Effective as of July 26, 2016
Tourzan provides a marketplace where tourists and visitors who seek tour guide services and excursions can be matched with local tour guides.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF TOURZAN
You need to be at least 13 years old and a resident of the United States to register for and use Tourzan. If you want to purchase a tour, you must be at least 18 years of age.
You may create a personalized account which includes a unique username and a password to access Tourzan and to save tours, provide reviews, and receive messages from Saber. You are responsible for providing accurate account information. Saber is not responsible for any claims relating to any inaccurate information provided by you.
You agree to notify us immediately of any unauthorized use of your password and/or account. Saber will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
You may seek the services of a Guide through your use of Tourzan. Once a tour has been purchased, there is a binding contract between you and the Guide. Tourzan Guides are independent contractors and are not employees or agents of Saber. You understand, acknowledge, and agree that Saber does not control any aspect of a Tour, including its quality, content, or legality.
Saber monitors the Tour offerings provided by Guides on the Tourzan platform, and will remove or suspend tours or Guides which are in violation of the Tourzan legal policies or which are of poor quality or character, at Saber’s sole discretion. To provide the best experience for you, we ask all users to report questionable tour and Guide content and behavior to us at [email protected].
REFUNDS AND CANCELLATIONS
Tours may only be refunded for good cause, and in Saber’s sole discretion. “Good cause” may include conditions such as: Guide fails to provide the tour on the terms provided (e.g. does not show up), the quality of the tour is poor, or the Guide behaves in an inappropriate manner. All requests for refunds must be submitted to [email protected] within thirty (30) days of the completion of the tour. Saber reserves the right to contact other tour participants and the Guide in making its refund determination.
Tourzan is not responsible for incidental expenses of any tour, including, without limitation, transportation expenses, health and medical expenses, personal travel document expenses, licenses and permit expenses, equipment expenses, and anything else not expressly included in a tour.
You are reminded that it is your responsibility to obtain the necessary travel documents for participation in any tour, including (if applicable) a valid passport and visa. If you are unable to participate on a tour because your travel documents are invalid or unavailable, Saber reserves the right to retain the fees collected from you in connection with the tour.
CONDUCT ON TOUR
It is your responsibility to familiarize yourself with the laws of the jurisdiction in which your tour takes place. If you disregard or are in violation of these laws, you will be removed from the tour and may be subject to prosecution by local or federal authorities. In such an event, you will be responsible for any and all costs incurred in connection with your unlawful activities. You will not be entitled to a refund of the tour. Tourzan reserves the right to recover from you any costs incurred as a result of your unlawful activities.
Your permission to use Tourzan is conditioned upon the following restrictions: You agree that you will not under any circumstances:
post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use Tourzan for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of Tourzan;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to Tourzan or use any software, technology, or device to scrape, spider, or crawl Tourzan or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via Tourzan. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Saber, however, reserves the right to remove any User Content from Tourzan at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using Tourzan, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of Tourzan is solely your responsibility. Saber is not responsible for any public display or misuse of your User Content. Saber does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with Tourzan.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through Tourzan, but not directly by Saber, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Saber does not guarantee the accuracy, completeness, or usefulness of any information on Tourzan and neither does Saber adopt nor endorse, nor is Saber responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Saber. Saber takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over Tourzan. Under no circumstances will Saber be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on Tourzan, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of Tourzan, Saber may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Tourzan subscribers. Saber has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or Tourzans available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Saber, and Saber is not responsible for any Third Party Sites accessed through Tourzan or any Third Party applications, Software or Content posted on, available through or installed from Tourzan, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Saber. If you decide to leave Tourzan and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Tourzan or relating to any Applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. Saber respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Saber has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of Tourzan who are repeat infringers. Saber may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on Tourzan infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Saber’s designated copyright agent at [Insert Address]:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit Tourzan provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from Tourzan is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the State of Washington and a statement that you will accept Tourzan of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Saber copyright agent, Saber may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in Saber’s discretion) be reinstated on Tourzan in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via Tourzan, you expressly grant, and you represent and warrant that you have a right to grant, to Saber a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Tourzan.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to Tourzan, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on Tourzan may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through Tourzan’s e-mail and messaging system, will not constitute legal notice to Saber or any of its officers, employees, agents or representatives in any situation where notice to Saber is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about Saber and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected] or mail to the following postal address:
Opting out may prevent you from receiving messages regarding Saber or special offers.
ACCEPTANCE OF RISK
You acknowledge that all travel involves an element of risk and that some tours offered on Tourzan may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and you, your estate, your family, heirs and assigns hereby release Tourzan from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to you that may occur as a result of your participation in the tours offered on Tourzan.
HEALTH AND TRAVEL INSURANCE
You are strongly encouraged to obtain suitable medical, health, and/or travel insurance prior to booking a tour. Saber is not responsible to you or any other tour participant for any costs incurred on a tour related to medical treatment or medical evacuation or transport. Saber is also not responsible to you or any tour participant for any costs related to damaged, lost, or stolen baggage, money, or goods.
TOURZAN IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SABER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING TOURZAN INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SABER MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF TOURZAN WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM TOURZAN. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES AND RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SABER, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE TOURZAN; (C) TOURZAN GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE TOURZAN AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH SABER OR ANY OTHER USER OF TOURZAN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SABER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with another user, tour participant, or Guide, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
TERM OF AGREEMENT
This Agreement will become effective immediately upon your use of Tourzan and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Tourzan may terminate this Agreement immediately for any breach by you of this Agreement or any applicable policy of Tourzan as posted on Tourzan from time to time. In the event of termination or expiration, the following sections shall survive: License Grant, Intellectual Property, Acceptance of Risk, Warranty Disclaimer, Limitation of Damages and Release, Term of Agreement; and General Terms.
Should you violate the terms of this Agreement, Saber reserves the right, without prejudice to any other rights or remedies available to Tourzan, to terminate your use of Tourzan immediately at its sole discretion.
If any part of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect. Any failure on the part of Saber to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with Saber must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
Tourzan Terms and Conditions for Tour Guides
The terms of this Agreement apply to all Guides providing tour guide services on the Saber Applications, Inc. (“Saber”, “us,” “we”) Tourzan Platform. Your use of the Tourzan Platform (regardless of whether your access or use is intended) is subject to the terms of this Agreement. Please read this Agreement carefully before you start to use the Tourzan Platform. When you register you will be asked to confirm that you have read and you agree to this Agreement. By using the Tourzan Platform, whether or not you use any of the services, you indicate that you accept this Agreement and agree to abide by it. If you do not accept the terms of this Agreement, please refrain from using the Tourzan Platform.
We may modify this Agreement from time to time and such modification will be effective as soon as we have posted it on the Tourzan Platform. You agree to be bound to any changes to this Agreement upon your use of the Tourzan Platform after any such modification is posted. Some of these provisions may also be superseded by provisions or notices published elsewhere on the Tourzan Platform. It is your responsibility to review the Agreement regularly to ensure that you are aware of the latest terms and conditions.
Definitions and interpretation. In this Agreement the following terms and conditions have the following meanings:
App. The Tourzan mobile application.
Consumer. A person who browses or utilizes the Tourzan Platform.
Consumer Comments. Any comments made or opinions given by a Consumer in relation to a Guide or Tour.
Consumer Information. The information provided by the Consumer in the Tour Request including contact details, number of Participants, ages of Participant(s), any relevant health and dietary issues of Participant(s) and any additional information required by a Guide.
Content. The text, files, images, photographs, video, graphic materials, sounds, musical works, works of authorship or any other materials.
Guide. A person who has registered on the Tourzan Platform to provide tour guide services.
Guide Content. Content describing the Guide, their Tours, the Tour Information, services or terms, or those of its staff and content submitted and uploaded by Guides (including articles and blogs) which is available on the Tourzan Platform.
Participant. A Consumer who takes part in a Tour.
Prohibited Content. Content uploaded by a User that does not comply with this Agreement or is defamatory, offensive, discriminatory, infringes any intellectual property rights of any other person, or is in any way illegal.
Suggested Tour Price. The price set by a Guide for a particular Tour.
Total Tour Price. The Total Tour Price for each Tour shall include the Tour Price and the Tourzan Fee. (For example, if a Guide sets a Tour Price at $100.00, the Tourzan Fee will be $113.00, for a Total Tour Price of $113.00.)
Tour. A tour provided by a Guide booked and arranged through the Tourzan Platform.
Tour Information. The information to be provided by the Guide relating to the Tour including at the minimum the following information: (1) pick-up location (2) the Tour Price; (3) the Tour capacity; and (4) an itinerary or brief description of the Tour.
Tourzan Fee. A fee equal to thirteen percent (13%) of the Suggested Tour Price.
Tourzan Platform. The Tourzan Website, App, services, and technology platform that provides a marketplace where tourists and visitors who seek tour guide services and excursions can be matched with local tour guides.
User, you or your. Either a Consumer or a Guide who accesses and uses the Tourzan Platform as the case may be.
The Tourzan Platform.
We provide the Tourzan Platform through the Website and the App. The Tourzan Platform is provided to assist Guides to procure customers for Tours. All tours by Guides are crafted and performed by Guides. The Tourzan Platform does not create Tours, lead or organize Tours, or provide equipment, facilities, or transportation for Tours.
In order to facilitate the Tourzan Platform, and subject to this Agreement, we will use our best efforts to make your Guide Content available on the Tourzan Platform and provide Users with a search facility under which they can identify a suitable Guide or Tour using the information included in the Guide Content of all Guides who use the Tourzan Platform.
You must ensure that the information included in your Guide Content is accurate, up to date and not misleading and you hereby indemnify us in full for any breach of this obligation.
Once a Consumer has booked a Tour via Tourzan, you will receive a notice from Tourzan confirming the sale of the Tour and the contact information for the Consumer.
After you have received confirmation of the sale of the Tour and the corresponding Consumer contact information, it is your responsibility to contact the Consumer and all Participants to coordinate and finalize the Tour details.
Your services and use of information.
You must provide Consumers with a high standard of care consistent with standard industry practice and utmost professionalism including, without limitation, responding promptly to any Consumer question and treating them courteously and with respect.
You undertake to us that your tour services will be provided with all reasonable skill and care.
Any personally identifiable information gathered about a Consumer or Participant obtained from the Tourzan Platform must be used only to contact the Consumer in question and for no other purpose whatsoever. You must not send unsolicited bulk email, instant messages or other unsolicited communications of any kind utilizing information obtained through the Tourzan Platform without the prior explicit consent of the Consumer concerned.
You must not retain any Consumer Information on your files for longer than 7 days after the end of the Tour. Any such information must be promptly deleted.
As part of the Tourzan Platform, Consumers who have participated in tours may submit reviews and comments about their experiences.
We are not responsible, or liable to you, or any other party, for the content or accuracy of any Consumer Comments posted by any User. We do not review, moderate or control the Consumer Comments posted to the Website.
While we will seek to remove any Prohibited Content or any Content that we consider, in our absolute discretion, may be Prohibited Content as soon as we are made aware of it, or any Consumer Comments which may be inaccurate, offensive, indecent or objectionable, we do not assume any responsibility for monitoring Consumer Comments for Prohibited Content. Please contact us at [email protected] if you wish to discuss the removal of Consumer Comments.
Any Guide Content you upload to the Tourzan Platform is non-confidential and you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, copy, distribute and disclose Guide Content to third parties for any purpose.
You must ensure that your Guide Content is not inaccurate, misleading and does not contain Prohibited Content and you will indemnify us for any breach of this obligation.
We do not review or control the Guide Content posted to the Tourzan Platform but we do reserve the right to edit, remove or decline any Content, including Guide Content, whether or not it contains Prohibited Material, at our sole discretion and without notice to you.
We reserve the right to investigate and take appropriate action against anyone who, in our sole opinion, is in breach of this Agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies, removing any Content and suspending or terminating your registration and access to the Tourzan Platform.
Please contact us via email via email at [email protected] if you wish to discuss the removal of any Guide Content.
Privacy and personal data.
You acknowledge that when you provide a Tour you will receive the Consumer's personal information and you warrant that you will process such information only in accordance with applicable data protection laws.
Our fees and refunds.
We do not charge you a fee for you to upload Guide Content to the Tourzan Platform.
Once a Consumer has purchased a Tour, the funds from the purchase will remain in escrow for thirty (30) from the completion of the Tour, following which they will be distributed via EFT to you and Saber, subject to our refund policy below.
The Guide will receive eighty-seven percent (87%) of the Suggested Tour Price for Guide’s services (“Guide’s Payment”). Saber will receive the Total Tour Price less the Guide’s Payment.
If a Consumer requests a refund for a purchased Tour, Saber will investigate the refund request, including by making further inquiries of the Consumer, the Participants, and the Guide, and will determine in Saber’s sole discretion whether a refund will be issued.
Valid grounds for issuance of refunds may include failure to provide the Tour as scheduled, poor quality of the Tour, and in appropriate behavior by the Guide.
All refund requests must be made within thirty (30) days of the completion of the Tour.
Guides are responsible for payment of their own taxes in connection with funds received from the Tourzan Platform.
You are responsible for ensuring that the Tour Price advertised for your services or the Tour on the Tourzan Platform is accurate and up to date. You cannot vary the Tour Price within 48 hours before the stated Tour start time, or once the Tour has been purchased.
Warranties given by the Guide.
You are a qualified tour guide and, if applicable, that you have registered with the governing tourist guide body in the relevant region or area in which you operate;
you have obtained all relevant licenses (including all professional and recreational licenses) and permits required to provide the services offered under your Tours;
all the registration information submitted by you is correct, true complete and accurate and will be kept up to date;
you own, or have the necessary consents and permissions to use the Guide Content (including any personal data) used in your profile in the manner contemplated by the Tourzan Platform and the Agreement;
you are solely responsible for any material or information that you transmit to Consumers and for your dealings with Consumers;
you will not allow any other person to use your account;
you are not involved in any criminal activity or wanted in connection with any such activity whether now or in the past;
you have and will maintain current and accurate payment information for payment of purchased Tours; and
you have and will maintain insurance for the proposed Tour services offered by you as required by law.
Background Checks. Though at this time Saber does not require background checks of its Guides, we reserve the right to request these checks in the future. If you refuse, or if you fail a background check, you may not provide Tours via the Tourzan Platform.
Guide is an Independent Contractor.
The Guide is an independent contractor. Nothing contained in this Agreement creates a partnership, joint venture, employer/employee, principal-and-agent, or any similar relationship between the parties.
The Guide has no authority to, and shall not, act as agent for or on behalf of Saber or represent or bind it in any manner.
The Guide will not be entitled to any of the benefits afforded to Saber employees.
In the event the Guide is an entity, Guide acknowledges and agrees that Saber is in no way responsible for, or owes any obligations to, Guide’s employees, contractors, agents, or affiliates. This Agreement is solely between the Guide and Saber.
Release. If you have a dispute with a Consumer, you release us (and our directors, officers, employees, agents and sub-contractors) from all liabilities, costs, expenses, damages or loss (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection in any way with such dispute. Any such dispute is a matter between you and the Consumer in question.
The Tourzan Platform.
Access to the Tourzan Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide without notice. If the need arises, we may restrict or suspend access to the Tourzan Platform, or close it indefinitely.
You are responsible for making all arrangements necessary for you to have access to the Tourzan Platform. You are also responsible for ensuring that all persons who access the Tourzan Platform through your account are aware of these terms, and that they comply with them.
We do not guarantee uninterrupted availability of the Tourzan Platform, but we will make reasonable efforts to minimize any periods during which the Tourzan Platform is not available.
In order to upload Guide Content to the Tourzan Platform you must first register on the Tourzan Platform as a Guide.
You are solely responsible for your profile and any activity on it, and must keep your profile password secure. As soon as you become aware of any unauthorized use of your profile or password, you must notify us promptly.
We are not liable for any losses caused by any unauthorized use of your profile.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement.
This Agreement remains in full force and effect while you are using the Services or have any Guide Content uploaded to the Tourzan Platform. You may terminate your registration at any time by giving us written notice.
We may suspend or terminate your registration at any time, without warning in any circumstances whatsoever, including:
if you provide false or misleading information, or post Prohibited Content; and/or
if we receive complaint(s) from Consumer regarding you or your Tours; and/or
we see evidence of repeated misuse of our services; and/or
you breach any term of this Agreement.
Viruses, hacking and other offences. You must not:
misuse the Tourzan Platform by knowingly introducing viruses, trojans, worms, or other material which is malicious or technologically harmful;
attempt to gain unauthorized access to the Tourzan Platform, the server on which the Tourzan Platform is stored or any server, computer, device, or database connected to the Tourzan Platform;
attack the Tourzan Platform via a denial of service attack or a distributed denial of service attack;
stalk or harass any other User of the Tourzan Platform or services or collect or store any personally identifiable information about any other User other than for the purposes of providing a Tour;
impersonate any person or entity, or falsely or otherwise misrepresent yourself or your affiliation with any person or entity; and/or
bring the Tourzan Platform into disrepute.
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This does not prevent you from linking to any websites which advertise any other tours provided solely by you and at all times in accordance with this Agreement.
You must not establish a link from any website that is not owned by you.
From time to time, the Tourzan Platform may also include links to other websites. These links are provided for your convenience and/or to provide further information. They do not signify that we endorse these websites. We have no responsibility for the content of the linked websites, nor for any loss or damage that may arise from your use of them.
Limitation of liability.
The material displayed on the Tourzan Platform and services are provided as seen without any representation or endorsement being made.
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are excluded.
To the extent permitted by law, we hereby expressly exclude any liability for, or resulting from:
interruption or cessation or inability to use the Tourzan Platform,
any websites linked to the Tourzan Platform;
any advice provided by any Guides and any Content;
any Consumer Comments posted on the Tourzan Platform;
loss of income or revenue or contracts;
loss of business;
loss of profits (whether considered to be a direct or indirect loss);
loss of anticipated savings
loss of data;
corruption of data;
loss of goodwill;
wasted management or office time;
unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
viruses, trojans, worms, or other material which is malicious or technologically harmful which may be transmitted to or through the Tourzan Platform by any third party;
errors or omissions in any Content; and/or
for any loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this Agreement excludes or limits our liability for death or personal injury directly caused by our negligence or for fraudulent misrepresentation.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising as a result of our breach of this Agreement or our negligence will be limited to the Tourzan Fee paid to us in the three months immediately preceding such breach.
You agree to indemnify and hold us, our operators, owners, affiliates, subsidiaries and/or licensors harmless to the fullest extent permitted by law from and against any and all claims, damages, obligations, losses, liabilities and costs (including reasonable legal expenses) arising from:
your use and access of the Tourzan Platform and the services;
your breach of this Agreement;
your breach of any third party right;
any unauthorized use of your profile;
any claim that any of your Guide Content caused damage to any third party;
and any personal injury or damage suffered by a Consumer or Participant on or in connection with a Tour.
The format and content of the Tourzan Platform is protected by copyright laws and treaties all around the world and we reserve all rights in relation to its copyright and any other registered or unregistered intellectual property rights whether owned or licensed to Saber which appear on the Tourzan Platform.
Where any User-generated content is posted and/or uploaded to the Tourzan Platform, the User expressly assigns all copyright and other intellectual property rights to Saber (and Users waive all moral rights to such content).
Guide Content and any other Content provided by a Guide will be considered non confidential and you grant Saber a nonexclusive, worldwide, perpetual, irrevocable, royalty-free license to display, use, copy, distribute and disclose to third parties any such material for any purpose.
We reserve the right to assign our benefits or subcontract all or any of our obligations under this Agreement.
Neither party is liable to the other for failure to perform any obligation under this Agreement to the extent that the failure is caused by any factor beyond the reasonable control of the parties.
If you wish to contact us in writing, or if any clause in this Agreement requires you to give us notice in writing, you can send this to us by email at [email protected]. We will confirm receipt of this by contacting you in writing, normally by email.
This Agreement constitutes the entire Agreement and supersedes all other agreements or arrangements, whether written or oral, express or implied, between us. Each of the parties agrees that in entering into this Agreement it does not rely on and will have no remedy in respect of any statement, representation, warranty or understanding of any person, whether party to this Agreement or not, other than as expressly repeated in this Agreement.
Neither party will be affected by any delay or failure in exercising or any partial exercising of its rights under this Agreement unless it has signed an express written waiver or release.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair (i) the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement or (ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
We make no representations that the Tourzan Platform is appropriate or available for use outside of the United States. If you access the Tourzan Platform from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.
This Agreement is to be governed by and construed in accordance with the laws of the United States. The courts of Washington State in King County will have exclusive jurisdiction to settle any dispute or claim in connection with this Agreement.