Terms and Conditions

1.1 Availability of the Services

The Service is available through the use of a device connected to the Internet. You agree that you are solely responsible for these requirements. YOHO EXPERIENCES MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO (i) THE AVAILABILITY OF INTERNET SERVICES FROM YOUR TELECOMMUNICATIONS PROVIDER AND ACCESS TO THE SERVICE AT ANY TIME OR FROM ANY LOCATION (ii) ANY LOSS, DAMAGE OR OTHER INTRUSION OF INTERNET SERVICES (iii) ANY FAILURE TO TRANSMIT OR RECEIVE DATA CONNECTED WITH THE INTERNET SERVICES.

1.2 Your Acknowledgments

By accessing and using the Service, you affirm that you are at least 18 years of age. YOHO Experiences does not permit individuals under 18 to use the Service.

Your access to and use of the Service is also contingent upon your acceptance of and compliance with our Privacy Policy. This Privacy Policy outlines our practices regarding the collection, use, and disclosure of your personal information when using the Service and details your privacy rights and legal protections. We encourage you to review our Privacy Policy thoroughly before using the Service.

You agree to use the Service solely for your personal, internal, and non-commercial purposes and not on behalf of or for the benefit of any third party. Your use of the Service must comply with all applicable laws.

1.3 Modification of Terms

We continually strive to enhance our Service, and as such, these Terms may be subject to modification in conjunction with changes to the Service. We reserve the unilateral right to amend these Terms at any time. In the event of any such modifications, we shall notify you by posting a notice on the www.yohogift.ca website, sending you an email, and/or employing other appropriate means of communication.

Should you disagree with any revised Terms, you have the option to reject them; however, such rejection will result in your inability to continue using the Service. Your continued use of the Service subsequent to the effective date of any changes to the Terms will constitute your acceptance of all such modifications.

1.4 Acceptable Usage Policy

You acknowledge and expressly agree that you are responsible for your own conduct while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations.

You acknowledge and expressly agree that you, you shall not, and shall not allow any third party to:

1. send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, and fraudulent content;
2. distribute software viruses, worms, Trojan horses, corrupted files, or any other malware or any other items of a destructive or deceptive nature;
3. upload, post, transmit or otherwise make available through the Service any content that infringes the Intellectual Proprietary Rights of others;
4. use the Service to violate the legal rights of others;
5. engage in, promote, or encourage illegal activity, including, without limiting to, money laundering and illegal usage of earned awards and prizes, including those of monetary value;
6. interfere with other users' enjoyment of the Service;
7. exploit the Service for any unauthorized commercial purpose;
8. copy, alter, translate, modify, create derivative works from, reproduce, resell, reverse assemble, reverse engineer, reverse compile any portion of the Service;
9. remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
10. reformat, "frame," or "mirror" any portion of the Service;
11. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or the content posted on thereof, or to collect information about its users for any unauthorized purpose;
12. access or use the Service for the purpose of creating a product or service that is competitive with any of our products or services.

If you engage in any of the activities prohibited as set out herein, we may, at our sole and absolute discretion, without notice to you and without limiting any of our other rights or remedies at law or in equity, immediately suspend your use of our Service.

By breaching these provisions, you may be committing a criminal offence under the applicable laws. Any and all such breaches will be reported to the relevant law enforcement authorities, and we will cooperate fully with those authorities by disclosing your identity to them.

1.5 Intellectual Property

You expressly acknowledge and agree that any and all Intellectual Property Rights associated with our Service and its Content are the sole property of YOHO Experiences and its affiliates or are licensed for our use unless otherwise expressly set forth in these Terms.

The Content is protected by Intellectual Property Rights and other laws available in Canada and other countries. Elements of the Service are also protected by unfair competition and other laws and may not be copied or imitated in whole or in part.

Except as otherwise expressly authorized by these Terms, or without our prior written permission, you are not allowed to reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner reuse the Content. Except as expressly provided herein, we do not grant to you any express or implied rights to our Intellectual Property Rights or that of any third party.

1.6 Your Feedback to Us

You may choose to submit comments, bug reports, ideas or other feedback about the Service, including without limitation about how to improve the Service (collectively, "Feedback"). By sending any Feedback, you agree that we are free to use and distribute such Feedback to third parties at our discretion and without any compensation to you, whether on a non-confidential basis or otherwise. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

1.7 Copyright Infringements

YOHO Experiences respects the Intellectual Property Rights of others and expects users to do the same. If you believe that your Intellectual Property Rights have been infringed upon by any Content available through the Service, please contact us immediately with a detailed notice of the alleged infringement, including:

• A description of the copyrighted work or other intellectual property alleged to have been infringed.
• A description of the location on the Service where the infringing material is located.
• Your contact information, including an address, telephone number, and email address.
• A statement from you indicating that you have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law.
• A statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the intellectual property owner.

YOHO Experiences will respond to such notices in accordance with applicable laws and may remove or disable access to the allegedly infringing material. We reserve the right to terminate the right to access our Service of repeat infringers. However, we do not guarantee the removal of any Content and are not liable for any claims related to intellectual property violations arising from the use of the Service.

1.8 Links to Other Websites

Our Service may include links to websites or services operated by third parties that are not under our control. We do not have control over and are not responsible for the content, privacy practices, or policies of these third-party sites or services.

You acknowledge and agree that YOHO Experiences is not liable for any damages or losses, whether direct or indirect, that may arise from or be related to your use of or reliance on any content, products, or services provided by these third parties.

We strongly recommend that you review the terms and conditions and privacy policies of any third-party websites or services you visit.

1.9 Service Updates

We continually seek to enhance the Service, which means that changes may occur over time. We may suspend or discontinue any aspect of the Service, introduce new features, impose limits on certain functionalities, or restrict access to certain parts or all of the Service. While we will endeavor to notify you of significant changes that may negatively impact you, this is not always feasible.

Additionally, we reserve the right to remove any Content from the Service at our discretion, without prior notice, for any reason, including but not limited to situations where it is alleged that the Content violates these Terms.

The Service is provided to you "AS IS" and "AS AVAILABLE," with all faults and without any warranties. To the fullest extent permitted by law, YOHO Experiences, including its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Service will meet your requirements, achieve any specific results, be compatible with other software, operate without interruptions, meet performance standards, be error-free, or that any errors will be corrected.

Additionally, we make no representations or warranties regarding: (i) the operation or availability of the Service; (ii) the accuracy or reliability of any information provided; (iii) the uninterrupted or error-free nature of the Service; or (iv) the absence of harmful components such as viruses or malware.

Some jurisdictions may not permit the exclusion of certain warranties or limitations on consumer rights, so some of these exclusions may not apply to you. However, in such cases, the exclusions and limitations will apply to the maximum extent permitted by applicable law.

1.10 Limitation of Liability

NOTWITHSTANDING ANY DAMAGES YOU MAY INCUR, THE TOTAL LIABILITY OF YOHO EXPERIENCES AND ITS SUPPLIERS UNDER ANY PROVISION OF THESE TERMS, AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS RELATED TO THE SERVICE, WILL BE LIMITED TO THE AMOUNT YOU PAID THROUGH THE SERVICE OR $100 IF YOU HAVE NOT MADE ANY PURCHASES THROUGH THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOHO EXPERIENCES NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, ANY THIRD-PARTY SOFTWARE OR HARDWARE USED WITH THE SERVICE, OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS. THIS APPLIES EVEN IF YOHO EXPERIENCES OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.

CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.

1.11 Network or Hardware Failures

Although we have taken all reasonable care to ensure that the features and functionalities provided as part of the Service are of a reasonably satisfactory standard, certain features may rely on your device or networks and connections that are beyond our control. We shall, therefore, not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which are caused by events outside our reasonable control.

1.12 Indemnification

You agree to indemnify and hold harmless YOHO Experiences, along with its affiliates, officers, agents, employees, and partners, from and against any and all claims, liabilities, damages (both actual and consequential), losses, and expenses (including legal fees) that arise from or are related to any third-party claims concerning (a) your use of the Service, and (b) your breach of these Terms.

In the event of such a claim, lawsuit, or legal action ("Claim"), we will make reasonable efforts to notify you. However, failure to provide such notice does not lessen or nullify your indemnification obligations.

1.13 Complaints

If you have a complaint or dispute related to our Service, we ask that you contact us in the first instance at [email protected]. We will make every effort to resolve the issue informally.

Should we be unable to reach an informal resolution, we will suggest a consumer-focused mediation or arbitration service that is appropriate for the nature of the complaint or dispute and your location.

While you are not obligated to use this service, we encourage you to consider it, as we believe it to be the most cost-effective and suitable way to resolve any complaints or disputes with our users.

1.14 Governing Law

This Agreement shall be interpreted in accordance with and governed by the laws of the Province of Alberta, and the federal laws of Canada, without regard to any conflict of law principles which would cause the application of any other law. However, this does not exclude any mandatory legal rights you may have in your country of residence, which we are not allowed to exclude such as a matter of law.

1.15 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service, you agree that the competent courts in Alberta shall have exclusive jurisdiction to adjudicate any disputes or claims arising from or related to these Terms or the Service. The parties irrevocably submit to the jurisdiction of these courts, but this does not affect your ability to make a claim in your country of residence where you have this right.

2.1 Purchase and Issuance of Vouchers

When you select an Experience on the Service, you will be prompted to complete your purchase by paying the applicable fees for the chosen Experience. Upon successful payment, the recipient will receive a Voucher, which serves as proof of purchase and confirms their entitlement to the selected Experience.

The Voucher is subject to the following terms:

1. Non-Transferability: The Voucher is issued exclusively to the Recipient and cannot be transferred, assigned, or sold to any other person or entity.
2. Non-Refundability: The Voucher is non-refundable and cannot be exchanged for cash or credit, except as required by applicable law or as expressly stated in these Terms.
3. Validity Period: The Voucher is valid only for a specific time period, as indicated at the time of purchase. It is your responsibility to ensure the Voucher is activated and the Experience is redeemed before the expiry date. Expired Vouchers will no longer be valid, and no refunds, extensions, or replacements will be issued.

2.2 Activation and Use of Vouchers

Upon successful Activation, the Recipient will be officially registered for the selected Experience, and the right to access and redeem the Experience will commence.

Once a Voucher is activated, the Recipient may proceed with the originally selected Experience or choose an alternate Experience, subject to availability and the Terms.

If the Recipient wishes to change the selected Experience after Activation, a new Experience may be chosen, provided it is available. If the new Experience has a higher fee than the original, the price difference must be paid at the time of the change. If the new Experience has a lower fee, no refund will be issued, and no additional payment will be required.

Selecting a new Experience after Activation may be subject to additional terms and conditions specific to that Experience. These terms will be communicated at the time of selection.

The Voucher must be activated and redeemed before its expiry date, as specified at the time of purchase. Failure to do so will result in the Voucher becoming invalid, with no entitlement to a refund, extension, or replacement.

2.3 Third-Party Providers & Liability

The Experience is provided by independent third-party partners, and participation in the Experience is solely between the Recipient and the service provider. YOHO Experiences acts solely as a marketplace platform that connects Clients with independent service providers and does not provide, control, or oversee the Experiences offered by these service providers. While efforts are made to collaborate with reputable providers, no guarantee is made regarding the quality, safety, enjoyment, or overall satisfaction of the Experience. YOHO Experiences does not endorse, guarantee, or assume responsibility for the actions, omissions, or conduct of any service provider, nor does it verify the accuracy of any information provided by service providers. By activating and redeeming the Voucher, the Recipient acknowledges that the provider is solely responsible for delivering the Experience, and any concerns, complaints, or disputes must be addressed directly with the service provider. No liability or responsibility is assumed for any inconvenience, dissatisfaction, or issues arising from the Experience, and the Recipient agrees not to hold us liable for any claims, damages, or losses incurred. YOHO sells gift certificates only. Experience providers are solely responsible for service delivery and quality. Service-related complaints or requests for changes should be addressed directly with the experience provider.

2.4 Cancellations & Refunds

(i) Purchase Policy: All gift certificate and voucher purchases are final and non-refundable. YOHO Experiences does not provide cash refunds for purchased certificates under any circumstances.

(ii) Certificate Delivery: All certificates and vouchers are considered delivered upon:

• Email transmission for digital delivery, or
• Physical delivery/pickup for gift box packages containing certificates

Regardless of delivery method (digital or physical), all sales are final upon completion of purchase and successful delivery. Physical gift boxes contain the same digital certificates and are subject to the same non-refundable policy.

(iii) Activation Policy: Once a Voucher is activated, it cannot be canceled, refunded, or exchanged for cash under any circumstances. Any cancellation or modification of a booked Experience is subject to the cancellation policy of the third-party provider delivering the Experience. The Recipient must communicate directly with the provider to inquire about rescheduling, cancellations, or any applicable fees.

(iv) Certificate Exchanges: Certificate exchanges for different experiences of equal or greater value may be available before the Recipient confirms their selection on the "Check Your Gift" page, subject to experience availability. After confirmation on the "Check Your Gift" page, certificates cannot be exchanged. Exchange requests must be made through YOHO customer service and are granted at YOHO's sole discretion.

(v) Provider Cancellations: If an Experience is canceled by the provider due to unforeseen circumstances, such as weather conditions or operational issues, the provider may offer an alternative date or Experience, subject to their terms. YOHO may, at its sole discretion, offer certificate exchange or credit toward alternative experiences. No responsibility is assumed for cancellations made by the provider, and no cash refunds or compensation will be issued by us.

(vi) Physical Gift Packages: Physical gift boxes and packages contain digital certificates/vouchers and promotional materials only. The physical packaging does not alter the non-refundable nature of the underlying gift certificates. Damaged or lost physical packages may be replaced at YOHO's discretion, but the certificates remain non-refundable.

(vii) Legal Compliance: This refund policy applies to the extent permitted by applicable provincial consumer protection legislation. Nothing herein affects statutory rights that cannot be excluded by law.

2.5 Fee Changes

We reserve the right to modify the fees for Experiences offered on the Service at any time, at our sole discretion. Fee changes may result from various factors, including but not limited to market conditions, operational costs, or updates to the Experiences themselves.

Reasonable advance notice will be provided for any fee changes that affect purchased or activated Vouchers. This notice may be communicated through email, a notification on the Service, or other appropriate means. For new purchases, the updated fees will be displayed at the time of purchase.

If a Voucher has already been purchased, the fee change will not affect the existing purchase, provided the Voucher is activated and redeemed within its validity period. However, if a Recipient chooses to switch to a different Experience after Activation, the updated fees for the new Experience will apply, and any price difference must be paid in accordance with the Activation and Use of Vouchers clause.

3.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

3.2 Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

3.3 Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such a right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

3.4 English Language Consent

It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s'y rattachant directement ou indirectement soient rédigés en anglais.

3.5 Quebec Consumers

Certain provisions of these Terms may not apply to you if you are a resident of Quebec, Canada. Specifically, the sections regarding limitation of liability, changes of Terms and the governing law outlined below may not apply to Quebec residents, as they are subject to the mandatory provisions of Quebec law, including the Consumer Protection Act (CPA) and the Civil Code of Quebec.