Last Updated: May 4th, 2019
CityPals.com (CityPals) provides an online platform that connects tour providers with travelers. CityPals is based in Woodland Hills, CA, United States.
These terms and conditions (as amended from time to time, the "Terms") govern the use of 'CityPals.com' platform services (the "Services") provided by CityPals.com and access of such Services through the website www.CityPals.com (the "Site") or application for mobile devices (the "Application").
Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application or Services.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Site Visits" means services that a tour provider may provide to a traveler in relation to a specific travel destination (e.g. sightseeing, showing people around town, visiting local attractions, etc.). The services must comply with local and international legal regulations. Firms or legal entities cannot register and provide services as tour providers on the CityPals.com platform.
"CityPals Fee" means an amount due and payable by a Traveler for the Site Visits.
"Provider" means a User - a person who creates the Profile via the Site, Application and provides the Site Visits services.
"Traveler" means an individual who completes CityPals.com account registration process.
"User Content" means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site or the Application.
"you", "your" and "yours" means you a User of the Site or Application.
"we", "us" and "our" are references to CityPals.
On CityPals.com, a Provider is a person who wishes to share his personal experience with our Travelers for a set fee. Providers must meet all legal requirements to give tours in their country, City, or state. In some cases, this means that a specific license has to be obtained from an appropriate authority. If a Provider is only accompanying travelers, offers practical advice or shares his/her personal knowledge he/she may not require additional licensing.
Description of the Services
We provide an online platform for Providers and Travelers to meet online and arrange for a Site Visit directly with each other.
By using the Site or Application, the Travelers may create profiles (the "Profiles") that provide information about their knowledge of and experience with a specific destination, and may make themselves available to offer Site Visits as Providers. Based on the Profiles, the Travelers may select the Provider to provide the Site Visit.
All agreements made about Site Visits as well as payments are solely up to the Traveler and the Provider to decide and discuss among themselves.
Roles and responsibilities of CityPals
CityPals is not a tour operator nor is it a travel agent. CityPals does not provide the Site Visits or any other travel or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections, negotiation and booking platform between Travelers and Providers in arranging Site Visits(ii) processing payment transactions between the Travelers and Providers based on their mutually agreed upon schedule and Site Visits plan. With reference to above, you understand and agree that CityPals is not a party to any agreement between the Provider and Traveler in relation to the Site Visits.
All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application, is the property of CityPals and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Application.
Subject to your compliance with these Terms, CityPals grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to (i) access and use the Site and Application solely in connection with your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services.
You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).
You are responsible for any actions that take place while using your CityPals.com account. Keep your username and password secure and do not allow anyone else to use them to access the Services. CityPals is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
Requirements for the Travelers, Profiles and Site Visits
If you are a Traveler, you understand and agree that a Provider is not an individual involved in professional travel activities. A Provider is not always a licensed and/or qualified tour guide. He or she is a person, who has knowledge of certain area and wishes to share it with the Travelers so that they become acquainted with the area from a personal perspective.
As a Provider, you may create Profile where you can showcase a range personal information you wish to share with Travelers about you and your areas. The Profile will be made publicly available via the Services, and Travelers will be able to book Site Visits via the Site, Application and Services based upon the information provided in your Profile. Travelers will also be able to provide feedback on your Site Visits and rate you as a Provider. We will monitor all feedback obtained from Travelers, however we cannot be held liable for any derogatory or negative feedback received from Travelers.
If you are a Provider, you represent and warrant that your Profile and Site Visits (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.
Please also note that any Site Visit offered by a Provider must comply with the following requirements: (i) the Site Visit has to be delivered personally by the Provider who confirmed the booking, (ii) the Traveler may not be joined to Site Visits booked by or delivered to other Travelers.
User Interaction and Conduct
You are solely responsible for your interactions with other Users and Travelers, whether online or in person. CityPals assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users and Travelers of the Services. You agree to take reasonable precautions in all interactions with other Users and Travelers, and conduct any necessary investigation before meeting another person. CityPals is under no obligation to become involved in any disputes between Users, but may do so at its own discretion.
For communications about bookings all Users are offered a messaging tool on the site and the application. The messaging tool must be used in a professional, courteous manner and only in relation to planned Site Visits. We reserve the right to monitor all messages sent and received through the direct messaging tool and suspend any User account we suspect of abusing the messaging tool.
Sharing your contact details, such as your phone numbers, emails, links to other sites and social media accounts, is not allowed before a booking is confirmed and paid for. Use of the communication tools on the site and application for other purposes other than for planning and coordinating a tour or site visit is strictly forbidden. The restriction for sharing direct contact information between two Users is automatically lifted after a tour is booked and paid for between said users.
Attempting to communicate with a User off the site or application before a booking was confirmed and paid for or attempting to book a tour off the CityPals platform may lead to your account and profile being flagged or placed on hold or removed completely from the platform at the discretion of CityPals Staff. Also, by circumventing our platform, you acknowledge that you will not be able to receive our customer support in case of a dispute, or process safe and secure payment via our site or application, or receive payment or refund for a site visit that was not booked on our platform, or get reviews posted by a User on your profile.
Your communication and messaging on the CityPals platform can be reviewed by CityPals Staff. This is to provide you with better customer support should a conflict arise that requires CityPals Staff intervention.
In some cases, your messages or booking requests may automatically get flagged or blocked if a possible violation of our rules and regulations is detected by system. CityPals Support Staff are notified immediately if a message or booking request is flagged and at their discretion, they may release the message or booking request in accordance with the sites and application's rules & regulations.
You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than your Site Visits, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organization or belief.
When using the Site, Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorised access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the Services.
All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to CityPals a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.
It is CityPals' policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.
You are solely responsible for all User Content that you make available on or through the CityPals Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the CityPals Platform or you have all rights, licenses, consents and releases that are necessary to grant to CityPals the rights in and to such User Content, as contemplated under these Terms; (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or CityPals' use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) you will and hereby do indemnify and hold harmless CityPals, its employees, owners, and related parties from and against any third party claims and/or liabilities, including, without limitation, reimbursement for all damages, settlements, and reasonable attorney fees and costs, regardless of the form of action or claim that arises out of or is in connection a third party's rights in User Content you make available on or through the CityPals Platform.
We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If CityPals chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
You agree that CityPals, in its sole discretion, may suspend or terminate your User's account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
We reserve the right to terminate your access to the site for any reason or no reason. We reserve the right to use credit card processors or banks inside or outside the United States to process your transactions. In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.
In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User's personal identification information will be shared with legal authorities in cooperation for investigation.
If you are a Traveler and wish to book the Site Visit, you may do so either through the Site or Application. In case information provided in a Profile of a particular Provider is not sufficient for you to decide on the Site Visit or you have any special requests relating to the Site Visit, you will be able to discuss this with the Provider via a private messaging tool. In order to book the Site Visit and Contact the Providers, you will be asked to register on to the site and provide you name and email address at a minimum.
As a Traveler you are also entitled for a refund of 100% of the Site Visit Fee in case a Provider fails to arrive for the Site Visit within 30 minutes of the scheduled time. If as a Traveler you fail to arrive for the Site Visit within 60 minutes of the scheduled time you are not entitled for a refund, and the tour will be considered canceled by you. As a Traveler you have 24 hours after the end of Site Visit to initiate a dispute. If as a Traveler you do not cancel your booking prior to the required cancellation timeframe (set by the provider) the payment is not refundable.
Any refunds will be made by us within a commercially reasonable time of the cancellation or request for refund.
We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide to you.
Your use of the Site, Application and Services is without any warranty or guarantee and is entirely at your own risk.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.
You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.
CityPals reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that CityPals will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms constitute the entire and exclusive understanding and agreement between CityPals and you regarding the Site, Application and Services.
CityPals may assign its rights and obligations under these Terms to any party at any time without notice to you.
The use of the Services shall not create any joint venture, partnership, employment or similar relations between you and CityPals.
CityPals reserves the right to revise these Terms at any time. CityPals will inform you about any modification or change of these Terms by mail, on the Site or Application, via the Services or by other means deemed appropriate and adequate by CityPals. We will also indicate at the top of this page the date the Terms were last revised. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.
The failure of CityPals to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Services are rendered to you under and in accordance with State of CA law. Any dispute between you and CityPals is governed in all respects by CA law.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CityPals (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.