VIATOR SYSTEMS PTY LTD, A WHOLLY OWNED SUBSIDIARY OF VIATOR INC (TRADING UNDER THE NAME "VIATOR 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.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Viator Private Tour Guides or its affiliates for products, services or otherwise. Viator 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 Viator 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. Viator 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.
Ownership and Copyright
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Viator 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 Viator Inc. 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.
Viator 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 Viator 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 Viator 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 Viator Private Tour Guides and may not be copied, imitated or used, in whole or in part, without the prior written permission of Viator 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 Viator Private Tour Guides.
"Local personal Tour Guide" ("Tour Guide") usage
Viator Private Tour Guides assumes no responsibility for incorrect information collected from any of the tour guides registered on tourguides.viator.com, 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. Viator Private Tour Guides is not responsible for any arrangements made between you and the tour guide in the country you visit.
Pricing Terms and Conditions
This section relates only to booking a tour guide on tourguides.viator.com.
Pricing is set by the tour guides directly and not by Viator Private Tour Guides. The tour guide can chose a base currency of payment as EURO, GBP, CAD, AUD or USD. The tour guide has an option to receive the due cash payment in the local currency rate on the day of the tour only if all parties agree. Otherwise the currency and amount outlined on the confirmation of booking is the legal amount due.
Pricing outlined on the site is for a private tour which can be one single person or two persons maximum.
Deposit and Payment
The deposit of approximately 20% of the total cost of the tour, is payable to Viator Private Tour Guides on booking. This deposit is fully refundable to the booker only if the tour guide does not show on the tour day and time. For any other reasons the "deposit" is non-refundable to the booker.
The booker is responsible for paying the balance of the tour cost directly to the tour guide on the day of the tour.
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 Viator 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 Viator Private Tour Guides logo or other proprietary graphic of Viator Private Tour Guides to link to the Site without the express written permission of Viator Private Tour Guides. Further, you may not use, frame or utilize framing techniques to enclose any Viator 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 Viator 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 Viator 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 Viator Private Tour Guides or any third party without the prior written permission of Viator Private Tour Guides or such other party that may own such trademark, copyright or other proprietary right(s).
Content posted on Viator Private Tour Guides
(a) You understand and agree that Viator 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 Viator 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. Viator 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 Viator 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. Viator 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 Viator Private Tour Guides, you automatically grant to Viator 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 Viator Private Tour Guides's homepage (tourguides.viator.com) or any other page of the Website, or in any marketing, promotional materials or advertisements for Viator 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:
(i) 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
(ii) 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. Viator Private Tour Guides reserves the right to investigate and take appropriate legal action against anyone who, in Viator 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 Viator Private Tour Guides's sole discretion:
(i) is vulgar, profane, abusive or indecent;
(ii) contains nudity, violence, or offensive subject matter;
(iii) 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;
(iv) exploits people in a sexual or violent manner;
(v) threatens, harasses, or advocates harassment of another person;
(vi) invades another person's privacy;
(vii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing or "spamming;"
(viii) 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;
(ix) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page of the Website);
(x) 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);
(xi) involves pornographic or sexually explicit material of any kind, including but not limited to sexually suggestive imagery or language; or
(xii) 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 Viator Private Tour Guides for any such exposure and any injuries based thereon.
(f) Viator 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
Viator 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 Viator Private Tour Guides, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Viator 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
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. Member Disputes
You are solely responsible for your interactions with other Viator Private Tour Guides Members and local personal tour guides. Viator Private Tour Guides reserves the right, but has no obligation, to monitor disputes between you and other Members and take appropriate action if Viator Private Tour Guides, in its sole discretion, finds any violation of these Terms or other improper conduct.
Disclaimer and Limitation of Liability
You agree that your use of the Viator Private Tour Guides website shall be at your sole risk. To the fullest extent permitted by law, Viator Private Tour Guides, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Viator 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 Viator Private Tour Guides website; or
(g) any product or service advertised or offered by a third party through the Viator Private Tour Guides website or any hyperlinked website or featured in any banner or other advertising, and Viator 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 Viator 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. Viator Private Tour Guides makes no representations that the Viator Private Tour Guides Website is appropriate or available for use in any particular location. Those who access or use the Viator 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 Viator Private Tour Guides, will Viator 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 Viator 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 Viator Private Tour Guides Website;
(b) Your use of the Viator 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
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.
Questions and Comments
If you have any questions regarding these Terms or your use of the website, please submit them to us via contact Viator Private Tour Guides.
Contact InformationViator Systems Pty Ltd - ABN 26 071 510 220
L5, 219-241 Cleveland Street, Strawberry Hills
Tel +61 2 8219 5400
360 3rd Street Suite 400
San Francisco, CA 94107
The Viator Private Tour Guides website is operated under jurisdiction of Australian law.