These Terms and Conditions set out the basis on which a Customer may participate in the Pangea Membership Program and use his or her Pangea Membership. The following provisions govern the ownership and use of Membership:

DEFINITIONS:

The following terms when used herein shall have the following meanings:

Pangea means: Pangea, Inc. a company registered in Arkansas, USA at 1801 SW Regional Airport BLVD, Suite 9, Bentonville, AR 72712.

"Affiliate/Vendor" means: a third party with whom Pangea has entered into a contract wherein the third party provides benefits to Members of the closed-user group program operated by Pangea.

"Benefits" means: access to the various special products and services made available to Members. Benefits shall include preferred rates, special offers, and such other products and services as Pangea shall in its sole discretion offer from time to time.

"Member" means: a person who has been accepted by Pangea as a member and who has paid the initial Membership Fee and account is in good standing. A Person ceases to be a Member if he or she terminates their Membership.

"Membership" means: a participation in the closed-user group which entitles the Member to access all the Benefits offered by Pangea through the Membership program.

"Membership Application" means: Virtual product order form and application process.

"Initial Membership Fee" means: the payment of $397.00 (or such other amount set by Pangea) by an applicant who has been accepted by Pangea as a Member.

1. An Applicant to become a Member of the Pangea program must be 18 years of age or older.

2. Pangea is entitled to refuse to accept any Membership Application at its sole discretion.

3. Membership in the Pangea program becomes effective when the Membership Application is accepted by Pangea and the applicant has paid the Initial Membership Fee.

4. Upon acceptance of the Membership Application and payment of the of the Initial Membership Fee, a Membership number will be issued to the Member and the Member will be provided with such additional information and material as deemed necessary from time to time so that the Member is aware of and can access all Benefits of Membership. The Membership and the Benefits cannot be used in conjunction with any other offer or promotion. The Membership once issued is non transferable, not for sale, resale or redeemable for cash.

5. The Member hereby authorizes Pangea to debit the Membership Fee from my credit or debit card identified on the Membership Application.

6. Pangea reserves the right to change its prices associated with its products and services in its sole and absolute discretion. The Member agrees to abide by all amendments or modifications that Pangea elects to make. Amendments shall be effective upon notice to all Customers that the Agreement has been modified.

7. This Agreement will remain in effect unless or until terminated by the Member by sending, in writing through the Members support ticket system in their Pangea back office, cancellation of his or her Membership. A Member has the right to cancel the Membership immediately within (3) three working days of the date of the Membership Application if he or she so wishes by sending written notice of cancellation to Pangea through the Members back office support ticket system. The Member is entitled to a refund of all monies paid provided that Member has not during the period of (3) business days since the date of his or her Membership Application used the Membership to access Benefits.

8. Members may purchase the goods and/or services described at Pangeas website or the travel websites of Pangea Representatives. Such goods and services may only be purchased through such websites without opportunity for inspection. Freight costs, handling fees, and other costs incidental to the purchase of such goods and or services will be notified to the Member prior to purchase. The goods and services available through the Pangea Membership are purchased from Affiliates/Vendors who are third party vendors and not from Pangea. Pangea makes no representation to the quality of such goods or services provided by the aforementioned third party. Pangea will use all reasonable endeavors to provide the Member with all the information that has been made available to it by an Affiliate/Vendor about all Benefits and goods and services offered via the Pangea Membership program.

9. Benefits may be used by Members and their immediate family including spouse, civil or other partner and dependent children. Dependent children are for the purposes of these terms and conditions those children residing with their parent(s) or legal guardian(s), in full time education, unmarried and 25 years of age or under. In addition, a child that is permanently disabled regardless of age or educational status and under the direct care of his or her parent(s) or legal guardian(s) is for the purpose of these terms and conditions deemed a dependent child.

10. The Member herby acknowledges and agrees that it is his or her responsibility to choose which products or services he or she purchases and that not electing to participate in all or any of the products or services offered does not constitute a breach of these terms and conditions and my Membership. The Member further agrees that he or she will not be eligible for a full or partial refund of his or her Membership Fee as a result of his or her failure to access any of the Benefits offered by Pangea except in the event of cancellation within the first (3) three business days of the Membership Application.

11. The Member acknowledges and agrees that due to the inherently limited inventory in the travel industry, the published price for the Benefits and products and/or services offered by Affiliate/Vendors through the Pangea Membership program is not guaranteed to all Members regardless of attendance volume. The Member further agrees that Pangea will make every available opportunity to offer via its Affiliate/Vendors the best possible price but that prices may increase above the initially published price due to limited inventory availability.

12. The Member must inform Pangea of any change in his/her address or other contact details and agrees that Pangea may retain and process the personal information given by him/her to Pangea. Pangea may record this information manually and/or electronically and will be the data controller for this information. Pangea may disclose and transfer such personal information to other members of the Pangea group of companies, Affiliate/Vendors, and Representatives for the purposes of Pangea’s Business.

13. Pangea is an intermediary between the Affiliate/Vendors and the Members. It is the responsibility of the Member to check whether an Affiliate/Vendor is offering a more favorable rate for any products or services than available through Pangea and Pangea accepts no liability for the Member having used his or her Membership instead of having taken advantage of a more favorable short term incentive, discount, promotion or otherwise. The details of the Affiliates/Vendors and products and services offered by the Affiliates/Vendors published on the Pangea website and in the Member Guide are based upon information supplied by the Affiliates/Vendors and may be subject to change without notice. While every care has been taken to ensure the accuracy of such detail at the time of publication.

14. Pangea has contracted with Affiliates/Vendors to provide Benefits to Members, which Benefits will change from time to time. Pangea will at all times provide updated information as to Benefits available via its website and notices to Members.

15. Subject to the Terms and Conditions of Membership herein, the Member is entitled to unlimited use of Benefits offered by Pangea during the term of his or her Membership.

16. All Communication between the Member and Pangea must include the Member ID.

17. Membership is personal to the Member and a Member may not transfer, assign, charge or otherwise dispose any of his or her rights or obligations arising under these terms and conditions, without the prior written consent of Pangea. Pangea may assign, charge, sub-contract or otherwise dispose of any of its rights or obligations arising under these terms and conditions, at any time during the term of the Membership. In the event of the death of a Member the Member’s heirs may at the discretion of Pangea receive the Benefits for the balance of the term of Membership subject to continued payment of the Monthly Membership fee.

18. In order to maintain positive relationships with our vendors and suppliers and in accordance with agreements between vendors and Pangea, it is necessary that Pangea Members adhere to the following etiquette. While traveling on a Pangea Grand Vacation, whether on or off the property, Pangea Members are PROHIBITED from disclosing to ANYONE the special Pangea-vendor negotiated price.

19. Although Members can receive special “Members Only” prices on goods and services the Member understands that Pangea does not claim any specific discount or savings will be available to an individual Member at any specific time and that Pangea is not a discount buying service. The Member understands that the same or similar products and services may be available to the Member at equivalent or lower prices than available to him or her through his or her Membership.

20. Member enquiries shall be made through Pangea for referral to Affiliates/Vendors for provision of products and/or services. Payment for all products and/or services provided by the Affiliate/Vendor to the Member is arranged and handled exclusively between the Member and the Affiliate/Vendor who actually supplies the product and/or service.

21. These terms and conditions must be read in conjunction with the terms and restrictions unique to each Affiliate/Vendor and the purchase of all products and/or services is subject to the terms and conditions of the Affiliate/Vendor supplying such products or services. Individual Affiliates/Vendors retain the right to vary prices and/or availability without notice. The Member acknowledges and agrees that Pangea provides no product or services warranties or guarantees as regards to products or services purchased by the Member from Affiliates/Vendors. Whilst each Affiliate/Vendor has confirmed its willingness to participate in the Pangea program, Pangea can accept no liability for loss or personal injury suffered except to the extent that Pangea is required to accept such liability by law. This does not affect any of the Member’s statutory rights as a consumer. In the unlikely event that the Affiliate/Vendor fails to honor the Benefits in the Member Guide, the Member should contact Pangea Customer Service Department. Pangea shall not be held responsible for the suitability or otherwise of the products or services offered by the Affiliates/Vendors. Any dispute must be settled directly with the Affiliate/Vendor concerned.

22. All Notices given by the Member must be submitted through the Customer Support Ticketing Center. Pangea may give notice to the Member at either the email or postal address he or she provides when making the application for Membership. Notice will be deemed received and properly served immediately when posted on the Pangea website, 24 hours after an email is sent, or three days after the date of posting of any letter. In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email was sent to the specified email address of the addressee.

23. Pangea will not be liable for any failure to perform, or delay in performance of, any of its obligations under these terms and conditions that is caused by events outside of our reasonable control. This includes but is not limited to the following: Strikes, lock-outs or other industrial action, riot, invasion, terrorist attack or threat, war or threat, Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other Natural Disaster or Act of God. Pangea’s performance under any of these terms and conditions is deemed to be suspended for the period that the event continues, and Pangea will have an extension of time for performance for the duration of that period. Pangea will use our reasonable endeavors to bring the event to a close or to find a solution by which its obligations under these terms and conditions may be performed despite the event.

24. If Pangea fails, at any time to insist upon strict performance of any of the Member’s obligations under these terms and conditions, or if Pangea fails to exercise any of the rights or remedies to which it is entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve the Member from compliance with such obligations. A waiver by Pangea of any default shall not constitute a waiver of any subsequent default. No waiver by Pangea of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the Member in writing.

25. If any of these terms and conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

26. These terms and conditions and any document expressly referred to in them represent the entire agreement between the parties in relation to the Membership and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.

27. Pangea may revise and amend these terms and conditions from time to time. Pangea will notify the Member of the change to these terms and conditions in which case Pangea shall be entitled to assume that the member has accepted the change to the terms and conditions, unless the Member notifies Pangea to the contrary within seven (7) business days of receipt by the Member of notice of the change of terms and conditions.

28. Pangea operates a complaints handling procedure, which is used to try to resolve disputes when they first arise. If a Member has a complaint he or she should contact the Customer Service Department through the Customer Support ticket system.