Manyguide Terms of use

26 AUGUST 2015

Applicability: this application is operated by Manyguide B.V., a private company with limited liability organised and existing under Dutch law, with its seat in Amsterdam, its address at Minervalaan 78-3 (1077 PJ) and registered with the Dutch Trade Register under number 61543446 (“Manyguide”). Manyguide offers this application (“App”), including all information, tools and services available from this Application to you conditioned upon your acceptance of these terms of use (“Terms”). By using our Application, you agree to be bound by the Terms, including those additional terms, conditions and policies referenced herein and available by hyperlink. These Terms apply to all users of the App (“Users”). We may change the Terms from time to time; the most recent Terms are available at [www.manyguide.com/terms](http://www.manyguide.com/terms)

Service: the App is a intermediation platform that allows Users who are on the lookout for activities, events, locations and items, to ask questions and receive answers. Based on the question and location, ManyGuide will present these questions to people (the “Guides”) who might know the answer. As soon as a Guide acknowledges that he or she will answer, the User will be notified.

Registration and personal account: to use the App, you must create an account either by signing up with your Facebook account or by providing your name and email address. You agree to provide accurate and true information. Please keep your account information safe; you are responsible for safeguarding your password. You may terminate your personal account at any time.

Payment: Users can tip the Guide in appreciation of the answer received. Tipping is optional and exempt from VAT in Europe. Tips are processed by the Stripe payment platform (“Payment Platform”). Manyguide takes a 10% commission on all financial tips for the services it provides to the Guide, in facilitating the exchanges and the advice offered. Additionally, Stripe charges a transfer cost. In order to tip, Users must have a credit card. Payments through the Payment Platform are not secured or guaranteed by Manyguide. Manyguide only facilitates the payments through Stripe and is not liable for acts, omissions or damages of any kind of Users or Guides caused by the use of the Payment Platform.

Direct Agreement Guide and User: if Users communicate with a Guide through the App, they enter into an agreement with that Guide directly (“Direct Agreement”). Manyguide is not party to this Direct Agreement and is therefore not responsible for the proper fulfilment of this Direct Agreement. Manyguide has an interest in the proper fulfilment of the Direct Agreement. The Direct Agreement therefore always contains an irrevocable third party clause (derdenbeding) that allows Manyguide to require both parties to comply with the Direct Agreement. Manyguide reserves the right to terminate accounts of Users or Guides if a User or Guide does not properly fulfil the Direct Agreement or violates the Rules of Conduct as described in these Terms.  

Updates: Manyguide will continuously develop the App. Manyguide may modify the functionality or features of the App at any time, but Manyguide is in no case liable to you for any such update or modification.

Rules of conduct: We will block access to Manyguide within 24 hours when you breach these Terms. When using the App Users and Guides agree not to:

be discriminatory, offensive, threatening, pornographic, obscene, degrading, unlawful, unsafe, harmful, abusive, harassing, stalking, hateful, defamatory, libellous, fraudulent, offensive, inappropriate, vulgar or otherwise objectionable;

be false or misleading;

contain commercial messages;

attempt to probe, scan, compromise or test the vulnerability of the Service or any related system or network or breach any security or authentication;

violate any right of Manyguide or a third-party, including but not limited to copyrights, trademarks, privacy or any other personal or (intellectual) proprietary right;

violate any applicable law, rule or regulation, or could give rise to legal liability;

violates any rule of conduct in the annexes, term or guideline applicable to Manyguide; or

be in any other manner unlawful towards Manyguide or any third party.

Rules of Conduct for Users: you agree to use the App in accordance with the rules of conduct below.

In order to reach the right Guide, ask only one question at a time. You can ask a different Guide your other question afterwards.

If you need clarification, you may ask one follow-up question.

To show your appreciation for the guide’s personalised advice, make sure to give feedback and consider tipping when you really enjoy the recommendation.

English is our language of communication; please refrain from using any other language.

Do not communicate personal contact data such as e-mail address or phone number in your questions.

Report abuse when you are exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.

Rules of Conduct for Guides: Guides agree to use the App in accordance with the rules of conduct below.

Make sure to give actionable recommendations.

Once you signal that you know the answer, make sure to respond quickly.

If you receive a question that is not in your field of expertise, please retag the question so it can be sent to the right guide.

Try to be friendly and address the user personally by using his or her first name.

Make sure to say why you recommend this particular item, event, activity or destination.

Enrich answers through the card generators we provide.

The user may ask only one follow-up question, so make sure to be clear and concise in your answer.

English is our language of communication; please refrain from using any other languages.

Do not communicate personal contact data such as e-mail address or phone number in your questions.

Report abuse when you are exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.

Privacy Policy: Manyguide believes that your personal data should be treated with utmost care. Therefore, we run the service in compliance with all applicable laws on data privacy, under the European Data Protection Directive 95/46/EC and the Dutch Data Protection Act. In the below (“Privacy Policy”) you can read what kind of personal data we collect and how we store, protect and use your personal data if you register for and use the App.

Which (personal) data do we collect? When you register at Manyguide, we collect the personal data you provide us with, such as: your location, email address, and full name.

How do we use your personal data? We store and process your personal data to manage your personal account and to provide you the services of the App. We may also use your contact details to send you app-related notices, such as changes to features of the App, special offers and newsletters.

Will your (personal) data be shared with third parties? Manyguide exchanges personal data with third party tools in order to provide our services and may share data with research partners for the sole purpose of service improvement. The users consent to this transfer. Furthermore, in the future Manyguide may share your personally identifiable information with third parties for the purpose of providing booking or ordering services. We will update the Terms when this occurs. We will not share your personal data otherwise, unless we are required to provide personal data by court order, by a request for cooperation from a law enforcement or other government agency, to defend or exercise our legal rights, or if otherwise required by law. Other Users can only see your profile if you have asked a question and have given them explicit permission thereto in your personal account.

How do we protect your personal data? We work hard to protect your personal data against loss or any form of unlawful processing. We have taken appropriate technical and organisational measures to protect your personal data, which is stored encrypted and only accessible to authorised employees.

How can I view, edit or delete my personal data? You can view, edit or delete your personal data by logging in to your personal account. If you have problems with viewing, editing or deleting your personal data, please send us an e-mail at support@manyguide.com.

Modifications to this Privacy Policy We may update our Privacy Policy from time to time. When we change this Privacy Policy in a significant way, we will send you an e-mail or inform you through the App along with the updated Privacy Policy or on our website. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

Questions? If you have any questions or comments, please send us an e-mail at support@manyguide.com

Disclaimer: Manyguide does not guarantee, represent or warrant that your use of the App will be uninterrupted, timely, secure or error-free. We are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or related to your use of the App.

Liability: Manyguide is not liable to you for any damage you suffer as a result of the use of the App, the fulfilment of a Direct Agreement, the inaccessibility of the App or the incompleteness or inaccuracy of the information on the App. Manyguide is not liable for any damage you suffer through acts or omissions of Guides or other Users.

Indemnity: you agree to indemnify and hold us harmless from any claims, liabilities, damages, losses and expenses, as a consequence of the use of the App. However, this limitation of liability does not intend to exclude our liability in cases of wilful misconduct or gross negligence.

Intellectual property rights: Manyguide is the holder of all intellectual property rights (such as patents, patent applications, trademarks, trademark applications, service marks, trade names, copyrights, trade secrets, licenses, domain names, mask works, information, proprietary rights, processes copyrights and trademarks) on the App (including but not limited to the design and software), the data collected by Manyguide and all other content related to App are the sole property of Manyguide and will remain the sole property of Manyguide. The App is intended solely for your personal, non-commercial use. Any other use of the Application requires the prior written permission of Manyguide. Manyguide is entitled to use the data collected via the App for commercial purposes, in accordance with our Privacy Policy and the Dutch Data Protection Act (Wet bescherming persoonsgegevens).

Law and jurisdiction: these Terms are governed by Dutch Law. The court of Amsterdam has exclusive jurisdiction in any dispute between parties relating to these Terms.

Complaints and questions: Manyguide always strives for optimal service. If you have questions or complaints please let us know. Send us an e-mail at support@manyguide.com.