OurExplorer Terms and Conditions of Use

OUREXPLORER TRADING PTY LTD ("ourexplorer") PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE "SITE TERMS"). “MEMBERS” REFER TO GENERAL REGISTERED USERS CALLED “EXPLORERS”, “PASSIONATE LOCALS” , “LOCAL PRIVATE TOUR GUIDES” , "TOURIST GUIDES" AND “TOUR GUIDES”. “LOCAL PRIVATE TOUR GUIDES” , "TOURIST GUIDES" AND “TOUR GUIDES” IN BOTH THE SINGULAR AND PLURAL ARE ALL THE EXACT SAME ENTITY AND MEANING THROUGOUT THIS SITE AND ALL RELATED TERMS AND POLICIES WITHIN THE SITE. PLEASE READ THESE SITE 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 SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS WEB SITE.

 

These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with our explorer or its affiliates for products, services or otherwise. our explorer reserves the right to change or modify any of the terms and conditions contained in these Site 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 Site 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.

Eligibility

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 our explorer 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. ourexplorer 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.

Privacy Policy

Please refer to our explorer's Privacy Policy for information on how ourexplorer collects, uses and discloses personally identifiable information from its users.

Ownership and Copyright

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the ourexplorer logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of OurExplorer.com Pty Ltd. OurExplorer.com Pty Ltd is a company registered under Australian law.

Trademarks

ourexplorer logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of ourexplorer, 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 ourexplorer 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 ourexplorer and may not be copied, imitated or used, in whole or in part, without the prior written permission of ourexplorer. 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 ourexplorer.

"Local personal Tour Guide" ("Tour Guide") usage

ourexplorer assumes no responsibility for incorrect information collected from any of the tour guides registered on www.ourexplorer.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. ourexplorer are not responsible for any arrangements made between you and the tour guide of the country you visit.

Pricing Terms and Conditions  

This section relates only to booking a tour guide on www.ourexplorer.com.

Pricing is set by the tour guides directly and not by ourexplorer. The tour guide can chose a base currency of payment as EURO 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 for the same outlined price.

Refunding and disputes Terms and Conditions

The "deposit" of approximately 10% of the total cost of the tour, 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.

All parties agree that any disputes in relation to refunding the "deposit" shall be resolved by ourexplorer immediately donating the amount to UNICEF.

ourexplorer does not have a direct transactional relationship with the Tour Guides as they get paid directly in cash by the booker.

Any queries on the refund structure please contact – OurExplorer Trading Pty Ltd Contact OurExplorer

Hyperlinks

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 ourexplorer 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 ourexplorer logo or other proprietary graphic of ourexplorer to link to the Site without the express written permission of ourexplorer. Further, you may not use, frame or utilize framing techniques to enclose any ourexplorer 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 ourexplorer express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ourexplorer 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 patent, trademark, copyright or other proprietary right of ourexplorer or any third party without the prior written permission of ourexplorer or such other party that may own such patent, trademark, copyright or other proprietary right(s).

Content posted on ourexplorer  

a. You understand and agree that ourexplorer may review, modify, or delete, without notice e.g. direct E-mail contact addresses and website urls which where not approved, 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 our explorer violates this Agreement or which might be offensive, indecent, or illegal, or which might harm, violate the rights, or threaten the safety of any person. ourexplorer 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 ourexplorer 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. ourexplorer 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 ourexplorer, you automatically grant to ourexplorer 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 ourexplorer's homepage (www.ourexplorer.com) or any other page of the Website, or in any marketing, promotional materials or advertisements for ourexplorer, 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:
(1) 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
(2) any content posted by you on the website and/or through the Service does not violate or infringe the privacy rights, publicity rights, copyrights, trademarks, moral rights or other intellectual property, contract, 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. ourexplorer reserves the right to investigate and take appropriate legal action against anyone who, in ourexplorer'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 ourexplorer's sole discretion:
1. is vulgar, profane, abusive or indecent;
2. contains nudity, violence, or offensive subject matter;
3. 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;
4. exploits people in a sexual or violent manner;
5. threatens, harasses, or advocates harassment of another person;
6. invades another person's privacy;
7. involves the transmission of "junk mail," "chain letters," unsolicited mass mailing or "spamming;"
8. 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;
9. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page of the Website);
10. 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);
11. involves pornographic or sexually explicit material of any kind, including but not limited to sexually suggestive imagery or language;
12. 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 our explorer for any such exposure and any injuries based thereon.

f. ourexplorer 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

ourexplorer 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 ourexplorer, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ourexplorer 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 ourexplorer Members and local personal tour guides. ourexplorer reserves the right, but has no obligation, to monitor disputes between you and other Members and take appropriate action if our explorer, in its sole discretion, finds any violation of this Agreement or other improper conduct.

Warranty Disclaimer 

You agree that your use of the ourexplorer website shall be at your sole risk. To the fullest extent permitted by law, ourexplorer, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. ourexplorer 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:

I. errors, mistakes, or inaccuracies of content;
II. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website and local personal tour guides;
III. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
IV. any interruption or cessation of transmission to or from our website;
V. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party;
VI. 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 ourexplorer website. ourexplorer does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the ourexplorer website or any hyperlinked website or featured in any banner or other advertising, and ourexplorer 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.

Limitation of Liability

In no event shall ourexplorer, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

i. Errors, mistakes, or inaccuracies of content;
ii. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website or local personal tour guides;
iii. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
iv. Any interruption or cessation of transmission to or from our website;
v. Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party;
vi. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the ourexplorer website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that ourexplorer 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. The Website is controlled and offered by ourexplorer from its facilities in Australia. ourexplorer makes no representations that the ourexplorer Website is appropriate or available for use in other locations. Those who access or use the ourexplorer Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Under no circumstances, including but not limited to any act or omission on the part of ourexplorer, will ourexplorer 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. The entire risk as to the results and the performance of information on this website is assumed by the user.

Indemnity

You agree to defend, indemnify and hold harmless ourexplorer, 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:
i. Your use of and access to the ourexplorer Website;
ii. Your violation of any term of these Terms of Service;
iii. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
iv. Any claim that one of your User Submissions caused damage to a third party.
v. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website or local personal tour guides;

This defense and indemnification obligation will survive these Terms of Service and your use of the ourexplorer Website.

Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions and Comments

If you have any questions regarding these Site Terms or your use of the Site, please submit them to us via contact ourexplorer.