Terms and Conditions
These terms and conditions set out the agreement between tourHQ Limited (Formerly known as Agami Enterprises Limited), doing business as tourHQ.com or tourHQ and users who access our website (“Agreement”).
The terms “we”, “us”, “our” and “tourHQ” refers to tourHQ Limited, a company incorporated under the laws of Hong Kong, and/or our subsidiaries. The term “user” and “you” refers to the customer visiting the website and/or contributing content on this website.
By accessing or using this website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully.
In our experience, the quality of a holiday greatly depends on the quality of the tour guide or the travel service provider. Whilst there is a great trove of information on each destination available online, the task of which tour guide to employ can be a confusing activity. This website aims to bridge the gap by providing a platform for tour guides and travellers to connect directly.
The terms “tour guide” or “guide” on this website loosely refers to all people who may provide services to a traveller such as, but not limited to, guides who may take a traveller through an historical monument, on a scuba diving session, on a sky dive, a hot air balloon ride, on a fishing boat or even on a simple hike as well as the travel companies who may organize activities for travellers at the destination. The term “traveller” on this website also includes travel agencies and other such organizations that may be planning itineraries or tours for their clients.
This website also provides a platform for a tour guide’s past customers to write reviews about their experience such that future clients may be able to make more informed decisions on which tour guide to go choose. The service also gives a method wherein potential customers will be able to interact with past customers to ask specific questions about their experiences. The profiles shared on this website are not verified by tourHQ, and we strongly urge potential travelers to exercise due caution while dealing with people who may claim to be tour guides on this website. Furthermore, we leave it up to the judgment of the traveller whether to pay any money in advance or not. We cannot be held liable for any loss or damage suffered by any traveller who may rely on information available on this website.
Use of the Website
The use of this site constitutes an agreement to all the terms and conditions contained in this Agreement. You further warrant that you understand and agree to and accept all the terms and conditions contained herein.
As a condition of your use of this website, you warrant that (i) all information supplied by you on this website is true, accurate, current and complete, (ii) if you have a tourHQ.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our website. tourHQ does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
If you do not accept all the terms and conditions and the Agreement, please do not use this website. Please refer to this page periodically to view the latest terms and conditions. We reserve the right to amend any or all of the conditions contained herein without prior notice, and your continued access of the site would amount to your consent to such a modified agreement.
Copyright and Trademark
All materials contained on the website tourHQ.com are protected by copyright laws. Access to the site does not grant you any right to the intellectual property rights of the material available. It is prohibited to copy, imitate or produce derivative works in any manner, or display, frame or mirror it by any means without the prior permission of tourHQ. You cannot monitor or copy the content on this website using any technology such as Robot, Spider, Scraper or any other automated or manual means without our permission.
The brand, the logo, the content and the overall look and feel of the website is the copyright of the company and may not be copied or imitated any manner or by using any technology.
In case you believe any content on tourHQ is violating your copyright, please contact us at firstname.lastname@example.org with the details, and we will conduct an investigation if we feel necessary to do so.
Reviews and Forums.
Reviews are an invaluable source of information to other customers. A guide or a travel company who registers with tourHQ by virtue of this Agreement submits and agrees to be reviewed and rated by the users of this website. Furthermore, he agrees that such a review and rating be displayed to the general public. tourHQ cannot be responsible for checking the accuracy of such a review or rating, and consequently cannot be responsible for any loss of revenue or any other harm or distress caused by any review published, even if it were to be determined at any time that the review was fraudulently or maliciously posted. In the event that a guide or travel company disputes a review in any way, he should contact tourHQ by writing to email@example.com and describing the details of the problem. It is solely up to the discretion of tourHQ as to whether to act on such information or notice. tourHQ cannot be held responsible for failing to act on such information or notice.
Participation on online forums helps generate a vibrant exchange of information. By submitting a message, information, photo, video, sound or any data in any format, (collectively referred to as “Content”), to any section of this website by any means, you grant tourHQ and its affiliates a royalty free, perpetual, irrevocable and sub- licensable right to display or publish the Content in question by any means and anywhere in the world we deem fit. Furthermore, you allow us to modify, adapt, translate or to create derivative works of the Content as we deem fit. You cannot hold tourHQ responsible for any loss or damage, financial or otherwise that you may suffer on account of granting tourHQ such right. You acknowledge and agree that your submissions are not confidential and nor are they proprietary. tourHQ will not be responsible or held liable for any harm or damage caused if the user uploads copyrighted or trademarked Content.
tourHQ provides a platform for guides and travel companies to showcase their talents and offerings, for past travellers to share their opinion and for the overall community to discuss issues that any traveller may need clarity on. Though we do not have any obligation to monitor the platforms provided or the Content, we may chose to do so, and retain absolute right at our discretion to edit or delete any Content without giving any reason. We also do not take any responsibility for any Content that our users may upload, post or provide links to on our website. We are also not responsible for any mistakes, libel, slander, obscenity or pornography that you may encounter on the website. Please ensure that if the Content is important, you save what you need as this service is not intended as a storage platform. We can delete data at any point of time without giving advance warning and will not be held responsible in any way for doing so.
tourHQ provides travellers the ability to post their requirements for guiding and other travel related services at their destination. Guides and other travel companies at the destination can view these requests, and chose to respond to them. To be able to respond to these requests, guides and travel companies will be required to use credits. The number of credits required could vary, depending on a number of factors. A guide or a travel company can purchase credits from tourHQ online. These credits will have an expiry of 12 months from the date of purchase. A guide or travel company shall ensure that they use these credits before expiry.
The tourHQ user will ensure that the job requirements that are posted do not contain any contact information such as phone numbers, email addresses etc. Once a job request has been submitted, tourHQ admin reserves the right to moderate any job request submitted to ensure compliance with its terms and conditions.
When a guide or a travel company responds to the traveller, however, they are free to share their contact information.
The traveller can receive proposals from multiple interested guides and travel companies and then interact with each of them to request for amendments or tweaks to the itinerary as desired. Eventually, the traveller will select the travel proposal that he deems to be the best.
Given that a traveller will consider multiple tour proposals, and would also consider tour options outside of tourHQ, tourHQ cannot guarantee that a travel proposal submitted will lead to a confirmed assignment. A guide or a travel company should only respond to those assignments that they feel they are well qualified for, and should ensure that they craft a good and comprehensive response to the traveller. It is likely that a guide or a travel company may need to submit responses to multiple guiding requests before they are awarded any guiding assignment. Please visit our FAQs on further advice on this aspect, if you want more information.
General Restrictions on type of content that can be posted
You warrant that by using the platform provided by our website, you will not submit or publish in any manner any content or links to such content:
That would violate any local or international laws.
That would be considered libelous, defamatory, pornographic, obscene, harassing, threatening, inflammatory or objectionable in any way.
That would impinge on anyone else’s intellectual property rights without having got their express approval.
That you may know or believe to the best of your knowledge to be false, misleading or fraudulent or
That may be completely irrelevant or unrelated to that particular area.
That you may post whilst attempting to impersonate someone else.
That may include private information of any third party including without limitation names, social security numbers, credit card details and such.
That may potentially harm the website, the systems or cause a problem or corruption of the data in any way or that can cause a similar problem in the computers or systems of any visitor to our website.
That tourHQ may find objectionable in any way, or inhibits the use of the site as intended, or that exposes tourHQ to harm or liability in any way.
If we believe you have violated the terms and conditions, we maintain the sole right and discretion to delete your account or restrict your access to certain parts of the website.
tourHQ will not be liable for any fake accounts or any persons masquerading as guides. tourHQ advises the users to conduct due diligence before firmly engaging the guide or travel company. Conversely, tourHQ will not be liable for any fake accounts of users or persons masquerading as potential customers.
Although most travel, including travel to international destinations is experienced without incident, travel to certain destinations may involve greater risk than others. It is the responsibility of the individual traveller to investigate and review travel advisories, restrictions, warnings and announcements issued by all sources, including those issued by your country and destination country authorities prior to booking travel. Some websites used by people for accessing such information include www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov and www.customs.gov. tourHQ will not be held liable for any omission or lapse in due diligence on the part of the user or tourist. Additionally, tourHQ will not be held liable for any omission or lapse in due diligence by the guide registered on the website, or for any acts/omissions done by him.
Some of the activities such as some adventure sports can also be inherently risky. You should participate solely on your own risk, and in no circumstances will tourHQ be responsible to you or to your heirs or estate for any consequence of any activity that you may undertake during your trip. We also strongly encourage you to have suitable insurance at all times.
Sometimes tour guides may encourage or accompany tourists for shopping. tourHQ will not be held responsible for any money spent, or any goods bought, or for the quality of any goods, or any injury or loss arising from such products bought during a trip.
Coupons and other Advertisements
TourHQ provides a platform where businesses and organizations can advertise their products on our website in the form of general advertisements or discount coupons. The fact that these advertisements or coupons appear on our website should not be taken as an endorsement of the products or services. Furthermore, we cannot warranty that the discount or deal being given is the best one. It is possible that you could potentially get the same product or service cheaper through other deals and offers that may be available elsewhere or directly with the service or product provider. Any visitor to our website should make sure that they do their full due diligence before they act on any advertisement or coupon that they may find on our website. You are solely responsible for choosing to avail of such offers available on our website.
You agree to indemnify tourHQ, its affiliates and any of its owners, employees, agents and directors against any claims, demands, recoveries, damages, fines, losses or penalties brought by third parties, that may arise out of any reason but not limited to your use of the website or violation of this agreement or violation of any aspect of the law both domestic and international.
Failure by tourHQ to enforce any provision of this agreement will not be construed as a waiver.
This website is operated by a company based in Hong Kong. By using this website you agree to submit to the exclusive jurisdiction to the courts of Hong Kong for any dispute resolution. The use of this website is unauthorized in any jurisdiction that does not give effect to all the provisions of these terms and conditions.
Updated on 27th January 2017