Please read the Terms of Service carefully before continuing to use the Services provided by Actxplorer Private Limited (PTE LTD) (“Actxplorer”, “the Company”, “we”, “us” or “our”).

 

Actxplorer maintains the website at http://www.Actxplorer.com (“the Site”) and provides related Services (described in clause 2 of this Agreement) through the Site, subject to the following terms.

 

1. Acceptance of Terms

Your Acceptance

By accessing or using the Site or the Services provided in any manner, you by your conduct you have agreed to comply with and be legally bound by the Terms of Service, whether or not you subsequently become a registered user of the Service. If you do not agree to be bound by any of these terms, (which includes any subsequent updates, amendments or modifications), you do not have any right to continue using the services or obtain any information in relation to the Services and you must immediately cease use of the Services.

You hereby agree to the use of electronic communications in order to enter into this agreement, to create other records, and to the electronic delivery of notices, policies and records of transactions between you and Actxplorer with respect to this agreement.

 

Right to Modify

Actxplorer reserves the rights, at any time, to modify any or all parts of the Terms of Use, as well as any additional terms, conditions and policies referred to within the Site. Such modifications are effective upon the posting of the modified version of these Terms of Use on this page of the Site. Your continued use of the Site and the Services after such posts are made constitutes sufficient and constructive notice to you of such modifications.

It is your responsibility to review these Terms of Use periodically to ensure that you are materially aware of all current terms and conditions. Your continued use of the Site after such modifications constitutes acceptance of the new Terms of Use and that you agree to continue to comply with and be legally bound by the modified terms.

 

2. Access and Use of the Service

Services Description

Actxplorer is a peer-to-peer online platform that allows you to sign up for local experiences provided by registered hosts. The Service is designed to provide users access to information, deals, activities and offers (collectively, “deals”) regarding local activities and to provide local tour creators (“registered hosts”) a platform for providing you with such deals. Actxplorer only acts as a listing platform and payment gateway for registered hosts; we do not own, conduct or sell any of the tours featured on this platform. Neither do we provide any accommodation, flights or any other transportation services unless otherwise stated. All local experiences and tours belong to our registered hosts unless otherwise stated.

 

Registration Obligations of the User

You are required to register with Actxplorer in order to access and use certain features of the Site and its Services. Registration entails creating a Member Account through the Site accessible by a Password of your choice. If you are accessing the Site or Services through a third party site or service (such as Facebook), we may require that your user information be the same as your user information for that third party site or service. If you choose to register for the Service, you agree to provide true, accurate, current and complete information about yourself as required by the Registration Form. Failure to do so constitutes a breach of our Terms of Service and may result in the immediate termination of your Member Account. Registration data and certain other information you provide is governed by our Privacy Policy.  Actxplorer reserves the right to refuse registration or to cancel an account at its discretion. If you are under 18 years of age, you are not legally authorised to use the Service.

 

User or Member Account, Password and Security

You are responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account. You agree to (a) immediately notify Actxplorer of any unauthorised use of your account or any other breach of security, and (b) ensure that you sign out of your account at the end of each session when accessing the Service. Actxplorer will not be liable for any loss or damage arising from your failure to comply with these terms.

 

Right to Modifications of Services

Actxplorer reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice to the user. You agree that Actxplorer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

General Rules and Practices Regarding Use and Storage

You acknowledge that Actxplorer may establish general practices and limits concerning use of the Service, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Actxplorer’s servers on your behalf. You agree that Actxplorer bears no responsibility or incurs no liability for the deletion or failure to store any data or other content maintained or transmitted by the Service.

You acknowledge that Actxplorer reserves the right to terminate accounts that are inactive for a certain/extended period of time. You further acknowledge that Actxplorer reserves the right to change these general practices and limits at any time, at its sole discretion, and you are responsible for reviewing the most recent version of these Terms of Use and remaining informed about any modifications.

 

3. User Responsibilities

 

Actxplorer is an online marketplace that facilitates the interaction between interested parties seeking local activities or experiences (“Customers”, or “Guests”) and the individuals or organisations that provide these activities or experiences (“Hosts”). These activities and experiences are referred to as “Experiences”, “Trip”, or “Tour”. Each Experience will identify a Host in the description of the Experience. The Host can and may delegate a third party to conduct and fulfill the Experience on his behalf (“Facilitator”). In such cases, the Experience listed must clearly state this information and separately identify both the Host and the Facilitator as well as each party’s obligations and duties as Host and Facilitator respectively. The Host is solely responsible for providing the Experience and is solely responsible for all acts and omissions by its Facilitators (if any).

 

Customers may elect to purchase Experiences through the Services and the Site, and Actxplorer may facilitate communication between Customers and Hosts. Experiences are not included in the definition of Services that Actxplorer provides and all agreements and interactions related to the Experiences are directly between the Customer and Host and governed by this section of the Terms of Service. Actxplorer does not control the quality, safety, morality or legality of any aspect of the Experiences listed, the conduct of Customers, Hosts or any other participant in any Experience, the ability of Hosts to provide Experiences or the ability of Customers to pay for Experiences. Actxplorer acts solely as a peer-to-peer platform that allows people seeking an Experience to connect with people who provide the Experience.

 

User Conduct

You agree to take sole and full responsibility for all content, including but not limited to, text, photographs, videos, messages, or other materials, that you upload, post, publish or display or otherwise transmit or use via the Service, whether as a Actxplorer Creator, User, Customer, Host or otherwise. You agree not to post or otherwise transmit any content that is deemed illegal or prohibited by us. The following are examples of the kind of content that is deemed illegal or prohibited – any content that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, discriminatory or otherwise deemed objectionable by us. Actxplorer reserves the right to investigate and take appropriate legal action against any person who, in our discretion, violates this provision and to, without limitation, remove the offending content from the Service, suspend or terminate the account of the offender, and to report such persons to the relevant legal authorities.

 

User Rights & Responsibilities

You do not have a right to transmit under any law or under contractual or fiduciary relationships, any content that (i) poses or creates a privacy or security risk to any person, (ii) infringes on intellectual property or other proprietary rights of any other party, (iii) constitutes unsolicited or unauthorised advertising, promotional material, commercial activity and/or sales, junk mail, spam, chain letters, pyramid schemes, contests, lottery or sweepstakes, or any other form of solicitation, (iv) contains software or hardware viruses, or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment, or (v) is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Actxplorer or its users to any harm or liability of any kind.

 

You agree not to use the Service to:

1. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
2. solicit personal information from any person under the age of 18;
3. harvest or collect any contact information from other users from the Service or the Site by electronic or other means for the purpose of sending unsolicited emails or other forms of communications;
4. advertise or offer to buy and/or sell any goods or services for any unauthorised purpose;
5. interfere with or disrupt the Service, its servers or networks, or violate any requirements, procedures, policies or regulations of the Service networks;
6. violate any local, state, national or international laws or legal regulations;
7. promote or further any criminal activity or enterprise or provide information, instructional or otherwise, about illegal activities; or
8. attempt to access or obtain by any means any material or information not intentionally made available or provided by or through the Service.

 

Providing an Experience

As a Host, you will define the conditions of, and may supply the content and images to describe and illustrate, your Experience and its terms, by completing and submitting, or authorising an agent to complete and submit, a request to us. Submission of a request does not create a binding obligation on Actxplorer to accept all or part of the request or any of its contents. The Host agrees to accept all responsibilities and liabilities created by the contents and terms of their Experience, and for Actxplorer or any Customer’s use or reliance on such content and terms. If Actxplorer agrees to list the Experience, the Host accepts that we may promote the Experience through any method or medium of our choosing, including through e-mail, mobile applications and any other type of electronic interface or distribution channel owned, affiliated, controlled or operated by or through Actxplorer. We further reserve the right, but have no obligation, to promote the Experience through our Parent Company, affiliates and third party business partners from time to time.

 

As a Host, you agree to:

1. accurately describe the Experience in accordance with industry standards and laws and not make deceptive, false or misleading representations in relation to you, your Facilitators or the Experience advertised;
2. specify all generally applicable policies (e.g. booking and cancellation policies), restrictions and contractual arrangements applicable to the Experience;
3. provide the Experience without imposing restrictions or policies not stated in your listing;
4. not accept any gratuity or require additional payments (including taxes) in order to deliver the promised Experience;
5. comply with all local laws and regulations in offering and providing the Experience;
6. not solicit users to participate in an Experience from any other platform or circumvent any fees that are paid or would otherwise be payable to Actxplorer; and
7. obtain all required licences, consents, permits and allowances from any and all third parties involved with or related to the Experience.

You agree that Actxplorer incurs no liability for your failure to specify any rules or failure to comply with any relevant laws and regulations in relation to the Experience. You also agree not to use the personal information of a Customer provided to you by Actxplorer without the informed consent the Customer and that such information will only be used to communicate with the Customer with regards to the Experience and for no other purpose.

 

Delegation to Facilitator: If a Host chooses to delegate part or all of the Experience to a Facilitator, the Host accepts sole responsibility and liability for all of that party’s obligations, including financial obligations, and for all acts and omissions of the designated Facilitator. The Facilitator is required to comply with all applicable restrictions and obligations imposed on the Host under the Terms of Service and the Host is solely responsible for his financial and contractual relationship with the Facilitator.

 

Listing Conditions. By listing an Experience on the Site, you (a) warrant that you and all aspects of the experience comply with Actxplorer’s published policies and all applicable laws, (b) assume full responsibility for the content of the Experience offered, (c) understand that it is publicly available to be viewed and booked by any individual and (d) acknowledge and agree that the price and time you specify for that listing will constitute an essential part of a binding agreement between you and the Customer and agree to honor all registrations through the Site at the price and time listed.

 

Buying and Using an Experience

When buying and/or using an Experience, you, the Customer, makes the following representations to all relevant parties:

1. that you possess the legal authority and capacity to enter into a legally binding contract;
2. that any purchase of an Experience is only on behalf of yourself and/or on behalf of another person for whom you have the legal authority to act as his or her agent;
3. that when purchasing for another person, you agree that all references to “you” and “your” in these Terms of Service also includes all persons who you are acting as agent for and that you have the legal authority to bind such person(s) to the terms;
4. that you will comply with all local laws, including those with age restrictions;
5. that you will comply with the terms and conditions imposed by the listed Experience, without any modification and without imposing any restrictions or additional charges or penalties not expressly stated in the Experience;
6. that you will not solicit other Facilitators or Customers for any commercial or other reasons; and
7. that you will not publish, discuss or otherwise share the private addresses of Experiences with non-guests of such Experiences without permission from the relevant parties.

The Customer also agrees and acknowledges that a Host may refuse to provide an Experience in the event of a violation of any relevant terms, and may also refuse to provide a refund for any such purchase.

Recordings

Actxplorer may record or photograph Customers engaging in an Experience, and any such image or recording is owned by Actxplorer exclusively. You agree that, to the extent where your name, likeness or voice appears in any such image or recording, you grant Actxploter unrestricted use of that portion or portions of image or recording, for the purposes of promoting the Site and its Services.

Third Party Content

Actxplorer or other third parties may provide links or other access to other sites and resources on the Internet. In using the Service, you may be exposed to content and information such as text, files, graphics, images, photographs, audio, video, services or links, from other users or third parties (“Third Party Content), either at the Site or through its links to third party websites or pages. Actxplorer does not control or endorse, and is not responsible or liable for any Third Party Content that is posted on, transmitted through or linked from the Services. Such Third Party Content is the sole responsibility of its owner or creator. You understand that by using the Service, you may be exposed to Third Party Content that may be incomplete, offensive, indecent, inaccurate, misleading, unlawful or otherwise objectionable to you. You are responsible for reviewing any Third Party Content according to your standards and bear all risks associated with your continued exposure to or interaction with any Third Party Content. You acknowledge and agree that Actxplorer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any offers, content, events, goods or services available on or through any such site or resource. Any dealings you have with such third parties while using the Services are between you and the third party, and you agree that Actxplorer is not liable for any loss or claim that you may have against such third party.

4. Identity Verification

You acknowledge that Actxplorer does not pre-screen users, including third party users, and that we do not confirm or make any attempt to confirm the purported identity of any user. Nor does Actxplorer does not investigate the reputation, conduct, background of any user, nor attempts to verify any information submitted by a use to the Site unless required. We do not endorse any persons who use, or register for, the Services, whether as Customers or Hosts, or any Experience listed on the Site. You are responsible for determining the identity and suitability of those persons whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other users. Actxplorer encourages you to communicate directly with potential partners through the tools available on the Site and to review your Host’s profile page for feedback from other users. You may also wish to consider using a third-party service that provides additional user verification.

 

5. Release of Liability

To the extent permitted under applicable laws, you hereby release Actxplorer from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by us or any user of the Services, or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any Host or Customer; (c) any injury, loss or damage caused by another user, an Experience, or Content posted on the Services, whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services’ users’ communications.

 

6. Eligibility for Use

Age

These Services are only available for use, and may be used by, persons aged 18 and above. By continuing to use the Site and its Services, you warrant that you are at least 18 years of age and that all registration information submitted is true, accurate, current and complete. You may purchase Experiences on behalf of others who are under the age of 18 provided that the Experience allows for persons under such age, and that you have permission and authority to purchase the Experiences for these minors.

 

Registering on Behalf of a Host

If you are registering on behalf of a Host, you represent and warrant that you have the authority to bind the Host to these Terms of Service, and that the term “you” will also be deemed to mean the Host on whose behalf you have registered for the Services.

 

Legal Compliance

In using the Site and the Services provided, you agree that you will comply with all applicable domestic and international laws, statutes, ordinances and regulations, including, without limitation, any laws or regulations that require licences, and that you will use the Services in a manner consistent with all such applicable laws, statutes, ordinances and regulations.

 

Right to Refuse Access

Actxplorer may refuse to offer access to or use of the Services to any person or entity and to change its eligibility criteria in accordance with these Terms at any time.

7. Right to Cancel Account or Delete Content

Our Right to Cancel Accounts

Actxplorer reserves the right to, in its sole discretion,: (a) terminate your access to the Services, (b) deactivate or delete any of your accounts and all related content (including Experience listings), (c) restrict your access to any content on the Site or to the Services, or (d) decline, edit or delete any content that you post on the Site or through the Services that we deem unsuitable for publication.

 

8. Payment & Fees

 

Details on the fee structure, its components and cancellation for both Experience Providers and Actxplorer customers are available on our website page under Fees and Booking Policy

9. Privacy Policy

Privacy Policy of Actxplorer governs the handling, storage and use of information about you when you use our Site and when you receive electronic communications from us. The Privacy Policy is available at https://www.actxplorer.com/privacy and is hereby incorporated by reference. By using the Site, you agree to the terms of the Privacy Policy.

 

10. Intellectual Property Rights

Service Content, Software and Trademarks

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, video, graphics, music and sound, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”), and the entire contents of the Site are: (i) copyrighted or trademarked by us and/or our licensors under United States and international copyright and trademark laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Actxplorer owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Our Technology may not be copied, modified, reproduced, republished, posted, publicly displayed, publicly performed, transmitted, sold, transferred, offered for sale, used to create derivative works, redistributed, or in any way exploited any of the content, in whole or in part, except as otherwise expressly stated under copyright law, without our prior written express permission and the prior written express permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Site according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Actxplorer or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms of Use. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

The materials, information and content made available or displayed on the Site or sent to you through the Services, and any derivative works thereof, whether made by us or you (other than Your Content) are proprietary to us or our licensors. Subject to these Terms of Use, we hereby grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site solely in accordance with these Terms of Service. Except for Your Content, you may not: (i) use Content or any part thereof to develop products or technologies similar to the products of Actxplorer; (ii) reproduce, republish, modify or alter Content; (iii) distribute or sell, rent, lease, license or otherwise make Content available to others; or (iv) otherwise remove any text, copyright or other proprietary notices contained in Content without the express permission of Actxplorer. In addition, you may not make any use that exceeds or violates these Terms of Use. Any copy of the Content or portion thereof must include all copyright notices, information, and restrictions contained in, or attached to, any of the Content, and you must abide by the foregoing notices and restrictions. We are not responsible to ensure, and disclaim any responsibility for, your ability to open, use or view the Content we provide. As between you and us, we retain all right, title and interest in and to the Content (other than Your Content), and all related intellectual property rights. We reserve all rights not granted in these Terms of Service.

 

User Intellectual Property

As between you and Actxplorer, you shall retain all of your ownership rights in and to the content you submit or post. However, by contributing content, you grant Actxplorer a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers), fully paid-up, transferable license to use, reproduce, create derivative works from, publish, edit, translate, display, perform, transmit, adapt, modify, offer for sale, sell, distribute, have distributed and promote such content alone or as part of other works in any form, in any media or technology now known or hereinafter created and for any purpose, subject to the Privacy Policy as described in Section 9, and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the content that you may have under any applicable law under any legal theory. Your license of any content submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation. You represent and warrant that you have sufficient rights to grant us this license.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Actxplorer does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. You are entirely responsible for each individual item of content you submit or make available on the Site or the Services, and you agree that such content may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our users. Accordingly, you agree that we may authorize third parties, for example, entertainment publications, to republish all or parts of your Content for the purpose of promoting your Experience and / or Actxplorer You agree to indemnify and hold Actxplorer harmless if you do not have the rights in your Content stated in this Section.

 

 

11. User Notification Upon Modification of Terms

Actxplorer reserves the right to amend or modify the Terms of Use listed within the Terms of Service. The User has the responsibility to review the Terms of Service periodically such that you are aware of any amendments. Continued use of the Site by the User after any changes are made constitutes the User’s acceptance of the new Terms of Service.

12. Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS TERMS OF SERVICES UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.

13. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD ACTXPLORER (ITS PARENT COMPANY AND EACH OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) HARMLESS FROM ANY DIRECT CLAIM, THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATING TO YOUR PROVISION OF, USE OF, OR PARTICIPATION IN ANY EXPERIENCE OR SERVICE. ACTXPLORER WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU WILL REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.