to guarantee a dedicated staff member that will onboard the Outfitter in this time frame.

1.3 The Company reserves the right to change the Outfitters Implementation Fee at any time prior to signing an SAAS Form with the Outfitter. If the Outfitter was told one amount that is due to change prior to signing the SAAS Form the Sales Team will provide adequate notice prior (36hrs) to such change becoming effective.

1.4 Outfitters are responsible for setting the cost for the Adventure they intend to host (the “Adventure Cost”).

1.5 Outfitters Costs are negotiable between the Sales Agent and the Outfitter then a SAAS Form will be signed so the Outfitter will be able to use the GoGuide system. There are Four types of Outfitter Costs:

 

  • Plugin Fee (Cost for the use of the booking process whether on your Website or GoGuide Marketplace)

 

  • Marketplace Fee (Cost for when we bring you business that comes through GoGuide Marketplace)

 

  • Reservation Fee (Cost for when you use the Manual Booking option with your Admin Account)

 

  • Processing Fee (Cost for the use of the Stripe System which handles all payment transactions)

1.6 It is up to the Outfitter to decide if the Adventurer or the Outfitter pays for the costs above.

​1.7 The Company will collect the Costs/Costs/Fees charged pursuant to these Payment and Payout Terms and the Terms of Service. Where applicable, the Company may also collect taxes in respect of the Costs/Costs/Fees.

1.8 An Outfitters’ Payout for an Adventure will be the Adventure Cost less applicable Outfitters Costs/Fees and taxes. All transactions will be processed in USD.

1.9 You are responsible for paying any and all Costs/Costs/Fees that you owe or have incurred via your use of the Services. Unless otherwise provided Costs/Costs/Fees are non-refundable.

2. Payment Collection

2.1 The Company will provide payment services to registered users via a third-party payment service provider called STRIPE, including for payment collection and payouts in connection with the Services, for processing refunds and for storing, managing and processing personal information associated with any of the foregoing (“Payment Services”).

2.2 Each Outfitters collecting payment for Adventures provided via the Services hereby appoints the Company, and STRIPE, as their limited payment collection agents solely for the limited purpose of accepting funds from Explorers purchasing Adventures. Each Outfitters agrees that payments made through the Payment Services will be considered the same as payments made directly to the Outfitters, and the Outfitters will provide the Adventures to Explorers in the agreed upon manner as if they had received payment directly.

2.3 Each Outfitters agrees that the Company’s obligation to pay the Outfitters is subject to and conditional upon successful receipt of the Adventure Costs/Fees from the Explorers. The Company only guarantees payouts to Outfitters in respect of payments that have been successfully received from Explorers in accordance with the Terms of Service and these Payment and Payout Terms. In accepting appointment as the limited payment collection agent of the Outfitters, the Company does not assume any liability for any acts or omissions of the Outfitters.

 

2.4 Each Explorer acknowledges and agrees that the Company and STRIPE act as the Outfitters’ collection agent for the limited purpose of accepting payments from the Explorer for each Adventure booked and that this does not make the Company a party to any agreement between a Outfitters and an Explorer.

2.5 If the Company is unable to collect any amounts you owe under the Terms of Service and these Payment and Payout Terms, it may engage in collection efforts to recover such amounts from you. Amounts will be considered to be overdue when 30 days have passed since the first attempt to charge the funds owed was made. Amounts not collected within the foregoing time frame will be deemed to be in default.

 

2.6 The Company may modify the Payment Services and introduce new Payment Services from time to time.

2.7 You must not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside and any other applicable laws.

 

3. Payments and Payout

3.1 Payments and Payouts will involve the use of the third-party payment service provider STRIPE. STRIPE may charge additional Costs/Fees and impose additional terms and conditions when processing payments and payouts. The Company is not responsible for any such Costs/Fees and disclaims all liability in this regard. You are responsible for reviewing such additional terms and conditions.

3.2 Via the Payment Services, you may link financial instruments to your STRIPE account in order to make and receive payments. For example, you may link a credit card, debit card, PayPal account, direct deposit, or a prepaid card. Any financial instrument information that is linked to your account will be stored, managed and processed via STRIPE and not by the Company.

3.3 When you link financial instruments to your STRIPE account you will be asked to provide billing information, including but not limited to your name, billing address and financial instrument information. You must provide accurate, current and complete information and you agree to ensure that such information is current at all times. You are solely responsible for the accuracy and completeness of such information.

3.4 When you add a financial instrument, STRIPE may verify your identity and your financial instrument information in accordance with its terms and conditions and policies.

3.5 The Payment Services may contain links to third-party websites or resources which may be subject to different terms and conditions and privacy practices. You are responsible for reviewing these independently. The Company is not responsible or liable for the availability or accuracy of these third-party services.

3.6 The Company agrees to take steps to rectify any payment processing errors that it becomes aware of or that you bring to the Company’s attention.

 

4. Cancellations and Refunds

4.1 All refunds will be processed by the Company and STRIPE in accordance with the Cancellation Policy.

5. Taxes

5.1 Outfitters are solely responsible for determining obligations to report, collect, remit or include applicable taxes in their Payouts (Adventure Costs/Fees less Outfitters Costs/Fees).

5.2 Tax laws may require the Company to collect appropriate tax information from Outfitters, or to withhold Payouts to Outfitters, or both. If Outfitters fail to provide the documentation required by the Company to alleviate its obligations in respect of taxes, the Company reserves the right to freeze all Payouts, withhold any amounts required by law, or both, until the matter is resolved.

5.3 You understand that any appropriate government agency, department or authority may require taxes to be collected from Explorers or Outfitters based on Adventure Costs/Fees and Payouts, respectively, and to be remitted to the appropriate agency.

6. General

6.1 The Company reserves the right, at its sole discretion, to modify or replace these Payment and Payout Terms at any time. If a revision is material, which is to be determined by the Company at its sole discretion, the Company will provide at least 30 days’ notice on the Website or Application prior to any new terms taking effect. Your continued access to or use of the Services after any revisions become effective, will mean that you accept and agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services and should refrain from doing so.

6.2 These Payment and Payout Terms, together with the Terms of Service, the Privacy Policy , the Cancellation Policy and any other document or policy referred to herein or applicable to your use of the Services, constitutes the entire agreement between you and the Company regarding payments and payouts in connection with the Services, and supersedes any and all prior understandings or agreements between you and the Company regarding Payments and Payouts in connection with the Services.

 

6.3 If you have any questions about these Payment and Payout Terms, please contact the Company by e-mail at helpdesk@goguide.io.