General Terms and Conditions
These Terms govern your access to, usage of all content, Product and Services available at https://guideyourtour.com website (the “Service”) operated by TRIOSPHERE VENTURES (“GuideYourTour”, “us”, “we”, or “our”). These General Terms and Conditions (“GUIDEYOURTOUR GTC”), together with the Privacy Policy (https://guideyourtour.com/privacy-policy/) govern the use of the GuideYourTour online mediation platform (“GuideYourTour Platform”), which can be accessed through (i) https://www.GuideYourTour.com, and certain other websites powered by GUIDEYOURTOUR (collectively the “GUIDEYOURTOUR Website”), and (ii) certain mobile apps published by GuideYourTour (“GUIDEYOURTOUR Apps”).
The GUIDEYOURTOUR Platform is available to users worldwide. Certain portions of these GUIDEYOURTOUR GTC will apply to you only if you reside in a specific country or region.
All Countries (Except the US): If you reside anywhere in the world except for the United State of America, Appendix A applies to you.
United States of America: If you reside in the United States of America (including its territories and possessions), Appendix B applies to you. Appendix B includes a mandatory, binding individual arbitration clause, which means that you agree to submit most disputes related to the GUIDEYOURTOUR Platform, our services, or these GUIDEYOURTOUR GTC, to binding arbitration rather than proceeding in court. You may opt-out of arbitration only by following the procedure in Appendix B. Appendix B also includes a mutual waiver of class actions or jury trials.
3.2 You can filter the list of Activities by different parameters. The discovery wizard will show you Activities that match your criteria and are offered by a specific Vendor. If more than one Vendor is able to offer an Activity that matches the criteria entered in the discovery wizard, the applicable Activities will be displayed in an order based on the factors including popularity, diversity, availability, cancellation rate, rating, performance over time, and amount of revenue generated.
3.3 In the interest of a fast and smooth process, you may direct questions about your booking to the GuideYourTour customer service at Contact us ⎸GuideYourTour. As commercial agents, we support the Vendors in this process. We usually answer within 24 hours, or at the latest usually within 48 hours.
3.4 We reserve the right to make the use of the GUIDEYOURTOUR Platform, individual functions of the GUIDEYOURTOUR Platform or the extent to which individual functions can be used, subject to certain conditions, such as the payment behavior of the User (e.g. in the case of prior bookings) or the presentation of certain proof (e.g. proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Activities, or cancel Activities you have booked, in the case of suspected fraud, violation of these GUIDEYOURTOUR GTC, or violation of obligations under the Service Agreement, which become known to GuideYourTour.
3.5 We are not obligated to improve, extend (update/upgrade) or make available the content, functions and services provided via the GUIDEYOURTOUR Platform. We may discontinue our services and performances at any time; there is no right to continuation. However, if you have already concluded a Service Agreement with a Vendor, Section 15 applies to you, i.e. the Service Agreement.
4.3 You may only create one GUIDEYOURTOUR Account for yourself. You may not transfer the account to anyone else.
5.1 Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to download, install and use the GUIDEYOURTOUR Apps on your mobile device; provided that your installation and use of the GUIDEYOURTOUR Apps is solely (i) for your personal use and for non-commercial purposes, and (ii) in accordance with the restrictions and limitations set forth in this Agreement. You may not copy, transfer, lease, loan, modify, adapt, create derivative works of, redistribute, or sublicense the GUIDEYOURTOUR Apps and, if you sell your mobile device to a third party, you must remove the GUIDEYOURTOUR Apps from the mobile device before doing so. You may not reverse-engineer, disassemble, attempt to derive the source code of the GUIDEYOURTOUR Apps, or any part thereof, except where such restriction is expressly prohibited by applicable law. All rights not expressly granted to you hereunder are reserved to us and our licensors.
5.2 GuideYourTour may from time to time in its sole discretion develop and provide GUIDEYOURTOUR Apps updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that GuideYourTour has no obligation to provide any Updates or to continue to provide or enable any features or functionality. Based on your Mobile Device settings when your Mobile Device is connected to the internet either:
You shall promptly download and install all Updates and acknowledge and agree that the GUIDEYOURTOUR Apps or portions thereof may not properly operate should you fail to do so.
You further agree that all Updates will be deemed part of the GUIDEYOURTOUR Apps and be subject to all terms and conditions of these GUIDEYOURTOUR GTC.
5.3 You acknowledge that when you download, install, or use the GUIDEYOURTOUR Apps, GuideYourTour may use automatic means (including, for example, cookies, SDKs and web beacons) to collect information about your mobile device and about your use of the GUIDEYOURTOUR Apps. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the GUIDEYOURTOUR Apps or certain of its features or functionality. All information we collect through or in connection with the GUIDEYOURTOUR Apps is subject to our Privacy Policy. You can control certain data processing activities by choosing not to give your consent when prompted by the GUIDEYOURTOUR App.
7.2 GuideYourTour is entitled to receive the invoiced amounts in the name of and on behalf of the Vendor (as a commercial agent), unless otherwise expressly stated in the Vendor’s invoice. With the successful payment to GuideYourTour, you have fulfilled your payment obligations towards the Vendor with a discharging effect. If claims are to be paid in a currency other than your local currency (foreign currency claim), GuideYourTour may (in its role as a commercial agent) collect payment in your local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.
7.3 We are your contact in connection with a Service Agreement and payment therefore as the commercial agent of the Vendor. If you wish to request a refund of the Booking Price outside of our cancellation policy, you may contact us. We will then contact the Vendor, and the Vendor will determine in its discretion whether to honor the refund request. A refund granted by the Vendor can be processed by the Vendor through us.
7.4 You must provide payment information truthfully and update it immediately in the event of changes. The means of payment permitted for the Activity will be displayed to you in the order process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you select.
7.5 In some cases you will not pay the Booking Price to GuideYourTour, or directly to the Vendor, but to another company that we have appointed to process the payment as a sub-agent. These payments are subject to the same terms and conditions as payments made directly to us, so nothing changes for you. You will have also fulfilled your payment obligations with the successful payment to the sub-agent with a discharging effect towards the Vendor. If you have questions relating to payment, you can contact our customer service team via Contact us ⎸GuideYourTour.
7.6 By authorizing payment, you consent to your payment information being used to collect payment for the Vendor. We reserve the right to make the use of the payment function or individual payment methods on the GUIDEYOURTOUR Platform dependent on a check of the required creditworthiness.
8.4 Unless there are different cancellation conditions specified in the description of the Activity on the GUIDEYOURTOUR Platform, in the Vendor T&Cs, or on the Activity voucher/ticket, the following cancellation conditions shall apply:
a) For cancellations more than 24 hours before the start of the Activity: full refund of the Booking Price; and
b) For cancellations 24 hours or less before the start of the Activity or in case of no-show: no refund.
9.3 You are obligated to ensure that you are entitled to the necessary rights of use for images before uploading the User Content. In particular, images or photos where we could see other people may only be uploaded to the GUIDEYOURTOUR Platform if these persons gave their consent. If you want to use pictures that have been taken by a person other than you, you also need the consent of this person.
9.4 The public accessibility of the User Content may not violate legal provisions, morality and/or the rights of third parties; in particular, you may not upload and/or make publicly accessible any User Content with depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content or depictions.
9.5 You retain ownership of any User Content you create. You grant to GuideYourTour a non-exclusive, sublicensable (through one or more tiers), worldwide, fully-paid and royalty-free license, in any and all media now known or hereafter discovered or developed, to use, reproduce, adapt, translate, make derivative works of, modify, perform, publicly display, publicly perform, transmit, and distribute the User Content including (i) on or through the GuideYourTour Platform, (ii) on or through GuideYourTour’s partners, and (iii) in online and offline marketing materials.
9.6 We may remove User Content as necessary and at our sole discretion. For example, GuideYourTour may remove User Content if, in our opinion, it violates our obligations under Sections 9.2-9.4. We are not obligated to keep copies of User Content or to provide such copies.
9.7 GuideYourTour, its affiliates, sub-agents and their (distribution) partners, may display advertisements and other information next to or together with the User Content on the GUIDEYOURTOUR Platform as well as on other media. You are not entitled to any compensation for such advertisements. We reserve the right to make changes to the type and scope of such advertising measures; we will not notify you of such changes.
10.2 You will find detailed information on how to exercise your data protection rights in the Privacy Policy.
14.1 Conclusion of contract with the Vendor
14.1.1 If you select and purchase an Activity on the GUIDEYOURTOUR Platform, you conclude a contract directly with the Vendor. When concluding the contract, we act as the commercial agent of the Vendor.
14.1.2 After checking the availability of the Activity, you add the respective Activity to the shopping cart by clicking the button “Book Now”. After clicking the button “Checkout”, you will be asked for further mandatory information, in particular the payment method, which must be completed.
14.1.3 By clicking the button “Pay now” at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the Vendor that will provide the Activity. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Vendor. This order confirmation does not constitute an acceptance of the offer.
14.1.4 The Vendors may provide their own terms and conditions in their respective listings on the GUIDEYOURTOUR Platform (“Vendor T&Cs”). Please read these Vendor T&Cs carefully, because they may contain important information for you, e.g. regarding cancellation options or conditions. Nothing in the Vendor T&Cs shall affect your relationship with us, or our legal rights. In the event of a conflict between a provision of the Vendor T&Cs and a provision in Section 9 of the GUIDEYOURTOUR GTC, the provision that is more beneficial to you shall govern the relationship between you and the Vendor.
14.1.5 We accept the offer in the name and on behalf of the Vendor once you receive a booking confirmation issued in the name and on behalf of the Vendor and, if applicable, have access to a voucher or ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.
14.1.6 The contract between you and the Vendor is not set out in a separate contract text. The content of the contract results from the ordered product (i.e. the description of the Activity selected by you), applicable provisions in Section 14 of these GUIDEYOURTOUR GTC, and – if applicable – the Vendor T&Cs.
14.1.7 You must immediately check the order confirmation to ensure that all data has been entered correctly.
14.2 Prices
14.2.1 In most cases, Posted Prices quoted are inclusive of all taxes and fees. However, it is possible that additional local taxes or fees are levied locally. If additional taxes or fees will be levied locally, this will be disclosed in the description of the Activity.
14.2.2 The Posted Prices set by the Vendors may be subject to special provisions, for example, with regard to cancellations and the refund of payments. You must independently check before booking whether the respective Vendor prescribes deviating conditions.
14.3 Provision of the Activity
14.3.1 You must arrive on time at the meeting point indicated by the Vendor. Please also take note of the Vendor T&Cs. If you are traveling to the Activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.
14.3.2 The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity that involves outdoor or high-risk activities. We do not operate tours, employ guides, or set safety standards for Activities.
14.3.3 Vendors are independent contractors and not agents or employees of GuideYourTour. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Vendor, or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or Activity.
14.3.4 For time and deadline calculations, the time zone of the Vendor shall be decisive.
14.4 Further rights of the Vendor
14.4.1 The Vendor may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Vendor and are beyond the Vendor’s control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the Activity. In this case, the Booking Price paid for the canceled Activity will be refunded.
14.4.2 The Vendor may exclude you from an Activity if (i) you do not meet the requirements for participation specified on the GUIDEYOURTOUR Platform, (ii) you would endanger yourself or others through your participation, or (iii) you disrupt the implementation of the Activity in any way. In these cases, the Booking Price paid for the Activity will not be refunded.
14.4.3 The Vendor may make immaterial changes to the program of the Activity at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the Activity, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed via the GUIDEYOURTOUR Platform.
15.2 We may amend or adjust these GUIDEYOURTOUR GTC in the future, e.g. to take into account changes in the law, market changes ,or regulatory gaps. We will then inform you of this in good time and in an appropriate manner. If you object, we or you can terminate your GUIDEYOURTOUR Account or your access to the GUIDEYOURTOUR Platform with immediate effect.
15.3 All notices and other declarations transmitted within the framework of these GUIDEYOURTOUR GTC must be made in writing (e.g. by email).
15.4 The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these GUIDEYOURTOUR GTC or any purchase made pursuant thereto.
15.5 The contract between you and us is formed and entered into in Penang, Malaysia.
15.6 In these GUIDEYOURTOUR GTC, (i) “including” means “including but not limited to,” (ii) general words shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things, and (iii) words suggesting the singular include the plural, and vice versa. Captions and section headings used in these GUIDEYOURTOUR GTC are for convenience only and shall not be used in construing the GUIDEYOURTOUR GTC.
15.7 Intellectual Property Notice: “Guide Your Tour” or “GuideYourTour” or “guideyourtour.com” and its associated logo are trademarks owned exclusively by TRIOSPHERE VENTURES. Any unauthorized use, reproduction, or modification of our trademarks without explicit written permission from TRIOSPHERE VENTURES is strictly prohibited and may result in legal action. TRIOSPHERE VENTURES reserves all rights to enforce its intellectual property rights to the fullest extent permitted by law.
Appendix A
Clauses Applicable to Residents of All Countries (Except Residents of the U.S.)
A1 Scope. These GUIDEYOURTOUR GTC are directed exclusively at consumers within the meaning of the (CONSUMER PROTECTION ACT 1999).
A2 Liability.
A2.1 Except as set forth in Section A2.2, our maximum liability arising out of or in connection with the performance of our contractual obligations to you shall be limited to the typically foreseeable loss or damage arising from a negligent breach of a fundamental contractual obligation. A “fundamental contractual obligation” under these GUIDEYOURTOUR GTC is an obligation, the performance of which is essential to the proper performance of these GUIDEYOURTOUR GTC and the breach of which jeopardizes the purpose of these GUIDEYOURTOUR GTC and its performance upon which you as a user may regularly rely. Loss or damage is typically foreseeable if it was typically foreseeable at the time these GUIDEYOURTOUR GTC were accepted. We exclude our liability and the liability of vicarious agents for damages caused by a negligent breach of a non-essential contractual obligation.
A2.2 Nothing in these GUIDEYOURTOUR GTC shall exclude or limit the liability of us or our agents or servants for gross negligence, intentional injury, death, personal injury, or fraud. Likewise, any further-reaching mandatory statutory rights as a consumer shall remain unaffected.
A2.3 The above limitations of liability do not apply if we fraudulently conceal a circumstance to the standard of the GUIDEYOURTOUR Platform or should guarantee a certain functionality. The same applies to any claims of the User under the CONSUMER PROTECTION ACT.
A2.4 No liability shall exist in cases of force majeure, including but not limited to: failure of electronic or mechanical equipment or communications, acts of third parties (including denial of service attacks and excessive or abusive use of the GUIDEYOURTOUR Platform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, severe weather including floods, regulatory or other acts of regulatory, governmental or supranational authorities, war, riots or labor disputes.
A2.5 You always have the option to prove to the Vendor that he has not incurred any damage at all or that the damage is significantly lower than the cancellation fees demanded by the Vendor.
A3 Indemnification
A3.1 Damages in the sense of clause 12.1 also include compensation to which we are exposed to our vicarious agents (as defined by Malaysian law) or assistants because of the occurrence of one of the events described in Section 12.
A3.2 The above obligations in Section A3.1 shall only apply if you are responsible for the occurrence of any events described in Section 12 or violations of these GUIDEYOURTOUR GTC, i.e. you have acted intentionally or in a negligent manner, and that misconduct directly resulted in the event(s) or violation(s) described above. .
A4 Online Dispute Resolution. The online dispute resolution platform of the ASEAN Commission can be accessed here. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
A5 Governing Law.To the extent permitted by mandatory local (consumer) law of the country in which you reside, these GUIDEYOURTOUR GTC and our services will be governed by Malaysian law.
Appendix B
Clauses Applicable Only to Residents of the U.S.
B1 Warranty Disclaimers. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE MAKE NO, AND HEREBY SPECIFICALLY DISCLAIM ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE ACTIVITIES AND SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. The GUIDEYOURTOUR Platform is provided “as is,” without warranty of any kind, either express or implied. We do not warrant that (i) the GUIDEYOURTOUR Platform will meet all of your requirements or that performance of the GUIDEYOURTOUR Platform will be uninterrupted, virus-free, secure, or error-free, or (ii) the content on the GUIDEYOURTOUR Platform will be complete, accurate, or free from technical defects or changes by unauthorized third parties. We are not responsible for the accuracy or completeness of Vendor-provided data.
B2 Activity-Related Liabilities.
B2.1 Injury Incidents. You (and any other person for whom you made a booking for an Activity (a “Co-Traveller”)) agree and understand that Activities are provided by Vendors, not by GuideYourTour. Vendors are independent third parties that are not under the control of GuideYourTour. In the event that you or a Co-Traveller is injured, killed, or suffers a loss during or in connection with an Activity (an “Injury Incident”), you agree to seek compensation directly from the Vendor that provided the Activity, not from GuideYourTour or its affiliates, subsidiaries, distribution partners, or their respective officers, directors, employees and agents (the “GuideYourTour Parties”).
B2.2 Release. YOU, ON BEHALF OF YOURSELF AND ANY CO-TRAVELLERS , HEREBY RELEASE THE GUIDEYOURTOUR PARTIES TO AND FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES, AND LIABILITIES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES), WHETHER OR NOT NOW KNOWN, SUSPECTED, OR CLAIMED, RELATING TO ANY INJURY INCIDENT, WHICH YOU EVER HAD, NOW HAVE, OR MAY IN THE FUTURE HAVE.
B2.3 Unknown Claims. California Civil Code section 1542 provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You agree that you have read and understand this language. You specifically and expressly WAIVE any and all rights you may have under California Civil Code section 1542 (or any similar statute) as they relate to the release in this section. You acknowledge and agree that this waiver is an essential and material term of these Terms.
B2.4 Covenant. You covenant and agree never to commence, prosecute, or cause, permit, or advise to be commenced or prosecuted against any GuideYourTour Party, any action at law or equity, or other proceedings (including arbitration), based upon any Injury Incident. If any such prohibited action or proceeding is instituted, these Terms may be pleaded as a full and complete defense thereto.
B2.5. Third-Party Beneficiaries. The GuideYourTour Parties are expressly named as third-party beneficiaries to this Section B2. Each of the GuideYourTour Parties has the right to enforce this Section B2 against you as this Section B2 pertains to its respective rights as a third-party beneficiary.
B3 Liability Limitations.
B3.1 Waivers. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL BE NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY STATED HEREIN.
B3.2 Maximum. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IF GUIDEYOURTOUR IS HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING YOUR USE OF GUIDEYOURTOUR’S SERVICES, YOUR PARTICIPATION (OR NON-PARTICIPATION) IN AN ACTIVITY, OR AN INJURY INCIDENT), THEN GUIDEYOURTOUR’S LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SUM PAID TO GUIDEYOURTOUR IN CONNECTION WITH THE ACTIVITY GIVING RISE TO THE CLAIM (IF APPLICABLE), OR (B) TWO HUNDRED DOLLARS (US $200.00).
B3.3 Allocation of Risk. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PROVISIONS IN THIS SECTION B3 REPRESENT A REASONABLE ALLOCATION OF RISK AND THAT THE GUIDEYOURTOUR WOULD NOT ENTER INTO AN AGREEMENT ABSENT SUCH PROVISIONS. In no event shall we be liable to you for any acts or omissions of any Vendor.
B4 Arbitration.
Please read this Section B4 carefully, it may affect your rights. This section provides for resolution of most disputes through arbitration instead of court trials. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This Section B4 shall survive termination of your GUIDEYOURTOUR Account.
B4.1 Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to the GUIDEYOURTOUR Platform, our services, these GUIDEYOURTOUR GTC, and your relationship with us (or our subsidiary, parent or affiliate company or companies), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including the interpretation and scope of this arbitration clause and the arbitrability of a dispute (collectively, “Claims”). All Claims will be resolved by binding arbitration, unless expressly excluded from arbitration as set forth in Section B4.4.
B4.2 Opt Out. Notwithstanding Section B4.1, you may opt out of binding arbitration by following the Opt-Out Procedure here and mailing us a written notice, by the Opt Out Deadline. The opt-out notice must be postmarked no later than 30 calendar days after the earliest of (i) the date you first used the GUIDEYOURTOUR Platform, (ii) the date you first used our services, or (iii) the date of your first transaction with us (“Opt Out Deadline”).
The written notice must be sent to the following address: TrioSphere Ventures, No.34, Lorong Endah 1, Taman Brown, Sg Gelugor, 11700, Gelugor, Pulau Pinang, Malaysia. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.
B4.3 Governing Law for this Clause. The parties agree that these GUIDEYOURTOUR GTC evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law.
B4.4 Excluded Claims. The following claims are not subject to binding arbitration and may be litigated in a judicial proceeding in a court of competent jurisdiction (as specified in Section B5): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger of the commission of a crime, hacking, or cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, either of us may take a claim to small claims court, if the claim qualifies for hearing by such a court, subject to the limitations specified in Section B5.
B4.5 Arbitration Process. For all disputes, whether pursued in court or arbitration, you must first send us a written description via a form available at Contact us ⎸GuideYourTour of your claim to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute is not resolved within 60 days of our receipt of the claim. The arbitration of any dispute or claim shall be conducted (i) before one neutral arbitrator, (ii) in English, (iii) under the Arbitration Rules of the International Chamber of Commerce (“ICC Rules”) together with the IBA Rules on the Taking of Evidence in International Commercial Arbitration (1999) (the “IBA Rules”) (where there is inconsistency, the IBA Rules shall prevail, but solely as regards the taking of evidence). Neither party is permitted to make any application pursuant to 28 U.S.C. § 1782. The arbitrator shall be empowered to award only those damages which are permitted in these GUIDEYOURTOUR GTC, subject to any disclaimers or damages and liability limits set forth in these GUIDEYOURTOUR GTC. The award rendered by the arbitrator shall include costs of the arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephone hearing, or the arbitrator determines that an in-person or telephone appearance is required. Hearings by telephone shall be preferred, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in New York, New York, unless otherwise ordered by the arbitrator.
B4.6 Class Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this Section B4 will not apply to you. If you opt out of binding arbitration in accordance with Section B4.2, this class action waiver will not apply to you. Neither you, nor any other consumer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having opted out of binding arbitration in accordance with Section B4.2.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
B5 Governing Law. Except as specified in Section B4.3, these GUIDEYOURTOUR GTC are governed by the laws of the State of New York, without regard to its conflict of laws rules.
B5 Venue. Any legal suit, action, or proceeding arising out of or related to these GUIDEYOURTOUR GTC or our services (including (i) any proceeding initiated by a User who has opted out of binding arbitration in accordance with Section B4.2, and (ii) any small claims proceeding) shall be subject to the exclusive jurisdiction of the State and Federal Courts located in Kings County, New York. Each party irrevocably consents to the personal jurisdiction of such courts and agrees that it is a convenient forum and that it will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
B6 Jury Waiver. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
If you have any questions about these Terms of Use, please contact us at
su*****@gu***********.com
Last Updated: July 7, 2024
