This Agreement sets forth the terms and conditions between Stella Novus Ltd and
users who set up a tour guide profile. This agreement specifically limits our
liability.
1. General Stella Novus connects you with heritage travellers who
are
seeking to obtain tours and heritage travel related services. We do this through our
platform, www.ancientroutes.com, which is a content product about heritage traveling
that connects its visitors with tour guides across the globe. As well as maintaining
the website, Stella Novus handles customer service through telephone and email,
markets the website through various means including search engine optimization, pay
per click programs, public relations and advertising. You understand that You are an
independent contractor and not an employee of Stella Novus. You acknowledge that
communication between You and our visitors may be monitored by Stella Novus for
quality control and training. You represent and warrant to Stella Novus that You are
aware of and are in compliance with any licensing and legal restrictions that may be
placed on the delivery by You of any tours or travel related services. You further
acknowledge and agree that You shall be solely responsible for the supply of any
equipment required for a particular tour or travel services provided by You pursuant
to the terms of this Agreement, and that You shall ensure, prior to the commencement
of any such tour or travel services, that such equipment is in good working order
and complies with all applicable safety standards.
2. Acceptance as a Tour Guide
Only Professional Tour guides may apply to become a Stella Novus Tour Guide. Upon
application through the Site, Stella Novus will begin the acceptance process.
Details of this process may include telephone interviews, submission of documents,
checking of references and completion of training and examination. Stella Novus may
make use of a third-party verification service in order to perform background
checks. These services may verify information such as name, address, vat number, and
criminal background. The success of the Stella Novus concept is based on the quality
of the experience that You as a Tour Guide deliver. Therefore we are highly
selective in the people we choose to work with. We are committed to the success of
our Tour Guides. Therefore, we may not accept additional Tour Guides in a particular
area if we feel that the demand is satisfied by existing Tour Guides. Acceptance as
a Tour Guide is at the sole discretion of Stella Novus and we reserve the right to
refuse anyone for any reason.
3. Use of Site and Services Stella Novus connects You
with heritage travelers who are seeking tours and travel related services. We do
this through our website, www.ancientroutes.com. Upon our acceptance of You as a
Tour Guide, You may use the Site to create a profile of yourself, and utilize the
calendar to indicate your availability.
4. Information Provided by You You are
responsible for providing accurate, timely and complete information to us in
connection with your use of the Site. Stella Novus is not responsible for any claims
relating to any inaccurate, untimely or incomplete information provided to us by
You. Stella Novus will only use your information in accordance with our Privacy
Policy. Stella Novus will use its best efforts to ensure the privacy of all other
personal information, however we expressly disclaim any liability for any damage
that may result should any information be released to any third parties. You hereby
agree to hold Stella Novus harmless for any damages that may result.
5. Grant of
Limited License By posting content to the www.ancientroutes.com Site,
You:
a) grant
Stella Novus and its affiliates and licensees the right to use, reproduce, display,
perform, adapt, modify, distribute, have distributed, and promote the content in any
form, anywhere and for the purpose of selling and marketing Stella Novus or your
tour offerings;
b) warrant and represent that You own or otherwise control all of
the rights to the content and that use of your content by Stella Novus does not
violate the rights of any third party.
c) in the event that content you upload to
our Ancient Routes website violates the rights of a third party, you agree to
indemnify us against any losses and liabilities that may result from the action of
such third party against Stella Novus.
6. Transactions Travelers seek the services
of Tour Guides through the use of the Site. Travelers book the Tour Guides through
the Site and Stella Novus collects only a booking fee. Stella Novus will process
refunds or credits for our errors or other extenuating circumstance.
7. Booking Fee
In order to compensate Stella Novus for its services, Stella Novus charges a fee of
10% of the cost of the tour. This percentage is set when your application is
accepted. Stella Novus may reduce this fee at any time, either permanently or for a
limited period. It may be increased only upon 60 days notice to You.
8. Refunds
Travelers may request a refund of the amount paid for a tour or tour service. In the
event that a refund is made, only the amount actually received by the Tour Guide (if
any), less our booking fee will be paid.
9. Privacy Stella Novus is committed to
ensuring the privacy of the information You give us. Our Privacy Statement is
located on the Ancient Routes Site.
10. Disclaimer of Warranties YOU EXPRESSLY AGREE
THAT THE USE OF THIS SITE IS AT THE YOUR SOLE RISK. STELLANOVUS DOES NOT WARRANT
THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. THE SITE IS PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability and
Remedies Under no circumstances will Stella Novus be liable to You for
any indirect,
incidental, consequential, special or exemplary damages arising from any provision
of this Agreement. Any notice or other communication to be given hereunder will be
in writing and given by facsimile, postpaid registered or certified mail return
receipt requested, or electronic mail.
12. Indemnification Upon a request by Stella
Novus, You agree to defend, indemnify, and hold harmless Stella Novus and other
affiliated companies, and their employees, contractors, officers, and directors from
all liabilities, claims, and expenses, including attorney's fees, that arise from
your use or misuse of this Site. Stella Novus reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by You, in which event You will cooperate with Stella Novus
asserting any available defenses.
3. Modification of the Terms of this Agreement
Stella Novus reserves the right to make changes to this Agreement from time to time.
Stella Novus shall provide notice to You of any substantive and/or material changes
to this Agreement or any policies posted on the Site. Such notice shall be by email
and posting on the Site.
14. Term of Agreement This Agreement will become effective
immediately your use of the Site and shall remain effective unless terminated by
either party as provided hereunder. Either party may terminate this Agreement by
providing the other with written or email notice of such termination which shall be
effective immediately upon delivery of such notice to the other party. Furthermore,
Stella Novus may terminate this Agreement immediately for any breach of this
Agreement, the "Tour Guides Rules of Conduct" or any applicable policy of Stella
Novus as posted on the Site from time to time. In the event of termination or
expiration, the following sections shall survive: Term of Agreement; Ownership;
Disclaimer; Limitation of Liability; Notice; and General Provisions. Should You
violate the terms of this Agreement, Stella Novus reserves the right to terminate
your use of this Site immediately at its sole discretion.
15. Legal Claims For all
disputes between Stella Novus and You relating to the Site, this Agreement,
transactions facilitated or conducted through the Site, tours and travel services
ordered or purchased through the Site, dealings between You and Stella Novus, or any
related matters ("Disputes"), the parties will attempt to find the least onerous
solution to the Dispute. If a Dispute cannot be resolved by the parties, then the
Dispute must be resolved before a court of competent jurisdiction.
16. General
Provisions Failure by Stella Novus to enforce any provision(s) of this
Agreement
shall not be construed as a waiver of any provision or right. These Terms of Use,
and all other aspects of use of the Site, shall be governed by and construed in
accordance with the Irish laws. Nothing in this Agreement shall be construed as
making either party the partner, joint venture, agent, legal representative,
employer or employee of the other. Neither party shall have, or hold itself out to
any third party as having, any authority to make any statements, representations or
commitments of any kind, or to take any action, that shall be binding on the other,
except as provided for herein or authorized in writing by the party to be bound.
