Terms of Service for Customers
These Terms of Service for Customers (“Terms of Service”) are between you, the person making use of the Service, (“you”, “your” , “Customer”) and GreenstoneApp LLC (“Greenstone”, “we”, “us”, or “our”), and describe your rights and responsibilities when using our online booking, reservation, and facilitated payments solution (the “Service”). Please read them carefully. These Terms of Service are a legally binding contract between you and Greenstone, a comprehensive online booking and reservation solutions company for activity (tourism) businesses (“Provider” or “Providers”), that acts as a limited purpose payment agent on your behalf, allowing customers like you to book and pay for activity (tourism) reservations online. Upon completion of an online booking or reservation, you confirm that you have read, understand, and agree to be bound by these Terms of Service along with any other terms that you’re provided with during the booking process.
1.1 Upon using the Service to complete the online reservation process and purchase a Provider’s product or service (“Booking”), you enter into a direct contractual relationship (the “Activity Contract”) with the Provider. Greenstone is not a party to the Activity Contract.
1.2 You agree that the Provider is solely responsible for (i) performing its obligations under the Activity Contract, and (ii) informing you of any relevant policies and practices that you are required to comply with.
1.3 Greenstone does not (i) exercise any control or authority over Provider, its employees, agents, or representatives; (ii) own, sell, furnish, provide, rent, manage, or control the Provider’s products and services; or, (iii) own or possess any right, title, or interest in Provider.
1.4 Greenstone and its Providers operate independently, and you agree that nothing in these Terms of Service shall be interpreted to create an association, joint venture, agency relationship, or partnership between Greenstone and a Provider.
1.5 Greenstone’s responsibilities are limited to providing the Service for your use, which includes (i) facilitating all payments for Bookings made using the Service, (ii) acting as a limited purpose payment agent on your behalf to collect the amount to be paid to the Provider under the Activity Contract for the purchased product or service (“Activity Fee”), and (iii) paying the Activity Fee to the Provider on your behalf. To fulfill these responsibilities, Greenstone engages with (licensed) payment services providers.
1.6 The Provider is solely responsible for the information regarding Provider’s products and services that can be booked through the Service. More specifically: it is the Provider’s sole responsibility that the information provided to you regarding Provider’s products and services (and the terms and conditions related thereto) is complete, correct, adequate, and current. Greenstone is not an agent or representative of the Provider, and makes no representations or warranties of any kind, whether express or implied, to you relating to information about Provider’s products and services.
2.1 To the extent prohibited by applicable law, the Service is not intended for and should not be used by anyone under the age of sixteen (16). By using the Service, you represent that:
i. you are at least sixteen (16) years old;
ii. you possess the legal authority to enter into binding legal obligations; and
iii. you will only use the Service to make a legitimate Booking for yourself or for another person for whom you are legally authorized to represent.
2.2 If you or the person making use of the Service makes a Booking for a third-party, you or the person making use of the Service agree to assume responsibility for (i) informing the third-party of the terms set out in the Activity Contract, and (ii) obtaining the third-party’s agreement to the terms of the Activity Contract;
2.3 You or the person making use of the Service agree to refrain from using the Service to circumvent any obligation to pay a fee to Greenstone, e.g., locating a Provider but completing the transaction using means other than the Service.
3.1 Greenstone charges, and you agree to pay, an optional fee for using the Service to obtain (and make payment for) a reservation for Provider’s products or services (“Booking Fee”). The amount of the Booking Fee is clearly displayed in the booking funnel.
3.2 The Booking Fee is inclusive of any applicable taxes.
3.3 The Booking Fee may be collected from you together with the Activity Fee.
3.4 Additional fees or charges may be imposed by your financial institution for international transactions.
4.1 The information displayed on the Service may contain technical inaccuracies, typographical errors, or other discrepancies including, but not limited to, rates, fees, or availability in connection with your Booking. Because Providers control the information displayed in the Service, Greenstone cannot and does not endorse the accuracy of such information and makes no warranties or representation of any kind, whether express or implied. You agree that Greenstone is not responsible for any errors, inaccuracies, or omissions related to information displayed in the Service.
4.2 You agree that Greenstone has the right to make any changes, corrections, or cancellations to any errors, inaccuracies, or omissions in the Service (i) if requested to undertake such actions by the Provider, or (ii) if such actions are necessary to correct hardware or software error(s).
4.3 Greenstone is not responsible for communication failures, errors, difficulties, or other malfunctions, nor is it responsible for any lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Service. The Service may not be continuously available due to (i) maintenance or repairs, (ii) computer problems, (iii) disruptions in Internet service, or (iv) other unforeseen circumstances.
5.1 You will not:i. use any robot, spider, scraper or other automated means to access the Service for any commercial purpose without express written permission of Greenstone or its licensors; ii. take any action that imposes, or may impose in Greenstone’s sole discretion, an unreasonable or disproportionately large load on our infrastructure; iii. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or iv. bypass any measures Greenstone may use to prevent or restrict access to the Service. Greenstone retains the right at its sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of these Terms of Service.
6.1 Greenstone grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the content made available through the Service solely for the purposes it is being made available for. This license does not include any collection and use of any images or third-party content on the Service; any derivative use of the Service or its contents; any downloading or copying of customer or account information for the benefit of a third-party; or any use of data mining, robots, scraping or similar data gathering and extraction tools. Except as expressly permitted by these Terms of Service, the Service, or any portion thereof, may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Greenstone’s express written consent.
6.2 All of the content featured or displayed on the Service, including without limitation, text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by Greenstone, its licensors, vendors, agents or Providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available.You may not modify any of the materials nor copy, distribute, transmit, display, perform, reproduce, adapt, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. The Service, its Content and all related rights shall remain the exclusive property of Greenstone or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.
6.3 All trademarks, service marks and trade names of Greenstone used in the Service (including but not limited to: Greenstone’s name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of Greenstone or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without Greenstone’s prior written consent. Greenstone prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. You shall not use Greenstone’s name or any language, pictures or symbols which could, in Greenstone’s judgment, imply Greenstone’s endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
6.4 From time to time, the Service may contain links to external websites that are not owned, operated, or controlled by Greenstone or its affiliates. All such links are provided solely as a convenience to you or the person making use of the Service. Neither Greenstone nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Greenstone and its affiliates do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If you or the person making use of the Service decide to access any other websites, this person does so entirely at their own risk.
7.1 Greenstone processes your personal information (e.g . financial data and full name) provided by you for the purposes as described in Section 1.5. Greenstone relies on the legal basis that the processing of your personal information is necessary for entering into and the performance of a contract. If you do not provide us with the required personal information, we are not able to provide you the Service.
7.2 After providing the Service, your personal information will be shared with the Provider so the Provider can perform the Activity Contract. Your personal information will be processed further by the relevant Provider, in accordance with their own policies. For such processing of personal information, the relevant Provider is responsible as the data controller. Therefore, if you have a request or a complaint regarding the processing of your personal information by the Provider, please contact said Provider directly. In addition, we may share your personal information with third party service providers who assist us in operating our Service, such as payment service providers and web hosting companies.
7.3 Greenstone will process your information for as long as our processing purpose and our legitimate interests in documentation and keeping evidence require it or storage is a technical requirement, unless Greenstone is legally required to keep your personal information, for example in connection with contractual obligations or supervisory and tax obligations. If there are no contrary legal or contractual obligations, we will delete or anonymize your information once the storage or processing period has expired as part of our usual processes.
7.4 We may transfer information to countries outside of your country of residence, which may have data protection laws and regulations that differ from those in your country. Any transfers of information originating from within the European Economic Area to countries outside the EEA will be made on the basis of the standard clauses approved by the European Commission, which may be found at the Commission’s website here, without prejudice to Greenstone’s right to conclude that another justification may also apply.
7.5 You have the rights to access; rectification; erasure; restriction on processing; objection to processing and portability. You can exercise those rights by filling out the Data Request Web Form. You also have the right to lodge a complaint with the competent supervisory authority.
8.1 Greenstone may suspend or terminate the use of the Service at any time in case of a breach of the obligations under these Terms of Service by you or the person making use of the Service.
9.1 Greenstone does not assume any responsibility for and is not liable for any damages to computers, equipment or other property of you or the person making use of the Service caused by or arising from their access to, use of, or browsing of the Service, or their downloading of any information or materials from this Service.
9.2 In no event will Greenstone, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to you, the person making use of the Service, or anyone else for any indirect, punitive, or consequential damages (including but not limited to those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of using the Service (or the materials, information or other content contained on the Service) whether on the basis of contract or on any other legal basis.
9.3 In the event of any problem with the Service, you or the person making use of the Service agrees that their sole remedy is to cease using the Service.
9.4 In the event of any disputes or disagreements between you and the Provider, you agree (i) that Provider is fully responsible and solely liable for any injuries, losses, or damages arising out of said disputes or disagreements, and (ii) that Greenstone assumes no responsibility and no liability for any injuries, losses or damages arising out of said disputes or disagreements.
9.5 In no event shall Greenstone’s total liability to you or the person making use of the Service (whether based on contract or tort or otherwise) exceed in the aggregate the greater of (a) the Booking Fee, or (b) one hundred US Dollars ($100).
9.6 For the avoidance of doubt, nothing in these Terms of Service shall limit or exclude Greenstone’s liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by applicable law.
10.1 These Terms of Service shall be exclusively governed by and construed in accordance with the laws of the United States. Any disputes arising out of or in connection with these Terms of Service shall exclusively be submitted to and dealt with by the competent court in Chicago, Illinois, USA. Where applicable, mandatory national consumer protection laws of your country of residence will remain unaffected and you may make a claim in the courts of the country where you reside.
11.1 These Terms of Service shall be exclusively governed by and construed in accordance with the laws of the United States. Any disputes arising out of or in connection with these Terms of Service shall exclusively be submitted to and dealt with by the competent court in Chicago, Illinois, USA.
11.2 You agree that any claim or cause of action under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Greenstone and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute.
11.3 Severability. If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect.
11.4 Entire Agreement. These Terms of Service and the Privacy Policy together constitute the entire agreement between you and Greenstone, govern your use of the Service, and supersede any prior understandings or agreements with respect to the same subject matter between you and Greenstone (written or oral).
11.5 Waiver. Greenstone’s failure or delay to enforce any rights or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.
(Effective as of November 21, 2023)
These Terms of Service for Consumers contain the legal terms and conditions that govern your use of the Service as a consumer (“Terms of Service”). By using the Service, you accept and agree to be bound by these Terms of Service. Without accepting these Terms of Service, the consumer cannot make use of the Service.
GreenstoneApp LLC (“Greenstone”) provides a comprehensive and online solution (“Service”) that providers of tours, activities, and attractions can use to accept, manage, and take payment for reservations for their products and services (“Providers”) and through which consumers may use to obtain, and pay for reservations for Providers’ products and services. The term “Service” includes the software, hardware, equipment, technology, solutions, and services necessary for Greenstone to provide the Greenstone Service.
2.1 Upon completing the reservation process and purchase for a Provider’s product or service through the Service (“Booking”), the consumer enters into a direct contractual relationship (the “Activity Contract”) with the Provider. Greenstone is not a party to the Activity Contract. The Provider is solely responsible for performing its obligations under the Activity Contract.
2.2 Greenstone does not own or operate Provider or own, sell, furnish, provide, rent, manage or control the Provider’s products and services.
2.3 Greenstone’s responsibilities are limited to providing the Service for consumer’s use, which includes (a) facilitating all payments that take place in connection with reservations made by consumers and acting as a limited purpose payment agent of such consumers in collecting the amount to be paid to the Provider for the purchased product or service, and (b) paying that amount to Provider on behalf of consumers.
2.4 The Provider is solely responsible for the information regarding Provider’s products and services that can be booked through the Service. More specifically: it is the Provider’s sole responsibility that the information provided to you regarding Provider’s products and services (and the terms and conditions related thereto) is complete, correct, adequate, and current. Greenstone is not an agent or representative of the Provider, and Greenstone is not liable on any legal basis for the information provided by the Provider in connection with Provider’s products and services.
3.1 The following conditions apply when you use of the Service:
(i) you must be at least 16 years old;
(ii) if you are using the Service on behalf of a third party, including as a booking agent or a booking agent’s representative, you must be at least 18 years old;
(iii) in any case, the person making use of the Service must possess the legal authority to enter into binding legal obligations;
(iv) you will only use the Service to make a legitimate booking for yourself or for another person for whom you are legally authorized to represent;
(v) in case the person making use of the Service makes a booking for another person, they will inform the other persons of the terms set out in the Activity Contract and obtain their agreement to be bound by the terms of the Activity Contract;
(vi) the person making use of the Service shall not use the Service to find a Provider and then complete the transaction between them independent of the Service, attempting to circumvent any obligation to pay a fee to Greenstone.
4.1 Greenstone charges you a fee for making use of the Service to obtain (and make payment for) a reservation for Provider’s products or services (“Booking Fee”).
4.2 The Booking Fee will not exceed fifty per cent (50%) of the activity fee (i.e., the amount charged by the Provider for its products and services). The Booking Fee is inclusive of any applicable taxes.
4.3 The Booking Fee may be collected from you together with the activity fee.
4.4 Greenstone acquires payment services from certain third-party payment services providers to process payments for the Service and Provider’s products and services. By accepting these Terms of Service, you expressly authorize Greenstone to disclose your information, including any personal information, and to give payment instructions to the payment services provider. You also agree to be bound by the current version of the processor’s privacy policy and terms of service. Information about Greenstone’s current payment services providers is available here.
4.5 Additional fees or charges may be imposed by your financial institution for international transactions.
5.1 The Service may contain technical inaccuracies and typographical or other errors in connection with information displayed, including without limitation rates, fees, or availability related to your transaction. Greenstone assumes no responsibility or liability for such errors, inaccuracies, or omissions. Greenstone has the right to make changes, corrections or cancellations to such information or reservation, at any time, including after confirmation of a transaction. Greenstone is not responsible for communication failures, errors, difficulties, or other malfunctions, or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with the Service. The Service may not be continuously available due to maintenance or repairs, or due to computer problems, disruptions in Internet service or other unforeseen circumstances.
6.1 You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without Greenstone’s express written permission. Additionally, you agree you will not:
(i) take any action that imposes, or may impose in Greenstone’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
(iii) bypass any measures Greenstone may use to prevent or restrict access to the Service. Greenstone retains the right at its sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of these Terms of Service.
7.1 Greenstone grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the content made available through the Service solely for the purposes it is being made available for. This license does not include any collection and use of any images or third-party content on the Service; any derivative use of the Service or its contents; any downloading or copying of customer or account information for the benefit of a third party; or any use of data mining, robots, scraping or similar data gathering and extraction tools. Except as expressly permitted by these Terms of Service, the Service, or any portion thereof, may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Greenstone’s express written consent.
7.2 All of the content featured or displayed on the Service, including without limitation, text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by Greenstone, its licensors, vendors, agents or Providers. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available. You are authorized to view, play, print and download copyrighted documents, audio and video found on our Service for personal or informational purposes only. You may not modify any of the materials nor copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. The Service, its Content and all related rights shall remain the exclusive property of Greenstone or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.
7.3 All trademarks, service marks and trade names of Greenstone used in the Service (including but not limited to: Greenstone’s name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of Greenstone or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without Greenstone’s prior written consent. Greenstone prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. The person making use of the Service shall not use Greenstone’s name or any language, pictures or symbols which could, in Greenstone’s judgment, imply Greenstone’s endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
7.4 From time to time, the Service may contain links to websites that are not owned, operated or controlled by Greenstone or its affiliates. All such links are provided solely as a convenience to the person making use of the Services. If such person uses these links, they will leave the Service. Neither Greenstone nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Greenstone and its affiliates do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If the person making use of the Service decides to access any other websites, this person does so entirely at their own risk.
8.1 Data collection and use, including the collection and use of personally identifiable information, is governed by FareHarbor’s Privacy Policy which is incorporated into and is a part of these Terms of Service.
9.1 Greenstone may suspend or terminate the use of the Service at any time in case of a breach of the obligations under these Terms of Service by the person making use of the Service.
10.1 Greenstone does not assume any responsibility for and is not liable for any damages to the computer, equipment or other property of the person making use of the Service caused by or arising from their access to, use of, or browsing of the Service, or their downloading of any information or materials from this Service.
10.2 In no event will Greenstone, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to the person making use of the Service or to anyone else for any indirect, punitive, or consequential damages (including but not limited to those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of using the Service (or the materials, information or other content contained on the Service) whether on the basis of contract or on any other legal basis.
10.3 In the event of any problem with the Service, the person making use of the Service agree that their sole remedy is to cease using the Service.
10.4 In the event of any problem with the Provider, you agree that your sole remedy, if any, is from that Provider directly and that Greenstone shall not be liable for any loss or damages incurred as a result of dealings with the Provider.
10.5 In no event shall Greenstone’s total liability to the person making use of the Service (whether based on contract or tort or otherwise) exceed in the aggregate the greater of (a) the Booking Fee, or (b) one hundred US Dollars.
10.6 You agree that any claim or cause of action related to or arising from your use of the Service against Greenstone must be brought within two years from the date on which such claim or action arose or accrued. Failing to bring a claim or cause of action within the two-year period will lead to the claim being deemed to be irrevocably waived.
11.1 You agree that Greenstone shall provide the Service and that after the Service has been provided, the rights to rescind the contract (as embodied in these Terms of Service) is waived.
12.1 These Terms of Service are governed by the laws of the United States.
12.2 Disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the U.S. District Court for the Northern District of Illinois.
12.3 If any provision of these Terms of Service is held to be null and void, such provision shall be amended to achieve as closely as possible the effect of the original provision and all other provisions of these Terms of Service will continue in full force and effect.
12.4 These Terms of Service and the Privacy Policy are the entire agreement between the person making use of the Booking Service and Greenstone and supersede any prior understandings or agreements (written or oral).
12.5 Greenstone’s failure to act with respect to a breach by the person making use of the Booking Service or others does not waive Greenstone’s right to act with respect to subsequent or similar breaches.
Effective until November 21, 2024