PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, GUIDES SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. IN SOME LOCATIONS, GUIDES MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A TOUR. CERTAIN TYPES OF TOUR BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. GUIDES SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON MYGUIDE.
Last Updated: August 17th, 2015
Myguide.io (our site) is a site operated by Ground Six Limited (We). We are registered in England and Wales under company number 7821998 and have our registered office and main trading address at Spaceworks, Benton Park Road, Newcastle upon Tyne, NE7 7LX. Our VAT number is 125479404.
the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH GUIDES MAY CREATE LISTINGS FOR TOURS AND TRAVELERS MAY LEARN ABOUT AND BOOK TOURS DIRECTLY WITH THE GUIDES. YOU UNDERSTAND AND AGREE THAT MYGUIDE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN GUIDES AND TRAVELERS, NOR IS MYGUIDE A TOUR BROKER, AGENT OR INSURER. MYGUIDE HAS NO CONTROL OVER THE CONDUCT OF GUIDES, TRAVELERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY TOURS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Myguide Content" means all Content that Myguide makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Traveler (as determined by Myguide in its sole discretion), within which a Guide may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
"Collective Content" means Member Content and Myguide Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Traveler" means a Member who requests from a Guide a booking of Tours via the Site, Application or Services, or a Member who participations at an Tours and is not the Guide for such Tours.
"Guide" means a Member who creates a Tour via the Site, Application and Services.
"Listing" means a Tour that is listed by a Guide as available for booking via the Site, Application, and Services.
"Member" means a person who completes Myguide's account registration process, including but not limited to Guides and Travelers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, tours or lodging taxes, fees (such as convention center fees) that tours providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Myguide reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
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.
The Site, Application and Services can be used to facilitate the listing and booking of personal or group guided tours in locations across the world ("Tours"). Such Tours are included in Listings on the Site, Application and Services by Guides. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Tour or create a Listing, you must first register to create an Myguide Account (defined below).
As stated above, Myguide makes available an online platform or marketplace with related technology for Travelers and Guides to meet online and arrange for bookings of Tours directly with each other. Myguide is not an owner or operator of properties, including, but not limited to, tourist activities, modes of transport, lodgings or Tours, nor is it a provider of tours, including, but not limited to, activities, shows or Tours and Myguide does not own, sell, resell, furnish, provide, manage and/or control tours, including, but not limited to, Tours or transportation or travel services. Unless explicitly specified
otherwise in the Myguide platform, Myguide's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Guide for the purpose of accepting payments from Travelers on behalf of the Guide.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE GUIDES AND TRAVELERS CONNECTING AND BOOKING TOURS DIRECTLY WITH EACH OTHER. MYGUIDE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. MYGUIDE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TOURS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and Application, and to book a Tour or create a Listing, you must register to create an account ("Myguide Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You may also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Myguide Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Myguide through the Site, Services or Application; or (ii) allowing Myguide to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Myguide and/or grant Myguide access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Myguide to pay any fees or making Myguide subject to any usage
limitations imposed by such third-party service providers. By granting Myguide access to any Third-Party Accounts, you understand that Myguide will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Myguide Account and Myguide Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Myguide Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Myguide's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Myguide Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Myguide makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Myguide is not responsible for any SNS Content.
Your Myguide Account and your Myguide Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Myguide Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Myguide reserves the right to suspend or terminate your Myguide Account and your access to the Site, Application and Services if you create more than one (1) Myguide Account, or if any information provided during the registration process or thereafter proves to be
inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Myguide Account, whether or not you have authorized such activities or actions. You will immediately notify Myguide of any unauthorized use of your Myguide Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Tour to be listed, including, but not limited to, the location, capacity, size, features, activities, and availability of the Tours and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Guides must have valid information logged with us. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Tours via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Traveler requests a booking of your Tours, you may not request the Traveler to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Traveler's participation at, a Tour in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as a tour association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Tours included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Myguide assumes no responsibility for a Guide's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Myguide reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Myguide, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you are a Guide, you understand and agree that Myguide does not act as an insurer or as your contracting agent. If a Traveler requests a booking of your Tours and participations at your Tours, any agreement you enter into with such Traveler is between you and the Traveler and Myguide is not a party to it. Notwithstanding the foregoing, Myguide Payments serves as the limited authorized payment collection agent of the Guide for the purpose of accepting, on behalf of the Guide, payments from Travelers of such amounts stipulated by the Guide (including for tickets/activities or other fees and/or Taxes).
If you are a Guide, Myguide makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Tours. You acknowledge and agree that, as a Guide, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Tours at your request or invitation, excluding the Traveler (and the individuals the Traveler invites to the Tours, if applicable.)
Myguide recommends that Guides obtain appropriate insurance for their Tours. Please review any insurance policy that you may have for your Tours carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travelers (and the individuals the Traveler invites to the Tours, if applicable) while participating in your Tours.
Myguide may offer Guides the option of having photographers take photographs of their Tours. If you as a Guide choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "Myguide.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute Myguide Content, regardless of whether you
include them in your Listing. You agree that Myguide may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
Myguide does not endorse any Member or any Tours. You understand that Verified Tours or Verified Images are intended only to indicate a photographic representation of the Tours at the time the photograph was taken. Verified Images are therefore not an endorsement by Myguide of any Member or any Tours. Members are required by these Terms to provide accurate information, and although Myguide may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Myguide about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to participation with a Guide or to accept a booking request from a Traveler, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Myguide with respect to such actions or omissions. Accordingly, we encourage you to communicate
directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Guide against Myguide regarding the remittance of payments received from a Traveler by Myguide on behalf of a Guide, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
"Tours Fees" means the amounts that are due and payable by a Traveler in exchange for that Traveler's participation in a Tour. The Guide alone, and not Myguide, is responsible for the Tours Fees for his or her Listing. The Guide may in his or her sole discretion decide to include in these amounts (i) a ticket fee or any other fee permitted on the Myguide platform, or (ii) Taxes that the Guide determines that he or she has to collect.
"Traveler Fees" means the fee that Myguide charges a Traveler for the use of the Services, which is calculated as a percentage of the applicable Tours Fees. The Traveler Fees will be displayed to the Traveler when the Traveler is asked whether to send a booking request to a Guide.
"Guide Fees" means the fee that Myguide charges a Guide for the use of the Services, which is calculated as a percentage of the applicable Tours Fees. The Guide Fees will be displayed to the Guide when the Guide is asked whether to confirm or reject a booking request from a prospective Traveler.
"Service Fees" means collectively the Traveler Fees and the Guide Fees.
"Total Fees" means collectively the Tours Fees and the Traveler Fees plus any Taxes.
If you are a Guide and a booking is requested for your Tour via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Traveler who has requested the booking, (ii) a link to the Traveler's Myguide Account profile page, (iii) if the Traveler and Guide have both
connected their Myguide accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Traveler on such SNS. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Myguide for the requested booking will be refunded to the applicable Traveler's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Traveler, Myguide will send you an email confirming such booking.
Myguide Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Guide confirms the booking request) and will initiate payment of the Tours Fees (less Myguide's Guide Fees and any Taxes in respect of the Guide Fees, such as VAT in Europe) to the Guide within 48 hours of when the Traveler arrives at the applicable Tours (except to the extent that a refund is due to the Traveler). The time it takes for the Guide to receive payouts may depend upon the payout method chosen by the Guide. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Guide, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Myguide Payments to Myguide (whether as a result of your bookings or actions as a Traveler or otherwise), then Myguide Payments may (but is not obliged to) withhold the amount owing to Myguide from any payout amounts due to you as a Guide, and use the withheld amount to setoff the amount owed by you to Myguide. If Myguide Payments does so, then your obligation to pay Myguide will be extinguished to the extent of the amount withheld by Myguide Payments, and Myguide will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Myguide by you. Such communication may be made by
Myguide or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of Myguide Payments as Limited Payment Collection Agent for Guide
Each Guide hereby appoints Myguide Payments as the Guide's limited payment collection agent solely for the purpose of accepting the Tours Fees from Travelers.
Each Guide agrees that payment made by a Traveler through Myguide Payments, shall be considered the same as a payment made directly to the Guide, and the Guide will make the Tours available to the Traveler in the agreed-upon manner as if the Guide has received the Tours Fees. Each Guide agrees that Myguide may, in accordance with the cancellation policy, (i) permit the Traveler to cancel the booking and (ii) refund (via Myguide Payments) to the Traveler that portion of the Tours Fees specified in the applicable cancellation policy. Each Guide understands that as Myguide Payments accepts payments from Travelers as the Guide's limited payment collection agent and that Myguide Payments' obligation to pay the Guide is subject to and conditional upon successful receipt of the associated payments from Travelers. Myguide does not guarantee payments to Guides for amounts that have not been successfully received by Myguide Payments from Travelers. In accepting appointment as the limited authorized agent of the Guide, Myguide Payments assumes no liability for any acts or omissions of the Guide.
Please note that Myguide does not currently charge fees for the creation of Listings. However, you as a Guide acknowledge and agree that Myguide reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Myguide will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
The Guides, not Myguide, are solely responsible for honoring any confirmed bookings and making available any Tours reserved through the Site,
Application and Services. If you, as a Traveler, choose to enter into a transaction with a Guide for the booking of a Tour, you agree and understand that you will be required to enter into an agreement with the Guide and you agree to accept any terms, conditions, rules and restrictions associated with such Tours imposed by the Guide. You acknowledge and agree that you, and not Myguide, will be responsible for performing the obligations of any such agreements, that Myguide is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Myguide disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Myguide is not a party to the agreement between you and the Guide, Myguide Payments acts as the Guide's payment collection agent for the limited purpose of accepting payments from you on behalf of the Guide. Upon your payment of the Total Fees to Myguide Payments, your payment obligation to the Guide for the Tours Fees is extinguished, and Myguide Payments is responsible for remitting the Tours Fees (less the Guide Fees and any Taxes in respect of the Guide Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Myguide Payments does not remit any such amounts as described in these Terms, such Guide will have recourse only against such Myguide entity.
The Total Fees payable will be displayed to a Traveler before the Traveler sends a booking request to a Guide. As noted above, the Guide is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Guide), any amounts collected by Myguide Payments will be refunded to such Traveler, depending on the selections the Traveler makes via the Site and Application, and any pre-authorization of such Traveler's credit card will be released, if applicable.
You as a Traveler agree to pay Myguide for the Total Fees for any booking requested in connection with your Myguide Account if such requested bookings are confirmed by the applicable Guide. In order to establish a booking pending the applicable Guide's confirmation of your requested booking, you understand and agree that Myguide Payments, on behalf of the Guide, reserve the right, in its sole discretion, to (i) obtain a pre-authorization
via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, Myguide Payments will collect the Total Fees due once Myguide receives confirmation of your booking from the applicable Guide; if necessary, Total Fees may instead be collected at a later point. Please note that Myguide cannot control any fees that may be charged to a Traveler by his or her bank related to Myguide's collection of the Total Fees, and Myguide disclaims all liability in this regard.
In consideration for the use of Myguide's online marketplace and platform, Myguide charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Guide Fees and Traveler Fees. Myguide Payments deducts the Guide Fees from the Tours Fees before
remitting the balance to the Guide as described in these Terms. Traveler Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Myguide Payments to Guides via check, Stripe, direct deposit or other payment methods, as described on the Site or via the Application, in the Guide's currency of choice, depending upon the selections the Guide makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" section below.
Please note that Myguide Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by Myguide in currencies other than U.K. Great British Pounds. More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at www.myguide.com/faq. Except as otherwise provided herein, Service Fees are non-refundable.
If, as a Traveler, you cancel your requested booking before the requested booking is confirmed by a Guide, Myguide Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Traveler, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Tour, our ability to refund the Tours Fees and other amounts charged to you will depend upon the terms of the cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Traveler Fee is non-refundable regardless of the cancellation policy selected by the Guide.
If a Guide cancels a confirmed booking made via the Site, Services, and Application, (i) Myguide Payments will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation and (ii) the Traveler will receive an email or other communication from Myguide containing alternative Listings and other related information. If the Traveler requests a booking from one of the alternative Listings and the
Guide associated with such alternative Listing confirms the Traveler's requested booking, then the Traveler agrees to pay Myguide the Total Fees relating to the confirmed booking for the Tours in the alternative Listing, in accordance with these Terms. If a Guide cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from Myguide, please contact Myguide.
If, as a Guide, you cancel a confirmed booking, you agree that Myguide may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Myguide Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Myguide may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. Myguide Payments may also determine, in its sole discretion, to refund to the Traveler part or all of the amounts charged to the Traveler. You agree that Myguide and the relevant Traveler or Guide will not have any liability for such cancellations or refunds.
If, as a Guide, your Traveler cancels a confirmed booking or Myguide decides that it is necessary to cancel a confirmed booking, and Myguide issues a refund to the Traveler in accordance with the Traveler Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Myguide shall be entitled to recover the amount of any such Traveler refund from you, including by subtracting such refund amount out from any future Tours Fees due to you.
Myguide may, in its sole discretion, round up amounts that are payable from or to Travelers or Guides to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other
supported currency); for example, Myguide will round up an amount of $101.40 to $102.00.
Some currencies are denominated in large numbers. In those cases, Myguide may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Myguide to round up an amount of 1,045 up to 1,050, or 35,450 up to 35,500 and 837,500 up to 838,000.
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax regulations may require us to collect appropriate tax information from our Guides, or to withhold taxes from payouts to Guides, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Guides, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US guides with at least one Listing in the US. You as a Guide are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Guide fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Guide and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Guide understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Myguide cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Guide, Myguide may issue a valid VAT invoice to such Guide.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Tours is located may require Taxes to be collected from Travelers or Guides on the amount paid for the right to use and/or occupancy of tours, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Tours Fees set by Guides, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").
Occupancy Tax Collection and Remittance
In certain jurisdictions, Myguide may decide in its sole discretion to facilitate collection and remittance of Taxes from or on behalf of Travelers or Guides, in accordance with your directions in this Agreement ("Collection and Remittance") if such tax jurisdiction asserts Myguide or Guides have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Traveler or Guide, in lieu of the Guide collecting taxes from Travelers and remitting to the Tax Authority, you hereby instruct and authorize Myguide to collect Taxes from Travelers on the Guide's behalf at the time Tours Fees are collected, and to remit such Taxes to the Tax Authority. When Myguide facilitates Collection and Remittance of Taxes in a jurisdiction for the first time, Myguide will provide notice to existing Guides with Listings for Tours in such jurisdictions. When a new listing is created in a jurisdiction where Myguide facilitates Collection and Remittance of Taxes, the Guide will be notified in the listing creation flow.
The amount of Taxes, if any, collected and remitted by Myguide will be visible to and separately stated to both Travelers and Guides on their respective transaction documents. Where Myguide is directly facilitating Collection and Remittance, Travelers and Guides agree that Guides are not permitted to attempt collection, or collect any Taxes relating to their Tours on
Myguide in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold Myguide and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Taxes in any amount or at all as to your transactions or Tours. For any jurisdiction in which we facilitate Collection and Remittance, Guides and Travelers expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their Transactions, Bookings, Tours and Taxes, including, but not limited to, personally identifiable information such as Guide or Traveler's name, listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Travelers or allegedly due, contact information and similar information, to the relevant Tax Authority.
As a Traveler, you are responsible for your behaviour on Tour and the consequences of it on any items or services made available on those Tours. They should remain in the condition they were found in when you arrived. You acknowledge and agree that, as a Traveler, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Tours. In the event that a Guide claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Myguide Account. Myguide also reserves the right to charge the credit card on file in your Myguide Account, or otherwise collect payment from you and pursue any avenues available to Myguide in this regard, in situations in which you have been determined, in Myguide's sole discretion, to have damaged any Tours, including, but not limited to, in relation to any payment requests made by Guides under the Myguide Guide Guarantee, and in relation to any payments made by Myguide to Guides. If we are unable to charge the credit card on
file or otherwise collect payment from you, you agree to remit payment for any damage to the Tours to the applicable Guide or to Myguide (if applicable).
Both Travelers and Guides agree to cooperate with and assist Myguide in good faith, and to provide Myguide with such information and take such actions as may be reasonably requested by Myguide, in connection with any complaints or claims made by Members relating to Tours or any personal or other property located at a Tour (including, without limitation, payment requests made under the Myguide Guide Guarantee) or with respect to any investigation undertaken by Myguide or a representative of Myguide regarding use or abuse of the Site, Application or the Services. If you are a Traveler, upon Myguide's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Guide, at no cost to you, which process will be conducted by Myguide or a third party selected by Myguide or its insurer, with respect to losses for which the Guide is requesting payment from Myguide under the Myguide Guide Guarantee.
Myguide's online platform facilitates bookings between Travelers and Guides who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Myguide platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
"Display Currency" means the currency in which users view Listing prices on the Myguide platform. Travelers may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
"Booking Currency" means the currency in which a Traveler has to pay for his or her booking. At the time the Traveler submits a booking request, the Myguide platform will select the Booking Currency, based on the Traveler's country of origin and the payment methods available for that country. Myguide supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
"Listing Currency" means the currency in which a Listing's price is set. The Listing Currency is set by the Guide.
"Payout Currency" means the currency in which a Guide's payout will be paid to the Guide. The Payout Currency is set by the Guide.
"Base Exchange Rate" means a system-wide rate used by Myguide for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Myguide. Myguide establishes the Base Exchange Rate using data from one or more third parties such as OANDA (http://www.oanda.com).
"Adjusted Exchange Rate" means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Myguide for its holding costs and foreign currency risks.
Myguide Payments will process a foreign currency conversion in the following situations:
•The Display Currency is different from the Listing Currency when a user views a Listing: Myguide will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be
applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
•The Booking Currency is different from the Listing Currency when a Traveler submits a booking request for a Listing: Myguide will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Traveler will be able to view the actual exchange rate applied. The Traveler Fee, which is a percentage of the applicable Tours Fees, will be calculated based on the Tours Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
•The Payout Currency is different from the Listing Currency when Myguide initiates a payout: generally, Myguide will calculate the payout to the Guide, by applying the Base Exchange Rate on the date that Myguide initiates the payout to the Tours Fees (less Myguide's Guide Fees and any Taxes in respect of the Guide Fees, such as VAT in Europe) in the Listing Currency. The Guide will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Guide involves certain third-party payment processors (such as Western Union), (i) Myguide will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Guide will be able to view the payout amount sent by Myguide in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Guide by applying its own foreign currency conversion rate for that major currency to the Payout Currency.
•When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Traveler or any refund to the Traveler will be processed at the same rate as applied to the earlier payment by the Traveler.
When you as a Traveler submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
Myguide updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Myguide does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Myguide.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
•violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
•use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
•use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
•copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
•infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
•interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
•use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
•use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
•"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Myguide Traveler or Guide;
•offer, as a Guide, any Tours that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party;
•register for more than one Myguide Account or register for an Myguide Account on behalf of an individual other than yourself;
•unless Myguide explicitly permits otherwise, request or book a participation at any Tours if you will not actually be participationing at the Tours yourself;
•contact a Guide for any purpose other than asking a question related to a booking, such Guide's Tours or Listings;
•contact a Traveler for any purpose other than asking a question related to a booking or such Traveler's use of the Site, Application and Services;
•recruit or otherwise solicit any Guide or other Member to join third-party services or websites that are competitive to Myguide, without Myguide's prior written approval;
•impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
•use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
•use the Site, Application, Services or Collective Content to find a Guide or Traveler and then complete a booking of an Tours independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Myguide's provision of the Services or for any other reasons;
•as a Guide, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
•post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
•systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
•use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Myguide's name, any Myguide trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Myguide's express written consent;
•access, tamper with, or use non-public areas of the Site, Application or Services, Myguide's computer systems, or the technical delivery systems of Myguide's providers;
•attempt to probe, scan, or test the vulnerability of any Myguide system or network or breach any security or authentication measures;
•avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Myguide or any of Myguide's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
•forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
•attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
•advocate, encourage, or assist any third party in doing any of the foregoing.
•accept or make a payment for Tours Fees outside Myguide Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Myguide harmless from any liability for such payment.
Myguide has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Myguide may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Myguide or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Myguide, its users, or members of the public. You acknowledge that Myguide has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Myguide reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Myguide, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights,
are the exclusive property of Myguide and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. For example, additional terms apply if you refer new users to myguide ("Referral Program"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Myguide Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue Myguide Credits, such Myguide Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services. Myguide Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem Myguide Credits after the MyGuide Credits are reflected in your Myguide Account. The scope, variety, and type of services and products that you may obtain by redeeming Myguide Credits can change at any time.
Myguide Credits expire one (1) year from the date that any Myguide Credits are last accrued in your Myguide Account. Myguide will notify you at the email address you provided during Account registration within thirty (30) days of when the MyGuide Credits in your Myguide Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of MyGuide Credits, please contact us. Myguide may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Myguide's sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Myguide Credits. Where applicable, Myguide may be required to account for VAT on any services for which the MyGuide Credits are redeemed.
Without limiting any other terms of these Terms and subject to applicable law, all MyGuide Credits are forfeited if your Myguide Account is terminated or suspended for any reason, in Myguide's sole discretion, or if Myguide discontinues providing the Site, Application, Services or the Referral Program.
Subject to your compliance with these Terms, Myguide grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Myguide reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with the terms and conditions of these Terms, Myguide grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Myguide Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Myguide or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Myguide a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Myguide does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Myguide the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Myguide's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Myguide is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Myguide of such websites or resources or the content, products, or services available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Myguide used herein are trademarks or registered trademarks of Myguide. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Myguide and you hereby irrevocably assign to Myguide and agree to irrevocably assign to Myguide all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Myguide's request and expense, you will execute documents and take such further acts as Myguide may reasonably request to assist Myguide to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Myguide respects copyright law and expects its users to do the same. It is Myguide's policy to terminate in appropriate circumstances the Myguide
Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and Myguide Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Myguide Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Myguide Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Myguide Account, your Member Content, or receive assistance from Myguide Customer Service, (b) any pending or accepted future bookings as either Guide or Traveler will be immediately terminated, (c) we may communicate to your Travelers or Guides that a potential or confirmed booking has been cancelled, (d) we may refund your Travelers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Travelers to inform them about potential alternate Tours with other Guides that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Myguide Account. You may cancel your Myguide Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your Myguide Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MYGUIDE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND GUIDES,
BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYGUIDE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MYGUIDE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TOURS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MYGUIDE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TOURS, GUIDES, TRAVELERS, YOUR ACCRUAL OF MYGUIDE CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYGUIDE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY GUIDES OR TRAVELERS. YOU UNDERSTAND THAT MYGUIDE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY TOURS. MYGUIDE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE
PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND GUIDES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MYGUIDE. NOTWITHSTANDING MYGUIDE’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE GUIDES FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE GUIDES, MYGUIDE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
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 SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TOURS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MYGUIDE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MYGUIDE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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 THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL
PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY TOURS VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYGUIDE 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 GUIDES PURSUANT TO THESE TERMS, IN NO EVENT WILL GUIDE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY TOURS VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY Tours OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GUIDE, THE AMOUNTS PAID BY Myguide TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR 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 MYGUIDE 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.
You agree to release, defend, indemnify, and hold Myguide 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Tours, or (iii) creation of a Listing; (d) the use, condition or rental of an Tours by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Tours; and (e) your participation in the Referral Program or your accrual of any MyGuide Credits.
You may not use, export, re-export, import, or transfer the Application except as authorized by United Kingdom law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
•You acknowledge and agree that (i) these Terms are concluded between you and Myguide only, and not Apple, and (ii) Myguide, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
•You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
•In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App
Store Sourced Application. As between Myguide and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Myguide.
•You and Myguide acknowledge that, as between Myguide and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
•You and Myguide acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Myguide and Apple, Myguide, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
•You and Myguide acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
•Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
If you participation with or guide anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Myguide by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Myguide and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Tours made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Myguide and you regarding bookings or listings of Tours, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Myguide's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Myguide may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Myguide (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of the United Kingdom, without regard to its conflict-of-law provisions. You and we agree to submit to the jurisdiction of that country for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Myguide agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Myguide are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Myguide otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The failure of Myguide to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and
signed by a duly authorized representative of Myguide. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
Additional Clauses for Users Contracting with Myguide
The final sentence in the Suspension, Termination and Myguide Account Cancellation clause shall be removed and replaced with the following:
"Please note that if your Myguide Account is cancelled, we do not have an obligation to return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback."
The Controlling Law and Jurisdiction clause shall be removed and replaced with the following: "Controlling Law and Jurisdiction These Terms will be interpreted in accordance with Irish law. You and we agree to submit to the non-exclusive jurisdiction of the Irish courts for resolving any dispute between the parties. If Myguide wishes to enforce any of its rights against you, we may elect to do so in the Irish courts or in the courts of the jurisdiction in which you are resident."
The Dispute Resolution clause shall be removed and is not applicable.
The Export Control and Restricted Countries clause shall be amended by the following: "Export Control and Restricted Countries In addition to
complying with the main Export Control and Restricted Countries clause, you must also comply with any relevant export control laws in your local jurisdiction."
The Bookings and Financial Terms for Travelers clause shall be amended by the following: "Bookings and Financial Terms for Travelers In addition to complying with the main Bookings and Financial Terms for Travelers clause, you also acknowledge that if your Myguide account is located in Brazil and you are paying by credit card, you may pay for your booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your booking transaction. You also acknowledge that the Total Fees may be increased in case you choose to pay for your booking using credit card installments."
If you have any questions about these Terms or any App Store Sourced Application, please contact Myguide.