Private Tour Guides Terms and Conditions of Use
TOURPLUS TECHNOLOGY SDN BHD (TRADING UNDER THE NAME "TOURPLUS PRIVATE TOUR GUIDES"), PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE "TERMS"). "MEMBERS" REFER TO GENERAL REGISTERED USERS CALLED "MEMBERS", "PASSIONATE LOCALS" , "LOCAL PRIVATE TOUR GUIDES" , "TOURIST GUIDES" AND "TOUR GUIDES" (ALL OF WHICH HAVE THE SAME MEANING THROUGH THIS SITE). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT USE THIS WEB SITE.
(Effective on 1 January 2015, last edited 30 March 2016)
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Tourplus Private Tour Guides or its affiliates for products, services or otherwise. Tourplus Private Tour Guides reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site.
You must be eighteen (18) or over to register as a Member and/or use the Website and/or the Service. Membership in the Service is void where prohibited. By using the Website and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership may be terminated without warning and you may be barred from any future use of the Website and/or the Service if you provide any information that is untrue, inaccurate, not current, or incomplete, including but not limited to misrepresenting your age, or if Tourplus Private Tour Guides has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Your Membership is solely for your personal use, and you agree not to authorize others to use your Membership account, including but not limited to your profile. You are solely responsible for all content published or displayed through your Membership account, including but not limited to e-mail messages, and for your interactions with other Members. Tourplus Private Tour Guides reserves the right to refuse or revoke Membership to anyone at any time for any reason resulting in the loss of ownership for said member.
3. Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Tourplus Private Tour Guides logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of Tourplus Technology Sdn Bhd. Hence, the use of any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site Content is prohibited.
Tourplus Private Tour Guides logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Tourplus Private Tour Guides, and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tourplus Private Tour Guides or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Tourplus Private Tour Guides and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tourplus Private Tour Guides. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tourplus Private Tour Guides.
5. "Local personal Tour Guide" ("Tour Guide") usage
Tourplus Private Tour Guides assumes no responsibility for incorrect information collected from any of the tour guides registered on tourplus.my, any delay, changes in his/her schedule, strikes, injury, weather, fire, theft, quarantine, medical or customs regulations and similar act or incident beyond its ability to control. Tourplus Private Tour Guides is not responsible for any arrangements made between you and the tour guide in the country you visit.
6. Pricing Terms and Conditions
This section relates only to booking a tour guide on tourplus.my. Pricing is set by the tour guides directly and not by Tourplus Private Tour Guides. The tour guide can chose a base currency of payment as MYR, SGD, EURO, GBP, CAD, AUD or USD. All transaction will pay in full payment once the booking is confirmed through Tourplus payment system.
Here’s how Tourplus processes payments:
- 1) Tourplus charges Travelers when the reservation is confirmed.
- 2) Tourplus proceed payout to Tour Guide 24 hours after the Traveler received services.
Using Tourplus’s payment system is required to make a reservation, and it helps ensure that both parties are protected under our Terms of Service, cancellation policies, Traveler Refund Policy.
Payouts to tour guide
To check the status of your payout, visit your Transaction History. Once Tourplus has sent your payout, a “Payout” line item appears for that reservation. It may take up to a week for your payment processor to complete the transaction after Tourplus releases the funds.
Payments from Travelers
You’ll be charged for the total cost of your reservation when it’s confirmed. Reservation requests are confirmed when they’re accepted by the tour guide.
8. What will my payout be?
Your payout will be the listing price minus the 5% Tour guide service fee. Your Traveler pays the cost of your listing in addition 10% Traveler service fee, which explains why they see a total that is higher than what you quoted. Example: Your trip is listed as USD100, user will pay for USD110 and you will get payout of USD95.
Here are some common things that may impact the amount of your payout:
- You explained the pricing in your Description, but you did not incorporate it into your pricing settings. You should include all costs in your pricing settings whenever possible.
- Our system only processes whole numbers and rounds to the nearest whole amount.
- Depending on the country of residence of the Tour Guide or Traveler, VAT on the service fees may be included as an additional amount over and above the total Tourplus service fee.
To change the price of an accepted reservation, you will need to change the reservation with your Traveler.
9. Traveler Refund Policy
Travel Guide Service on the Tourplus platform should meet minimum quality standards regarding safety, access, and customer satisfaction, and they should be consistent with the description provided by the Service Provider. If a Traveler who books and pays for an Travel Guide Service suffers a 'Travel Issue' because the Service does not meet Tourplus standards, the Traveler may be eligible for a refund in accordance with the Traveler Refund Policy.
Tourplus will (at our discretion) either provide the Traveler with a refund or use reasonable efforts to find and book the Traveler at another comparable Travel Guide Service for any unused credits left in your reservation. The amount of any refund will depend on the nature of the Travel Issue suffered.
A valid 'Travel Issue' generally falls into three categories, (1) the Service Provider cancels a reservation 24 hours or less before the scheduled start of the reservation, or fails to provide the Traveler services, (2) the description of the Travel Guide Service in the listing on the Site is materially different from the actual Service (such as the Language, Car Type), or (3) the Service Provide did not show up as requested.
To submit a valid claim for a refund, a Traveler is required (a) to bring the Travel Issue to our attention within 24 hours after the start of your reservation (including photographs or other evidence) and respond to our requests for information or cooperation, (b) not have directly or indirectly caused the Travel Issue and (c) to have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Service Provider prior to making a claim for a Travel Issue.
10. What is a cancellation policy?
Cancellation policies are the conditions under which a Tour Guide will return (or doesn’t return) money to a Traveler if the Traveler cancels the reservation. Tourplus enforces these policies to protect both Traveler and Tour Guide alike.
Each listing on Tourplus has same cancellation policy which Travelers will able to get full refund 1 day prior of arrival. Travelers must agree to the Tour Guide's cancellation policy when submitting a reservation request.
For accepted reservations, the cancellation policy is in your itinerary. Travelers who cancel their reservation are refunded according to below:
- The Tourplus service fee is non-refundable.
- If there is a complaint from either party, notice must be given to Tourplus within 24 hours of arrival.
- Tourplus will mediate when necessary, and has the final say in all disputes.
- A reservation is officially canceled when the traveler clicks the cancellation button on the cancellation confirmation page, which they can find in Dashboard > Your Trips > Change or Cancel.
- Cancellation policies may be superseded by the Traveler Refund Policy, safety cancellations, or extenuating circumstances. Please review these exceptions.
- Applicable taxes will be retained and remitted.
Tour Guide cancellation
If Tour Guides need to cancel a reservation, Travelers can choose to rebook with another Tour Guide or to be fully refunded.
Because cancellations can have serious implications on a Traveler's trip, there are penalties that will be applied for Tour Guide cancellations.
11. How do the cancellation penalties work?
Because cancellations can have serious implications on a traveler's trip, there are penalties that will be applied for tour guide cancellations.
A cancellation fee.
If you cancel any reservation within 7 days of check-in, you'll be charged a USD$100 fee. Additionally, if you cancel more than one reservation within a six-month period, you'll be charged $50 per cancellation.
We'll automatically deduct any applicable cancellation fees from your next payout.
An automated review will be posted to your listing's profile indicating that you canceled one of your reservations. We encourage you to publicly respond to clarify why you needed to cancel.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Tourplus Private Tour Guides or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Tourplus Private Tour Guides logo or other proprietary graphic of Tourplus Private Tour Guides to link to the Site without the express written permission of Tourplus Private Tour Guides. Further, you may not use, frame or utilize framing techniques to enclose any Tourplus Private Tour Guides trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Tourplus Private Tour Guides's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any trademark, copyright or proprietary right of Tourplus Private Tour Guides or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, copyright or other proprietary right of Tourplus Private Tour Guides or any third party without the prior written permission of Tourplus Private Tour Guides or such other party that may own such trademark, copyright or other proprietary right(s).
13. Content posted on Tourplus Private Tour Guides
(a) You understand and agree that Tourplus Private Tour Guides may review, modify, or delete, without notice any data, text, software, music, sound, message, photograph, graphic, image, video, profile, blog, review, information, comment, work of authorship, or other material or expression (collectively, "Content"), whether posted publicly or posted privately to other Members, that in the sole judgment of Tourplus Private Tour Guides violates these Terms might be offensive, indecent, or illegal, or might harm, violate the rights, or threaten the safety of any person. Tourplus Private Tour Guides is the final arbiter of what is and is not allowed on the Website.
(b) You are solely responsible for the Content that you publish, transmit, upload, communicate, or display on the Website and/or through the Service, whether posted publicly or posted privately to other Members. You understand that Tourplus Private Tour Guides has no obligation to monitor the Website, or monitor, control or edit the Content thereon, or monitor any use of the Service by Members, or remove inappropriate Content. Tourplus Private Tour Guides is not responsible in any way for the Content posted by Members on any area of the Website, including but not limited to Profiles, Passion Groups, Reviews, Blogs, Albums, and messages, or otherwise posted through the Service. By posting Content on the Website and/or through the Service, you agree to bear all risks associated with the accuracy and completeness of such Content.
(c) If you post Content to any public area of Tourplus Private Tour Guides, you automatically grant to Tourplus Private Tour Guides an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to use, reproduce, publicly perform, display, modify, adapt, distribute, access, view, store, prepare derivative works of, incorporate into other works, and/or otherwise exploit such content, or any part thereof, including but not limited to any copyrighted material, and your name, image, and likeness, for any purpose and in any form, media, or technology now known or later developed, including but not limited to featuring such Content, name, image, or likeness on Tourplus Private Tour Guides's homepage (tourplus.my) or any other page of the Website, or in any marketing, promotional materials or advertisements for Tourplus Private Tour Guides, and to grant and authorize sublicenses of the foregoing (the "License"). You further agree to permit anyone to access, display, view, store and reproduce such Content for personal use. By posting any information about or photographs or images of yourself on the Website and/or through the Service, you thereby waive any rights of privacy or publicity to such information, photographs, or images.
(d) You further represent and warrant that:
- You exclusively and irrevocably own the Content posted by you on the website and/or through the Service or otherwise have the right to grant the License set forth in this section; and
- any Content posted by you on the website and/or through the Service does not violate or infringe the privacy rights, copyright, trademarks, moral rights or other intellectual property rights, or proprietary rights of any person or entity. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of any Content that you post on the website and/or through the Service.
(e) The following is a partial list of the kind of Content that you are prohibited from posting on the website and/or through the Service. Tourplus Private Tour Guides reserves the right to investigate and take appropriate legal action against anyone who, in Tourplus Private Tour Guides's sole discretion, violates this provision, including but not limited to removing the offending Content from the Website and terminating the Membership of such violators. Prohibited Content includes but is not limited to Content that, in Tourplus Private Tour Guides's sole discretion:
- is vulgar, profane, abusive or indecent;
- contains nudity, violence, or offensive subject matter;
- is patently offensive to the online community, including but not limited to Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or cruelty to animals;
- exploits people in a sexual or violent manner;
- threatens, harasses, or advocates harassment of another person;
- invades another person's privacy;
- involves the transmission of "junk mail," "chain letters," unsolicited mass mailing or "spamming;"
- promotes illegal or unauthorized copying of another person's or entity's copyrighted work, including but not limited to providing pirated computer programs or links thereto, providing information to circumvent manufacture-installed copy-protect devices or digital rights management software, or providing pirated music or videos or links thereto;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page of the Website);
- exploits people under the age of eighteen (18) in a sexual, violent, or otherwise objectionable manner, or solicits personal information from anyone under the age of eighteen (18);
- involves pornographic or sexually explicit material of any kind, including but not limited to sexually suggestive imagery or language; or
- promotes, furthers, or provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
Notwithstanding the prohibition on the content listed above, you might become exposed to such information or material, in which event, you agree to hold harmless and covenant not to sue Tourplus Private Tour Guides for any such exposure and any injuries based thereon.
(f) Tourplus Private Tour Guides reserves the right to disclose any Content posted on the Website and/or through the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. Advertisements and Promotions. Tourplus Private Tour Guides may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Tourplus Private Tour Guides, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Tourplus Private Tour Guides is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site. Copyright Complaints
14. Copyright Complaints
If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records.
15. Member Disputes
You are solely responsible for your interactions with other Tourplus Private Tour Guides Members and local personal tour guides. Tourplus Private Tour Guides reserves the right, but has no obligation, to monitor disputes between you and other Members and take appropriate action if Tourplus Private Tour Guides, in its sole discretion, finds any violation of these Terms or other improper conduct.
16. Disclaimer and Limitation of Liability
You agree that your use of the Tourplus Private Tour Guides website shall be at your sole risk. To the fullest extent permitted by law, Tourplus Private Tour Guides, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Tourplus Private Tour Guides makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for:
(a) errors, mistakes, or inaccuracies in Content;
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website and local personal tour guides;
(c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from our website;
(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party;
(f) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Tourplus Private Tour Guides website; or
(g) any product or service advertised or offered by a third party through the Tourplus Private Tour Guides website or any hyperlinked website or featured in any banner or other advertising, and Tourplus Private Tour Guides will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction. You specifically acknowledge that Tourplus Private Tour Guides shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Tourplus Private Tour Guides makes no representations that the Tourplus Private Tour Guides Website is appropriate or available for use in any particular location. Those who access or use the Tourplus Private Tour Guides Website are responsible for compliance with local law.
Under no circumstances, including but not limited to any act or omission on the part of Tourplus Private Tour Guides, will Tourplus Private Tour Guides be liable for any indirect, incidental, special and/or consequential damages whatsoever which result from any use or access of, or any inability to use or access, this website or its content, including but not limited to any dealings with the tour guides.
You agree to defend, indemnify and hold harmless Tourplus Private Tour Guides, its parent or related corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) Your use of and access to the Tourplus Private Tour Guides Website;
(b) Your use of the Tourplus Private Tour Guides Service.
(c) Your violation of Terms;
(d) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(e) Any claim that one of your User Submissions caused damage to a third party; or
(f) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website or local personal tour guides.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Questions and Comments
If you have any questions regarding these Terms or your use of the website, please submit them to us via contact Tourplus Private Tour Guides.