Last Revised: August 6, 2019
Great Experience Group Ltd. is an Israeli private company no.515975068, having its principal place of business atBen Yehuda 183, Apt 7, Tel Aviv, Israel (“GEG”, “we”, “our”). We hereby welcome you (“User(s)” or “you”) to our website at: www.phloc.io (the “Site” or the “Website“) which provides an online marketplace for phloc experiences designated specifically for photographers (professionals and amateurs), by other local private photographers (the “Services” and/or the “phloc experiences“). It is hereby clarified that the term ”Site“ shall include the services provided therein. You may only use the Site and the Services in accordance with the terms and conditions hereunder.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER INTO, CONNECT TO, ACCESS OR USE THE SITE AND/OR THE SERVICES IN ANY MANNER.
If you are an individual – You may only make orders on the Site if you are an individual who (a) is at least eighteen (18) years old (see section _26 below); (b) possesses the legal authority to enter into these Terms and to form a binding agreement under any applicable law; and (iii) possesses the legal authority to make payments via the applicable service methods, under any applicable law.
If you are a company – You hereby declare that: (i) the company possesses the legal authority to enter into these Terms and to form a binding agreement under any applicable law; and (ii) the person entering into the Site and making orders and/or payments thereon, possesses the legal authority to bind the company in such transactions, under any applicable law.
The Site is an online platform allowing Users to connect directly with one another, for providing certain touring Services, designated specifically for the photographers’ community (both professional and amateur). The Site allows photographers (hereinafter: “Guest(s)”) to connect directly with other guides (“Guides” or “phlocals“), who shall upload to the Site pre-planned tours / phloc experiences, located in the country / location of the Guide, and to book such phloc experiences.
The Site enables Guides to upload pre-planned phloc experiences, which they offer to guide. Each such phloc experience will include an accurate description (date, time, place, prices, and additional details to be determined by the Site, from time to time). Guests will be allowed to view the offered phloc experiences, and to choose a phloc experience they wish to participate in. The Site will enable the Guests to book a phloc experience, pay for it directly to the Guides (via external payment service providers), and thus create a binding obligation of both the Guide and the Guest, to participate in the phloc experience.
Please note: GEG is solely an intermediary technological-platform and is not affiliated with any specific phloc. Thus, GEG is not an official website of any specific Guide, tourism company, municipality, or government. In addition, GEG is not an employer, agent, affiliate and/or partner of any phloc, nor does it in any way represent any of the above. Furthermore, GEG will not guarantee (despite making certain efforts to verify in advance) that all Guides will in fact prove to be trustworthy, professional, or that they will provide the service in a timely and prudent manner.
Please further note: All Guides are independent service providers, and GEG does not endorse nor vet the quality of the Services provided by any specific Guide. GEG cannot ensure that the quality or the level of the Services provided by any specific Guide will satisfy your expectations.
We hope to facilitate the interaction between Guests and Guides for the purpose of allowing Guests to participate in the offered phloc experiences. However, GEG makes no representations or warranties, explicit or implied, as to the quality of the Services provided by the Guides on the Site. GEG shall have the right, but not the obligation (and not necessarily the technical ability), to monitor interactions between the Guests and the Guides, in accordance with its extant policies as shall be in force and effect from time to time.
The Site may provide additional comprehensive information regarding tourism, and about specific tourist destinations, and may include any other content related thereto such as contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, know-how, specifications materials, designs, data, the “look and feel” of the Site, GUI, interactive features and other features obtained from or through the Site (collectively, the “Content”).
ALL RIGHTS AND INTERESTS IN AND TO THE CONTENT AVAILABLE ON THE SITE (OTHER THAN THE USER GENERATED CONTENT, AS SUCH TERM IS DEFINED BELOW) ARE RESERVED TO GEG. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN AND THE USER GENERATED CONTENT (AS SUCH TERM IS DEFINED BELOW) ARE PROVIDED ON AN “AS IS” BASIS. GEG WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF, OR IN CONNECTION WITH, SERVICES PROVIDED THROUGH THE SITE, THE USER GENERATED CONTENT AND/OR THE CONTENT AVAILABLE THEREIN.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE, INCLUDING THE PURCHASE OF SERVICES FROM OTHER USERS AND ANY OTHER ENGAGEMENT OR INTERACTION WITH OTHER USERS, IS ENTIRELY AT YOUR OWN RISK.
The Site allows Guests to book phloc experiences with a Guide, either on a 1:1 basis (one participant in the phloc experience), or group phloc experiences.
Any transaction between a Guest and a Guide shall be done via the Site, directly between them, and GEG shall not be a party to such transaction.
Following the booking of a phloc experience between a Guest and a Guide, the Guest and the Guide are required to be in direct contact within 48 hours (via the Site).
As all communication between Guest and Guide will be direct, and Company shall have only limited possibility to supervise it (Company shall have access to all communications between Users over the Site, but not to any external communications between Users). Both parties are required to act decently and respectfully to one another, and in compliance with all applicable laws in their applicable jurisdictions.
GEG reserves the right to take actions against a User against whom complaints have been filed (including blocking such User’s account, initiating criminal proceeding, and/or reporting to the local police and providing it with applicable details), though it is not obliged to do so.
NON-CIRCUMVENTION: IF YOU ARE A PHOTOGRAPHER, YOU AGREE THAT FOR A PERIOD OF ONE (1) YEAR AFTER RECEIPT OF ANY SERVICES: YOU WILL NOT SOLICIT, BOOK OR RECEIVE – OUTSIDE OF THE SITE – ANY SERVICES NOT THROUGH THE SITE, FROM ANY GUIDE WHOM YOU HAVE KNOWN OR “MET” ON THE SITE, WHETHER SUCH SERVICES ARE RELATED TO THE SERVICES PROVIDED ON THE SITE, OR FOR NEW UNRELATED phloc EXPERIENCES OR SERVICES.
WITHOUT DEROGATING FROM ANYTHING ELSE CONTAINED HEREIN AND IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO GEG UNDER APPLICABLE LAW, IN THE EVENT OF ANY BREACH BY YOU OF THE FORGOING OBLIGATION, YOU SHALL PAY GEG ANY FEES OR COMMISSIONS WHICH WERE OTHERWISE DUE IF SUCH SERVICES HAD BEEN PROVIDED THROUGH THE SITE.
FURTHERMORE, AND WITHOUT DEROGATING FROM GEG’S RIGHTS UNDER ANY APPLICABLE LAW, GEG RESERVES THE RIGHT TO BLOCK ANY USER WHOM SHALL BE FOUND CIRCUMVENTING THE SITE, AND TO SHUT DOWN SUCH USERS ACCOUNT.
Entering the Site and viewing its content, does not require any registration.
In order to book phloc experiences on the Site, a Guest must register and create an account (“Account”). The registration is free of charge. Currently, registration shall only require submission of Guest’s full name, email address, and the photography equipment / gear that such Guest uses. You must provide accurate and complete information when creating an Account, and you agree not to misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.
GEG reserves the right to require additional information upon registration, including, without limitation, location of User (city and country).
The Site also enables registration via a User’s Facebook or Google account. Please note that if your register via such accounts, we may have access to additional profile information about you, including your picture. In such event, we reserve the right to present your details (including your picture) on the Site.
Your Account is password protected. In order to protect the security of your personal information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You are fully and solely responsible for the security of your computer system and all activity on your Account, even if such activities were not committed by you. GEG hereby reserves the right, at its sole discretion, to remove or reclaim any username at any time, for any reason including but not limited to, claims by a third party that such username violates certain rights, laws, or regulations.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED TO US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
The Site enables Guests to book phloc experiences with Guides.
Upon entering the Website, Guest will be presented with a list of possible phloc experiences (which may be sorted in accordance with various criteria, such as country, price, Guide, etc.). Please note that all details of the phloc experiences, and the full descriptions thereof, are provided solely and fully by the Guides, and GEG has no reasonable way to verify them. Thus, GEG will not be liable for any misleading or false description of a phloc experience, or to any missing details (whether material or not), in such description.
Notwithstanding the above, we ask that in the event that you encounter a material discrepancy between a phloc experience’s description and the actual phloc experience, you immediately notify us at firstname.lastname@example.org, in order to enable to minimize such additional future events.
In order to book a phloc experience over the Site, the Guest will be required to provide the number of Guests who shall come with him to the phloc experience (without it derogating from Guide’s permission to add additional participants), and to provide payment details.
Once a Guest books a phloc experience, the Guide shall have three (3) days to confirm the order. Only once the order is confirmed by the Guide, will the payment be drawn from Guest. Please note our “Order Cancellation Policy”, in section 10 below.
In the event that the Guide does not confirm the order within three days, the booking will immediately and automatically be revoked and cancelled. In such event, we will send you an email notification regarding such cancellation, within 48 hours of the cancellation.
Each phloc experience will be conducted in the language explicitly set forth in the description of the phloc experience. If not specifically stated otherwise, the phloc experience will be guided in the English language.
Please make sure that you have sufficient understanding of the language in which the phloc experience is expected to be guided.
Guest is required to bring his passport with him, to each phloc experience. Please note that certain sites may prohibit your entrance, if you show up without your passport.
Additionally, some of the phloc experience destinations may require security check upon entrance. All GuestGuests are required to come to all phloc experiences un-armed, and carrying no other illegal substances (in accordance with the laws of the country in which the phloc experience is held).
All phloc experiences will begin at the meeting point expressly stated in the phloc experience description (the “Meeting Point”). It shall be Guest’s sole and absolute responsibility to be at such Meeting Point, at least 10 minutes prior to the time booked. Please note that phloc experiences are required to start on time, and any delay – for any reason whatsoever – may cause Guest to miss his phloc experience. No refund shall be provided, in such event.
Guests are required to stay close to the Guide and to the group (if it’s a group phloc experience). If a Guest gets separated from the group, the Guide will be required to wait for such person for 5 minutes. If the Guest does not rejoin the guide within that time, the phloc experience will continue without such participant, and no refund will be provided.
Guest shall be required to come to the phloc experience, with all applicable required equipment, as detailed in the description of the phloc experience (such as adequate clothing, flashlights, cameras, etc.).
We call your attention to the fact that purchasing an insurance policy shall be Guest’s responsibility. Thus, Guest must ensure that he is properly insured, as neither the Guide’s insurance policies, nor GEG’s insurance policies, shall cover neither the Guest not any of Guest’s equipment.
Each participant in a phloc experience is required to act in accordance with all applicable laws and regulations. Without limiting the above, any sexual harassment of any of the other participants (whether Guides or Guests) is strictly prohibited. Furthermore, each Guest is required to act in accordance with applicable requirements of the phloc experience’s site. This may include wearing certain clothes, taking of your shoes, covering your head, etc.
The actual phloc experiences will, naturally, require a face-to-face meeting with the Guide, and – possibly – other Guest. Such meetings bear certain risks, as GEG is not able to verify the identity of the other users, their credibility, and/or their intents.
Despite GEG’s limited verifications (which do not include checking of criminal records), please be aware that such verifications are minimal, and insufficient. Therefore, you should take appropriate steps to verify the other participants’ identity (including looking into their social network profile), before you make a transaction with them. You should only conclude a transaction with another user if you are totally satisfied with their credentials, characteristics and who they say they are.
Furthermore, we recommend that the meeting place for your phloc experience is conducted in a public place, preferably with surveillance cameras. We also advise, as a further security measure, to be extra- cautious with respect to one-on-one phloc experiences.
Please note any phloc experiences that you make are solely at your own risk, and the Company will bear no responsibility whatsoever with regard to the outcome of such phloc experiences.
In the event you encounter any behavior which – in your opinion – may be harmful, threatening, harassing or unlawful, please report it immediately to us, at email@example.com. In addition, in extreme cases you should also consider turning directly to the local police and/or authorities, as the Company’s response may not be immediate.
The pricing of each phloc experience will be determined solely and absolutely by the Guides.
We call your attention to the fact that all prices will be charged in local currencies. If you do not have such currency in your payment service account, you (the Guest) shall bear the applicable currency conversion costs, which shall be charged by the applicable payment service provider.
GEG does not guarantee that the prices will actually be the lowest possible on the open market. Guest is advised to conduct its own research prior to making a formal Order, and shall have no claims towards GEG or towards the Guide, with respect to the Price of the phloc experience.
Please note that our policy is that the phloc experience price shall specify (and include) all costs and expenses related to the phloc experience (such as entrance fee to sites, transportation expenses during the phloc experience, etc.). If you encounter a Guide who demands additional payments, please notify us immediately.
For avoidance of doubt, unless explicitly stated otherwise in the phloc experinece’s description, the phloc experience’s price will not include any food, beverages, hotels, or transportation to the meeting point, or from the “end point”. In addition, the phloc experience’s price will NOT include any cameras, or other photography equipment, lighting effects, etc.
Guest shall be charged for the price of the phloc experience, immediately after the time at which the Tour was booked to start.
All payments on the website, shall be done via Stripe, or via future payment service providers, who shall be chosen by GEG, from time to time, at GEG’s sole discretion (“Payment Service”). Alternatively, payments may be made via credit card. Payments shall be made directly to the Site’s Payment Service, who shall disburse the funds between the applicable Guide, and GEG.
ALL PAYMENTS ON THE SITE SHALL BE MADE IN ACCORDANCE WITH, AND SUBJECT TO, APPLICABLE MANDATORY CONSUMER LAWS. UNLESS OTHERWISE SET FORTH HEREIN OR AS REQUIRED BY APPLICABLE CONSUMER LAWS, ALL PAYMENTS ARE NON-REFUNDABLE.
Any phloc experiences booked over the Site, shall be valid only for the specific phloc experience which had been booked (date and time). If Guest fails to participate in the phloc experience he/she had booked, for any reason whatsoever, no refund shall be provided to Guest, and Guest shall not be permitted to book a place in an alternate phloc experience.
We hereby call your attention to the fact, that the payment for the phloc experiences may be transferred to the Guide’s account approximately 24 hours after the phloc experience. Thus, in the event that you believe your payment should be refunded – due to the Guide not providing the promised Services – we urge you to contact us as soon as possible, in order to enable postponement of the payment under the matter is resolved.
After a booking has been made, and confirmed by the Guide, it should not be cancelled.
– If a cancellation is made at least 48 hours days prior to the phloc experience date – GEG will attempt to refund Guest’s payment (minus platform fees, and minus any applicable non-refundable fees paid to applicable payment service providers).
Note: refunds (full or partial) shall not be made, in the event that payments made to the Guide are non-refundable.
– If the cancellation is made less than 48 hours prior to the phloc experience date, no refund will be made at all.
Please note, that notwithstanding the above, cancellation of phloc experiences, either with or without sufficient prior notice, and whether a refund is made or not, may effect your ratings on the Site, by other users.
Please note that no cancellation will be permitted due to inclement weather conditions.
In addition, no refunds will be made in the event that Guest fails to show up for the Tour (for any reason whatsoever), or that Guest shows up but is unable to participate (such as due to health circumstances, or due to being drunk, under the effects of narcotics, etc.)
Therefore, no refunds will be made under such circumstances.
Notwithstanding the above, please note that the Guide may be entitled to cancel a phloc experience, in the event that it is of the opinion that risk factors are too high (such as inclement weather conditions, etc.).
In such event, your money will be fully refunded.
Please note that GEG shall only issue invoices with respect to fees received by it, and not with respect to payments made to the Guides.
Guest acknowledges that GEG does not confirm the information set forth under each Guide’s profile, its competency, the Guide’s background, nor the Guide’s proficiency, experience, level of English, etc. All such information is provided solely by the Guides, at their sole responsibility. You are thus advised to look up the applicable Guide’s website (or look up other relevant information), and the Guide’s ranking on the Site (if available) prior to booking any phloc experience.
GEG cannot and does not control the Services provided by Guides, nor does it have any way of monitoring them. Therefore, GEG shall bear no responsibility with respect to any actions or inactions relating to such Services. Accordingly, any Services ordered by Guest from a Guide is done directly between them, at the Guest’s sole risk, to the fullest extent permitted by applicable law.
Please note,hat any information you share with a Guide (such as your contact details), is delivered at your own risk, and GEG cannot guarantee that such information shall be treated confidentially by the Guide.
We strongly urge you to notify us if you believe that the Services include any unlawful acts on behalf of any Guide (in addition to contacting the appropriate legal authorities), or in the event that you believe that the Services provided by a Guide are unprofessional. In the future, we will also enable Guests to rank Guides following receipt of Services, provide reviews, and indicate their level of satisfaction following a phloc experience. Please make sure to provide accurate reviews, and refrain from any un-true ratings, which may harm Guides.
GEG does not guarantee your satisfaction from the Services provided. Naturally, not all Guides are at the same level or proficiency, nor are all the descriptions of the phloc experiences always accurate. Thus, we cannot guarantee your satisfaction from the Services actually provided.
In the event that you feel that the Services provided to you were unfair, or not properly presented to you over the Site, you can contact GEG, in which case we may try to contact the Guide, and seek an amicable solution (though we do not guarantee that any money will be refunded). Furthermore, once a “ranking” feature is added to the Site, you may also rank the Guide (subject to any applicable laws, including libel).
Guest hereby explicitly represents that it is properly insured prior to each phloc experience, and that it shall not have claims towards GEG and/or towards the Guide, for any damage caused to them during a phloc experience.
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site.
The Site, the Content, and any other proprietary assets of GEG, and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, software code, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (excluding the User Generated Content) (collectively, “Intellectual Property”), are owned by and/or licensed to GEG and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by GEG and its licensors. These Terms do not convey to you an interest in or to GEG’s Intellectual Property but only a limited, revocable right of use in accordance with these Terms. Nothing in these Terms constitutes a waiver of GEG’s Intellectual Property rights under any law.
To the extent you provide any rankings, feedback, comments or suggestions to GEG (“Feedback”), you hereby grant to GEG an exclusive, royalty-free, fully paid up, worldwide, perpetual, irrevocable, sub-licensable (directly and indirectly) and transferable license to incorporate the Feedback into any GEG current or future publications, marketing materials, products, technologies or services, and use same for any purpose it otherwise deems fit, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require GEG to comply with any additional obligations with respect to any GEG current or future products, technologies or services that incorporate any Feedback.
GEG’s marks and logos and all other proprietary identifiers used by GEG in connection with the Site (“GEG Trademarks”) are all trademarks and/or trade names of GEG, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to GEG Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto, and therefore you will avoid using any of those marks, except as permitted herein.
GEG reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, this Site (or any part thereof, including but not limited to the Content and/or the Services) at any time. In addition, you hereby acknowledge that the Content provided via this Site may be changed, extended in terms of content and form or removed, at any time, without any notice to you. You agree that GEG shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein.
The Site may allow you to upload, post, publish and make available your own copyrightable materials such as literary works, text, images, text material, photos and any other proprietary materials (the “User Generated Content”). Please be sure that while you use the Site you respect the proprietary rights, including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Site. GEG will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of, or in connection with, uploading any User Generated Content.
You hereby acknowledge and agree that the User Generated Content is non-confidential. You understand and agree that you are solely responsible for the User Generated Content you upload to the Site, and the consequences of posting or publishing such User Generated Content, on the Site, in any way. You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Site or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, trademarks, or any other intellectual property rights). It is the User’s responsibility to obtain any and all consents required under any applicable laws, regarding the posting of any personal information of others which is part of the user generated content, and to adhere to any applicable laws regarding such information.
In the event you upload any photographs to the Site, including such taken during phloc experiences, you must ensure that you have full permission from all persons whom appear in such photographs (including, without limitation, the Guides, any other participants in the phloc experiences, and any third parties). You are also required to verify that no photographs of minors are uploaded to the Site, without their parents’ / guardians’ consent.
Guest shall not, in any way, publish any data and/or content that:
– is in breach of any law, statute, regulation or by-law of any applicable jurisdiction.
– violates any order (including a court order), publishes any content whose publication is prohibited by law or court orders, or violates the provisions of censorship.
– is fraudulent, criminal or unlawful.
– associates the Site with obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political content.
Although GEG has no obligation to screen, edit or monitor any of the User Generated Content, GEG explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post on the Site at your sole expense.
As a viewer of the User Generated Content, you agree that if you find that any User Generated Content available on the Site is offensive, harmful, inaccurate, misleading or were posted in violation of these Terms, you may simply stop viewing such User Generated Content, and please contact our Misconduct Agent or our Copyright Agent, as applicable at: firstname.lastname@example.org.
When you upload, post, publish or make available any User Generated Content on the Site, you grant GEG a perpetual, non-exclusive, royalty-free, and worldwide license to publicaly display, communicate, distribute, host, publicly perform, publish, reproduce, make modifications or derivatives works, store and to use such User Generated Content, in connection with the Site, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future for the purpose of operating, marketing, promoting and improving our Site. You further acknowledge that GEG’s use of such User Generated Content may be for commercial purposes, and may generate income for GEG, which you shall not be entitled to any portion of.
You hereby agree that GEG may retain and use copies of your User Generated Content for archival, backup or any other purpose.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, GEG TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER GENERATED CONTENT UPLOADED, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY THIRD PARTY IN THE SITE, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS GEG LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER THIRD PARTY MAY ENCOUNTER. GEG MAY AT ITS SOLE DISCRETION BLOCK ANY USERS OF THE SITE FOR ANY VIOLATIONS OF THESE TERMS.
There are certain conducts which are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may also expose a User to civil and/or criminal liability. You may not (and you may not permit any third party to) unless otherwise explicitly permitted under these Terms: (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content and/or the Services for non-personal or commercial purposes, other than those explicitly permitted on the Site, without GEG’s express prior written consent; (c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of GEG or its licensors or of any third party, including but not limited to, any proprietary notices contained in such materials (such as ©,™, or ®), and you represent and warrant that you will abide by all applicable laws in this respect; (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use of other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that GEG endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, replicate, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made available by GEG on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to GEG’s proprietary rights, including GEG’s Intellectual Property, in any way or by any means, unless expressly permitted in these Terms and/or under any applicable laws which expressly permit such actions; (k) make any use of the Content on any other site or networked computer environment for any purpose, without GEG’s prior written consent; (l) create a browser or border environment around GEG’s Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content; (n) frame or mirror any part of the Site without GEG’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site is not intended; (r) infringe and/or violate any of the Terms; (q) upload any User Generated Content which include unsolicited promotions, advertising, contests or raffles; and/or (s) upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, or which it would be unlawful for GEG to use or possess in connection with the Site (including but not limited to any content which is defamatory, libelous, pornographic, indecent, harassing, threatening, abusive or fraudulent).
Each Guest is hereby strictly prohibited from recording any phloc experience provided to him, and/or from publishing and/or streaming (whether live or not) any such phloc experience, without the Guide’s and GEG’s prior written consent. For avoidance of doubt, no such limitations shall apply with respect to “stills” picture taken on the phloc experience,
We care for your safety. If you believe a User acted illegally and/or inappropriately, including (but not limited to) offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our misconduct agent at: email@example.com. GEG may at its sole discretion take any action including, but not limited to, blocking such User.
GEG respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to GEG’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit GEG to locate the material; (iv) information so that GEG can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. GEG’s copyright agent can be reached at: firstname.lastname@example.org.
GEG has the sole discretion to restrict and/or terminate access to the Site to Users who are deemed to be infringers of third party’s copyright works or Users who acted inappropriately as specified above.
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your website, products and/or services by GEG, and does not portray GEG in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to GEG’s Site, you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
The Site’s availability and functionality depends on various factors, such as communication networks. GEG does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
It is hereby clarified that the Services on the Site are NOT provided by GEG, but rather solely by the Guides. GEG does not receive any payments for the phloc experiences, but rather only fees for operating the Site (which is a marketplace for connecting Guides and Guests), and enabling the direct connection between the Guests and the Guides. All Guides are independent contractors, and are not employees, agents, and/or representatives of GEG.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA, INFORMATION AND SERVICES CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GEG, INCLUDING ITS VENDORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (“GEG REPRESENTATIVES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
THE SITE’S AVAILABILITY AND FUNCTIONALITY DEPENDS ON VARIOUS FACTORS, SUCH AS COMMUNICATION NETWORKS, HARDWARE, SOFTWARE AND GEG’S SERVICE PROVIDERS AND CONTRACTORS. WE DO NOT WARRANT OR GUARANTEE (I) THAT THE SITE IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS ON THE SITE, AND/OR (III) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AND/OR SERVICES AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). GEG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE AND/OR USER GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION AND/OR USER GENERATED CONTENT DISPLAYED WITHIN THE SITE.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN GEG (INCLUDING, WITHOUT LIMITATION, OTHER USERS ON THE SITE). WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SITE, THE USER GENERATED CONTENT AND/OR THE CONTENT AND/OR THE SERVICES, IS ENTIRELY AT YOUR OWN RISK.
THE SITE EXPLICITLY WAIVES ANY LIABILITY FOR PERSONAL INJURIES AND/OR OTHER DAMAGES OCCURING DURING phloc EXPERIENCES (whether such are included in the description of the phloc experience, whether such have no connection to the phloc experience (such as acts of terror or criminal acts), or whether such derive from additional / external services ordered by the Guest, either via the phloc, or otherwise). WE ALSO WAIVE ANY LIABILITY FOR OTHER PARTICIPANTS’ ACTIONS, INCLUDING SUCH WHICH ARE ILLEGAL OR IMMORAL.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
GEG’S RESPONSIBILITY IS LIMITED TO FACILITATING THE AVAILABILITY OF OUR SITE AND SERVICES. THE PARTICIPATION IN ANY phloc EXPERIENCE GUIDED BY THE gUIDES IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL GEG, INCLUDING GEG REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE SITE AND/OR THE CONTENT AND/OR USER GENERATED CONTENT AND/OR THE SERVICES, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OTHER SERVICES, AND/OR THE FAILURE OF THE SITE TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF GEG TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF GEG BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER GEG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, GEG’s TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO GEG FOR USE OF THE SITE, DURING A PERIOD OF 2 MONTHS PRECEDING SUCH CLAIM FOR DAMAGES OR LOSSES, OR EURO 200.00, WHICHEVER IS GREATER. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY; NONETHELESS, IN SUCH JURISDICTIONS – THE LIABILITY OF GEG SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless GEG, including GEG’s Representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Site; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or the Content and/or the Services; (v) the User Generated Content you uploaded to the Site; and/or (vi) GEG’s publication, distribution or use of such User Generated Content you uploaded to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
GEG may, at its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that your email address has not changed) regarding such change. Such material changes will take effect at least seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
At any time, GEG may discontinue your use of the Site in its sole discretion with or without any reason or prior notice, in addition to any other remedies that may be available to GEG under any applicable law.
Additionally, GEG may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that GEG does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property, Disclaimers of Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
Any dispute between a Guest and a Guide shall be resolved by such Users themselves in accordance with the regulations or guidelines provided to Users by GEG.
In the event that the parties fail to amicable resolve their dispute, GEG shall have the right to determine – at its sole and absolute discretion – whether to charge Guest or not, and whether to make any refunds or not. GEG’s decision with respect to any dispute shall be deemed final.
(a) These Terms constitute the entire terms and conditions between you and GEG relating to the subject matter herein, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and GEG, (b) any claim relating to the Site and/or the Content contained therein and/or the Services (and/or any payments related thereto) will be governed by and interpreted in accordance with the laws of the State of Israel without reference or regard to conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods is expressly excluded and shall not apply, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa district, Israel, provided, however, that nothing herein shall be deemed to preclude GEG from bringing any suit, enforcing any right or taking other legal action in your local jurisdiction or any other jurisdiction. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, GEG may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, (f) Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (g) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (h) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (i) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (j) no amendment hereof will be binding unless in writing and signed by GEG, and (k) the parties agree that all correspondence relating to these Terms shall be written in the English language.
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail and we will make an effort to reply within a reasonable timeframe: email@example.com.