Terms of Service
Last Updated: 30-Dec-2025
Effective Date: 18-Nov-2025
Welcome to Torvaya Inc. ("Torvaya", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of the Torvaya website, platform, and services located at https://torvaya.com (the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately. Torvaya operates from Rodney Bay, Gros Islet, Saint Lucia and is governed under the laws and jurisdiction of Saint Lucia.
1. Eligibility
You must be at least 16 years old to use Torvaya. Users under 18 years old may browse the website but may not book or participate in tours without approval and payment authorization from a parent or legal guardian. By using Torvaya, you represent that you meet these requirements.
2. Users of the Service
Torvaya provides a multi-role platform consisting of:
- Guests - individuals who browse or book tours
- Tour Providers - individuals or businesses offering tours via Torvaya
- Affiliates - individuals promoting Torvaya and earning commissions
- Admins - Torvaya staff who operate and moderate the platform
Different terms apply depending on your role. By using the Service in any capacity, you agree to the portions of these Terms applicable to you.
3. Description of the Service
Torvaya is an online platform that:
- Connects guests with independent tour providers in Saint Lucia
- Displays tour media, descriptions, schedules, and pricing
- Processes guest payments through PayPal
- Tracks affiliate referrals with a 3-day cookie window
- Allows affiliates to earn commissions for successful bookings
- Allows providers to upload tour descriptions, media, and pricing
- Sends order confirmations, updates, and notifications
- Collects usage information and analytics
- Operates globally for customers but is headquartered in Saint Lucia
Torvaya does not operate tours, provide tour equipment, supervise guests physically, or assume liability for tour provider operations.
4. User Accounts
When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account and for all activity carried out under it. You agree to notify Torvaya immediately of any unauthorized use of your account.
Torvaya may suspend or terminate any account that violates these Terms or is reasonably suspected of fraudulent, abusive, or unlawful activity.
5. Payments, Pricing & Fees (Guests)
5.1 Payments
Guest payments for tours are processed exclusively through PayPal via Torvaya's checkout flow. By completing payment, you authorize Torvaya and its payment partners to charge your selected payment method for the full booking amount.
5.2 Pricing
Tour pricing is set by providers. Torvaya is not responsible for pricing errors, tour availability, or the quality of any tour. We may, at our discretion, correct pricing errors and cancel or adjust affected bookings with notice to you.
5.3 Cancellations
- Guests may cancel up to 24 hours before the tour date for a full refund.
- No refunds are provided for cancellations within 24 hours of the tour start time.
- No refunds are provided for no-shows or missed tours. Torvaya will not process refunds for missed tours.
5.4 Refunds
- Torvaya handles eligible refunds requested before the tour date.
- Providers are fully responsible for any refunds requested after the tour date.
- All refund decisions made by Torvaya must be honored by providers. Torvaya may deduct refund amounts from upcoming provider payouts.
6. Tour Provider Terms
Tour Providers ("Providers") are independent operators who use Torvaya to list and sell tours.
6.1 Provider Responsibilities
Providers agree that they:
- Are independent operators, not employees or agents of Torvaya
- Are fully responsible for guest safety (physical or otherwise), equipment, transportation, and the overall tour experience
- Must comply with all local laws, licensing, insurance, permits, and safety regulations required to operate their tours
- Must ensure their tour information, pricing, and availability displayed on Torvaya are accurate and up to date
- Must not upload unlawful, copyrighted, misleading, or harmful content
- Must communicate promptly with guests when necessary regarding their tours
6.2 Provider Payouts
- Torvaya collects a minimum 15% commission per booking.
- Providers receive payouts after the tour is completed, during monthly payouts on the 1st of each month.
- Only completed and confirmed tours are eligible for payout.
- Payouts are processed manually through PayPal or other off-site methods specified by Torvaya.
6.3 No-Show Policy (Provider)
- Guests who do not attend ("no-shows") are not eligible for refunds.
- Providers bear responsibility for disputes or claims related to no-shows between themselves and guests.
- Torvaya will not process refunds for missed tours.
6.4 Liability
Providers acknowledge that they are solely liable for any injuries, harm, accidents, property damage, misconduct, negligence, safety failures, or incomplete or canceled tours arising from their operations. Torvaya assumes no liability for provider actions, omissions, or tour quality.
7. Affiliate Terms
Affiliates ("Affiliates") earn rewards by referring paying customers to Torvaya through tracked referral links.
7.1 Cookie Tracking
- Referral cookies last for 3 days.
- If a user books within 3 days of clicking an affiliate link, the affiliate may earn a commission, subject to Torvaya's commission rules.
7.2 Commissions
Commission rates are variable and determined solely by Torvaya. Commission rates may vary depending on tour categories, promotional campaigns, or special conditions and can be updated at any time. The current commission rate will always be visible in the Affiliate Dashboard.
7.3 Payout Timing
Affiliates may be paid only for completed bookings. Payout timing, minimum payout thresholds, and payout methods are determined by Torvaya and may be updated. Torvaya currently processes affiliate payouts manually, primarily via PayPal.
7.4 Processing Fees
Affiliates acknowledge and agree that any processing fees, transaction fees, currency conversion fees, or similar charges incurred in connection with the payment of commissions or other payouts (including, but not limited to, fees charged by payment processors, banks, or financial institutions) shall be the sole responsibility of the Affiliate.
Torvaya reserves the right to deduct such fees from current or future commission payouts, or to pass such fees on to the Affiliate as applicable, prior to disbursement. Commission amounts displayed within the platform are calculated before the application of any applicable processing or payout-related fees unless otherwise stated.
Torvaya shall not be responsible for any delays, reductions, or losses in payouts resulting from third-party payment processors or financial institutions.
7.5 Affiliate Conduct Rules
Affiliates may not:
- Use misleading, deceptive, or fraudulent marketing practices
- Impersonate Torvaya or claim to be official representatives of Torvaya
- Use Torvaya trademarks, logos, or branding without prior written permission
- Spam or share links in channels where such promotions are prohibited
Affiliates may use paid ads to promote Torvaya links, provided that such ads are not misleading and comply with these Terms and any applicable advertising policies. Torvaya reserves the right to revoke affiliate privileges at any time at its discretion.
8. User-Generated Content
Tour Providers may upload images, descriptions, titles, schedules, pricing, and other tour-related content to the Service ("User Content").
By uploading User Content, you grant Torvaya a non-exclusive, royalty-free, worldwide license to host, display, reproduce, modify, and distribute such content for the purpose of operating, marketing, and improving the Service.
You are solely responsible for your User Content. You represent and warrant that you own or have obtained all rights necessary to upload such content and that it does not violate any laws or third-party rights.
9. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Torvaya does not warrant or guarantee the quality, safety, accuracy, reliability, or availability of any tour, provider, or User Content, nor that the Service will be uninterrupted or error-free.
10. Limitation of Liability
To the maximum extent permitted by law, Torvaya is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or in connection with your use of the Service or participation in any tour.
Torvaya is not liable for injuries, accidents, property loss, missed tours, no-shows, provider cancellations, or any safety issues occurring during tours. Providers assume full responsibility for their tours and guests.
In any case, Torvaya's maximum aggregate liability under any claim shall not exceed the amount paid by the guest for the booking giving rise to such claim, if applicable.
11. Prohibited Activities
You agree not to:
- Upload or share unlawful, harmful, or infringing content
- Engage in fraud, misrepresentation, or other deceptive practices
- Attempt to manipulate bookings or tracking cookies
- Use automated scripts, bots, or scraping tools without permission
- Interfere with the security or integrity of the Service
- Bypass or attempt to bypass any access or usage limits
Torvaya may suspend or terminate your access to the Service for any violation of these Terms.
12. Third-Party Services
Torvaya uses third-party services, including but not limited to PayPal for payments, analytics providers, hosting services, and affiliate tracking tools. These third parties have their own terms and privacy policies, which govern your use of their services.
Torvaya is not responsible for the content, policies, or practices of any third-party services or websites.
13. Modification of Terms
Torvaya may update these Terms from time to time. When we do, we will revise the "Last Updated" and "Effective Date" at the top of this page. Your continued use of the Service after any such changes become effective constitutes your acceptance of the revised Terms.
14. Dispute Resolution & Governing Law
These Terms and any disputes arising out of or in connection with them or your use of the Service shall be governed by and construed in accordance with the laws of Saint Lucia, without regard to conflict of law principles.
You agree that all disputes, claims, or legal proceedings arising from or related to these Terms or the Service shall be resolved exclusively in the courts of Saint Lucia, and you hereby consent to the personal jurisdiction of such courts.
15. Chargebacks & Disputed Payments
In the event of a chargeback, payment dispute, or reversal related to a tour or service booked and paid for through Torvaya, the following shall apply:
Tour Providers
If a chargeback is submitted for a tour or service that has already been completed, the disputed amount (including any associated chargeback or processing fees imposed by the payment provider) may be deducted from the Tour Provider's future earnings or payouts. Where future earnings are insufficient or unavailable, Torvaya reserves the right to recover the disputed amount by alternative reasonable means, including offsetting against other amounts owed to the Provider.
Tour Providers agree to reasonably cooperate with Torvaya in responding to chargebacks or disputes, including providing documentation or confirmation of service completion when requested.
Affiliates
If a chargeback, refund, or payment reversal occurs for a booking that generated an Affiliate commission, the related commission amount shall be deemed unearned and may be reversed, withheld, or deducted from current or future Affiliate payouts. Affiliates shall not be entitled to commissions on refunded, reversed, or disputed transactions.
Torvaya shall not be responsible for chargebacks, reversals, or losses resulting from actions taken by guests, payment processors, or financial institutions.
16. Contact Information
If you have any questions, concerns, or legal inquiries regarding these Terms or the Service, you may contact us at:
Torvaya Inc.
Rodney Bay, Gros Islet, Saint Lucia
Email: inquiries@torvaya.com