FUNGUIDE USER’S Agreement
WELCOME TO FUNGUIDE HEREBY REFFERED TO AS (“WE”, “OUR” “US”, OR “FUNGUIDE”) PROVIDES OR OWNS THIS WEBSITE. PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT. BY ACCEPTING THIS AGREEMENT, EITHER BY INDICATING YOUR ACCEPTANCE OR BY UTILIZING THE SERVICES (DEFINED BELOW), YOU SIGNIFY THAT YOU AGREE TO THIS AGREEMENT. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND FUNGUIDE AND SETS FORTH THE TERMS THAT GOVERN THE LICENSE PROVIDED TO YOU HEREUNDER. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THIS SITE. FUNGUIDE RESERVES THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY, UPDATE OR AMEND THESE TERMS FROM TIME TO TIME AND POST THE MOST UP TO DATE VERSION ON OUR WEBSITE. SUCH MODIFICATIONS AND UPDATES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU AGREE TO BE BOUND BY SUCH MODIFIED AND UPDATED TERMS IF YOU ACCESS OR USE THIS WEBSITE AFTER WE HAVE POSTED NOTICE OF SUCH MODIFICATIONS OR UPDATES.
SERVICES
FUNGUIDE is a unique and innovative freelance platform, intended to make traveler/ tourist travel planning easier, intuitive and faster by connecting the FITs (free independent Travelers) with independent trip experts through a single, independent and unconflicted marketplace to design a tailor-made itineraries planning. You agree and acknowledge that through this platform, FUNGUIDE does not sell anything to anyone and acts as a mediator between travelers/tourists and Itinerary planners.
REGISTRATION
In order to have access to this platform and to organize travel activities, you must first register and create an account on FUNGUIDE by providing personal detail relating to your name, e-mail, payment details and password. You also agree to these terms on your behalf. The FUNGUIDE has the right to suspend, terminate or cancel the account of any registered user at any time on account of misuse or fraudulent use of the account.
UNDERTAKINGS
By creating an account, you agree; (i) to provide us with, complete, accurate and true information; (ii) to ensure that your password remains confidential and secure; (iii) that you are fully responsible for all activities that occur under your Business Account; and (iv) undertake to promptly notify us in writing if you become aware of any unauthorized access or use of your account and/or any breach of these terms.
Overview (in a nutshell)
Term of use only apply to the users registered on FUNGUIDE. Account registration is free. You are solely responsible for your account confidentiality and security of your password. We do not provide any guarantee of the level of service offered to Buyers. Traveller/ tourist will pay FUNGUIDE in advance to create an order. For fees and payments please read the Payment Terms. Planner’s profile ranking will depend on his performance, reputation and status. Users may not offer or accept payments using any method other than placing an order through FUNGUIDE.
USER’S RESPONSIBILITIES AND OBLIGATIONS
While using this platform, you consent to comply with the following acceptable term and conditions and submit that;
You will provide true, accurate, complete and updated personal information like name, age, location or profile photo while registering or making profile on this site and refrain from providing fake, misleading, untrue or inaccurate information;
You will not conduct or promote any kind of illegal activity including by way of hacking, drug taking, self harm, human trafficking, terrorism, cracking or distribution of counterfeit software by using this platform;
You understand that your communications on the FUNGUIDE are not private or confidential and may be viewed by others.
OWNERSHIP RIGHTS
You agree and admit that this site and all the content found on this website including text, photographs, images, illustrations, audio clips, and video clips, are owned and controlled by us or our affiliates, sponsors and licensors and various third party service providers and distributers (collectively the “Providers”) and protected by copyrights, trademarks, service marks, and/or other intellectual property rights. In addition, the trademarks, logos, service marks, copyrights or other third-party intellectual property displayed or referred to on this website (collectively “the trademarks”) are the property of their respective owners independent of the FUNGUIDE and use on this website thereof does not constitute or imply endorsement.
You, without the prior written consent of FUNGUIDE or the service providers, are not allowed and restricted to copy, alter, modify, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use. Such modification of the Content, usage of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of us or the Providers, as applicable, violates the intellectual property rights and proprietary rights of the Content owners and is prohibited. Similarly, You may not use, on your website or otherwise, any registered or unregistered trademarks, service marks or copyrighted materials appearing on this website, including any logos or characters, without the express written consent of the real owner of the mark or copyright. Intentional infringement or Violation of trademark, copyright and other intellectual property laws may result in significant civil liability or criminal penalties under applicable law.
PROHIBITED ACTIVITIES
During the term, the FUNGUIDE website grants you a limited, non-exclusive and non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. While using this website, you are specifically prohibited and agree not to use or permit others to use for any of the following;
To use the platform in any way that is illegal or fraudulent, or has any unlawful or fraudulent purpose or effect;
To reproduce, resell, transfer, transmit or use any of the content or data found on the Website to any other computer, site or on another medium for commercial purposes;
To disseminate any threatening, harmful, illegal, harassing, libellous, abusive, vulgar, obscene, scandalous, inflammatory, pornographic, or profane or otherwise objectionable material or otherwise infringing any local or federal laws;
Transmitting material that encourages conduct that would be considered or constitutes a criminal offence, give rise to civil liability or otherwise violates or breaches any applicable laws, regulations or code of practice;
Knowingly transmit or upload data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware or adware designed to adversely affect the operation of site;
To interfere with any other person’s use or enjoyment of the site or unlawfully collude against another person in restraint of trade or competition;
Taking any action that imposes a burden or load on website’s infrastructure that FUNGUIDE deems to be unreasonable or disproportionate to the benefits FUNGUIDE obtains from your use of the site;
Disclosing to, or sharing with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose;
Attempting to decipher, decompile, disassemble, or reverse engineer any of the software;
Without the permission of the website, uploading, posting, emailing, or otherwise transmitting any Information, Content, or proprietary rights that you do not have a right to transmit;
The purpose of usage is to harm or attempt to harm minors in any way;
to transmit, any unauthorized or unsolicited advertising or promotional material or any other form of similar solicitation (spam);
You agree that If you infringe, violate or assessed or found by us committing infringement or violation of any of these Terms, your permission to use this website immediately terminates without the necessity of any notice. We reserve the right to deny access or terminate the account for any reason.
AGE AND RESPONSIBILITY
You affirm that you are of sufficient legal age to use this site and to be able to create or enter into a binding legal obligations and if you are under the age of 18, you are restricted or prohibited to use our site and services or you are required to use the site through an account owned by a parent or legal guardian with their permission. FUNGUIDE does not intentionally or knowingly collect or intended to collect, receive, use, share or distribute any personal information from children under the age of 18. We may delete your information from the site If we observe or believe that you are not up to the legal age or under 18 years
INFORMATION PRIVACY
The information or data provided by you about yourself to FUNGUIDE or otherwise collected by us will only be used in accordance with our privacy policy. You consent to the use of your personal information by FUNGUIDE and/or its third-party providers and distributors in accordance with the terms of and for the purposes outlined in our Privacy Policy.
TERM, TERMINATION
FUNGUIDE reserves the rights to suspend or terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including; (i) any improper use of this site; or (ii) your failure to comply with these terms and conditions; (iii) violation or misappropriation of FUNGUIDE intellectual property and (iv) breach of user agreement. FUNGUIDE may delete your data and all rights granted to you will terminate and revert to FUNGUIDE and its third party providers or distributors, as applicable.
Feedback Rights
To the extent that you provide us (either directly or through third party) with any reports, comments, suggestions, ideas or other feedback regarding the platform or the Site as a whole, as well as services (collective, the “Feedback”), you will be deemed to have granted us a worldwide, an exclusive, royalty-free, fully paid up, perpetual, irrevocable, ownership rights in the Feedback to use it for improvement or for any other purpose.
THIRD PARTY WEBSITES AND SERVICES
For your convenience and not as endorsement by the FUNGUIDE, this site may contain or includes links to other websites of third-party these websites or the services sold by them are not examined or scrutinized by us so you are advised to carefully review the terms and condition including privacy policy provided by these websites. Your access or use of these sites is at your own risk and none of us or our affiliates shall be liable or responsible for the content provided therein.
USER’S VIOLATION OF CONTENT POLICY AND PROTECTION
REPORTING OF VIOLATIONS If you believe or of the view that any content uploaded on this site (especially the intellectual property rights of you or third party) may violate our Terms of Service and/or not up to or meet our Community Standards, you are advised to report such violation to us via email or customer support services to redress your grievances.
ACTIONS if we observe or analyze that any users, against whom allegation is levelled, is involved in prohibited activities may receive a warning to their account for violations of our Terms of Service and/or our Community Standards which will be sent to the user's email address and will be displayed for such user on the Site. Your involvement in such activity may result into; or (a) limiting account activity; or (b) deletion of your account; or (c) losing statuses and (d) becoming permanently disabled based on the severity of the violation.
DISPUTES RESOLUTION AND CANCELLATIONS
If any dispute, claim or controversy arises between travelers and planners than FUNGUIDE will encourage the parties by giving them enough time to settle, resolve or evaluate the conflicts amongst themselves amicably first and then respond to FUNGUIDE accordingly. If for any reason this fails, parties are fully authorized to contact our Customer Support services to resolve the dispute. For the purpose of order cancellations and refund of payment, please refer to the Payment Terms.
DISCLAIMER
All content and services on this website, including third party services, are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. FUNGUIDE and any third party service providers and distributors do not warrant and disclaim the accuracy, completeness, currency or reliability of any of the content or data found on this site and such parties expressly disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, non-infringement, security, loss or corruption of your data, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. The content or material provided on this website is solely for your information and convenience only. FUNGUIDE and its affiliates or any person involved in the creation or production or this site do not warrant the uninterrupted, error free function of the website or the content available will be free of harmful components or viruses. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties including in the linked sites are those of the respective authors or distributors of such content. You use this website at your own risk and assume the entire cost of all necessary servicing and repair or correction of your system.
Contact / Messages / Customer Support
If you are of the view that certain contents on our offer infringe rights (specially the intellectual property rights of third party) or any term of this agreement is void or invalid, you should inform us as soon as possible via e-mail or feedback section of this site.
Our Customer Support team is available 24/7 and will respond you if you have any questions or query regarding the site or Terms of Service.
We also welcome your feedback, ideas and suggestions for improving our platform and praise (“feedback”).