Terms & Conditions

1. 1 These are our terms
2. 1. 1.1 By using the mytoursapp.com website (Service) you are agreeing to be bound by the following terms and conditions (Terms).
   2. 1.2 We reserve the right to update and change the Terms from time to time without notice, and add new features that will be subject to the Terms. If you continue to use the Service after any changes, you’ll be taken to have agreed to the changes. You can always find the current version of the Terms at any time at: http://mytoursapp.com/contact-us/terms-and-conditions
   3. 1.3 If you don’t abide by any of the Terms we may terminate your Account. We reserve the right to refuse the Service to anyone for any reason at any time.
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3. 2 These are your responsibilities
4. 1. 2.1 You will need to provide certain information requested in order to complete the signup process to obtain an Account.
   2. 2.2 You are responsible for maintaining the security of your Account and password. We will not be liable for any loss or damage if you fail to comply with this security obligation.
   3. 2.3 You are responsible for all Content posted and activity that occurs under your Account (even when Content is posted by others who have access to your Account).
   4. 2.4 You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or other intellectual property laws).
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5. 3 We may charge you for using the Service
6. 1. 3.1 You can use the Service to create Tours and Apps. The Pricing section of this website explains the costs involved for each.
   2. 3.2 Where the Tour or App you are creating involves a monthly fee, we will bill you in advance on a monthly basis and this fee is non-refundable. We will not make any refunds or credits for partial months of service or refunds for months when you do not use your Account.
   3. 3.3 You will need to provide us with a valid credit card when you submit an App for publication.
   4. 3.4 All fees are exclusive of all taxes. You will indemnify and hold us harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
   5. 3.5 Prices of all services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. We will provide that notice at any time by posting the changes to the My Tours website (http://mytoursapp.com/).
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7. 4 We will liaise with the App Store
8. 1. 4.1 Where you use the Service to create an App, we will do our best to get the relevant App Store to approve your App. While we are confident that it is likely your App will be approved, we cannot guarantee acceptance. If your App is denied by the relevant App Store you may are free to cancel your Account, but we will not refund any fees paid under any circumstances.
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9. 5

   We’re your agent5.1 You appoint us as your agent to market and deliver your Tours and Apps to end-users. We will market and make the Tours available for download by end-users through one or more of our Apps, but for and on your behalf.

10. 1. 5.2 You authorise us to:
    2. 1. (a)  market the Tours and Apps on your behalf;
       2. (b)  provide hosting services to you, to store and allow access to the Tours and Apps;
       3. (c)  make copies of your Tours and Apps available for download by end-users;
       4. (d)  allow end-users to access copies of the Tours, so that end-users can acquire the Tours from you through one or more of our Apps;
       5. (e)  use our relationship with the relevant App Store to issue invoices for the purchase price payable to you by end-users for Tours and Apps; and
       6. (f)  use screen shots of the Tours and Apps or your trademarks and logos associated with the Tours and Apps for promotional purposes.
    3. 5.3  You’re free to market your Tours and Apps to end-users yourself. If you do this, you might want to refer to us or the Service in your advertising. For this purpose, we grant you a non-exclusive, limited licence to use the names “My Tours” and “My Tours App” in your advertising, provided that you comply with any instructions that we give you from time to time about use of those names (including as to non use).
    4. 5.4  As we are your agent, you are responsible for any and all claims and liabilities involving or relating to the Tours or Apps.
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11. 6  You’ll send us your Tours and Apps
12. 1. 6.1  You will use our website to create and deliver to us your Tours or Apps. When you create your Tour or App, you will need to provide us with any copyright or other intellectual property rights notices relating to your Tour or App.
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14. 7  We’ll market your Tours and Apps to end-users
15. 1. 7.1  All of your Tours and Apps will be marketed by us, on your behalf, to end-users at the prices you set. You can change the price for any Tour or App at any time, using tools provided on our website. As your agent, we will utilise our relationship with the App Stores for the collection of all prices payable by end-users for Tours or Apps they acquire.
    2. 7.2  You will indemnify and hold us harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
    3. 7.3  The App Stores will remit to us amounts they collect from end-users (less the full amount of any commission, and any taxes collected by the App Store, under the terms of the relevant App Store Agreement). We will remit to you those amounts, less a commission of 50% of the amount collected from the end-user for acting as your agent, no later than forty-five (45) days following the close of the month in which that amount was received from the App Store and exceeds US$100. We will send you a sales report so that you can verify the amount remitted by us.
    4. 7.4  In the event that the purchase price received for any Tour or App is in a currency other than US dollars, the purchase price for that Tour or App will be converted, and the amount to be remitted to you will be determined at the exchange rate applicable at the time under the relevant App Store Agreement.
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16. 8  You own your Content
17. 1. 8.1  We will not acquire any ownership interest in or to any of your Content, and title, responsibility for, and control over the Content will always remain with you.
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18. 9  You’re responsible for your Content
19. 1. 9.1  By using the Service, you confirm that:
    2. 1. (a)  you have the right to use the Service, to reproduce and distribute all of the Content, and to authorise us to allow end-users to download and use the Content through one or more of our Apps
       2. (b)  none of the Content, or our, or the relevant App Store's or end-users' uses of the Content, will violate or infringe any intellectual property or contractual rights of any other person
       3. (c)  all of the Content is authorised for to be distributed into each of the countries in which our Apps are made available
       4. (d)  none of the Content contains any obscene, offensive or other materials that are prohibited or restricted under the laws of any of the countries in which our Apps are made available
       5. (e)  all information you have given us is accurate and you will promptly update us if it stops being accurate.
    3. 9.2  You will be responsible for any and all claims, or losses, damages, costs and expenses arising out of your Content. In particular, you will be responsible for any claims that any of the Content infringes the copyright or other intellectual property rights of any third party.
    4. 9.3  If we have to refund any amount to an end-user, you will need to reimburse us for that amount.
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20. 10  We can both cancel your Account
21. 1. 10.1  You can cancel your Account at any time. Account cancellation requests must be submitted in writing to cancel@mytoursapp.com. Cancellations by phone or sent to any other email address will not be considered valid. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
    2. 10.2  In the event that you no longer have the legal right to distribute your Content, you will withdraw that Content from the Service using the tools provided.
    3. 10.3  We are entitled to cancel your Account at any time, with or without cause, by providing notice to you. We might do that if we believe that: (i) the Content is not allowed to be distributed to a country where our Apps are made available; (ii) the Content infringe a third party’s intellectual property rights; or (iii) the distribution, sale or use of the Content violates any law in any country where our Apps are made available. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
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22. 11  We can change the Service
23. 1. 11.1  We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. We won’t be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
    2. 11.2  We may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. The Service is therefore provided on an "as is" and "as available" basis. We do not warrant that the Service will meet your specific requirements, or that the Service will be uninterrupted, timely, secure, or error-free.
    3. 11.3  You agree that we will not be liable for any direct, indirect, incidental, special, or consequential loss resulting from the use or the inability to use the Service
    4. 11.4  From time to time, we may issue an update to our Apps which may add, modify, and/or remove features. We’ll do everything we can to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
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24. 12  This is a legal agreement, so you should take some advice
25. 1. 12.1  The relationship between us established by these Terms may have important legal and/or tax consequences for you. It is your responsibility to consult with your own legal and tax advisors with respect to your legal and tax obligations.
    2. 12.2  These Terms are governed by New Zealand law. In these Terms:
    3. 1. (a)  a reference to “we” or “us” refers to Authentic Tours Limited;
       2. (b)  a reference to “you” or “your” is a reference to a user of the Service;
       3. (c)  “Apps” means the tour applications you create and upload to our website, and our tour applications, each marketed through the App Store;
       4. (d)  “App Store” means the app store maintained by Apple Inc. or any of its subsidiaries, or the app store maintained and run by Microsoft or any of its subsidiaries and the “App Store Agreement” means the agreement between us and Apple or Microsoft in relation to our use of the relevant App Store;
       5. (e)  “Content” means the tour content you create and upload to our website; and
       6. (f)  “Tours” means the tours you create and upload to our website;