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Terms of Service

Terms of Service

Effective Date: 23 July 2019

Version: 1.0

BY BROWSING, ACCESSING OR USING ANY OF THE TOURIST GURU SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DISAGREE WITH ANY OF THESE TERMS OF USE, PLEASE UNDERSTAND YOU CANNOT USE ANY OF THE TOURIST GURU SERVICES. We reserve the right to amend these terms of use at any time. If you disagree with any of these Terms of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms of Use, as may be amended from time to time.

  1. Your Relationship with Tourist Guru

1.1 These Terms of Use govern your use of the “Tourist Guru (www.TouristGurus.com) any other online or offline services provided by us, as well as to govern your consumer activities in tourist experience through Tourist Guru (collectively referred to as the “Tourist Guru Service”).

1.2 In order to provide you with tourist experience worldwide and effective real-time services, Tourist Guru has established operating entities in Singapore to provide related services. When these Terms of Use refer to “we” or “Tourist Guru”, it may refer to TouristGurus.com Private Limited and its affiliates which will provide related services. However, in respect of dispute management, refunds, cancellations, returns and customer support as they relate to your use of the Tourist Guru Services, the entity identified below will be the contracting party to these Terms of Use and your first point of contact to mediate or resolve any dispute arising from your use of the Tourist Guru Services:

1.3 These Terms of Use will constitute a valid contract between you and Tourist Guru. While using any of the Tourist Guru Services, you consent to be bound by any and all additional terms and conditions, as may be updated from time to time, applicable to such services and Tourist Guru’s “Privacy Policy.” All such terms mentioned are hereby incorporated into these Terms of Use.

1.4 In the event that relevant laws require or Tourist Guru deems necessary, Tourist Guru may amend or update these Terms of Use at any time without prior notice to you. If there is any change in these Terms of Use, we will post the latest version of these Terms of Use on our website (www.TouristGurus.com) and other platforms established by Tourist Guru (including but not limited to mobile applications) (collectively with our website, the “Tourist Guru Platform”), and we will indicate the date on which these Terms of Use were last updated. Your continued use of the Tourist Guru Services after an update to these Terms of Use constitutes your acceptance of the updated version. Please check the latest version of these Terms of Use when you use the Tourist Guru Services at any time.

  1. The Tourist Guru Service

2.1The Tourist Guru Services provides you with an easy and simple way to select and purchase tickets and other travel experience related services supplied by Tourist Guru or our third party suppliers (“Suppliers”) through the Tourist Guru Platform. You acknowledge and agree that the specific service selected and purchased by you is for your personal and non-commercial use only. To the fullest extent permitted by law, you also agree that we may change, suspend, discontinue or terminate any services at any time and may impose regulations or restrictions on, or amend the terms of certain services, or limit your access to any part or all of the services, without prior notice to you.

2.2You may incur fees and expenses which shall be paid to the Suppliers by you through your use of the Tourist Guru Services. In addition, you may be subject to the terms and conditions imposed by the Suppliers. You acknowledge and agree that you are solely responsible for all such fees and expenses, and you agree to pay all such fees and expense and abide by all such terms and conditions imposed by the Suppliers.

2.3We will make effort to maintain the operation of the Tourist Guru Services and the Tourist Guru Platform, but we do not warrant that the Tourist Guru Services and the Tourist Guru Platform will always function properly or stay uninterrupted by external factors. You agree that we reserve the right to reject your visit to the Tourist Guru Platform or your use of the Tourist Guru Services, and you also agree that we reserve the right to change, suspend, discontinue or terminate the Tourist Guru Services or the Tourist Guru Platform.

  1. The Platform Content

3.1The term “Platform Content” used in these Terms of Use refers to all the materials presented or used on the Tourist Guru Platform by us, including but not limited to text, photographs, graphics, images, illustrations, video, audio, data, code and other materials. You acknowledge and agree that all of the Platform Content is the proprietary property of Tourist Guru or the licensors who license Tourist Guru to use such materials, which are protected by the relevant intellectual property laws. Tourist Guru may change, modify or remove any Platform Content without prior notice to you.

3.2Subject to your compliance with these Terms of Use, we hereby agree to grant you a limited, non-exclusive, non-transferable license to use or access the Tourist Guru Platform, and we may revoke this license at any time without prior notice to you. You agree to comply with relevant intellectual property laws and other applicable laws and regulations, and solely use and access the Platform Content for personal, non-commercial, entertaining purpose. You promise that, in no event will you use, reproduce, translate, transmit, broadcast, sell, assign, create derivative works based on or in any other way exploit the Platform Content in a way that harms Tourist Guru or the licensors who license Tourist Guru to use such materials. You also undertake not to massively copy, save or download any Platform Content in any form. In addition, you agree that you will bear all risks arising out of your use or access to any Platform Content. To the fullest extent permitted by law, we are not liable in any way for any Platform Content, including but not limited to any errors or omissions in the Platform Content. You shall be solely liable for any losses or damages suffered by any person as a result of your use or access to the Platform Content.

3.3You acknowledge and agree that, in the course of your use or access to the Platform Content, we may not be able to know which other third-party users you interact with, or predict or control their behavior. Therefore, we cannot guarantee the authenticity and accuracy of any contents, materials or information provided by other third-party users through the Tourist Guru Platform.

  1. Member Registration and Login with Social Media

4.1In order for you to use the Tourist Guru Services, you must sign up for a member account on the Tourist Guru Platform, or via a social media account (e.g., Facebook, Line or Google+), to log in and become our member (“Tourist Guru Member Account”). When registering a Tourist Guru Member Account, we may ask you to provide your e-mail and set a password, and after the registration, we may ask you to fill out membership information. You must confirm that all the information you submit to Tourist Guru’s Platform is true, accurate and complete, and you will update it from time to time to maintain the latest information. If you provide false information, we reserve the right to remove your Tourist Guru Member Account without prior notice to you. You may not use the Tourist Guru Services with any other person’s Tourist Guru Member Account or social media account.

4.2Your Tourist Guru Member Account is personal to you, and you shall not share your account information with, or allow access to your account by, any third party. You will be responsible for all activities generated under your Tourist Guru Member Account, and if you find any security concern with your Tourist Guru Member Account, please notify us immediately. You are responsible for maintaining the confidentiality of your password and if you have any reason to believe that your Tourist Guru Member Account has been compromised or your Tourist Guru Member Account has been accessed by a third party, please notify us immediately. You will be solely responsible for the losses or damages suffered by Tourist Guru and any other persons due to any illegal use of your account.

4.3You agree that we reserve the right to reject your registration as a Tourist Guru member. You also agree that we may, at our sole discretion, remove your Tourist Guru Member Account at any time without prior notice to you.

  1. Information You Provide

5.1You hereby agree and authorize us to use your personal information in accordance with Tourist Guru’s “Privacy Policy.”

5.2In order to collect your opinions and improve the Tourist Guru Services, you agree to accept the invitation of traveler review through SMS, email or the Tourist Guru Platform, and you can decide whether to fill out the traveler review at your own discretion. When we receive your traveler review, we have the right (but not the obligation) to upload your review to the relevant pages of the Tourist Guru Platform and to share and disclose the extent of your satisfaction and opinions. You shall ensure that the traveler review you provide is not misleading and must not contain inappropriate, defamatory, threatening, abusive and other offensive words, nor may you disclose your and other persons’ personal information and information that is in nature not related to tourist experiences, or other content that violates the laws and regulations.

5.3You understand and agree that in the course of your use of the Tourist Guru Services, the traveler review you provide, including but not limited to text, photographs, images and videos, may be used by Tourist Guru, the Supplier or the users of the Tourist Guru Platform, regardless of whether such traveler review meets all the elements of a copyright under relevant intellectual property laws. Therefore, when you provide your traveler review to Tourist Guru, it means that you irrevocably agree: (a) to grant Tourist Guru or the Supplier permission to reproduce, reformat, excerpt, modify, translate, create derivative works or otherwise use it on a non-exclusive, worldwide, royalty-free, perpetual, and sub-licensable condition, including but not limited to the promotion in any media formats and through any media channels; and (b) to non-exclusively grant the users of the Tourist Guru Platform to access, use, reproduce, create derivative works or otherwise use it reasonably for non-commercial purpose through the Tourist Guru Platform. However, your authorization, unless otherwise agreed by you in writing, will not affect your ownership of the information you provide.

5.4You warrant that all the information you provide (including but not limited to text, photographs, graphics and video) will not violate any laws and regulations, and will not infringe any third party’s rights, and Tourist Guru will not infringe any third party’s rights by using such information; you fully understand that you are solely responsible for all the information you provide and Tourist Guru will not be liable for any error or omission of any content.

5.5You expressly agree that we may, at our sole discretion, remove any information you provide from the Tourist Guru Platform.

  1. Your Undertakings

6.1You shall use the Tourist Guru Services and the Tourist Guru Platform fully and only in accordance with these Terms of Use; you shall be solely responsible for all your behaviors while using the Tourist Guru Services and the Tourist Guru Platform.

6.2You shall promise the following:

You agree not to copy, reproduce, distribute, publish, display, perform, transmit or broadcast any part of the Tourist Guru Services without our prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without our prior express written consent: (i) altering, defacing, mutilating or otherwise bypassing any approved software through which the Tourist Guru Services are made available; and (ii) using any trademarks, service marks, design marks, photographs or other content belonging to Tourist Guru or obtained from the Tourist Guru Services.

You agree not to bypass, damage or otherwise interfere with any security or other features of the Tourist Guru Services designed to control the manner in which the Tourist Guru Services are used, harvest or mine the service content from the Tourist Guru Services, or otherwise access or use the Tourist Guru Services in a manner inconsistent with individual usage.

You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Tourist Guru Services, including any service content available on or through the Tourist Guru Services, or attempt to do any of the foregoing, or otherwise attempt to use or access any portion of our service other than as intended by Tourist Guru, except and solely to the extent permitted by these Terms of Use or other regulations.

You agree not to use, display, mirror, frame or utilize framing techniques to disclose the Tourist Guru Services, including any service content available on or through the Tourist Guru Services, or any portion thereof, through any other application or website, unless and solely to the extent we make available the means for embedding any part of the Tourist Guru Services or service content.

You agree not to access, tamper with, or use non-public areas of the Tourist Guru Services, Tourist Guru’s (and our hosting company’s) computer systems and infrastructure, or the technical delivery systems of Tourist Guru’s providers.

You agree not to harass, abuse, harm or advocate or incite harassment of another person or group, including Tourist Guru’s employees and other users.

You agree not to provide any false personal information, create a false identify, or impersonate another person or entity in any way.

You agree not to solicit, or attempt to solicit, personal information from other users.

You agree not to restrict, discourage or inhibit any person from using the Tourist Guru Services, disclose personal information about a third person on the Tourist Guru Services or obtained from the Tourist Guru Services without the consent of such person, or collect information about our users.

You agree not to use the Tourist Guru Services to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in these Terms of Use.

You agree not to engage in any fraud, breach of the information security of the Tourist Guru Platform, crack the passwords of other users, transfer or illegally save the data or engage in any other illegal activities.

  1. Order Confirmation and Refund Policy

7.1You can select and purchase tour itineraries, transportation services, tickets and other travel experience related services provided by Tourist Guru or the Supplier in a specified currency through the Tourist Guru Platform. Except for certain orders which will be confirmed immediately after you place your order, other orders must be confirmed by Tourist Guru or the Supplier afterwards. You agree to receive notification of successful bookings/orders via SMS, email or mobile applications, and you acknowledge and agree that the time it takes to reply the result of your bookings/orders as indicated on the Tourist Guru Platform is for reference only. You also agree that the time it takes to confirm the success of your bookings/orders may be adjusted based on the actual situation.

7.2Tourist Guru reserves the right to change or adjust the prices and fees of tour itineraries, transportation services, tickets and other travel experience related services provided by Tourist Guru or the Supplier at any time. These changes may be announced via SMS, email, the website and mobile applications. If you use the Tourist Guru Services after the notice of such changes, it means you agree and accept the changed prices and fees.

7.3You agree that Tourist Guru may, at our sole discretion, refuse or cancel any booking or order that may violate these Terms of Use.

7.4You agree that you will pay your bookings/orders in accordance with the payment methods we accept; you acknowledge and agree that we are not obligated to process or execute your bookings/orders until you complete the payment in accordance with the payment process instructed by us. Unless otherwise provided in these Terms of Use, the payment for orders/bookings made by you is non-refundable.

7.5In the case that the service you selected and purchased is provided by a Supplier instead of Tourist Guru, such Supplier will accept or reject your booking/order on its own, and be responsible for providing all related services. If you have any questions about the content of the service provided by the Supplier, you may first ask the Supplier to obtain the most direct information; alternatively you can also contact Tourist Guru, and we will try to contact the Supplier to find a solution.

7.6You acknowledge and agree that the specific service provided by any Supplier may result in additional taxes or fees and expenses depending on the actual situation, and you may also be obligated to pay the relevant amount directly to the Supplier or the tax authority. Although we have requested the Supplier to provide the latest and accurate conditions of use, restrictions, prices and other information with respect to the services they provided, Tourist Guru cannot warrant that all content displayed on the Tourist Guru Platform will be accurate at all times. If your order/booking is cancelled by the Supplier, Tourist Guru will notify you as soon as possible in a reasonable manner. (this last sentence doesn’t relate to the rest of 7.6)

7.7If you contact us or the Supplier to cancel your order/booking within the cancellation period indicated on the Tourist Guru Platform at the time of your order/booking, after you have successfully cancelled and received our notice, or if the service you selected and purchased is cancelled according to the conditions and restrictions set by Tourist Guru or the Supplier, the payment you made will be refunded to you in the same way as you paid. You fully acknowledge and agree that the amount refunded may differ from the amount you originally pay due to the foreign exchange rate, or the administration fees or service fees collected by the credit card company or the payment processor.

7.8Use of E-Voucher

7.8.1If you select and purchase tour itineraries, transportation services, tickets and other travel experience related services through the Tourist Guru Platform, after the order/booking is successful, except for providing physical vouchers or under other circumstances, you will receive a SMS, email or mobile application notification confirming your order/booking, which will include the number of your order/booking and an electronic voucher (“E-Voucher”) in accordance with the service you have purchased. In order to use your E-Voucher, you must print out your E-Voucher or present the E-Voucher on your mobile application.

7.8.2You acknowledge and agree that you must comply with the additional conditions and restrictions of E-Vouchers set by Tourist Guru and the Supplier, including but not limited to: you must show up in person and on time at the meeting point designated by Tourist Guru or the Supplier within the period of use specified on the E-Voucher, and present documents or materials requested by Tourist Guru or the Supplier (e.g., an identification document with your photo, the number of your order/booking, your E-Voucher). If you are unable to meet the conditions and restrictions set by Tourist Guru or the Supplier, you may not be able to redeem the content of the service recognized by the E-Voucher and no refund will be granted.

7.8.3You acknowledge and agree that if your E-Voucher or the number of your order/booking is lost or stolen, Tourist Guru or the Supplier has no obligation to reissue the E-Voucher or provide you with the content of the service recognized by the E-Voucher. In addition, if you attempt to redeem an E-Voucher illegally, for example, if you do not meet the legal age for the use of an E-Voucher recognizing a certain content of service, Tourist Guru or the Supplier may refuse to accept your redemption of the E-Voucher and no refund will be granted.

  1. Limitation of Liability

8.1You understand that the Platform Content may be provided by the Supplier and agree that we do not provide any representation or warranty regarding the accuracy of the Platform Content. You agree that you will not ask Tourist Guru to be responsible for any Platform Content provided by the Supplier in the future.

8.2You agree that any contact or content transmitted with the Tourist Guru Platform is not confidential, and that your communications may be read or intercepted by others. You acknowledge and confirm that there is no confidential, trust or other cooperative legal relationship created between you and Tourist Guru.

8.3To the fullest extent permitted by law, you agree that Tourist Guru and our directors, senior managers, officers, employees and agents of such personnel are not responsible for any of your direct, indirect, special, incidental, punitive, exemplary or derivative damages arising out of their non-compliance of these Terms of Use and their use of the Tourist Guru Platform or other acts of negligence.

8.4To the fullest extent permitted by law, you agree that if you are not satisfied with the Tourist Guru Services, your sole remedy is to stop using the Tourist Guru Services. In any event, if we have any liability to you, the maximum amount of compensation is the total amount you paid to us within the 12 months prior to your initial claim.

  1. Indemnification

9.1You shall indemnify and hold harmless Tourist Guru and our directors, senior managers, officers, employees and agents of such personnel from all losses or damages arising out of any third party’s claim for non-compliance of these Terms of Use or the infringement of any intellectual property or any right of others due to your access to the Tourist Guru Platform or your use of the Tourist Guru Services, or those who use your Tourist Guru Member Account. If any of Tourist Guru and our directors, senior managers, officers, employees and agents of such personnel suffers any losses or damages, you shall indemnify them, including but not limited to litigation fees, attorney fees, settlement fees and other losses.

9.2With respect to a claim filed by a third party mentioned above, Tourist Guru may ask you to defend against any claim or take legal action, and to conduct any settlement negotiations. However, without our prior written consent, you may not take any legal action which may be adverse to our rights.

  1. Third-Party Websites and Transactions

10.1The Tourist Guru Platform may include links to third-party websites or applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, products, or other materials on other websites or applications. You shall evaluate on your own and assume all risks.

10.2If you connect to a third-party website or application through the Tourist Guru Platform and have any transaction with such third party, you shall conduct an investigation that you deem necessary or appropriate. Such transaction is between you and such third party, and has nothing to do with Tourist Guru. You acknowledge and agree that we are not responsible for any costs, losses or damages arising out of your transaction with such third party.

  1. Termination

11.1These Terms of Use will apply to you and Tourist Guru until Tourist Guru terminates these Terms of Use. In the event that you violate any provision of these Terms of Use or Tourist Guru deems necessary at our sole discretion, we may terminate or suspend your use of the Tourist Guru Services, and your access to the Tourist Guru Platform or your Tourist Guru Member Account, without any prior notice to you.

11.2If these Terms of Use shall terminate in accordance with Section 11.1, you agree that, to the fullest extent permitted by law, we bear no obligation and liability to you, and may cancel any confirmed order prior to the termination without any refund payment to you.

11.3You acknowledge and agree that any provision of these Terms of Use shall, by its nature, survive termination, including but not limited to the Limitation of Liability.

  1. Visa and Insurance

12.1Regardless of your nationality and destination, you shall check the now effective entry regulations of your destination on your own. Since the visa and health requirements in different countries may be subject to changes without any notice, we recommend that you double-check the relevant current regulations prior to your departure.

12.2For your own rights and benefits, we recommend that you purchase a comprehensive travel insurance policy prior to your departure.

  1. Dispute Resolution

These Terms of Use and your relationship with Tourist Guru are governed by the laws of business office of the Tourist Guru contracting party identified in Section 1.2. You agree that any controversy and dispute arising out of your use of the Tourist Guru Services shall be submitted to the trial court of the business office of the Tourist Guru contracting party identified in Section 1.2 for the first instance.

 

  1. Miscellaneous

14.1If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall remain in full force and effect.

14.2We may assign these Terms of Use or any right and obligation hereunder, and may delegate any obligation hereunder, to any third party. Without our prior written consent, you may not directly or indirectly assign these Terms of Use or any right and obligation hereunder to any third party.

14.3These Terms of Use are written in English. Any translation of these Terms of Use is solely for reference. If there is any discrepancy between any two language versions, the English version shall always prevail.

  1. Contact Us

If you have any questions about our services or these Terms of Use, please contact the Tourist Guru Customer Service Center (Email: info@TouristGurus.com) directly and we will answer your request as soon as possible.