Welcome to Guiderr! We thank you for using our services.
GuiderrTM is a global marketplace, matching travelers and tour guides based on shared culture, passion, and language, and managing the entire experience for both.
The website located at www.guiderr.com (the “Site”) is a copyrighted work belonging to GuiderrTM (“Guiderr”, “us”, “our”, and “we”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines and rules are incorporated by reference to the Terms.
GUIDERR’S RESPONSIBILITIES ARE LIMITED TO THE PROVIDING OF THE SERVICES, INCLUDING THE ENABLING OF THE TRANSFER OF PAYMENTS BETWEEN TRAVELLERS AND GUIDES. GUIDERR IS NOT A TRAVEL AGENCY AND DOES NOT OPERATE AS ONE. GUIDERR DOES NOT MANAGE, CONTROL AND/OR INSPECT ANY OF THE GUIDES, AND/OR THEIR SERVICES, NOR DO WE MONITOR, REVIEW OR FILTER THE USERS. GUIDERR DOES NOT DIRECTLY OPERATE, SELL, RESELL, PROVIDE OR MANAGE ANY ACCOMMODATION, TRANSPORT AND/OR OTHER RELATED ACTIVITIES. FURTHERMORE, GUIDERR IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN TRAVELERS AND GUIDES, NOR IS GUIDERR AN AGENT, INSURER OR REPRESENTATIVE OF EITHER SIDE. CONSEQUENTLY, THE USE OF SERVICES PROVIDED BY THE GUIDES ARE AT THE SOLE RESPONSIBILITY OF THE TRAVELERS, AND THE PROVIDING OF SERVICES BY THE GUIDES TO THE USERS ARE AT THE SOLE RESPONSIBILITY OF THE GUIDES
1. SERVICES DESCRIPTION.
The service is an online Website that connects the users of the service (“Travelers”) with local tour guides (“Guides”) who have the required knowledge and experience to provide the Traveler with personalized experiences based on shared characteristics such as culture, passions, mutual languages etc. The service allows Travelers to find, correspond and use the services of Guides. Additionally, Travelers can manage their itineraries and find valuable information about destinations, attractions and other activities. The service also enables Guides to manage their suggested itineraries, their profiles and their interactions with the Travelers. Through the services, Guides may create personal profiles (“Profiles”) that provide information about their knowledge and experience, and expose them to potential Travelers (All the above shall be hereinafter defined as the "Service/s"). Travelers and Guides are hereinafter referred to collectively as "Users".
We collect the following information so that we can provide you with our service:
2.1 Account Creation. In order to use certain features of the Site, you may need to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Guiderr may suspend or terminate your Account in accordance with these Terms.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account (e.g. not share your password with anyone). You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Guiderr cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. ACCESS TO THE SITE
3.1 License. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use (subject to the permitted, limited, commercial use of the Guides, subject to these Terms).
3.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site (subject to these Terms), whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained and published on all copies made and/or displayed.
3.3 Modification. Guiderr reserves the right, at any time, to modify, suspend, or discontinue the Site and/or the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site and/or the Services, or any part of them.
3.4 No Support or Maintenance. Although we will try our best, there is always a possibility that some information you provide could get lost due to data corruption, hardware failure, network issues, problems with hosting, actions by 3rd parties or other technical reasons. Similarly, it is possible that some of the Services could become unavailable or slow at times. You agree not to hold Guiderr liable or responsible for any interruption of Service or loss of data, and you acknowledge that we made you no guarantees about Service availability or data durability.
3.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Guiderr. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. Guiderr reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms.
4. USER CONTENT
4.1 User Content. “User Content” means any and all information and content that a User submits to, or uses with, the Site (e.g., content in the user’s Profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your/the User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy and/or the rest of these Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Guiderr. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy and/or the rest of these Terms. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.
4.2 License to Guiderr. You hereby grant (and you represent and warrant that you have the right to grant) to Guiderr an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Acceptable Use Policy.
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without the User's consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
4.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, blocking your from opening additional accounts and/or using/accessing the Site, and/or reporting you to law enforcement authorities.
4.5 Feedback. If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to us all rights in such Feedback and grant us the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
6.1 Third-Party Links & Ads. The Site may contain links to third-party websites and/or services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Guiderr, and we are not responsible for them. Guiderr provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
6.2 Other Users and No Endorsement. Each User is solely responsible for any and all of its own User Content. Guiderr does not endorse any Guides, Users, or offers and/or services listed or advertised on the Site. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site Users are solely between you and such Users and it is your own responsibility to check the accuracy and truthfulness of that User's information. You agree that Guiderr will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site User, we are under no obligation to become involved, but reserve the right to should we chose.
6.3 Release. You hereby release and forever discharge Guiderr (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of other Site users or any Third-Party Links & Ads).
6. SOCIAL SHARING FEATURES
Our services may integrate with third party social applications and/or services (the "Social Apps") and other related tools which let you share information and actions that you take on our Site by use of the Social Apps, and vice versa (for example, an action you take on our Site may be published on Facebook if your account has been set-up this way). Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the Social Apps and our Site. Please check the privacy policies of those Social Apps for more information about how they handle the data you share through them.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND GUIDERR (INCLUDING ANY MANAGEMENT MEMBERS, BOARD MEMBERS, EMPLOYEES, SUPPLIERS ETC.) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. GUIDER DOES NOT GUURANTEE THE QUALITY, SUITABILITY, RELIABILITY, CONDUCT, SAFETY OR ABILITY OF GUIDES AND/OR USERS, AND/OR THE INTERACTIONS WITH THEM. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF USE OF THE SERVICES, AND ANY SERVICE REQUESTED FROM A GUIDE TRHOUG USE OF THE SITE, ARE AND REMAIN SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITED UNDER APPLICABLE LAW. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSION/LIMITATION MAY NOT APPLY TO YOU.
8. LIMITATION ON LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUIDERR (INCLUDING ANY MANAGEMENT MEMBERS, OFFICERS, EMPLOYEES, AGENTS, ETC) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS, YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES, EVEN IF GUIDERR (INCLUDING ANY MANAGEMENT MEMBERS, OFFICERS, EMPLOYEES, AGENTS, ETC) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND/OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. TERM AND TERMINATION.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account – also known as a "Profile") at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our databases. Guiderr will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, these Terms will remain in effect.
10. COPYRIGHT POLICY.
We respect the intellectual property of others and ask that Users of the Website do the same. We have adopted a policy respecting copyright law that provides for the removal of any infringing materials.
If you believe that one of our users is, through the use of our Platform, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please send us the following information by email to: email@example.com
Identification of the copyrighted work(s) that you claim to have been infringed;
1. identification of the material on our services that you claim is infringing and that you request us to remove and sufficient information to permit us to locate such material;
2. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
3. a signed statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
4. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects you to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
11.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site. Any changes to these Terms will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you (if applicable) or ten (10) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
11.2 Governing Law and Jurisdiction. These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms, the Services shall be brought exclusively in the court located in Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. Any cause of action against us must be brought within one (1) year of the date such cause of action arose. Notwithstanding the foregoing, Guiderr may lodge a claim against you pursuant to the indemnity clause in these Terms, in any court adjudicating a third party claim against Guiderr. Any cause of action against the Site or us must be brought within one (1) year of the date such cause of action arose.
11.3 Electronic Communications. The communications between you and Guiderr may be through electronic means, whether you use the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in hardcopy writing. The foregoing does not affect your non-waivable rights.
11.4 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Guiderr is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Guiderr may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
11.5 Copyright/Trademark Information. Copyright © 2016 Guiderr. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties who have permitted us to use them. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
11.6 Contact Information: firstname.lastname@example.org
LAST REVISED: MARCH, 2016