IF YOU DO NOT AGREE TO THE TERMS BELOW, DO NOT USE THIS SITE.
2. Use constitutes acceptance
By accessing the Site or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
4. Our relationship with you
Avidalocal provides a platform and venue to bring travelers together with local guides. We help travelers and local guides transact and facilitate communications. We are an independent contractor for all purposes, and are not your fiduciary, agent or trustee. We do not have control of, or liability for transactions between Avidalocal users. We do not guarantee any traveller, local guide, service provider, customer, or outcome. Our role is strictly limited to that of a facilitator and third-party record-keeper.
5. Deals, offers, promotions disclaimer
Descriptions of deals, offers, promotions, services and products on the Site are provided by Site users or other referenced third parties. Avidalocal does not investigate or vet any providers and is not responsible for, and will not be liable for, any claims associated with the description of any offer. Deals and prices may change at any time. Avidalocal does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors or changes.
6. Protection of minors
You should be 18 years or older to use the Site and Services and must be 18 years or older to register for an Avidalocal account. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.
7. No duty to monitor
You agree that we are not liable for content that is provided by others, including Site users, registered or otherwise. We have no duty to screen content supplied by others, but we have the right to refuse to post submitted content. We reserve the right to remove any content for any reason at any time.
8. Changes to avidalocal.com
We may discontinue or change any Avidalocal content, service, function or feature at any time with or without notice.
9. Linking policy
9.1 Links on this Site: This Site may provide, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.
9.2 Linking to this Site: If you would like to link to this Site, you must comply with the following:
- You do not have permission to use of incorporate any of our Site content and must not in-line, frame, or create any browser or border environments around our content.
- Do not present any misleading or false information about us or our products or services.
- Do not use any of our logos, designs, slogans, trademarks or service marks or any other words or metatag data without first obtaining our express written permission.
- We do allow any linking to sites that contain any distasteful, offensive or controversial content.
- Unauthorized links to of framing of this Site is prohibited unless you have obtained our express written permission
- Do not archive, cache, or mirror any of our pages or any portion of our pages. We reserve the right to disable any unauthorized links or frames and we hereby disclaim all liability for any material on any third party sites that may contain links to this Site.
- In order to use, reprint, frame, or redistribute any content from this Site, you must first request our express written permission by contacting us at email@example.com with the following information:
- your name
- e-mail address
- telephone number
- company name
- URL where requested use will occur; and
- details specifying the proposed linking or framing, including the content of our Site you would like to use.
10. Fees and payments
10.1 Fees: Fees for local guides are commission based and are at the rates published on our Site from time to time. We do not charge any fees to travelers.
10.2 Changes to Fees: We reserve the right to change our fees at any time in our sole discretion,
10.4 Errors: We reserve the right to fix any processing errors we discover. We will correct any processing errors by charging or crediting your PayPal account and you expressly authorize us to do so.
10.5 Records: We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.
12. Ownership and intellectual property
12.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. The content and other proprietary features of the Site are protected by copyright, trademarks, patent, and other intellectual property rights.
12.2 Personal use Only: You may only use our content for your own personal, non-commercial use, and must keep intact all and any copyright and proprietary notices.
12.3 Do Not Copy: You may not reproduce, modify, copy or distribute or use for commercial purposes any features or materials or content on the Site without prior written permission from Avidalocal.
12.4 License to Host Your Content: In these Terms, "your content" means all works and materials (including but not limited to advertising, reviews, text, images, documents, comments, graphics, audio material, video material, audio-visual material and files) that you submit to us or the Site for publication on the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to our Site and Services and any successor websites or services. You may edit your content to the extent permitted using the editing functionality made available by us. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
12.5 Copyright Infringing Content: Some Site content is contributed by our users and is known as User Generated Content (UGC). We do not check UGC for violations of copyright, trademarks or other rights but the Site is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA). We will act expeditiously to remove content as soon as we have we have actual knowledge that any UGC infringes copyright. If you believe there is copyright infringing material on the Site, please contact us by email at firstname.lastname@example.org with the following information:
- The name and address of the complaining party.
- A description of the infringing materials and their Internet location, usually the URL.
- Sufficient information to identify the copyrighted works.
- A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
- A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.
13. License to use our service
- You agree that we have no responsibility or liability for the deletion, corruption or failure to store or display any content and/or data maintained or transmitted on or by the Site.
- You acknowledge that the features and services provided by us may change at any time without prior notice to you.
- You acknowledge that we reserve the right to sign out, terminate or delete your membership at any time and for any reason at our sole discretion.
- Except as expressly permitted by this Agreement, you must not edit or otherwise modify any material on the Site.
- We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
14. Acceptable use of our services
You must not:
- Use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility
- Use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
- Use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer softwar
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent
- Access or otherwise interact with our Site or Services using any robot, spider or other automated means
- Use, transfer or distribute any of our content in any manner that could compete with the Site or any business of Talon
- Remove or tamper with any copyright or proprietary notices displayed on the Site
- Copy, disclose, post, distribute, reproduce, publish, display, transmit, perform, create derivative works of, decompile, reverse engineer, disassemble, link to or unlawfully use or reproduce any of the Site content without or express prior written consent
- Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
15. Privacy and personal information
16. Your content
16.1 Purpose: The purpose of this section 16 is to protect us from any claim that in providing the Site and Services we are infringing any person’s intellectual property rights or are a party to or in any way responsible for any inappropriate use by you or others of the Site or Services.
16.2 Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to us as it relates to the Site, its services, and its usual course of business.
16.3 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
16.4 Prohibited Content: You may not use the Site or Services for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the Site.
- Breaching any laws concerning the use of public telecommunications networks.
- Interfering or disrupting networks or websites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Engaging in technically harmful behavior, which includes but is not limited to: computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
16.5 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.
17.1 Password: If you register for an account with Avidalocal you may be required to use a password. You must keep your password confidential and you must notify us immediately if you become aware of any disclosure of your password. You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure. We are entitled to assume that anyone who accesses your account or service using your password does so by your authority.
17.2 Your Security Responsibilities: The security of information transmitted through the Internet can never be guaranteed. We disclaim all liability for any interception or interruption of any Internet transmissions or any changes to or losses of data. You are responsible for maintaining the security of any password, account ID or username, or other form of authentication involved in obtaining accessing our Site or Services. In order to protect you and your data, we may suspend your use, without notice, pending an investigation, if any breach of security is suspected. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Site.
18. Warranties and disclaimers
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OF THE SITE'S OWNERS, OFFICERS, AUTHORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE 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 WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
- 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 THIS AVIDALOCAL SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
19. Limitations of liability
IN NO EVENT WILL AVIDALOCAL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR:
- ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES
- ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE;
- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR RELATED SERVICES;
- PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE OR SERVICES;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SITE OR SERVICES; OR
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL INFORMATION OR DATA.
AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF AVIDALOCAL IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Your sole and exclusive remedy for any cause or claim whatsoever relating to the Site or the Services, shall be limited to discontinuing use of the Site and Services.
20. Your representations and warranties
You represent and warrant to us that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
You agree to defend, indemnify and hold harmless Avidalocal, its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of the Site or the Services, (ii) the distribution or transmission of any content or other materials by you or users authorized by you, or (iii) any violation of these Terms by you. Avidalocal reserves the right to assume the exclusive defence and control of any matter subject to such indemnification and you hereby agree to cooperate with Avidalocal in asserting any available defences.
We reserve the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination you will be denied access to any information or files you have stored on the Site, and we may remove, delete, or otherwise destroy any and all such related information at our sole discretion.
23. Jurisdiction limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
24. International use
We make no representation that content on this Site is appropriate or available for use in locations outside Australia. If you choose to access this Site from a location outside Australia, you do so at your own initiative and you are responsible for compliance with local laws.
25. Risk of loss and disruption to site and services
25.1 You Bear Sole Risk: If conditions arise, including but not limited to power outages, telecommunications outages, disruptions with hosting services, internet service providers (ISPs), or any disruption to networks, interconnection points or services, or any service provided by a third party, you bear the sole risk of any loss or damage and we are not responsible or liable for performance (or non-performance) of the Site or Services in the event of such disruptions. We also make no representation or warranty regarding your ability to transmit and receive information from or through our Site and Services and you agree and acknowledge that at times your ability to access our Site or Services may be impaired or disrupted. Although we will use commercially reasonable efforts to take any action we consider appropriate to remedy and avoid such events, we cannot guarantee that they will not occur, and accordingly we disclaim any and all liability resulting from or related to such events.
25.2 Risk of Data Loss: In the event of a disruption such as described above, your information and/or data and related account information and other date may be lost or destroyed. You assume the risk of loss of your data due to any such disruption and agree you will be solely responsible to verify the accuracy and completeness of any transaction(s) so affected.
25.3 Risks of Electronic Transactions and Access to Information: Your ability to access the Site or Services may be impaired because of the disruption described as described above or due to high traffic volume, systems upgrades and maintenance or for other reasons. If the Site or Services are not available for transactions, or if conditions render their use inappropriate, you acknowledge we will not be liable to you for payment for any loss or damage and agree to work with us towards an acceptable resolution.
26. Events beyond our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations.
27. General provisions
27.2 Governing Law: You agree that the laws of the state of New South Wales (NSW), Australia govern these terms and conditions of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the courts of NSW, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
27.3 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.
27.4 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to this Agreement by email, paper mail, publication on our Site, by SMS, or in any other way recognized by law.
27.5 Waiver: Our failure to exercise or enforce any right or provision of this Agreement is not a waiver of such right or provision.
27.6 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and this Agreement otherwise remains in full force and effect.
27.7 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
27.8 Law Enforcement: You authorize us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
LAST UPDATE TO THESE TERMS AND CONDITIONS: 23rd April 2016