1.1 By using the mytoursapp.com website (Service) you are agreeing to be bound by the following terms and conditions (Terms).
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: https://www.mytoursapp.com/terms-conditions
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.
2 These are your responsibilities
2.1 You will need to provide certain information requested in order to complete the signup process to obtain an Account.
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.
2.3 In order to publish your Tours and Apps, you will need to obtain a developer account with each relevant App Store and provide us with those account details.
2.4 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).
2.5 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).
3 We may charge you for using the Service
3.1 You can use the Service to create Tours and Apps. The Pricing section of this website explains the costs involved for each.
3.2 Where the Tour or App you are creating involves a subscription fee, we will bill you in advance on a monthly or yearly basis depending on the plan you select 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 You will need to provide us with a valid credit card when you submit an App for publication.
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.
3.5 Prices of all services, including but not limited to 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 (https://www.mytoursapp.com/).
4 We will liaise with the App Store
4.1 Where you use the Service to create an App that you want to publish, you must provide us with the details of your relevant App Store developer account so that we can submit your App to the App Store for publication on your behalf.
4.2 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.
4.3 We will treat your App Store account information with the same standard of care that we use to protect our own confidential information. However we will not be responsible for any and all claims, or losses, damages, costs and expenses arising out of the use of your App Store account.
5 We can both market your Tours and Apps
5.1 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.
5.2 You’re free to market your Tours and Apps to end-users. When 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).
5.3 You authorise us to use any of your Tours or Apps for our own promotional and marketing purposes as we determine appropriate, at our sole discretion.
5.4 You are responsible for any and all claims and liabilities involving or relating to the Tours or Apps.
6 You will receive all proceeds from your Apps
6.1 You can set and change the price for your Tours and Apps.
6.2 You will receive all proceeds from sales of your Tours and Apps directly from the relevant App Store. We suggest that you review the relevant App Store’s terms and conditions, as each App Store may deduct fees, commission and taxes from your proceeds.
7 You own your Content
7.1 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.
8 You’re responsible for your Content
8.1 By using the Service, you confirm that:
(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
(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
(c) all of the Content is authorised for to be distributed into each of the countries in which our Apps are made available
(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
(e) all information you have given us is accurate and you will promptly update us if it stops being accurate.
8.2 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.
8.3 If we have to refund any amount to an end-user, you will need to reimburse us for that amount.
9 We can both cancel your Account
9.1 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.
9.2 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.
9.3 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.
10 We can change the Service
10.1 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.
10.2 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.
10.3 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
10.4 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.
11 This is a legal agreement, so you should take some advice
11.1 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.
11.2 These Terms are governed by New Zealand law. In these Terms:
(a) a reference to “we” or “us” refers to Authentic Tours Limited;
(b) a reference to “you” or “your” is a reference to a user of the Service;
(c) “Account” means your account with us which is created when you sign up to our website;
(d) “Apps” means the tour applications you create and upload to our website, and our tour applications;
(e) “App Store” means the app store maintained by Apple Inc., Microsoft, Google, or any of their subsidiaries;
(f) “Content” means the tour content you create and upload to our website; and
(g) “Tours” means the tours you create and upload to our website;
