These are the MyGuyd Terms of Service. They include important information regarding the use of the platform and your legal rights, obligations and remedies. By accessing or using the MyGuyd platform, you agree on complying to these Terms of Services. At the same time, you are bound to these terms. Please read the following content carefully.
Last Updated: May 08, 2018
These Terms of Service (“Terms“) represent a legally binding agreement (“Agreement“) between you and MyGuyd (as defined below). The Terms are used to legally frame your access to and use of the MyGuyd website, including subdomains and mobile applications for Smartphone, Tablet or other smart devices (collectively, “Site“). The term “MyGuyd Platform” in these Terms refer to the Site and any MyGuyd Services.
When these Terms talk about “MyGuyd,” “we,” “us,” or “our,” it refers to the MyGuyd company you are contracting with, namely MyGuyd e.K., Baaderstr. 61, 80469 München, Germany.
1. Terminology and functionality
The MyGuyd Platform is an online marketplace for tours. Registered users (“Users”) and certain third parties have the possibilty to offer services (Users and third parties who offer services are “Guides” and the services they offer are “”Tours” or “Tour Services”. The Site is based on a listing theme, so Tour Services on the MyGuyd Platform are as well “Listings”.) Users or third parties have the possibility to book such Tour Services (Users or third parties using Tour Services are “Customers”). Tour Services may include single or multi-day activities, access to unique events and locations and any other travel and non-travel related services.
2. Main legal principle of the MyGuyd Platform
It is the exclusive responsibility of the guide (also referred as “Guyd”) for complying with all applicable laws in the city, state and country their tour is being held. MyGuyd is not responsible for the tours. The MyGuyd Platform is an online marketplace for tours and guides, but not a tour provider. Guides need to identify, understand and comply to all rules and regulations that apply to their Listings and Tour Services. Some countries, regions or cities might ask tour guides to obtain a license before providing their services. This includes as well the operation of a car or any other vehicle. Guides have the exclusive responsibility for identifying and obtaining any required licenses, permits, or registrations for any Tour Services they offer. Guides should be aware of the potential case, that certain Tour Services may be prohibited. Guides, who don´t follow the obligations and comply to the laws may face penalties. If in doubt, or any questions arise on how local laws apply to your Listing(s) and Tour Service(s) on MyGuyd, legal guidance is advisable.
3. The MyGuyd Services
3.1 MyGuyd is the provider of the MyGuyd Platform. MyGuyd does neither own, offer or provide, nor organise, sell or manage any Listings or Tour Services. MyGuyd is also not responsible for the deliverance of the Tours. MyGuyd is not an organiser or retailer of travel packages under Directive (EU) 2015/2302. Guides alone are responsible for their Listings and Tour Services. MyGuyd is not and does not become a party to any participant in any contractual relationship between Users. MyGuyd is not a tour agency. MyGuyd is not acting as an insurer. By booking or accepting a Tour, Users or third parties are entering into a contract directly with each other.
3.2 If you use the MyGuyd Platform as a Guide, your relationship with MyGuyd is limited to being an independent, third-party contractor, and not an employee, agent or partner of MyGuyd. Guides act exclusively on their own behalf and for their own benefit and not on behalf of or for the benefit of MyGuyd. MyGuyd won´t direct, control or order Guides. It might be, that MyGuyd will deliver non-binding guidance or reccomendations.
3.3 MyGuyd has no control over any Listings or Tour Services. Because of the lack of control, (i) MyGuyd cannot guarantee the existence, quality, legality, suitability or safety of the Tours, and (ii) MyGuyd cannot guarantee the truth or accuracy of any Listing description or Reviews. MyGuyd expects and endorses a fair community but we are not responsible for Users, or the conduct, deliverance and performance of any User or third party.
3.4 The term of “user verification” or “verified” users (or similar language) is a simple acknowledgement that the User has completed a relevant verification or identification process and nothing else. The term is not an endorsement, certification or guarantee by MyGuyd about any User. The term does not indicate deeper verification of a User’s identity or background or whether the User is trustworthy, suitable or safe. MyGuyd reccommends to use common sense, and when in doubt about a User, don´t book the Tour.
3.5 MyGuyd might use and display Listings and other User content for reasons of promotion of the MyGuyd Platform. This counts for online and offline, mobile and e-mail advertising. Listings and other User Content (or just parts of it) may be translated into other languages. It is the responsibility of the Guides to review and verify the accuracy of such translations. The correctness or accuracy of such translations cannot be guaranteed by MyGuyd. Some translations on the MyGuyd platform might be powered by Google. Google disclaims all warranties related to the translations.
3.6 MyGuyd has the right to restrict the availability of the MyGuyd Platform. This will serve the general maintenance and allows MyGuyd to improve and modify the functionality of the MyGuyd Platform. MyGuyd does not guarantee the continuous availability of the MyGuyd Platform.
4. The Use of MyGuyd
4.1 In order to use the MyGuyd Platform and create accounts, Users have to be at least 18 years old. Anyone who uses or accesses the MyGuyd Platform warrants that he or she is 18 years or older.
4.2 MyGuyd has every right to decline User or Guide applications and edit Tour Services and profiles.
4.3 If you sign up via the form from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
4.4. The MyGuyd Platform might use mapping services of Google Maps or Google Earth, which includes the Google Maps API. It is subject to Google Maps/Google Earth Additional Terms of Service.
4.5. MyGuyd grants the right to download the official mobile application and access all public content on mobile devices. This right is , limited not exclusive and cannot be sublicensed.
5. Creating an Account
5.1 In order to create and/or publish a Listing, Users need to register on the MyGuyd Platform. MyGuyd has every right to decline User or Guide applications and edit Tour Services and profiles.
5.2 With respect to these Terms, anyone can open an Account under the condition of accepting, agreeing and following the Terms.
5.3 Registration can be done through the registration form on the MyGuyd Platform or through the account with third-party social networks, such as Google or Facebook. At any time this connection can be disabled in the “My Account” section of the Site.
5.4 Users commit themselves to provide true and accurate information while creating their account and Listings. It is the exclusive responsibilty of the Users to update their account as soon, as given information is not actual anymore.
5.5 The creation of two or more MyGuyd accounts is not allowed.
5.6. It is the exclusive responsibility of the User to keep their login data and all credential details confidential. Users shall not disclose any relevant data to third parties. If named details should be lost, stolen or misused, Users have to inform MyGuyd as soon as possible. Any actions of a User´s account are subject to the direct responsibility of the User. This includes legal liability.
6.1 Users may upload or post content, namely text, images, photos, video or other content on the MyGuyd Platform. This content can be accessed and seen by other Users or third parties.
6.2 Content on the MyGuyd Platform and the MyGuyd Platform itself may be partly or as a whole protected by trademarks, copyright and other laws of the European Union. All content on the MyGuyd platform is the exclusive property of MyGuyd. This include any intellectual property rights.
6.3 All Users agree that they are not allowed to copy or adapt any content on the MyGuyd platform. All exploitation of the MyGuyd platform is not allowed.
6.4 MyGuyd has all rights to access, store, use, copy, publish, edit and delete all User content. All User content is sublicensable, non-exclusive, transferable, royalty-free and usable in all countries.
6.5 Users agree to not post or publish any content that is not coverred by the MyGuyd Standards. It is the exclusive responsibility of the Users to make sure, he or she is the sole and exclusive owner of the User content, distributed or published by this User. This includes all rights and licences which are needed in order to grant MyGuyd all relevant rights. Users guarantee, that they don´t use, copy or misuse any content of third parties. This includes all intellectual property and privacy rights.
7. MyGuyd Pricing & Fees
7.1 The general use of the MyGuyd Platform is free of charge. However, fees will apply for any booking. The general rate is defined at 20% of the total price. In some cases MyGuyd has the possibility to lower the rate. All fees will be paid by the Customer, who is booking the tour. Guides agree to name and display all prices including this fee and any applicable taxes.
7.2 It is the Customer´s responsibility to pay the rest of the price to the guide directly in cash or through other individually accepted payment methods. These methods will be defined by the Guide in the Listing creation process.
7.3 Fees are non-refundable and include all applicable taxes.
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