Terms & Conditions

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Tubudd.,JSC, a joint stock IT tourism company, incorporated under Vietnam law, company registration number 0108305670, having registered its address at R402, floor 4, 87 Vuong Thua Vu, Ward Khuong Mai, Thanh Xuan District, Hanoi, Vietnam, VAT number 0108305670, provides an online ‘tubudd.com’ digital marketplace that connects travelling customers to local residents of the area they are visiting to share with them knowledge of their city.

These terms and conditions (as amended from time to time, the “Terms”) govern the use of ‘Tubudd’ platform services (the “Services”) provided by Tubudd., JSC and access of such Services through the website www.tubudd.com (the “Site”) or application for mobile devices (the “Application”).

Please read these Terms carefully as by using the Site or Application, irrespective of whether you become a registered user of the Services or not, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use the Site, Application or Services.

KEY DEFINITIONS AND INTERPRETATION

“Content” means text, graphics, images, music, software, audio, video, information or other materials.

“Tubudd” means services that a Buddy may provide to a Traveller in relation to a specific travel destination (e.g. picking up from the airport, showing the best bars and restaurants in town, sightseeing or visiting non-touristic places, etc.). The services must comply with local and international legal regulations. Firms or legal entities cannot register and provide Tubudd services as Locals on the Tubudd platform.

“Buddy” means a User - a natural person who creates the Profile via the Site, Application and provides the Tubudd services.

“User” means an individual who completes tubudd.com account registration process, including but not limited to the Buddies and Travellers.

“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

“Traveller” means a User who requests from a Local a booking of the Tubudd via the Site, Application or Services.

“you”, “your” and “yours” means you a User of the Site or Application.

“we”, “us” and “our” are references to Tubudd.,JSC.

Interpretation of a Tubudd host

On Tubudd, a ‘host’ is a broad definition of a person who resides in a certain location and wishes to share his personal local experience with travellers he meets on Tubudd so that they could become acquainted with the area from the perspective of a local. Tubudd local hosts must meet all legal requirements to give tours in their area. In some cases, and in some locations, this means that a specific license has to be obtained from an appropriate authority. However if a Tubudd host is simply accompanying travellers, offers practical advice or shares his experience about ‘best bars and restaurants’, ‘non-touristy spots’, ‘shopping areas’ etc. he may just be a passionate local person without any formal training in tour organizing.

SERVICES

Description of the Services

Tubudd.,JSC makes available an online platform for the Buddies and Travellers to meet online and arrange the service directly with each other.

By using the Site or Application, the Buddies may create profiles (the “Profiles”) that provide information about their knowledge of and experience with a specific travel destination, and may make themselves available to offer the service to the Travellers. Based on the Profiles, the Travellers may select the Buddies to provide the service.

Role and responsibilities of Tubudd.,JSC

Tubudd.,JSC is not a tour operator nor it is a travel agent. Tubudd.,JSC does not provide the Tubudd service or any other travel or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Buddies and Travellers in arranging for the Tubudd service and (ii) processing payment transactions between the Buddies and Travellers, when the Travellers book the service. With reference to above, you understand and agree that Tubudd.,JSC is not a party to any agreement between the Tubudd and Traveller in relation to the service.

Intellectual Property

All Intellectual Property to the Content (except for the User Content) featured or displayed on the Site or Application or via the Services, is the property of Tubudd.,JSC and is protected by copyright laws, patent and trademark laws and other legislation. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Services.

Subject to your compliance with these Terms, Tubudd.,JSC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) access and use the Site and Application solely in connection with your use of the Services, and (ii) access and use any content, information and related materials that may be made available through the Services.

Network Access

You are responsible for obtaining the data network access necessary to use the Services. You understand that such access may involve third-party fees (such as Internet service provider).

YOUR USE OF THE SERVICES

User Accounts

To use all the Services available (including to create a Profile or book a Buddy), you must create tubudd.com account either by direct sign up via the Site or Application or by usage of another sign up feature made available by Tubudd.,JSC. Any sign up is subject to you providing the true, accurate and complete personal information (the “Registration Data”) as prompted by the relevant sign-up feature (collection and use of personal information is governed by our Privacy Policy). You undertake to keep your Registration Data accurate and current and thus update your Registration Data when relevant.

You are responsible for any actions that take place while using your Tubudd account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Tubudd.,JSC is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.

Age Restrictions

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

Requirements for the Buddies, Travellers and Profiles

If you are Traveller, you understand and agree that a Buddy is not an individual involved in professional travel activities. A Buddy is not always a licensed and/or qualified tour guide. He or she is a person, who resides and has knowledge of certain area and wishes to share it with the Traveller so that they become acquainted with the area from the perspective of a Local.

As a Buddy, you may create Profile where you can showcase a range of photos that offer an insight to the places you may see, as well as personal information you wish to share with Travellers about you and your area. The Profile will be made publicly available via the Services, and Travellers will be able to book a Buddy via the Site, Application and Services based upon the information provided in your Profile. travellers will also be able to provide feedback on your trip and rate you as a Buddy. We will monitor all feedback obtained from Travellers prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Travellers.

If you are Buddy, you represent and warrant that your Profile and trip (i) will not breach any agreements you have entered into with any third parties, (ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply, and (iii) will not conflict with the rights of third parties.

Please also note that any trip offered by a Buddy must comply with the following requirements: (i) the trip has to be delivered personally by the Buddy who confirmed the booking, (ii) the Traveller may not be joined to the trip booked by or delivered to other Travellers, (iii) the number of the Trips that the Buddy may deliver per day is limited to two.

User Interaction and Conduct

You are solely responsible for your interactions with other Users, whether online or in person. Tubudd.,JSC assumes no responsibility or liability for any loss or damage resulting from any interaction with other Users of the Services. You agree to take reasonable precautions in all interactions with other Users and conduct any necessary investigation before meeting another person. Tubudd.,JSC is under no obligation to become involved in any disputes between Users but may do so at its own discretion.

For communications about bookings, all Users will be offered a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to Tubudd. We reserve the right to monitor and suspend any User accounts we suspect of abusing the private messaging facility.

Sharing your contact details, such as your phone numbers, emails, links to other sites and social networks, is not allowed before a booking is confirmed and paid. Communication before booking is for discussing your tour details only. Contact details of both parties will be automatically released after booking is confirmed via the Tubudd payment system. In case you bypass the Tubudd platform, you isolate yourself from safe payments, customer support in case of dispute, refund policies and trustful reputation through our review system. Any attempts to exchange contacts before booking or execute transactions outside of the website can also be a reason for limiting you from using our services. If necessary, your internal communication on Tubudd can be reviewed by Tubudd staff. This is to provide you a better support should a conflict arise that requires escalation between you and another user.

You agree not to use the Services (i) to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libellous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction, (ii) to sell, promote, or advertise any product or service other than Tubudd, (iii) to advertise sexual services, (iv) to advertise or promote any illegal product or service, and (v) to promote any political, ethnic, racial or religious organisation or belief.

When using the Site, Application and our Services you shall not (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs, (ii) interfere with or disrupt the integrity or performance of the Site or Application or the data contained therein, or our servers or networks, (iii) attempt to gain unauthorised access to the Site or Application or its related systems or networks or to any other computer system or website, or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

User Content

You are solely responsible for all User Content that you upload, post, publish or display or email or otherwise use via the Services.

All User Content submitted by you on the Site or Application or via the Services will be considered non-confidential and non-exclusive. You grant to Tubudd.,JSC a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Content in any manner or media now or later developed, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner in all formats and distribution channels.

We reserve the right to monitor all User Content uploaded to the Site or Application at any time. We may decide, without notice to you, to remove, edit or delete any User Content where we consider at our sole discretion that such User Content is either bogus or in breach of these Terms. If Tubudd.,JSC chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.

Bookings

If you are a Traveller and wish to book the Buddy, you may do so either through the Site or Application. In case information provided in a Profile of a particular Buddy is not sufficient for you to decide on the trip or you have any special requests relating to the trip, you will be able to discuss this with the Buddy via private messaging facility. In order to book the trip and Contact the Buddies, TheTubudd Fee payable in connection with the trip and booking will be displayed to you before sending a booking request to a Buddy. As a Traveller, you agree to pay Tubudd.,JSC the Tubudd Fee for any booking requested in connection with your account if such requested bookings are confirmed by the applicable Buddy.

If you are a Buddy and a booking is requested for your trip through the Site or Application, you will be required to either confirm or reject the booking before the day of when the booking is requested. Otherwise, the booking request will be automatically canceled.

Pricing

A Buddy individually determines the Tubudd Fee. Alternatively, a Buddy can also choose to have a suggested rate.

Before setting the Tubudd Fee the Buddy must evaluate the fees and any local taxes applied for providing Tubudd services. The Tubudd Fee has to include any such fees and taxes that the Buddy determines that he/she has to collect. The Tubudd Fee displayed in the advertisement for a trip or Profile includes all fees and taxes and is final for the Traveller.

As a Buddy you understand and agree that 75% of the amount paid for the trip will be considered as your personal income and taxes will be accounted for the stated amount.

Payment

A Traveller can make a payment once a Buddy accepts his/her booking. At the time of payment a credit, debit card or Paypal account of the Traveller, who made the booking, is debited the full amount of the Tubudd Fee. The funds on Buddies Tubudd account balance will be available for withdrawing not earlier than 24 hours after the Tubudd service is completed.

We will initiate transfer of the Tubudd Fee to the Buddy within 24 hours after receiving the request following completion.

Cancellations and Refunds

If, as a Traveller, you wish to cancel a confirmed booking made via the Site, Application, and Services, prior to the day of the trip, there are different refund policies dependant on the timescale. (i) If canceling 7 days before the trip you’ll be refunded 100% of the paid amount. (ii) If canceling 3 days before the trip you’ll be refunded 50% of the paid amount. (iii) If canceling 1 day before the trip you’ll be refunded 25% of the paid amount. (iv) If canceling on the same day of the trip you will not receive a refund. Any cancellation must be initiated by telephone to the Tubudd office at +84966541490 or by email to [email protected] We will acknowledge and confirm your cancellation by email. As a Traveller, you are also entitled to a refund of 100% of the Tubudd Fee in case a Buddy fails to arrive for the trip. As a Traveller, you have 24 hours after the end of the trip to initiate a dispute. If as a Traveller you do not cancel your booking prior to the day of the trip, the payment is not refundable. Any refunds will be made by us within a commercially reasonable time of the cancellation or request for a refund.

LIMITATION OF LIABILITY

We disclaim any and all liability to you for the supply of the Services we provide to you to the fullest extent permissible under applicable law. If we are found liable for any loss or damage to you such liability is limited to the amount of any service fee that we may have received in respect of which a claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.

We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of Site, Application and Services or for any services we may provide you.

Your use of the Site, Application, and Services is without any warranty or guarantee and is entirely at your own risk.

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via the Site and Application.

INDEMNITY

You agree to indemnify, defend, and hold harmless us from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of the Services and your conduct in connection with the Services or with other Users of the Services, or any violation of these Terms, any law or the rights of any third party.

MODIFICATION OF THE SERVICES

Tubudd.,JSC reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that Tubudd.,JSC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

MISCELLANEOUS

These Terms constitute the entire and exclusive understanding and agreement between Tubudd.,JSC and you regarding the Site, Application and Services.

Tubudd.,JSC may assign its rights and obligations under these Terms to any party at any time without notice to you.

Tubudd.,JSC may use subcontractors to perform the Services. Such subcontracting parties shall comply with these Terms.

The use of the Services shall not create any joint venture, partnership, employment or similar relations between you and Tubudd.,JSC.

Tubudd.,JSC reserves the right to revise these Terms at any time. Tubudd.,JSC will inform you about any modification or change of these Terms by mail, on the Site or Application, via the Services or by other means deemed appropriate and adequate by Tubudd.,JSC . We will also indicate at the top of this page the date the Terms were last revised. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms.

The failure of Tubudd.,JSC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Services are rendered to you under and in accordance with Vietnam law. Any dispute between you and Tubudd.,JSC is governed in all respects by Vietnam law.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Tubudd.,JSC (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.