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Local Guddy Inc. as accessed through the site localguddy.com (the "Site"), provides its services and related services subject to the following Terms of Use (subject to amendment, hereafter "Terms of Use"). Related services include, but are not limited to, upgrades & new features to our services or Site, or related mobile applications. Updates to these Terms of Use are to be made at our sole discretion, and without the burden of further notice. In order to remain in compliance with these Terms of Use, it is recommended that you frequently check these Terms of Use published on the Site for updates, keeping in mind that the "Last Updated" section of the Terms of Use will indicate the most recent time that updates have been made. Your use of the Site and Services, and continued use of the Site after any updates to the Terms of Service are made, indicates your acceptance of the most current Terms of Use. It is your sole responsibility to maintain an up-to-date understanding of the Terms of Use and to abide by them.
Additionally, during the use of specific services you will be subject to any and all additional terms applicable to such services posted on the Site or Service, e.g. the Privacy Policy located at [localguddy.com/privacy]. All such terms are hereby incorporated by reference into these Terms of Use.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“localguddy.com” means the marketplace platform which connetcs locals and travelers around the World. Localguddy.com doesn’t create/promote/sell his own tours. Localguddy.com doesn’t hire guides or guddy to give you guiding and tourism service. Localguddy.com is just acting as a telecommunication platform which connects locals who want to serve travelers as guddy and travelers who want to purchase these services. Localguddy.com takes 5 USD commisions from sales of these services to provide this telecommunication service to guddy and Traveler.
“Guddy ” means a User who creates the Profile via the Site and provides the LocalGuddy services for travelers. They don’t have to be Professional Guides
“User” means an individual who completes localguddy.com account registration process, including but the guddy and traveler. Users can not be and can not represent firms, Corporation, agents etc. They can only be individuals.
“Local Guddy Services” means services that a guddy may provide to a travelers to make some extra income in relation to a specific travel destination (e.g. Showing the best bars and restaurants in town, sightseeing or visiting non-touristic places, etc.). The services must comply with local and international legal regulations.
“Guddy Tour” means the service the guddy can provide. They are not Professional touristic tours, they are not for larger groups than 5, the prices of guddy tour is set by own guddy and can be changed anytime by the guddy. In order to watch the competition, the minimum final price for a tour can be 15 USD and maximum can be 50 USD per person
They are not package tours which includes transportation or accomodation or etc. They only include one specific Local Guddy service. They are not intended for teaching or informing travelers about Cultural and tourisim politics of the City/Country. Here are the Guddy tour types:
“Traveler” means a User who requests from a guddy a booking of the Guddy Tour via the Site, Application or Services. Travelers are free to choose which guddy tour they want.
“you”, “your” and “yours” means you a User of the Site or Application.
“we”, “us” and “our” are references to Local Guddy Inc. (localguddy.com)
Services Details: The Service is designed to provide consumers access to tours, points of interest, activities, special deals, and Guddy Tours (collectively, "Guddy Tours") regarding local destinations and activities and to provide local tour guddy (hereafter, "Merchant(s)") a platform to market their Tours and process booking & billing.
Registration Obligations: Key areas and Services of localguddy.com are only available to registered users. Registering for our Service indicates that you agree to provide and maintain true, accurate, current and complete information about yourself or your Merchant when completing all steps in the Service's registration process. Please review localguddy.com 's Privacy Policy [localguddy.com/privacy] to review the rules & policies governing the use of data and information provided during the registration process. Age restrictions apply to the use of the Service as follows:
Security (Account & Password): Your user account and password as a registered user, including all actions, communications, and use of Services under your account, are your sole responsibility. In order to maintain security, you are required to (a) immediately alert localguddy.com of any unauthorized use of your password or user account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Failing to comply with this policy releases localguddy.com from any liability regarding the outcome of user account and/or password security breaches.
Modifications to Service: localguddy.com reserves the right to, without notice, modify or discontinue, temporarily or permanently, the Service (or any part thereof) at our sole discretion. By accepting these Terms of Use and using our Services, you release localguddy.com of any liability for the results of such a modification or discontinuation of the Service (or any part thereof).
Storage and Posting General Practices: localguddy.com assumes no obligation to post any content from you or any third party. It is entirely with localguddy.com’s discretion to edit, remove, or delete any content or accounts that you create. Using the Services indicates you agree that localguddy.com may, at our sole discretion, impose limits concerning your use of the Service. Typical examples of such limitation would include, but are not limited to:
You agree that localguddy.com carries no liability in the case of deletion or failure to store any data or other content provided by you.
Granting localguddy.com License: By uploading, submitting, or posting any content (e.g. profile information) to the Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.
Content Restrictions & User Conduct. You are solely responsible for any content that you upload, submit, post or transmit via our Services. Failure to comply with the content restrictions described in these Terms of Service releases localguddy.com from any liability for such content and may result in localguddy.com suspending or removing your account, deleting the content in question with or without notice, pursuing civil legal action against you, or reporting you to the relevant law enforcement authority. Content not allowed on localguddy.com includes anything that:
The removal of content, and the decision to pursue any additional actions in response to the removal of said content, is at the sole discretion of localguddy.com.
User & Merchant Fee Terms: If you are a Merchant, localguddy.com will endeavor to remit Revenue (defined below) to you, less localguddy.com’s applicable fees (as described on the Site and in the Services), within 48 hours of the End Date (defined below). For purposes hereof, "Revenue" shall mean gross revenue actually received by localguddy.com from its sale of Guddy Tours hereunder, less taxes, refunds, returns, chargebacks, and bad debt. For purposes hereof, the "End Date" shall be the date of commencement of the activity or experience described in the relevant Guddy Tour. All Revenue will be paid to Merchant in accordance with the payment information provided by the Merchant to localguddy.com through the Service, and Merchant is solely responsible for ensuring such information remains accurate and up to date. Merchant will be responsible for all taxes in connection with the Guddy Tours (excluding taxes based on localguddy.com ‘s net income). If Merchant disputes any payments, Merchant must let localguddy.com know within sixty (60) days after the date that localguddy.com pays you.
Cancellation & Refunds: If you wish to cancel or obtain a refund for an Guddy Tour, please see localguddy.com’s Cancellation Policy located at [localguddy.com/cancellation].
Global Use: In recognition of varying local laws and regulations, localguddy.com requires that you comply with the specific laws and regulations of your locale. It is the responsibility of the Merchant to be familiar with, and adhere to, local laws and regulations. It is highly recommended that Users also familiarize themselves with local laws and regulations to ensure a positive experience. By using the Service, you release localguddy.com from any liability should your content or Tour violate local laws.
Commercial Use: localguddy.com’s service is strictly intended for personal use, for both Users and Merchants. Any commercial use of localguddy.com’s Site, Services, name, or copyrighted content other than the specific use of the Service as Guddy Tour by Guddy is forbidden. Violation of this policy may result in cancellation of an account, civil legal action, or criminal legal action per our discretion.
Taxes: localguddy.com is not a tour operator, guide, or agency and does not conduct business as such. The extent of localguddy.com ‘s Guddy Tourings is a technology platform allowing a marketplace for customers and Merchants. You understand that we are acting solely as an intermediary for the collection of fees between you and any Merchants or customers with whom you choose to enter into a transaction. We do not represent, as an agent or otherwise, any Merchant or customer. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not Guddy Tour tax advice to either Merchants or Customers.
Service Content, Software and Trademarks: All content on the Site or other localguddy.com distribution methods, e.g. mobile applications, (hereafter, "Content") is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except by explicit written authorization by an officer of localguddy.com, Inc., you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. Non-commercial use of our Content, so long as it does not conflict with the above, is permitted.
Your Use of Our Intellectual Property: Systematic retrieval of our Content, including user-generated data, to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or similar, whether by manual methods, through the use of web scrapers, bots, or automated data collection methods, or otherwise is forbidden and may result in cancellation of an account, civil legal action, or criminal legal action per our discretion. The use of localguddy.com ‘s Content, name, or trademarks as meta-tags in other sites or commercial products is also forbidden. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without prior written consent from an officer of localguddy.com, Inc. You may freely use links to the homepage of our Site without our written permission.
Third Party Material: In using our Services, it is highly likely that you will be exposed to content and information from third parties, including user-generated content from other users and content found on linked sites (hereafter, "Third Party Content"). We do not control or pre-screen, and shall have no responsibility for, Third-Party Content found on or linked from our Site. Bear in mind that although such content may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable, localguddy.com shall have no liability for it. You must evaluate the authenticity of, and bear all risks associated with, your exposure to Third Party Content.
User Content Posted on the Site: You are solely responsible for the content and other materials you post on or through the Service, the Site, or any other method of adding content to your profile (e.g. mobile applications) or transmit to or share with other users or recipients, whether as a Merchant, end user or otherwise (collectively, "User Content").
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service, including questions posed to other users regarding Tours ("Submissions"), provided by you to localguddy.com are non-confidential and localguddy.com shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Localguddy.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Localguddy.com, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: In an effort to protect your intellectual property, Localguddy.com has a process in place to address any potential infringements on your copyright or intellectual property rights. This process is outlined below:
Localguddy.com will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Localguddy.com's Copyright Agent at [[email protected]] (Subject line: "DMCA Takedown Request").
Please provide a written explanation of the infringement and include the following:
Counter-Notice: In response to an allegation against you of copyright or intellectual property infringement, you may dispute the allegation by contacting Localguddy.com's Copyright Agent at [[email protected]] and providing the following:
Upon receipt of a counter-notice the Copyright Agent, on behalf of Localguddy.com, will provide a copy of the counter-notice to the original complainant informing them that the content in question could be posted again within 10 days. The burden of continuing this dispute then falls on the original complainant, who must within 10 days initiate official legal action against the party accused of the infringement and inform Localguddy.com's Copyright Agent to ensure that the content in question is not reposted.
Repeat Infringer Policy: At Localguddy.com's sole discretion, users who have repeatedly been found to infringe upon copyright or intellectual property rights, whether complaints have been filed or not, may have their accounts suspended or deleted.
Any Guddy Tours purchased or inquired about through the Service are being Guddy Tour solely by Sub-Merchants, and not by localguddy.com directly. Guddy Tours purchased through the Service, are purchased from the Sub-Merchant, and the Sub-Merchant has sole responsibility to provide the goods and/or services promised and agreed upon. The following terms and conditions apply to all Guddy Tours:
SubMerchants provide the final confirmation that a Guddy Tour has been purchased through the Service. Upon confirmation of a Guddy Tour booking, the Merchant represents, warrants and agrees that they shall fully honor and conduct all confirmed Guddy Tours (unless appropriate notice is provided to the customer) and shall be solely and fully responsible for any and all injuries, illnesses, damages, claims, liabilities, losses and costs suffered by or related to a customer concerning any Guddy Tour or caused in whole or in part the Sub-Merchant, as well as for any unclaimed property liability arising from unredeemed Tour or portions thereof. Each Sub-Merchant hereby waives, and releases and will hold harmless localguddy.com and its officers, directors, employees and agents from, any claim, liabilities, losses, damages, or injury arising from or related to any Tour or any act or omission of Merchant in connection with a Guddy Tour or the services or goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of Guddy Tours or any portion thereof.
You agree to release, indemnify and hold localguddy.com and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Localguddy.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Localguddy.com MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Localguddy.com SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOCALGUDDY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL Localguddy.com ‘s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Localguddy.com IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Disputes: In the event a dispute arises between you and Localguddy.com, our goal to be to reach a fair conclusion in an efficient and neutral manner. Therefore, any claim or controversy at law or equity that arises out of these Terms of Use or our Services ("Claim") shall be resolved in accordance with one of the subsections below or through an alternative method agreed upon in writing by both parties. Bear in mind, it is our sincere hope that we are able to handle your Claim through our dispute resolution procedures without resorting to further measures.
(a) Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than Ten Thousand US Dollars (US$10,000), you or we may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules, or any other established ADR provider agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(b) Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Deleware, USA or where the defendant is located.
Under Localguddy.com ‘s sole discretion, your account can be suspended or deleted, in part or in whole, at any time, with or without notice. You release Localguddy.com from any liability associated with such suspension or deletion.
Disputes between users, including Merchants, are strictly the responsibility of the parties involved, and localguddy.com is in now way liable for such disputes or their outcomes. At localguddy.com ‘s discretion, a localguddy.com representative may get involved in an unofficial capacity to help resolve a dispute. Such involvement in no way implies liability on the part of localguddy.com for the dispute or its outcome.
These Terms of Use constitute the entire agreement between you and localguddy.com and govern your use of the Service, superseding any prior agreements between you and localguddy.com with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Use shall be governed by the laws of the State of Deleware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and localguddy.com agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Deleware. The failure of localguddy.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service.
At Localguddy.com we take Privacy very seriously, and want to protect you and your personal information to the best extent possible. For details please see our Privacy Policy at [localguddy.com/privacy]. By using the Service, you consent to our collection and use of personal data as outlined therein.
Localguddy.com sets unique user IDs for each user and send these data to its Google Analytics accounts to categorize and improve the user experience. This does not mean that your personal data is shared with the Google, on the contrary, sharing of the personal data with the analytics is forbidden by Google as well.
After a booking is made, if the guddy wants to decrease the price on a booking, this would be possible if it is approved by the localguddy.com authorities. However in such case, the commission of localguddy.com would not be affected from the discount which guddy prefers to make.