These terms and conditions (as amended from time to time, the “Terms”) govern the use of ‘tourguidefind.com’ platform services (the “Services”) and access of such Services through the website www.tourguidefind.com (the “Site”) or application for mobile devices (the “Application”).
Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application or Services.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Guidance” means services that a Local may provide to a Visitor in relation to a specific travel destination (e.g. picking up from the airport, showing the best bars and restaurants in town, sightseeing or visiting non-touristic places, etc.). The services must comply with local and international legal regulations. Firms or legal entities cannot register and provide Guidance services as Locals on the Tourguidefind platform.
“Guidance Fee” means an amount due and payable by a Visitor for the Guidance.
“Membership” means a status that allows Users and Visitors to book and contact Locals. Membership is free.
“Local” means a User - a natural person who creates the Profile via the Site, Application and provides the Guidance services.
“User” means an individual who completes tourguidefind.com account registration process, including but not limited to the Locals and Visitors.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Visitor” means a User who requests from a Local a booking of the Guidance via the Site, Application or Services.
“you”, “your” and “yours” means you a User of the Site or Application.
“we”, “us” and “our” are references to tourguidefind.com .
Interpretation of Tourguidefind host
On Tourguidefind, a ‘host’ is a broad definition of a person who resides in a certain location and wishes to share his personal local experience with travellers he meets on Tourguidefind so that they could become acquainted with the area from the perspective of a local. Tourguidefind local hosts must meet all legal requirements to give tours in their area. In some cases, and in some locations, this means that a specific license has to be obtained from an appropriate authority. However if a Tourguidefind host is simply accompanying travellers, offers practical advice or shares his experience about ‘best bars and restaurants’, ‘non-touristic spots’, ‘shopping areas’ etc. he may just be a passionate local person without any formal training in tour organising.
Description of the Services
Tourguidefind is a platform for meeting locals and visitors. Tourguidefind managers organize this meeting and both parties are informed.
By using the Site or Application, the Locals may create profiles (the “Profiles”) that provide information about their knowledge of and experience with a specific travel destination, and may make themselves available to offer the Guidance to the Visitors. Based on the Profiles, the Visitors may select the Locals to provide the Guidance.
Visitors can pay for trip to us on web site (online payment), send to our bank number or pay local when start trip.
All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application or via the Services, is the property of Tourguidefind and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Services.
You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).
You are responsible for any actions that take place while using your tourguidefind.com account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Tourguidefind is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
Requirements for the Locals, Profiles and Guidance
If you are Visitor, you understand and agree that a Local is not an individual involved in professional travel activities. A Local is not always a licensed and/or qualified tour guide. He or she is a person, who resides and has knowledge of certain area and wishes to share it with the Visitors so that they become acquainted with the area from the perspective of a Local.
As a Local, you may create Profile where you can showcase a range of original local Guidance as well as personal information you wish to share with Visitors about you and your area. The Profile will be made publicly available via the Services, and Visitors will be able to book Guidance via the Site, Application and Services based upon the information provided in your Profile. Visitors will also be able to provide feedback on your Guidance and rate you as a Local. We will monitor all feedback obtained from Visitors prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Visitors.
If you are Local, you represent and warrant that your Profile and Guidance (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.
Please also note that any Guidance offered by a Local must comply with the following requirements: (i) the Guidance has to be delivered personally by the Local who confirmed the booking, (ii) the Visitor may not be joined to the Guidance booked by or delivered to other Visitors, (iii) the number of the Guidances that the Local may deliver per day is limited to one.
User Interaction and Conduct
You are solely responsible for your interactions with other Users, whether online or in person. Tourguidefind assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users, and conduct any necessary investigation before meeting another person. Tourguidefind Limited is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.
We reserve the right to monitor and suspend any User accounts we suspect of abusing.
Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your tour details only. Contact details of both parties will be automatically released after booking is confirmed via Tourguidefind payment system. In case you bypass the Tourguidefind platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services. If necessary, your internal communication on Tourguidefind can be reviewed by Tourguidefind staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.
You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libellous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Guidance, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organisation or belief.
When using the Site, Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorised access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the Services.
All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to Tourguidefind a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.
We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If Tourguidefind chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
You agree that Tourguidefind, in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
We reserve the right to terminate your access to the site for any reason or no reason and may terminate your Membership upon sending notice to you at the email address you provide in your application for Membership or such other email address as you may later provide to us.
If you are a Visitor and wish to book the Guidance, you may do so either through the Site or Application.
If you are a Local and a booking is requested for your Guidance through the Site or Application, you will be required to either confirm or reject the booking before the day of when the booking is requested. Otherwise the booking request will be automatically cancelled.
A Local individually determines the Guidance Fee.
Before setting the Guidance Fee the Local must evaluate the fees and any local taxes applied for providing Guidance services. The Guidance Fee has to include any such fees and taxes that the Local determines that he/she has to collect. The Guidance Fee displayed in the advertisement of a Tourguidefind or Profile includes all fees and taxes and is final for the Visitor.
As a Local you understand and agree that 100% of the amount paid for the Guidance will be considered as your personal income and taxes will be accounted for the entire initial amount.
We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you.
Your use of the Site, Application and Services is without any warranty or guarantee and is entirely at your own risk.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.
You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.