Sign In

Payments Terms of Service

These Payments Terms of Service  (“Payments Terms”) are a binding legal agreement between you and Delve Experiences that govern the Payment Services (defined below) conducted through or in connection with the Delve Experiences Platform. When these Payments Terms mention “Delve Experiences Payments,” “we,” “us,” or “our,” it refers to the Delve Web Services Inc.

These payment services may include (if available) the following (collectively, “Payment Services”):

  • Collecting payments from Guests (“Payin”), by charging the payment method associated with their Delve Experiences account, such as credit card, debit card, bank account or PayPal account (“Payment Method”);
  • Effecting payments to Hosts (“Payout”) to a financial instrument associated with their Delve Experiences account, such as a PayPal account, bank account, a prepaid card, or a debit card (“Payout Method”);
  • Effecting payments to a third-party Payout Method designated by a Host;
  • Collection and payment of charitable donations;
  • Payment collection services; and
  • Other payment related services in connection with Host Services.

In order to use the Delve Experiences website, you must be at least 18 years old, must have an Delve Experiences account in good standing in accordance with the Delve Experiences Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.

Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Delve Experiences is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Delve Experiences of those Third-Party Services.

Verification. You authorize Delve Experiences, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Delve Experiences reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

Guest Payments Terms and Conditions

Adding a Payment Method. When you add a Payment Method to your Delve Experiences account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Delve Experiences or its third-party payment processor(s). You authorize Delve Experiences and its payment service providers to collect and store your Payment Method information.

Payment Method Verification. When you add or use a new Payment Method, Delve Experiences may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Delve Experiences account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking.

Payment Authorization. You allow Delve Experiences to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Delve Experiences account.

Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.

Timing of Payment. Delve Experiences generally charges the Total Price due after the Host accepts your booking request. However, if you book an Instant Booking experience, Delve Experiences will collect the Total Price due at the time of your booking request. Delve Experiences may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Delve Experiences Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Delve Experiences is unable to collect the Total Price due, as scheduled, Delve Experiences will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.

Booking Request Status. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Delve Experiences cancels the booking, any amounts collected by Delve Experiences and due to you pursuant to the policies described in Cancellation Policy, will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable).

Payment Restrictions. Delve Experiences reserves the right to decline or limit payments that we believe (i) may violate Delve Experiences’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms and Conditions of this website, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Delve Experiences, or others to risks unacceptable to Delve Experiences.

Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Delve Experiences, and Delve Experiences is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.

Your Payment Method, Your Responsibility. Delve Experiences is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.

Host Payments Terms and Conditions

Payment Collection. Delve Experiences generally collects the Total Price of a booking at the time the Guest’s booking request is accepted by the Host, unless noted otherwise.

Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Delve Experiences account. When you add a Payout Method to your Delve Experiences account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to Delve Experiences or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Delve Experiences requires for a valid Payout Method may change, and Delve Experiences may request additional information at any time; failing to provide requested information may result in Delve Experiences temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Delve Experiences to collect and store your Payout Method information. Delve Experiences may also share your information with governmental authorities as required by applicable law.

Timing of Payout. Subject to and conditional upon successful receipt of the payments from Guest, Delve Experiences will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the start of the Experience; and (ii) for all other Host Services, at the time specified via the Delve Experiences Platform. Delve Experiences may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by Delve Experiences may depend upon the Payout Method you select.

Payout. Your Payout for a booking will be the Total Price less applicable fees like Delve Experiences service fees and applicable taxes. In the event of cancellation of a confirmed booking, Delve Experiences will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.

Payout Restrictions. Delve Experiences may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Delve Experiences may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).

Limits on Payouts. For compliance or operational reasons, Delve Experiences may limit the amount of a Payout. If you are due an amount above that limit, Delve Experiences may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.

Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Delve Experiences is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.

Your Payout Method, Your Responsibility. Delve Experiences is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.

General Terms

Fees. Delve Experiences may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Delve Experiences Platform.

Payment Authorizations. You authorize Delve Experiences to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Delve Experiences account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Delve Experiences to collect from you:

  • Any amount due to Delve Experiences (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Guest, Host or user of the Delve Experiences Platform), including reimbursement for costs prepaid by Delve Experiences on your behalf. Any funds collected by Delve Experiences will set off the amount owed by you to Delve Experiences and extinguish your obligation to Delve Experiences.
  • Any amount due to a Host from a Guest which Delve Experiences collects as the Host’s payment collection agent.
  • Taxes, where applicable and as set out in the Terms.
  • Any amount you pay through the Resolution Center in connection with your Delve Experiences account.
  • Any Damage Claim amounts owed to Delve Experiences in accordance with the Terms.
  • Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking).
  • Any amounts already paid to you as a Host despite a Guest canceling a confirmed booking or Delve Experiences deciding that it is necessary to cancel a booking in accordance with the Terms, Cancellation Policy. You agree that in the event you have already been paid, Delve Experiences will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.

If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize Delve Experiences to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. Delve Experiences will notify you in writing before any Additional Amounts are charged.

If your Payment Method associated with the relevant booking is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and Delve Experiences may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your Delve Experiences account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.

If Delve Experiences has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Delve Experiences released the payout for such stay, Delve Experiences may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.

In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Delve Experiences collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

Payment Processing Errors. Delve Experiences will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Delve Experiences or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.

To the extent you receive any funds in error, you agree to immediately return such funds to Delve Experiences.

Refunds. Any refunds or credits due to a Member pursuant to the Terms or in Cancellation Policy will be initiated and remitted by Delve Experiences in accordance with these Payments Terms.

In case of a cancellation by Host, Delve Experiences will hold the funds for up to 72 hours until the Guest is either refunded or the Guest directs Delve Experiences to use the funds to rebook with another Host. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Delve Experiences Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Delve Experiences will initiate and process the refund as soon as is practicable.

Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations;
  • breach or circumvent any agreements with third parties, third-party rights, or the Terms;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your Delve Experiences account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Delve Experiences or any of Delve Experiences’ providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

Force Majeure. Delve Experiences shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Delve Experiences, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).

Disclaimers

If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

Notwithstanding Delve Experiences’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Delve Experiences explicitly disclaims all liability for any act or omission of any Member or other third party. Delve Experiences does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

Liability

Except as provided in these Terms, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Delve Experiences account in any way, you are responsible for the actions taken by that person. Neither Delve Experiences nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Delve Experiences has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the Host Damage Protection or Japan Host Insurance, in no event will Delve Experiences’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Delve Experiences Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Delve Experiences to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Delve Experiences and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Delve Experiences’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at Delve Experiences’ option), indemnify, and hold Delve Experiences and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.

Modification, Term, Termination, and other Measures

Modification. Except as otherwise required by applicable law, Delve Experiences may modify these Payments Terms at any time. If we make material changes to these Payment Terms, we will post the revised Payment Terms on the Delve Experiences Platform and update the “Last Updated” date at the top of these Payment Terms. If you do not terminate your agreement before the date the revised Payment Terms become effective, your continued use of the Payment Services will constitute acceptance of any changes to the revised Payments Terms.

Term. This agreement between you and Delve Experiences reflected by these Payment Terms is effective when you create an Delve Experiences account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3.

Termination. You may terminate this agreement at any time by sending us an email or by deleting your Delve Experiences account. Terminating this agreement will also serve as notice to cancel your Delve Experiences account pursuant to the Terms. Without limiting our rights specified below, Delve Experiences may terminate this agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address. Delve Experiences may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Delve Experiences believes in good faith that such action is reasonably necessary to protect other Members, Delve Experiences, or third parties.

Suspension and Other Measures. Delve Experiences may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Delve Experiences believes in good faith that such action is reasonably necessary to protect the personal safety or property of Delve Experiences, its Members,  or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method

Effect of Termination. If you cancel your Delve Experiences account as a Host or Delve Experiences takes any of the measures described above, Delve Experiences may provide a full refund to any Guests with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Delve Experiences account as a Guest, Delve Experiences will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Delve Experiences account or attempt to access and use the Payment Services through an Delve Experiences account of another Member.

Survival. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement.

Arbitration Agreement

Overview of Dispute Resolution Process. Delve Experiences is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Delve Experiences’ customer service team (described in Section 15.3), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Delve Experiences each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration

Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Delve Experiences each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Delve Experiences, which will send its notice of dispute to the email address associated with your Delve Experiences account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

Agreement to Arbitrate. You and Delve Experiences mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Delve Experiences agree that the arbitrator will decide that issue.

Exceptions to Arbitration Agreement. You and Delve Experiences each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; or (iii) any individual claim of sexual assault or sexual harassment arising from your use of the Delve Experiences Platform or Host Services. You and Delve Experiences agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the arbitrator (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Delve Experiences agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; or (b) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Jury Trial Waiver. You and Delve Experiences acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

No Class Actions or Representative Proceedings. You and Delve Experiences acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

Severability. Except as provided in the Terms, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.

Additional Clauses for Users that are Businesses

The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

You accept the Payments Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.

You and your Representative individually affirm that you are authorized to provide the information required and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licenses, and authorizations in this agreement.

If you are using your Payment Method for the benefit of your employees or other authorized third-party in connection with Delve Experiences for Work, as permitted by your account, you authorize Delve Experiences to charge your Payment Method for bookings requested by employees at your company or other permitted third-party.

For any Payout Method linked to your Delve Experiences account, you authorize Delve Experiences to store the Payout Method, remit payments using the Payout Method for bookings associated with your Delve Experiences account and take any other action as permitted in the Payments Terms in respect of the Payout Method.

If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.

Delve Experiences will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us at support@delveexperiences.com.