Term and Conditions

ToursByLocals Customer Terms and Conditions Revised September 9, 2008 This Agreement sets forth the terms and conditions between GroupInfoWeb.com Inc., doing business as "ToursByLocals" and users who use our services to purchase tours and travel services ("You") from individuals who provide tours and travel related services ("Tour Guides"). This Agreement explains how You purchase tours and travel services and specifically limits our liability. You must read this Agreement before using the Site and booking a Tour. 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. 1. General ToursByLocals connects You with Tour Guides who are seeking to provide tours and travel related services. We do this through our website, ToursByLocals.com ("Site"), which is a communications and payment processing system for enabling this connection. You understand that the Tour Guides represented on the Site are independent contractors and that the Tour Guides are not employees of ToursByLocals. You hereby represent, understand and expressly agree that ToursByLocals does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Tour Guides, nor of the integrity, responsibility or any of the actions whatsoever of the Tour Guides. ToursByLocals will use its best efforts to monitor Tour Guide profiles, service offerings, actions, comments and suspend privileges to any "Tour Guide" not adhering to policies of ToursByLocals. By using this Site, you agree to report any alleged improprieties of any Tour Guides to ToursByLocals immediately. 2. Transactions You may seek the services of a Tour Guide through the use of the Site. Once a Tour Guide has accepted your request for service and your payment has been processed, there is a binding contract implicit between you and the Tour Guide. Once you have purchased a tour or travel service, if there are any issues relating to the service that cannot be resolved directly with the Tour Guide you should contact ToursByLocals and we will attempt to resolve the issue. ToursByLocals uses a third party service to process your credit card information. For further information regarding that service, please contact ToursByLocals's credit card processing company(s). You hereby agree to hold ToursByLocals harmless for any damages that may result should any personal information about You be released by any third parties. 3. Refunds Any cancellation by You must be made by telephone or email and acknowledged by ToursByLocals. The date on which the request to cancel is received by ToursByLocals will determine the refund due as follows: Cancellation 60 days or more before departure: Amount paid less upfront costs. These upfront costs are disclosed to you when you use the Site to complete the transaction and may represent out of pocket expenses of the Tour Guide for tickets, transportation deposits and other ancillary expenses. Cancellation 59 to 30 days before departure: 50% of amount paid less upfront costs. These upfront costs are disclosed to you when you use the Site to complete the transaction and may represent out of pocket expenses of the Tour Guide for tickets, transportation deposits and other ancillary expenses. Cancellation less than 30 days before departure: no refund You are strongly urged to obtain cancellation insurance. In certain circumstances, this will cover the cost of cancellation. In some cases, the Tour Guide may cancel a tour due to weather or other circumstance. In the event that the Tour Guide cancels the tour, or does not deliver it as promised, You may choose between a rescheduling of the tour OR a full refund of all monies paid or a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour will be refunded or paid by You as applicable. ToursByLocals is not responsible for any incidental expenses You may have incurred as a result of the purchase such as visas, vaccinations, non-refundable flights or loss of enjoyment, etc. 4. ACCEPTANCE OF RISK You acknowledges that tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and hereby release the ToursByLocals and the Tour Guide from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Tour Guide may ask You to sign a participation form, with the following wording: “I understand this tour (name of tour), involves risks (and rewards) above and beyond those encountered on a more conventional tour. I understand those risks and have provided my Tour Guide with details of any pre-existing medical conditions I may have. I fully assume the risks of travel and fully and forever release and ToursByLocals, (name of Tour Guide) and all other related, affiliated, associated or otherwise connected corporations, partnerships, individuals and other entities and all of their respective officers, directors, employees, contractors, agents, successors and assigns (collectively, the “Releasees”) from any costs (including, without limitation, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all losses, damages, death or injuries to persons or loss of property, which may be sustained by me in connection with or in any way relating to this trip, due to any cause or reason whatsoever including, without limitation, the reckless, willful or negligent actions or omissions of the Releasees or any other person or persons.. Whether the signing of the waiver form is required is disclosed when you use the Site to book the tour. You are strongly encouraged to obtain suitable medical insurance prior to booking a tour. 5. Prohibited Use The Site may not be used to recruit, solicit, or contact Tour Guides for employment or contracting for a business not affiliated with ToursByLocals unless you first obtain express written permission from ToursByLocals. 6. Information Provided by You You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. ToursByLocals is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You. ToursByLocals will only use your information in accordance with our Privacy Policy. ToursByLocals will use its best efforts to ensure the privacy of all other personal information, however we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold ToursByLocals harmless for any damages that may result. ToursByLocals uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information regarding that service, please contact ToursByLocals' credit card processing company. 7. Modification of the Terms of this Agreement ToursByLocals reserves the right to make changes to this Agreement from time to time. ToursByLocals shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site. 8. Term of Agreement This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, ToursByLocals may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of ToursByLocals as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: General, Information Provided by You, Term of Agreement; Intellectual Property Rights, Notice of Trademark Rights; Disclaimer of Warranties; Limitation of Liability; Legal Claims; and General Provisions. Should You violate the terms of this Agreement, ToursByLocals reserves the right to terminate your use of this Site immediately at its sole discretion. 9. Intellectual Property Rights All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that You see or read on the Site is owned by ToursByLocals. or is used with permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from the ToursByLocals Site without prior written permission. 10. Notice of Trademark Rights The service marks and trademarks ToursByLocals and the ToursByLocals logo are service marks owned by ToursByLocals. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of the owner. 11. Privacy ToursByLocals is committed to ensuring the privacy of the information you give us. Our Privacy Statement is located on the ToursByLocals Site. 12. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT THE YOUR SOLE RISK. TOURSBYLOCALS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. 13. Limitation of Liability Under no circumstances will ToursByLocals be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Furthermore, the TOTAL liability of ToursByLocals arising with respect to this Agreement and the Site will not exceed the total amounts paid by You under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. 14. Legal Claims For all disputes between ToursByLocals and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and ToursByLocals, or any related matters ("Disputes"), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of British Columbia and you hereby irrevocably submit to the exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose. Any shorter time limit provided by statute law remains unaffected. 15. General Provisions Failure by ToursByLocals to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. These Terms of Use constitute the entire agreement between You and ToursByLocals with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of ToursByLocals, its successors and assigns. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.