Terms & Conditions
Effective Date: November 11, 2022
Last Revision: November 11, 2022
These Terms and Conditions (“Terms” or “Agreement”) contain important information about and govern your use of the services, products, Experiences (as defined below), applications, platforms, website, and memberships (together, the “Services”, “the Site”, or “the Service”)) of WiFi Tribe Co. (“WiFi Tribe,” “Company,” “Us”, “We,” "Our"). In this Agreement, “WiFi Tribe Co.” includes its affiliates, subsidiaries, assigns, successors, employees, contractors, agents, representatives, and directors.
By using any of our Services, you signify that you have read, understand and agree to be bound by these Terms and Conditions, regardless of whether you are a WiFi Tribe Member or not. As used herein, “You, “User”, "Users", or “Customer” means anyone who accesses and/or uses the Site or any of our Services.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms, without notice, by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any such changes. Your continued use of the Services or accessing of the website following the posting of any changes constitutes acceptance of those changes.
Section 1 – Eligibility
All members must be the age of legal majority in their jurisdiction and have full authority to enter into this Agreement. You must be at least 18 years old or older to gain access to our website and become a Member. Some Services or Experiences may require members to be at least 21 years old to participate. The Company may provide exceptions to this age requirement on a case by case basis in its sole discretion. When applying for and maintaining membership with WiFi Tribe, you must provide and continue to provide accurate and complete information, including valid contact information. Upon request, you may be required to provide government-issued identification such as your passport.
Applicants for membership must undergo an application process, which may include a video interview. Applicants may be required to provide personal information, including but not limited to legal name, address, contact information, criminal history, and travel preferences. An applicant's provision of false or misleading information may result in denial or revocation of membership and forfeiture of fees and deposits, at the Company's sole discretion. Following the application process, WiFi Tribe may admit or deny such applicants in its sole and absolute discretion.
While WiFi Tribe is inclusive and welcoming to persons with disabilities, certain activities and international jurisdictions require members must be in good mental and physical health with no mental or physical condition that would create a risk to the other Members or staff, or negatively impact their experience, the Services, or the community environment that WiFi Tribe fosters. Members are required to disclose any condition, diet, or medical treatment that might impact their ability to fully participate in the Experience or negatively impact the experience of other participants to ensure adequate time for WiFi Tribe to evaluate the feasibility of that member safely participating in such Experience. WiFi Tribe will make reasonable efforts to accommodate persons with disabilities, but WiFi Tribe cannot guarantee that such persons will be able to participate in all activities, in particular any non-WiFi Tribe organized activities.
Certain locations may have limited access to medical care and such care may be delayed or wholly unavailable. All Members will be required to show proof of health insurance or travel insurance for each Experience or other Service the Member wishes to participate in. The required insurance shall provide for coverage of personal injury, accidents, medical expenses, airlifts, repatriation costs, and other medical expenses. WiFi Tribe is not obligated to cover any costs on your behalf. In the event WiFi Tribe covers costs on your behalf, you agree to immediately reimburse WiFi Tribe.
You have complete responsibility for your actions and decisions while a WiFi Tribe member, including for any charges incurred or damage (to us or anyone else) caused by you. WiFi Tribe expressly disclaims any representations and warranties that are not expressly contained in this Agreement.
All members must abide by the laws, regulations, rules and ordinances of the applicable jurisdiction. Engaging in such illegal activities may result in suspension or revocation of membership without refund or other remedies as WiFi Tribe deems appropriate. This shall apply regardless of whether the illegal activity took place on WiFi Tribe premises or off premise. WiFi Tribe shall not be responsible for any ramifications of your illegal activity. It is your sole responsibility to be aware of the laws of the applicable jurisdiction. WiFi Tribe shall administer this requirement in its sole and absolute discretion and shall have authority to determine the credibility of any claim or allegation that a member engaged in such prohibited or illegal activity.
Revocation. All Members and other persons who participate or attend an Experience, utilize any Service or otherwise are involved in our WiFi Tribe community are bound by our Community Guidelines. WiFi Tribe reserves the right to decline to provide the Services, decline to admit a member, remove any user or guest from any Experience and/or revoke a user’s access or membership. This includes the right to remove any one from the Service, Membership or Experience for any reason, including but not limited to when such removal is warranted by the violations of our Community Guidelines to protect (i) the intentional culture and experience we are fostering in our community and/or (ii) the comfort, convenience, safety or the perceived safety of the other members. This right may be exercised by us in our absolute and sole discretion. For avoidance of doubt, the right to expel someone is not limited to the person’s actions or violations of our Community Guidelines while participating in an Experience but may be based on such person’s actions or violations that occurred while not participating in a WiFi Tribe related Experience. In the event of removal or expulsion, You shall not be entitled to any refund, prorated or otherwise.
Section 2 – Services
WiFi Tribe provides its community with access to experiences, trips (such as Chapters (month-long trips), Unplugged trip (week-long trips), activities (such as community meet ups or festivals), excursions, and housing. Collectively, these WiFi organized experiences are referred to as “Experiences” throughout this Agreement. Chapters, Unplugged Adventures, Colives and Chapter Passes are subject to additional terms and conditions available in the Addendum to the Terms and Conditions available here. This Addendum is hereby incorporated into this Agreement by reference. In the event of a conflict between the Addendum and these Terms, the Addendum shall control as to that specific Experience.
2.1 Community: WiFi Tribe is a curated community of professionals who share a passion for travel. Whilst we organize Experiences (as defined above), our primary service is the global community itself. Our admissions process ensures that we bring people in who are aligned with our intentional culture and values, but every member of this community has the responsibility to contribute positively to this culture and to treat other members and service providers according to our community guidelines (available here: https://wifitribe.co/community-policies/) at all times.
2.2 WiFi Tribe Services include organizing travel all over the world. By becoming a Member and using our Services, you agree to assume responsibility for your own safety, and you expressly acknowledge that your safety is not guaranteed. You and any of your guests voluntarily assume all risks related to our Services, including travel services, and agree that WiFi Tribe shall not be liable for any illness, injury, death, and/or medical expenses to you or any of your guests, even if caused by WiFi Tribe’s negligence.
2.3 Member Perks/Circles. WiFi Tribe currently offers a Member Perks program, which provides for discounts, savings and other perks for Members who attend multiple Chapters, certain Experiences, or otherwise qualify for the perks. These perks and qualification criteria are subject to change and the program is subject to cancellation in WiFi Tribe’s sole discretion at any time with or without notice.
2.4 Any new features or services which are added, at our sole discretion, shall also be subject to this Agreement. WiFi Tribe may change, modify, suspend, or discontinue any aspect of the Service at any time. Such change, modification, suspension or discontinuation can be for any reason and is not limited to your breach of this Agreement. WiFi Tribe may also impose limits on certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third party applications or tools used within the Service.
2.5 No Membership purchase, travel booking, or enrollment in any of our services is complete until you have remitted the appropriate fee or deposit for such services. You will receive a full confirmation email from us acknowledging receipt of payment. Until you receive such confirmation, you are advised not to book any flights or lodging as your place in the Experience is not secured until that time. Failure to timely make the remaining payments shall result in your removal from the Service or Experience and the forfeiture of your deposit.
Section 3 – User Content and Protection of Personal Information
All information, photographs, feedback, postings, or comments (“Content”) that you provide to Us, post on social media, or otherwise share remains your sole intellectual property. By providing the Content to Us or posting such Content to social media you are granting WiFi Tribe a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This grant of rights and license applies to use of your name, contact information, photo, likeness, voice, and other personal information, if included in the Content. The grant of this license shall be irrevocable and shall survive the termination of this Agreement.
You understand and agree that we may monitor or review any Content you post as part of our Service. We may delete, edit, or require you to delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service, other members or our partners.
You hereby give your consent to the photographing and videotaping (collectively, “Recordings”) of you during WiFi Tribe events and trips. We are hereby authorized to use or cause to be used Recordings for advertising, publicity, commercial or other business purposes (except pornographic or defamatory), whether in print (for example, newspapers, magazine and brochures), or electronic media (for example, television, internet, video and audio).
Section 4 – Electronic Communications Consent
By signing up for a membership or otherwise using our Services, you are providing your consent to receive communications from WiFi Tribe to the contact information provided, including emails, phone calls, text messages and other communications over messaging apps. You agree to indemnify and hold WiFi Tribe harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to the foregoing.
Section 5 – Intellectual Property and Confidential Information
5.1 Intellectual Property. The information available through the Service is the property of WiFi Tribe and others and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted and printed or used for any commercial purpose whatsoever without the prior written consent of WiFi Tribe. All copyrights and other intellectual property rights in the Site, including without limitation all software and written and graphical content included in the Site, are owned by WiFi Tribe. Such marks or intellectual property may not be used without the prior written consent of WiFi Tribe. Any use of those marks, or any others displayed on the Site, will inure solely to the benefit of their respective owners. All rights reserved.
Confidential Information. You may be exposed to information, processes, practices, procedures, trade secrets, third party vendors, or documents that are confidential or proprietary to WiFi Tribe. You agree not to use, collect, aggregate, disseminate, publish or copy any such material for any use outside of your enjoyment of the Services. You agree not to use any such material to harm, compete with, or solicit customers, suppliers, contractors, or employees from WiFi Tribe.
Section 6 – Payment and Refunds
All payments, refunds and cancellations are subject to WiFi Tribe’s Cancellation and Refund Policy, available HERE, and incorporated into this Agreement by reference. It is your responsibility to review and be familiar with the Cancellation and Refund Policy, which may vary by Experience.
Section 7 - Disclaimers; Limitations; Waivers of Liability
7.1 WiFi Tribe Co. shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control and as such, shall not be expected to refund or credit the Member for any reason, including but not limited to the following events,
(a) the customer's failure to pay the required sum stated in the order,
(b) Force Majeure, fire, floods, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, acts of God or acts, load shedding, water droughts, omissions or delays in acting by any governmental authority or another party, strikes, volcano eruptions, law or order of any government, epidemic, outbreak, pandemic, failure or default of public utilities or common carriers, earthquake, storm or like catastrophe, travel restrictions, governmental mandates, quarantine, or lockdowns. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a Force Majeure affecting the payer, or
(c) any other commercial reason that would render performance of the Service or the Experience at a particular time, date or location unsafe, unprofitable, and/or unsuitable with WiFi Tribe’s commercial objectives and/or the User’s expectations.
7.2 You have complete responsibility for your membership, including for any charges incurred or damage (to us or anyone else) caused by you.
7.4 In the event you participate in any Experiences, you hereby confirm that you have voluntarily elected to participate in such activities. These activities are voluntary activities and you are not required in any way to engage in the activity. There are risks and hazards associated with the activities and you hereby voluntarily assume all risk of loss, damage or injury to person or property which may arise from or is related to your engaging in the activities, whether such risk is known or unknown to you. You hereby release the WiFi Tribe Parties and agree not to sue or bring any proceeding against any of the same for any actions, claims or demands that you, your assignees, heirs, distributees, guardians and legal representatives now have or may hereafter have for injury or damages resulting from your engaging in the activities.
7.5 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WIFI TRIBE PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE WIFI TRIBE PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE PARTIES INSTEAD AGREE THAT THE WIFI TRIBE PARTIES WILL NOT BE LIABLE TO YOU HAVE PAID WIFI TRIBE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM OR $500, WHICHEVER IS LESS.
7.6 TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
Section 8 - Release
You forever release, discharge, and covenant not to sue the WiFi Tribe Parties from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the WiFi Tribe Parties, or otherwise, in connection with use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the WiFi Tribe Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.
Section 9 - Indemnification
You agree at all times to indemnify, defend and hold harmless the WiFi Tribe Parties from any claim, causes of action, damages, liabilities, demands, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 10 - Governing Law and Dispute Resolution
The laws applicable to the interpretation of this Agreement shall be the laws of the State of Delaware, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Kent County, Delaware. You also agree that, in the event any dispute or claim arises out of or relating to your Membership, this Agreement or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, the matter shall be resolved by final and binding arbitration in Kent County Delaware under the rules of the American Arbitration Association then in effect. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.
THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN ADDITION, YOU HEREBY AGREE THAT ANY DISPUTES RELATED TO YOUR USE OF OUR SERVICES SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Section 11 – Severability
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 12 – Miscellaneous
(a) No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing. No waiver of any breach of, or of compliance with, any condition or provision of this Agreement shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.
(b) You may not assign this Agreement or your Membership without WiFi Tribe’s prior written consent, which may be withheld in WiFi Tribe’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity that has a right to assign its written agreement with WiFi Tribe relating to the Service.
(c) The section headings used in this Agreement are for convenience only and will not be given any legal import.
(d) Upon WiFi Tribe’s request, you will furnish WiFi Tribe any documentation, substantiation or releases necessary to verify your compliance with this Agreement.
(e) You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Section 13 - Statute of Limitations
Section 14 - Changes to this Agreement
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, and without notice to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Section 15 – Entire Agreement
These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Section 16 – Contact Information
Questions about the Terms and Conditions should be sent to us at email@example.com