Marco Experiences, Inc.

Buyer Terms

Effective Date: Jul 1, 2021

These Buyer Terms (the “Buyer Terms”) apply to you in the event that you request to book or reserve a virtual Experience or submit an order for any Goods through the Services. These Buyer Terms supplement the Marco Experiences Terms & Conditions (“Marco Terms” and, together with the Buyer Terms, the “Agreement”). By clicking “I Accept” or submitting a request to book or reserve an Experience or purchase Goods through the Services, you represent that (1) you have read, understand, and agree to be bound by the Agreement; (2) you are of legal age and capacity to form a binding contract with Marco; and (3) you have the authority to enter into this Agreement personally (and, if you are using the Services on behalf of an entity, that you also have the authority to bind that entity to this Agreement). Capitalized terms used but not defined herein have the meaning given in the Marco Terms. If these Buyer Terms conflict with the Marco Terms, the Buyer Terms shall control with respect to your purchase or booking or reservation request.

Please note that these Buyer Terms only apply to the extent that you submit your request to book or reserve an Experience or order Goods directly through the Marco Website. We may integrate our Services with third parties in a manner that allows you to purchase Experiences or Goods from a third-party with whom we have partnered (each, a “Third-Party Business Partner.”). If you are directed to a Third-Party Business Partner’s site to submit your Experience booking, reservation request, or Goods purchase, we will notify you that you are booking through a third party, not Marco, and in such case, your agreement with the Third-Party Business Partner will apply to such purchase.

  1. Purchasing Through the Services.
    1. Prices. The fees to be charged to you for the Experience and, if applicable, any Goods (the “Experience Fee”), will be as stated at time of purchase.
    2. Payment Terms. Buyers may be asked to pay a certain percentage of the Experience Fee (“Deposit”) during booking or immediately after the Experience is booked. Marco reserves the right to cancel any Experience for which any payment has not been made in accordance with these Buyer Terms. If an Experience has additional payment terms set forth at point of purchase, such additional payment terms will govern to the extent of any conflict with these Buyer Terms.
      1. Virtual Experiences Without Goods. If a virtual (i.e. the Host is not in the same physical location as any Attendee) Experience does not include any Goods, the Experience Fee is due in full within five (5) days of the day that you receive a booking confirmation or invoice.
      2. Virtual Experiences With Goods. If a virtual Experience includes Goods, such as food or beverages, you will be required to submit shipping information for Attendees within five (5) days of receiving booking confirmation. The Experience Fee is due and payable at the time that shipping information is submitted.
      3. In-Person or Hybrid Experiences. For an in-person (i.e. the Host is in the same physical location as all Attendees) or hybrid (i.e. combination of virtual and in-person) Experience, a Deposit of fifty percent (50%) of the Experience Fee calculated based on the expected number of Attendees is due and payable at time of booking. The final headcount and the balance of the Experience Fee are due fifteen (15) days before the Experience date.
    3. Order Acceptance, Title and Risk of Loss for Marco Goods. Your receipt of an electronic or other form of order confirmation does not signify Marco's acceptance of your order for any Marco Goods, nor does it constitute confirmation of our offer to sell. Marco reserves the right at any time after receipt of your order to accept or decline your order for Marco Goods any reason. Marco further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any Marco Goods. Your order will be deemed accepted by Marco upon our delivery of the Marco Goods that you have ordered. We may require additional verifications or information before accepting any order. All sales of Marco Goods are subject to Marco’s then-current return policies, as posted on the Marco Website. All sales of Marco Goods are made Ex Works (Incoterms 2010) Marco’s designated point of shipment, and title and risk of loss to each shipment of such Marco Goods shall pass to you when Marco makes such shipment available to the carrier.
    4. Third Party Payments Provider. Payment processing for the Services and any Experiences or Goods booked or purchased through the Services will be performed by Marco’s third-party payment processor. Marco currently uses Stripe, Inc. (“Payment Processor”) as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services). Your use of the Services and the payment processing provided by the Payment Processor is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement, as may be modified by the Payment Processor from time to time (collectively, the “Payment Processor Agreement”). As a condition of using the Payment Processor’s payment processing, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor and to charge your payment method for all amounts that may become due under this Agreement. All bank, credit card, or other payment information is sent directly to and stored with the Payment Processor using its security protocols. Marco does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of the Payment Processor’s payment processing is conditioned upon your compliance with the Payment Processor Agreement, and if the Payment Processor Agreement is terminated by the Payment Processor, you may not be able to use the Services, or you may have your use of the Services suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
    5. Third Party Goods and Experiences are Purchased Directly from Hosts. Buyers contract directly with Hosts for the purchase of Experiences and Third Party Goods through the Marketplace. Marco is not a party to any such sales. Marco currently does not charge fees to Buyers to access the Website, and Hosts are solely responsible for setting the prices for Third Party Goods and Experiences. Marco facilitates these sales by hosting the Marketplace and by facilitating the exchange as described in this Agreement. All payments must be made through the Marketplace. Marco may, in its sole discretion, refuse to allow a Buyer to purchase or book an Experience (including if information required to verify a Buyer’s identity or eligibility is not provided), and may cancel a purchase, or may limit quantities, shipment, or delivery of Goods to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or this Agreement. Refunds for cancelled orders may be issued where appropriate. Marco does not make any guarantees about Experience pricing errors and reserves the right, in its sole discretion, to not process or to cancel any requests to book Experiences, including, without limitation, if the price was incorrectly posted on the Marketplace. If this occurs, Marco will attempt to notify you by email.
    6. Taxes. Unless otherwise stated on the Marketplace at the time a booking request is made, the amounts paid by Buyers do not include any Sales Tax that may be due in connection with any Experiences or Third-Party Goods. If Marco determines it has a legal obligation to collect Sales Tax for any Experiences or Goods, Marco shall collect such Sales Tax in addition to the amounts required under these Terms. If any Experiences or Goods or payments for any Experiences or Goods under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Marco, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Marco for any liability or expense Marco may incur in connection with such Sales Taxes. Upon Marco’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
  2. Exclusion of Implied Warranties. We do not transfer legal ownership of any Third Party Goods included in the Experience from the Seller to the Buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the Buyer and the Host, unless the Buyer and the Host agree otherwise. Further, we cannot guarantee continuous or secure access to the Services and operation of the Services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
  3. Eligibility Criteria for Experience Attendees. You represent and warrant that any Attendees that will attend any Experience you purchase are (i) at least eighteen (18) years old (or at least twenty one (21) years old if the Experience involves alcohol); and (ii) not barred from using the Services or an Experience under the laws of the United States, such Attendee’s place of residence, or any other applicable jurisdiction.
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