GuideAdvisor Agreement

This Agreement sets forth the terms and conditions between Basecamp Global Pte. Ltd., doing business as “GuideAdvisor” (herein referred to as “GuideAdvisor”) and users who set up a guide profile and create tours and travel services to be listed on the GuideAdvisor.com website (herein referred to as “Guide” or “You”). This Agreement explains the relationship between You and GuideAdvisor, how You set up your profile, create tours and travel services  to be listed. This agreement specifically limits our liability.

You must read this Agreement before using the Site, creating a profile and setting up tours and travel services  to be listed on GuideAdvisor. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and You warrant that You understand, agree to and accept all terms and conditions contained here.

THIS IS THE NEW VERSION POSTED ON MARCH 21, 2016

GENERAL

GuideAdvisor connects You with travelers who are seeking to obtain tours and travel related services. We do this through our website, GuideAdvisor.com (“Site”), which is a communications and referral system for enabling this connection. As well as maintaining the website, GuideAdvisor markets the website through various means including search engine optimization, pay per click programs, public relations and advertising.

You understand that You are an independent contractor and are not an employee of GuideAdvisor. Further, You agree that the travelers who we connect with You are also the customers of GuideAdvisor and You will use your best efforts to ensure that any sales resulting from such customers are trackable by GuideAdvisor.

You acknowledge that communication between You and our customers may be monitored by GuideAdvisor for quality control.

You represent and warrant to GuideAdvisor that You are aware of and are in compliance with any licensing, insurance and legal restrictions that may be placed on the delivery by You of any tours or travel related services.

You further acknowledge and agree that You shall be solely responsible for the supply of any equipment required for a particular tour or travel services provided by You pursuant to the terms of this Agreement, and that You shall ensure, prior to the commencement of any such tour or travel services, that such equipment is in good working order and complies with all applicable safety standards.

 This “Guide Agreement” should be read in conjunction with the “Guide Business Principles” and the “Terms and Conditions“, which applies to registered GuideAdvisor customers.

USE OF SITE AND SERVICES

GuideAdvisor connects You with travelers who are seeking tours and travel related services. We do this through our website, GuideAdvisor.com (“Site”), which is a communications and referral system for enabling this connection.

Upon sign up, You may use the Site to create a Guide Profile for yourself and your guides, and set up Trip Profile pages that describe the tours You provide. Once these are complete, GuideAdvisor will review them and publish them on the GuideAdvisor website. By accepting the terms of this agreement, you agree to allow GuideAdvisor to create a Guide and/or Trip Profile(s) for you if necessary, and to optimize your Guide and/or Trip Profile(s) if necessary and to use content from your website to do so.

THIRD PARTY VERIFICATION

GuideAdvisor may make use of a third-party verification service in order to perform background checks. These services may verify information such as name, address, social security number, and criminal background.

ACCEPTANCE OF “GUIDE BUSINESS PRINCIPLES”

You agree to abide by the GuideAdvisor “Guide Business Principles“. A copy of these rules can be found in a link here.

ACCEPTANCE OF “TERMS AND CONDITIONS”

You have read the GuideAdvisor “Terms and Conditions” and understand that these terms and conditions govern both your relationship with our customers and your relationship with GuideAdvisor . A copy of these terms and conditions can be found here.

REGISTRATION

By registering or signing into your account on this Website as a Guide or Operator (“Operator”), you agree to provide accurate and current information about yourself as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current, including but not limited to the information displayed in your GuideAdvisor account. By registering or signing into your account on this Website as an Operator with a guide profile and listed trip/activity (a “Listing” and collectively “Listings”) on this Website, You represent and warrant that (i) you own and control all of the rights to the content, including text, descriptions, photos and any other content that you post or otherwise distribute regarding the Listings, or you otherwise have the lawful right to post and distribute such content to or through the Website; (ii) such content is accurate and not misleading (including, without limitation, descriptions, features, availability and pricing, and pictures (whether supplied by you or authorized by you to be taken by GuideAdvisor from another web site or service)); (iii) the pricing on a Listing (if applicable) is in the designated currency, includes tax and does not exceed the stated price, including tax, on your website; and (iv) use and posting or other transmission of such content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity. You also agree to promptly provide proof of personal identification, ownership of the trip listed or authority to list the trip as we may request. We reserve the right to refuse, in our sole discretion, any Listing or remove Listings, either temporarily or permanently based on the content and accuracy of such Listing. We may refuse to publish the Listing for any reason, and you hereby expressly agree to release and hold us harmless from any loss or liability that may arise from such a decision.

TERM, RENEWAL AND CANCELLATION OF PAID SERVICES

GuideAdvisor offers a Subscription to Listing Plans. As an Operator, of the paid service you agree to abide by the terms, renewal and cancellation specified below.

1. SUBSCRIPTION PACKAGES

Listings may be sold to run for a specified term from the date of payment. Payment for subscriptions for Listings must be made in U.S. Dollars paid by major credit card. Such Listing Subscriptions shall automatically renew at the expiration of the then-current term, monthly or annual as applicable, for an additional term. This automatic-renewal allows your service to remain uninterrupted. If you do not wish for your Listing Subscription to be automatically renewed, you must manually cancel your Listing Subscription by accessing your subscription in your Paypal account and cancelling prior to the expiration of the then-current term.

Upon any cancellation, your Listing Subscription will remain active through your then-current term; however your Listing Subscription will not be automatically renewed upon the expiration of this term. If your subscription is cancelled at the end of your then-current Listing Subscription term for any reason and you thereafter desire to renew your Listing Subscription, you will be required to pay the then-current non-promotional subscription rate to activate a new subscription. If you do not cancel your Listing Subscription you re-affirm and authorize us to charge your credit card at the end of each subscription term for an additional term of the same duration as the initial term and at the then-current non-promotional subscription rate. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary. You may disable a Listing prior to the end of the term and thus remove the Listing from the Website, however, disabling a Listing will not cancel your subscription. No refunds or extensions of time are available for disabled or cancelled Listing subscriptions.

See plans and pricing.

COMPLAINTS AND REMOVAL OF LISTINGS

If we become aware of or receive a complaint from any person or entity regarding an Operator’s Listing or service practices that, in our sole discretion, warrants the immediate removal of such member’s allegedly offensive Listing from the Website (for example, and without limitation, if an operator engages in any practice that, in our sole discretion, would be considered unfair within the guided services industry, or if we receive a complaint that any listing’s content infringes on the rights of a third party or the user has been fraudulently posting reviews or violation of this Agreement), then we may immediately remove the allegedly offensive Listing from the Website without notice to the Operator and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive Listing from the site without notice to the operator and without refund.

CONTENT RESTRICTIONS

You represent and warrant that each Listing displays an individual and uniquely identified trip/activity offering. GuideAdvisor reserves the right to amend or remove any Listing, when more than one trip/activity offering is described or an Operator may be listing only a subset of their total Listings and directing Customers to other services not included on the Website, and may choose, in its sole discretion to retain any fees associated with the non-conforming listing as compensation for violating this condition. You agree that each Listing is subject to review and GuideAdvisor reserves the right to edit, amend, improve any Listing and the design, layout and functionality of Listings and the Website, in its sole discretion and without notice to you. You represent and warrant that the Listings will not contain addresses of other web sites, HTML, code or other markup languages, other than as provided herein. Addresses of other web sites, HTML, code, or other markup languages will be removed from Listings without notice. You agree not to place email addresses within your listings other than in the designated area to help prevent SPAM and discourage email harvesting robots from crawling GuideAdvisor. Email addresses included outside designated areas will be removed from Listings without notice.

CONTENT LICENSE

If we become aware of or receive a complaint from any person or entity regarding an Operator’s Listing or service practices that, in our sole discretion, warrants the immediate removal of such member’s allegedly offensive Listing from the Website (for example, and without limitation, if an operator engages in any practice that, in our sole discretion, would be considered unfair within the guided services industry, or if we receive a complaint that any listing’s content infringes on the rights of a third party or the user has been fraudulently posting reviews or violation of this Agreement), then we may immediately remove the allegedly offensive Listing from the Website without notice to the Operator and without refund while we investigate the basis for the complaint. If we conclude, in our sole discretion, that any such complaint is meritorious, then we may permanently remove the offensive Listing from the site without notice to the operator and without refund.

OTHER RIGHTS IN CONTENT

You understand that content submitted will be considered non-confidential and GuideAdvisor, its affiliates, and licensees will be under no obligation to treat such content as proprietary information. Without limiting the foregoing, GuideAdvisor, its affiliates, and licensees reserve the right to use the content as they deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. GuideAdvisor, its affiliates, and licensees are under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to GuideAdvisor. GuideAdvisor, its affiliates, and licensees shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties.

RESPONSIBILITIES AS OPERATOR

You acknowledge that: (i) you will be responsible for and agree to abide by and adhere to all laws, rules and regulations applicable to the advertisement of your guided services and the conduct of your guiding business, including, but not limited to, permits, licenses, zoning regulations, occupancy taxes, zoning ordinances, safety compliance and compliance with all anti-discrimination laws; (ii) GuideAdvisor is not a guiding company; (iii) prospective customers may contact you directly using the contact links or forms provided with the Listing; (iv) GuideAdvisor is not responsible for customers once the referral has been made (it is your responsibility to communicate all relevant information to the customer once the referral has been received by you); and (v) GuideAdvisor may, at no additional cost to you, license third-party web sites to advertise the Listings in order to maximize the visitors to your listing.

GuideAdvisor assumes no liability for any of your acts or omissions.

DISABLING LISTINGS

You may remove your Listing at any time by contacting GuideAdvisor with a request to disable the specified Listing (such listing will generally be removed from GuideAdvisor within seven business days).

PROHIBITED ACTIVITIES

You agree not to post, email, or approve for posting, content, whether in Listings or otherwise: that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; that infringes any patent, trademark, trade secret, copyright or other proprietary right of any third party, or that you do not have a right to make available under any law or contractual or fiduciary relationship; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website.

ACCURACY OF LISTINGS

As an Operator, you may provide or approve Listings. You represent and warrant that all information contained in Listings will be true and accurate in all material respects and will not omit anything that may be material to the decision of a user interested in a transaction. You understand that customers will rely upon your Listings and any misstatements or omissions about the Listing may result in liability and other consequences to you including but not limited to cancellation of your Listing and/or account with GuideAdvisor. You expressly release GuideAdvisor and its users from any liabilities or obligations that may arise from any misrepresentations, omissions, or misstatements in the Listings you provide to GuideAdvisor (including Listings you approve) and others who use the Website. You may also provide limited additional rules or policies and agreements of use for your Listings, but GuideAdvisor will have no obligation to monitor, police or enforce such rules, and GuideAdvisor will have no liability or obligation to you or to a customer for any violation of such rules. You understand and agree that GuideAdvisor is a referral service only, and in no event shall GuideAdvisor be a party to any guide service contract or agreement between you and a Customer.

CONTACT INFORMATION

As an Operator, you represent and warrant that contact information for past customers that you enter into the Website through our service or other automated processes (including providing contact information of past customers directly to GuideAdvisor), shall be the valid contact information of past customers. If such contact information is provided in relation to a specific Listing, you represent and warrant that to the best of your knowledge such information is accurate and customers are truly and accurately associated with Listings that they booked.

REVIEWS

You hereby agree to allow GuideAdvisor to send review requests on your behalf based on the contact information (email address) of past customers’ that you provide and that GuideAdvisor shall have the right to retain this contact information, including the customers’ name and email address for record keeping purposes. Users that register an account with GuideAdvisor shall be subject to this Agreement and may be contacted in connection with GuideAdvisor services or information.

MODIFICATION

GuideAdvisor reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Any rights not expressly granted herein are reserved.

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