NaviTour Terms of Use


These Terms of Use are entered into by and between You and NaviTour, a Maine corporation with a mailing address of 104 Hall Street, South Portland, Maine (“NaviTour”).  NaviTour provides an online service that connects customers with a variety of tour guides who are independent contractors (the “Guides”) through the NaviTour App www.mynavitour.com (the “App”). NaviTour provides services through the App and/or over the phone and/or by email to customers (“You”) who access the App, which includes booking guided tours and related services (the “Tours”) from the Guides.

 

The App allows the Guides to market themselves and the Tours to customers in search of tour guiding services.  Furthermore, the App allows users to book guided tours, post reviews, and process payments. As stated, the Guides are independent contractors, and as a result, NaviTour does not publish, create, sell, control, offer, deliver, or supply any guided Tours, and when You book a tour through the App, you are entering into a contract directly with a Guide, which are facilitated by the Services provided by the App and NaviTour. In no event shall NaviTour be deemed a party to any agreement whereby You book a Tour from a Guide. NaviTour is not responsible for the Tours published on the App or for guiding services marketed on the App.

Scope of Services

NaviTour operates the App that allows the Guides to upload and publish their Tours as independent contractors, and allows You to search and book Tours, post reviews and process payments.

 

Acceptance of Terms of Use


The following terms and conditions together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the App.  Please closely read and review the Terms of Use in their entirety before you use the App. You accept these Terms of Use by clicking on the [I Accept the Terms of Use] button at the bottom of the page.  By accepting these Terms of Use, you agree to be bound by the Cancellation Policy and Privacy Policy, as they are incorporated by reference into these Terms of Use. When You access the App and/or use our Services, You hereby represent and warrant that:

 

  • You have read, understand, and agree to comply with and be bound by these Terms of Use;
  • You are an individual at least 18 years old or a business entity, or other legal entity in good standing under the laws of the state or province, municipality, and/or country in which You are incorporated, organized, or otherwise formed; and
  • You are able to enter into legally binding contracts.

     

You may not access and/or use the App if you do not agree to be bound by these Terms of Use.

 

Rules of the App

You agree to and accept the following provisions:

 

  • The App shall be used exclusively for the purposes indicated herein and not for any illegal or unauthorized purposes;

     

  • You will not provide personal contact details to the Guides before they accept a booking request;

  • You will not use the Guide’s information for any purpose other than in connection to Services or in relation to a Tour contracted through the App;

  • Prior to the Tour You will exclusively communicate with the Guide through the use of the App;
  • NaviTour and the Guides may contact You using the contact information provided in your Account; and
  • The App may contain links to third-party Apps which are subject to different terms and conditions. NaviTour is not responsible or liable for the content and/or services provided or offered on any such third-party Apps.

 

Prohibited Uses

 

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:

 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  • To impersonate or attempt to impersonate NaviTour, a NaviTour employee, another user, or any other person or entity including, without limitation, by using email addresses or screen names associated with any of the foregoing; or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm NaviTour or users of the App, or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App;
  • Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
  • Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
  • Use any device, software, or routine that interferes with the proper working of the App;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App;
  • Attack the App via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the App.


Tour Booking

You may use the App to search for Tours and Guides without prior registration. However, to book a Tour, You will be required to register on the App, open an account, and complete your account profile (“Account”).

NaviTour reserves the right to refuse anyone from opening an Account and/or remove an Account without notice and liability, for any reason, at the sole discretion of NaviTour.

 

You are solely and exclusively responsible for the accuracy of your Account and for any claims relating to any inaccurate or incomplete information that You provide.

Guides upload Tours that are listed on the App. Each Tour contains a description of, and items included in the Tour as well as an itinerary of the Tour (“Tour Terms”). You may contact the Guide to request a custom Tour or with inquiries regarding specific Tours. 

 

A binding contract is formed between You and the Guide when your booking request is purchased. The Guides have the right to accept or reject your booking requests for any reason at the Guides’ discretion.

 

Virtual Tours

If You book a virtual tour on the App You agree with the following:

  • NaviTour may access any virtual tour session for technical quality purposes;
  • The Guide owns all of the rights to the virtual tour and grants You a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to access and use the virtual tour for personal and noncommercial purposes only; and
  • NaviTour is not responsible for any damages or technical malfunction of any hardware, network, or systems related to, or resulting from, the participation in a virtual tour, including any injury or damage to any participant and to any person’s computer.

 

Payment

You must make payment of Tour bookings by credit card or other form of accepted payment through the App.

Reviews

You may be able to post Guides’ ratings and reviews (“Reviews”) and the Guides have the option to respond to such Reviews on the App. Any Review that you post on the App will be considered non-confidential and non-proprietary. By providing Reviews on or through the App, You agree that:

 

  • You grant to NaviTour the right to use, reproduce, modify, display, distribute and otherwise disclose to third parties any such materials for any purpose. These rights shall survive termination of your Account on the App.
  • You have the right to publish Reviews and grant the license granted above to NaviTour.
  • The use of your Reviews by NaviTour does not violate the rights of any third party.
  • You understand that other App users will access your Reviews.
  • You shall not publish a Review that: (i) is fraudulent, false, or misleading; (ii) is defamatory, obscene, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iv) promotes illegal activities, or (v) otherwise violates these Terms of Use.

 

We reserve the right to remove, without prior notice, any Reviews for any reason.

Reviews do not reflect the opinion of NaviTour, and NaviTour shall have no liability for such Reviews.

Cancellation Policy

You agree with the terms of the Cancellation Policy and understand that any cancellation by You or by a Guide, and any related refund, will be processed according to the Cancellation Policy.

NaviTour may cancel any booking, in its sole discretion and judgement, acting in good faith, for any reason. Any refunds in accordance with the Cancellation Policy will be sent back to the original payment method used in making the booking.

 
NaviTour and the Guides are not responsible for any incidental expenses You and/or any other participant may have directly or indirectly incurred as a result of the booking of a Tour. These expenses include, but are not limited to, the cost of visas, accommodation, vehicle rental, vaccinations, flights and/or loss of enjoyment.


You understand and agree that due to the ongoing disruptions related to the Covid-19 pandemic the Tours itineraries may be subject to changes that are out of the control of the Guide. You agree that only changes that substantially impact the Tour itinerary will entitle You to cancel such Tour without cost.


Intellectual Property

The App and its entire contents, features, and functionality including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (“Proprietary Material”) are exclusive property of NaviTour, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, download, use, edit or retransmit any Proprietary Material, in whole or in part, without the prior written permission of NaviTour.

 

Trademarks

The NaviTour name, logos, trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of NaviTour or its affiliates or licensors. You must not use such marks without the prior written permission of NaviTour. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.

 

Independent Contractor Relationship

You understand, acknowledge and agree that all the Guides are independent contractors and not employees, agents, joint venturers or partners of NaviTour.

You hereby understand and expressly agree that NaviTour does not direct or control the Guides generally or in their performance during the Tours, including, but not limited to, quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Guides, nor the integrity, responsibility or any of the actions whatsoever of the Guides. All Tours are uploaded and published by the Guides without any prior control and/or verification from NaviTour.

Acceptance of Risk and Waiver of Liability

NaviTour does not make any representations or warranties regarding risks associated with any travel destination and is not liable for any damage or loss that may arise out of, or in connection with any Tour. You acknowledge that travel involve risks and some Tours may involve a significant amount of personal risk. NaviTour encourages You to educate yourself about any risks, skill proficiency, health risks, and/or fitness level inherent to the Tour by communicating with the Guides and conducting independent research.

You hereby assume all such risk and You, your, heirs and assigns hereby agree to release and hold harmless NaviTour its parent, subsidiaries, affiliates, directors, and employees from all liabilities and claims that arise from damages of every kind and nature, known and unknown, both pecuniary and non-pecuniary, including but not limited to, illness, bodily injury, disability and death to You and/or any other Tour participant, that may arise out of, or in connection with, the participation in a Tour.

Indemnification

You agree to defend, indemnify, and hold harmless NaviTour, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) (i) arising out of or relating to your violation of these Terms of Use, (ii) your use of the App or Services, (iii) your participation in a Tour, including any damages, whether to persons or property, or death to any person, and (iv) your Reviews, including any infringement of any rights of third parties. 


Force Majeure

NaviTour shall be relieved from liability for partial or complete failure to fulfill obligations under these Terms of Use due to circumstances beyond NaviTour’s reasonable control, including but not limited to: (i) acts of God; (ii) flood, fire, earthquake, epidemics, pandemics, or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (iv) government order, law, or actions; (v) embargoes or blockades; (vi) national or regional emergency; and (vii) shortage of adequate power or transportation facilities.

Changes to the App

NaviTour may update the content on the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

 

Amendments to the Terms

NaviTour may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when the changes are posted. Your continued use of the App and Services following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page frequently so that You are aware of any changes, as they are binding to You. 

 

Term and Termination

NaviTour may terminate these Terms of Use at any time by sending You an email to your registered email address or by physically mailing such notice to your address provided in your Account, which shall be effective immediately upon delivery of such notice. If We terminate these Terms of Use, We may cancel any of your bookings and refund You the amounts previously paid for those bookings.

NaviTour may, at its sole discretion and without notice, terminate these Terms of Use at any time, and/or cancel or limit your access to your Account if You have materially breached any obligation under these Terms of Use. When these Terms of Use have been terminated, You are not entitled to a restoration of your Account.

In the event of termination or expiration, the following sections shall survive: Acceptance of Risk and Waiver of Liability, Indemnification, Term and Termination, General Provisions, and 

Governing Law.

General Provisions

(a) Waiver. Failure by NaviTour to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

(b) Entire Agreement. These Terms of Use and documents incorporated by reference constitute the entire agreement between You and NaviTour with respect to the subject matter of these Terms of Use.

(c) Severability. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain remain in full force and effect.

(d) Successors. These Terms of Use shall be binding on You and NaviTour, and their successors and assigns.

(e) Notice. Any notice or other communication to be given hereunder will be in writing or electronic mail to any of the following addresses: to NaviTour 104 Hall Street South Portland, ME 04106 and info@mynavitour.com and to You: to the address and email listed in your Account.

 

Governing Law

 

These Terms of Use, Services, and all other aspects of the use of the App shall be governed by and construed in accordance with the laws of the state of Maine.


Dispute Resolution

A party shall send written notice to the other party of any dispute. The parties agree to first attempt in good faith to resolve by negotiation and consultation between themselves any legal controversy or claim arising out of or relating to your use of the App, Services, or disputes with NaviTour. Within thirty (30) days of its receipt of the written notice, the receiving party shall submit to the other party a written response. 

 

Arbitration

If for any reason any dispute has not been resolved in a reasonably timely manner, NaviTour at its sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maine Law.