Consumer Terms of Service/Buyer Agreement for
ifonly.com from Traina Interactive
IfOnly Luminary Agreement (Addendum to Terms of Service)
Last Updated: April 8th, 2016
Thank you for your interest in becoming a Luminary! This IfOnly Luminary Addendum (“Luminary Addendum”), is part of and subject to the terms of the IfOnly Terms of Service (“IfOnly Terms”) located here IfOnly Terms of Service, incorporated herein by reference, between you and Traina Interactive, Corp. (“Traina Interactive,” “we” or “us”).
The Luminary Addendum contains terms regarding the creation and posting of Experience Listings, how and what Luminaries get paid for their Experiences and other terms specific to a Luminary’s provision of Experiences in connection with the Services. Unless otherwise defined in this Luminary Addendum, all capitalized terms have the meaning provided in the IfOnly Terms.
Please read this Luminary Addendum carefully. If you don’t agree to its terms and conditions you aren’t permitted to become a Luminary and you may not offer Experiences in connection with the Services. Traina Interactive reserves the right to approve or reject any Luminary application, for any reason.
Experience Listings and Experience Purchasing
For each Experience, you will create an Experience Listing via the Luminary portal page. When you do so, you will be asked a series of questions about the Experience and you may also choose certain requirements which must be met by End Users, including but not limited to the recommended health, fitness and skill level and time and location for the Experience. You will also set the price for your Experience, as further described below under the section titled “Financial Terms”.
After you complete your Experience Listing and submit it to the Service, we will review it as further described on the Site. You can visit our Luminary FAQs Page for additional information on the approval process for listings. Once your Experience Listing is approved, the applicable Experience will be offered for sale for a fixed price or as part of an auction via the Services.
Your ability to change or modify an Experience Listing after it’s been posted to the Services depends on the type of Experience: (i) for Experiences that are physical or digital Products, the Experience Listing can be modified up until the time the Experience is purchased, and (ii) for Experiences that require the End User and Luminary to agree on particulars like the time and location for the Experience (“Scheduled Experiences”), the Experience Listing can be modified up until the time a Member has submitted a request to schedule your Experience.
If you have an approval right with respect to potential Experience participants, you must provide your acceptance or rejection of such participants within the time period designated by Traina Interactive.
For Scheduled Experiences, you must respond to a request to schedule your Experience within twenty-four (24) hours. Otherwise, the request may be automatically rejected. The time of receipt of the scheduling request will be tracked via the Services. If you and the End User agree on the time and location (as applicable) for the Experience, Traina Interactive will send you and the End User a scheduling confirmation email.
- If an event is not viable for you to hold unless a certain number of tickets are sold, you will be able to create a Group Buy event. All Group Buy events must have a set time and location, and you must specify the minimum number of tickets to be sold in order for you to hold the event. The date by which you need to sell the minimum must be at least 7 days before the event date to allow ample time for customers to know whether the event will occur. After the minimum number of tickets have been reached, tickets will be continue to be sold until the date on which you have asked us to stop selling tickets or until all tickets have been sold out. If the minimum number of tickets isn’t sold by the specified date, the event will be cancelled, and we will notify you and all customers who have purchased tickets. Since customers are charged for their tickets at the time of purchase, we will automatically refund the amount they’ve paid for their tickets and cancel their orders. You will not be paid for cancelled Group Buy events.
You, and not Traina Interactive, are the seller of the goods and services (including any Products) described in your Experience Listing. You are responsible for all Experience Listings you post. You represent and warrant: (i) you have the right, power and authority to enter into this Luminary Addendum; (ii) that any Experience Listing you post and the related Experience (a) will not breach any agreements you have entered into with any third parties, and (b) will (x) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Experience (including having all required permits, licenses and registrations), and (y) not conflict with the rights of third parties; (iii) all Experiences will be provided pursuant to the terms and conditions of your Experience Listing; and (vi) your Experience Listing and any advertising or promotion of your products and services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable laws.
Traina Interactive has the right to terminate the offering of any Experience via the Services and remove any Experience Listing at any time for any reason in Traina Interactive’s sole discretion (including, without limitation, if such Experience is related to any unlawful activity or is inconsistent with Traina Interactive’s brand identity). Traina Interactive does not act as an insurer or as your contracting agent. We recommend that you obtain appropriate insurance for any Experience you provide.
In connection with the purchase of your Experience, you will receive certain information regarding the applicable End User which may include personally identifiable information, email addresses, and any other contact information for the End User. You agree to hold all such End User information in strict confidence, not to use it in any way, commercially or otherwise, except for purposes of fulfilling your obligations under this Luminary Addendum.
You are solely responsible for honoring and fulfilling your Experiences. From time to time Traina Interactive may add additional functionality to its Site or offer you additional services to assist with your fulfillment of Experiences. For Experiences that contain physical Products you must pack your items for shipping and generate any shipping labels for such items through the Services via the Luminary portal page.
As a Luminary, without limiting the Member Conduct Terms provided in the IfOnly Terms, in connection with your use of the Services, you also agree that you won’t:
offer to buy your own Experiences, or instruct, authorize or permit any other person to purchase your Experiences on your behalf, or to otherwise take any action that may manipulate the sale or auction of your Experience in any way.
offer the same or substantially similar Experience outside of the Services during the time the Experience you have offered is available for purchase via the Services; or use the Services to find an End User for an Experience and then complete a purchase for that Experience independent of the Services.
For the safety of our End Users, Traina Interactive reserves the right to conduct by itself, or by third party service providers, background checks on you as a Luminary, including criminal background checks. You agree to provide any required or applicable signed consents to enable us or our third party service providers to conduct such background checks. This information may include your Social Security Number.
Without limiting any other terms of this Luminary Addendum, if you cancel or do not fulfill your Experience, you will not be eligible for payment for such Experience and upon notice you must return to Traina Interactive any portion of the Luminary Share (defined below) paid to you in advance. Any refunds to End Users will be made in accordance with the IfOnly Terms of Service.
Fees. You agree to include in your Experience Listing (i) a fixed purchase price for the Experience (whether dollars per person, dollars per hour, or total fixed); or (ii) a starting price for an Experience made available for purchase via auction. Subject to the terms and conditions of this Luminary Addendum, we will pay you an amount equal to the Gross Purchase Amount minus the Platform Fee, the Charity Donation and the shipping fees, if applicable (the “Luminary Share”). “Gross Purchase Amount” means all monies received by Traina Interactive for the purchase or confirmed scheduling of an Experience plus the Tax received and shipping fees from the End User less any processing fees and related expenses. “List Price” means the gross purchase price for an Experience less any applicable Taxes and shipping fees. “Platform Fee” means the fee that Traina Interactive charges Luminaries to use its Services, which is a percentage of the List Price. The percentages vary by type of Experience and the applicable percentage for an Experience is provided in connection with the Experience Listing. “Charity Donation” means the amount that Traina Interactive provides to the designated charity for an Experience, which is a percentage of the List Price. The applicable percentage is provided in connection with the Experience Listing.
Payment Terms. We will pay amounts due approximately at the beginning and middle of each calendar month (i.e., on or about the 1st and 15th) (each a “Pay Period”) depending on whichever date comes first after the transaction for your Experience is completed in accordance with the following payout schedule:
For Physical Products, Digital Products, and Event Tickets - We will pay out one hundred percent (100%) of your Luminary Share in the Pay Period following the date the item is shipped in the case of a physical Product and Event Tickets, or the date of transmission in the case of a Digital Product.
For In-person and Digital Experiences
We will pay out fifty percent (50%) of your Luminary Share in the Pay Period following the date you and the End User agree on the time and location (as applicable) for your Experience and the scheduling confirmation email is issued; and
The remaining fifty percent (50%) of your Luminary Share (plus the applicable Tax) will be paid out to you in the Pay Period following the date upon which the Experience has occurred.
All payments will be made in U.S. dollars by any of the methods (e.g., check or Electronic Funds Transfer) made available at the time you complete your Luminary profile. To ensure proper payment, you are solely responsible for keeping your Account information current and complete and you agree to complete any required Tax or other forms relating to your receipt of payments in connection with your use of the Services, this includes, without limitation, providing Traina Interactive with a valid U.S. tax identification number and a fully-completed Form W-9. Notwithstanding the foregoing, Traina Interactive will not be liable for any payment based on: (a) any amounts which result from invalid transactions; or (b) any illegal or otherwise invalid request for End Users to engage in a transaction. Furthermore, Traina Interactive reserves the right to withhold payment, chargeback your Account and/or offset future payments to you:
as a result of (a) or (b), or breach of this Luminary Addendum by you, pending Traina Interactive’s reasonable investigation of the foregoing;
in certain cases where we decide, in our sole discretion, that it is prudent or necessary to reverse a transaction or to provide an End User with a refund of all or a portion of the amount paid by such End User for an Experience; and
in certain cases where our bank or third party credit card processor withholds a percentage of a payment as a reserve, for example, as a result of actual or alleged fraudulent activity.
Taxes. All payments due and payable to you under these IfOnly Terms will include applicable Taxes, if any. You will be responsible for payment of all Taxes and any related interest and penalties resulting from any payments made hereunder. “Tax” or “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT).
Transactions Involving Alcoholic Beverages
Experiences that include alcoholic beverages may only be purchased by individuals, including without limitation, End Users who are at least twenty-one (21) years old. You are responsible for complying with all applicable alcoholic beverage laws for your Experiences.
You hereby grant to Traina Interactive a non-exclusive, royalty-free, license to use your trade names, trademarks, service marks, logos and domain names (“Luminary Marks”), in connection with the Services, as well as in presentations, marketing materials, customer lists, press releases, and financial reports. All goodwill generated from the use of your Luminary Marks by Traina Interactive will inure to your benefit. Further, you authorize Traina Interactive to identify you as a Luminary. You represent and warrant that you own all your Luminary Marks or you have all rights that are necessary to grant us the license rights in your Luminary Marks under this Luminary Addendum.
If you have any questions regarding this Luminary Addendum feel free to send us a note at email@example.com. We will happily answer any questions you have.