TOURWHIZ App Terms of Service (“Agreement”)

This Agreement was last modified on Sep 23, 2017.

THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH TOURWHIZ Ltd. OFFERS YOU ACCESS TO THE TOURWHIZ PLATFORM.

These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and TOURWHIZ Ltd. (“TOURWHIZ,” “TOURWHIZ App,”  “TW,” “The App,” “we,” “us,” or “our”), a UK based Limited Liability Company, governing your use of the TOURWHIZ application, Platform, and technology platform (collectively, the “TW Platform”).

The TW Platform provides a marketplace where persons who seek tourism services (“Customers”) in certain destinations (“Cities”) can be matched with persons providing tours in those destinations (“Tour Assistants”). Tour Assistants and Customers are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the TOURWHIZ Platform. For purposes of this Agreement, the tourism services provided by Tour Assistants to Customers that are matched through the Platform shall be referred to collectively as the “Services”.

TOURWHIZ DOES NOT PROVIDE TOURISM SERVICES, AND TOURWHIZ IS NOT A TOUR SERVICES PROVIDER. IT IS UP TO THE TOUR ASSISTANT TO DECIDE WHETHER OR NOT TO OFFER A TOUR SERVICE AND (OR) ASSISTANCE TO A CUSTOMER CONTACTED THROUGH THE TOURWHIZ PLATFORM, AND IT IS UP TO THE CUSTOMER TO DECIDE WHETHER OR NOT TO ACCEPT A TOUR SERVICE OR ASSISTANCE FROM ANY TOUR ASSISTANT CONTACTED THROUGH THE TOURWHIZ PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE TOURWHIZ PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TOURISM SERVICE PROVIDED BY A TOUR ASSISTANT TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS.

By creating your User account and using the TOURWHIZ Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TOURWHIZ PLATFORM OR THE SERVICES.

Disclaimer

Users of the App are advised there are no background checks whatsoever are made against individuals using the App. Therefore, users should exercise all due diligence and caution when connecting with other users to make sure they are a safe and suitable TOURWHIZ users. We encourage users to only connect with people that they know and trust using existing social connections, if you choose to connect with a stranger it must be done with a high degree of due diligence, and completely at your own risk.

Eligibility & Use

In order to use the App, you must be at least eighteen years old or supervised by a Parent or Guardian. You are entirely responsible for your posted journeys.

We are not obliged to check the identities of anyone using TOURWHIZ platform. You are responsible for all equipment (including but not limited to computer, software, telephone, internet and other telecommunication systems) used to access the App, together with any charges or costs incurred as a result of its use.

Intellectual Property

All intellectual property rights in the TW Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the TW Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of TOURWHIZ. TOURWHIZ shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Termination

We may terminate your access to the platform, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Platforms

In some circumstances, our platform may contain links to third-party platforms that are not owned or controlled by TOURWHIZ. TOURWHIZ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party platforms or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party Platform that you visit.

Limited License

TOURWHIZ grants you a non-exclusive, non-transferable, limited license to use the platform in accordance with this Agreement.

Warranty Disclaimer

Your use of the App is at your sole risk. The App is provided on an “as is” and “as available” basis. The App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of tour accident or false representation of a third party. We advise you to use your common sense with the App, and choose to communicate with people you know and trust.

TOURWHIZ, its subsidiaries, affiliates, and its licensors do not warrant that a) the App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the App will meet your requirements.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the App. Your continued use of the platform after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the platform or discontinue any use of the platform immediately.

Payments

As a Customer, you agree that any amounts charged following a Service (a “Charge”) are mandatory and due and payable immediately upon completion of the service. Charges include service fees and other applicable fees, surcharges, and taxes as set forth on TOURWHIZ Platform. TOURWHIZ has the authority to modify pricing, however in most cases users will have the authority to set their own service fees on the Platform. Charges may vary based on the type of service you request. You are responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

As a Tour Assistant, you will receive applicable Service Fees (net of TW’s Administrative Fee) for the Services you provide. TOURWHIZ will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. TOURWHIZ reserves the right to withhold all or a portion of Service Fees if it believes that you have attempted to defraud or abuse TOURWHIZ or the payment systems.

In exchange for permitting you to offer your Services through the TW Platform as a Tour Assistant, you agree to pay TOURWHIZ (and permit TOURWHIZ to retain) a fee based on each transaction in which you provide Services (the “Administrative Fee”) The amount of the applicable Administrative Fee will be communicated to you in an Administrative Fee schedule. TOURWHIZ reserves the right to change the Administrative Fee at any time in TW’s discretion  based upon local market factors, and TW will provide you with notice in the event of such change. Continued use of the TW Platform after any such change in the Administrative Fee calculation shall constitute your consent to such change.

TOURWHIZ, at its sole discretion, may make available promotions with different features to any User or prospective User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with TOURWHIZ.

Communications

By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by TOURWHIZ, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of TOURWHIZ, its affiliated companies and/or Tour Assistants, including but not limited to: operational communications concerning your User account or use of the TW Platform or Services, updates concerning new and existing features on the TW Platform, communications concerning promotions run by us or our third party partners, and news concerning TW and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the TOURWHIZ Platform or the Services.

Your Information

Your Information is any information you provide, publish or post to or through the TW Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any TW-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the TW Platform and participate in the Services. Our collection and use of personal information in connection with the TW Platform and Services is as provided in TW’s Privacy Policy.

Social Networking Sites

As part of the functionality of the TW Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account") by either providing your SNS Account login information through the TW Platform or allowing TOURWHIZ to access your SNS Account. By granting TOURWHIZ access to any SNS Accounts, you understand that TOURWHIZ may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the TW Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the TW Platform.

Restricted Activities

With respect to your use of the TW Platform and your participation in the Services, you agree that you will not:

  1. impersonate any person or entity;
  2. stalk, threaten, or otherwise harass any person, or carry any weapons;
  3. violate any law, statute, ordinance or regulation;
  4. interfere with or disrupt the Services or the TW Platform or the servers or networks connected to the TW Platform;
  5. post Information or interact on the TW Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
  6. use the TW Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the TW Platform;
  9. “frame” or “mirror” any part of the TW Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
  10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the TW Platform or any software used on or for the TW Platform;
  11. rent, lease, lend, sell, redistribute, license or sublicense the TW Platform or access to any portion of the TW Platform;
  12. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the TW Platform or its contents;
  13. create liability for us or cause us to become subject to regulation as a Tourism provider;
  14. link directly or indirectly to any other web sites;
  15. transfer or sell your User account, password and/or identification to any other party; or
  16. cause any third party to engage in the restricted activities above.

We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.

Tour Assistants Representations and Warranties

By providing Services as a Tour Assistant on the TW Platform, you represent, warrant, and agree that:

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE TW PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE TW PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE TW PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

No Agency

You and TOURWHIZ are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.