Terms of use
1. TERMS DEFINITION
In the text of this Agreement, the following terms are given the following meaning:
"Website" means the following Website: OÜ Mapstertours, which belongs to the Company and located at the following link: mapster.ge.
"User", "You", "Your" or any other similar derivatives (depending on the context) means the person (1) using the Webite and/or has accessed its Content; and (2) agreed to comply with the rules for using the Website set out in the text of this Agreement by creating a personal account and registering on the Website.
"Company", "We", "Our", "Us" or any other similar derivatives (depending on the context) means the following entity: OÜ MAPSTERTOURS, location address: Tallinn, Kristiine linnaosa, Mustamäe tee 55, 10621 (including its branches and representative offices both on the territory of the Russian Federation and outside it, as well as any other entities created as a result of reorganization of the Company), which owns or manages the Website.
"Website Content" means all objects posted by the Company and/or third parties (with the permission of the Company) on the Website, including design elements, text, graphics, illustrations, videos, programs, music, sounds, information, notifications and any other objects of similar purpose, their selections or combinations.
"Website Software" means the software developed by the Company (and/or third parties on behalf of the Company) for the Webite, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
"Services" means collectively the Website Content and Website Software.
"User Content" means (1) all postings made by the User on the Website, including, but not limited to, comments; assessments; reviews; reports; feedback; posted videos, photographs, music and other media files; likes; ratings and/or any other forms of activity available to the User on the Website, as well as (2) any other content created by the user.
2. ACCESSION TO THE AGREEMENT
2.1. Users use the Website for the following purposes:
For tour guides, transfer guides and other service providers in the field of travel and event accommodation
2.2. This User Agreement (hereinafter referred to as the "Agreement") defines rules and procedure for using the Site and Services, rights and obligations of Users, and also regulates the behavior of Users when accessing the Website and Services.
2.3. The User accepts the terms of this Agreement by creating a personal account and registering on the Website.
2.4. This Agreement is binding on its parties (i.e. the Company and User). The assignment by the User of his rights under this Agreement is possible only after receiving prior written consent from the Company.
3. WEBSITE USERS
General criteria and age
3.1. To use the Site, Users must meet the following criteria (cumulatively):
(1) be at least 18 years old; and
(2) not be limited in the right to access the Website and Services based on a court decision that has entered into legal force, or in cases provided for by the current laws or the terms of this Agreement; and
(3) comply with the following conditions/criteria:
Not ever be brought to criminal or administrative liability
Registration on the Website and creating a personal account
3.2. To use the Website and/or access the Services, Users are required to undergo a mandatory free registration when entering the Site. Using the Site without registration is not possible. Upon completion of registration, the User receives a unique login and password to enter his personal account (office).
3.3. To register, the User must provide the following information about himself:
Registration for individuals:
Full name, date of birth, contact details, country and city of residence
Registration for business:
Full name, date of birth, contact details, country and city, company name, organization
4. INTELLECTUAL PROPERTY
4.1. The Company owns all, without exception, ownership rights, including proprietary intellectual property rights, to all Website Content, as well as Website Software. Website software and The content of the Website is protected by copyright in the manner prescribed by the current civil legislation of Estonia, as well as international treaties and conventions in the field of protection of intellectual property.
4.2. Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, downloading, transmitting, selling or otherwise distributing or using the Website Content and Website Software, unless such actions are EXPRESSLY permitted by the terms of this Agreement or current legislation of Estonia.
4.3. Nothing in the text of this Agreement can be interpreted as transferring to the User any exclusive rights to the Site Content (in whole or in part) and/or Website software.
4.4. The Company owns all rights to trademarks, commercial (business) names, brands, logos registered in its name (hereinafter referred to as the "Trademarks"). Such Trademarks are protected by applicable law and NOTHING contained in this Agreement shall be construed as conferring any license to the User to use such Trademarks.
5. PROCEDURE FOR WORKING WITH THE WEBSITE
Rules of conduct on the Website
5.1. While using the Site, the User undertakes to adhere to the following rules:
(1) comply with all obligations assumed by the User in connection with joining this Agreement; and
(2) provide reliable information about yourself during registration on the Site and to create a personal account; and
(3) not to impersonate any other person, including, but not limited to, not to provide any data of third parties (without obtaining their direct, prior and informed consent) for registration on the Site and/or for creating a personal account; and
(4) inform the Company about the theft of logins, passwords or any other access keys of the User to the personal account; and
(5) do not provide third parties with access to your account and/or logins, passwords or other access keys; and
(6) not to upload, store, publish, distribute, post, advertise, send, make available or otherwise use. User content that (а) contains threats, discredits, insults, discredits honor and dignity or business reputation or violates the privacy of other Users or third parties; and (б) appears as spam, bullying, vulgar or obscene, contains pornographic images and texts, scenes of a sexual nature, including those involving minors, or scenes of violence, including sexual, against people or animals; and (в) contains any form of incitement to suicide and/or promotes or contributes to the incitement of racial, religious, ethnic hatred or hostility, promotes fascism or the ideology of racial superiority, or contains extremist materials; и (г) promotes violation of rights or legal interests of other Users or third parties or promotes a crime or contains tips/guides/instructions for doing it; and (д) violates other rules of this Agreement or is prohibited based on the current legislation; and
(7) not to perform any actions (with or without the use of automation tools) aimed at collecting any personal data of other Users; и
(8) not to take any actions or assist third parties in committing actions, aimed at undermining the operation of the Site, including, but not limited to, (а) upload viruses or malicious code; (б) perform actions that may lead to the shutdown of the Website, disruption of the normal operation of the Website or site software, or to deterioration of the appearance of the Website and/or Website Content.
(9) not to take any other action that is illegal, fraudulent, discriminatory or misleading.
User rights to posted content
5.2. User Content may only be created bu registered Users.
5.3. The User Content you create is an intellectual property and is protected by current legislation, and therefore the Company does not claim to receive and does not require you to provide it with any ownership rights to your User Content. Nothing in the text of this Agreement should be interpreted as depriving the User of the rights to the User Content created by him or limiting them.
5.4. At the same time, you grant the Company a non-exclusive, royalty-free, worldwide license (hereinafter the "License") с with the right to transfer and issue sublicenses, to store, use, distribute, modify, run, copy, publicly perform or display, translate your User Content and the creation of derivative works based on it.
5.5. The License issued by you in this way is automatically terminated if your personal account is deleted.
5.6. The Company undertakes to take all possible actions aimed at completely deleting your User Content immediately after the occurrence of circumstances for termination of the License, with the exception of the following cases when: (1) part of your User Content was used by other Users (based on the License previously issued by you, in which case your User Content will be available on the Website and to other Users until another User deletes it); or (2) User Content posted by you constitutes evidence of any violation, misdemeanor or crime in criminal, administrative or civil proceedings, or its subsequent storage is required based on the requirements of applicable law or a request received from a competent government agency; or (3) in other cases specified in this Agreement.
User Content Requirement
5.7. Users are prohibited from uploading any User Content that may belong to third parties or for which the rights to use have not been granted to such User to the extent necessary. The User hereby undertakes to reimburse the Company for ALL DAMAGES AND LEGAL COSTS THAT WERE INCURRED IN CONNECTION WITH CLAIMS BY THIRD PARTIES THAT PUBLISHED USER CONTENT VIOLATES THE INTELLECTUAL PROPERTY RIGHTS OF SUCH THIRD PARTIES PERSON.
5.8. The Company does not and cannot verify all materials published by Users as part of the User Content they create, and therefore the Company is not responsible for the content of such User Content, for its use and/or its impact on third parties or other Users. Operating the Website does not imply that the Company endorses, endorses, warrants, distributes and/or believes the information posted within the User Content. The user is responsible for his own protection and that of his device from viruses and other malware. The Company does not assume any responsibility for harm caused as a result of the use of the Site, its Services and/or User Content (including its downloading).
5.9. The Company has the right at any time to check User Content for its compliance with the requirements of this Agreement or applicable law. At the same time, nothing in the text of this Agreement should be interpreted as a direct obligation of the Company to conduct any independent verification of User Content except at the request of other Users or third parties.
5.10. If you encounter User Content that violates the terms of this Agreement or the legal rights and interests of Users or third parties, You can send your complaint as follows:
Send email to the following address: info@mapster-guides.com, or leave a request on the page mapster.ge/contacts, as well as call or contact the office indicated on the page mapster.ge/contacts
5.11. In order to fulfill the requirements of Part 1 of Article 10-6 of the Federal Law "On Information, Information Technologies and Information Protection" the Company has the right to conduct internal monitoring of User Content in order to ensure that Users comply with the restrictions set forth in the Federal Law "On Information, Information Technologies and Information Protection".
5.12. If User Content is found to violate the terms of this Agreement or the provisions of applicable law, the Company has the right, in its sole discretion, at any time, without the need to warn the User or incur any liability in the future, to remove such User Content altogether, and in case of repeated violation - delete your personal account.
Feedback on the Website
5.13. Each User from time to time has the right (but not the obligation) to leave or send their ideas, feedback, suggestions or projects aimed at improving the operation of the Website or the quality of the Services provided. Such reviews can be sent by the User in the following way:
You can send feedback to info@mapster-guides.com
5.14. By submitting such an idea, feedback, proposal or project, the User automatically grants us a non-exclusive, royalty-free, worldwide, transferable and sublicensable license to store, use, distribute, modify, run, copy, publicly perform or display, translation of your ideas, reviews, proposals or projects, as well as the creation of derivative works based on them.
6. ADVERTISING PLACEMENT ON THE WEBSITE
Advertising placement by the Company
6.1. The Company has the right from time to time to place any advertising on the Webite or marketing materials.
6.2. The User may from time to time receive communications from the Company with certain promotional or marketing materials. The Company sends the specified materials only with the consent of the User, expressed in the form of registration of the appropriate subscription by performing the following actions:
Provide your email when creating a personal account, when registering, leaving data in the feedback form, using the contact us form or contacting to us by email.
6.3. The user also has the right to cancel such a free subscription at any time and without specifying a reason by doing the following:
By contacting us at our corporate email
Advertising by third parties
6.4. The Website Content may contain links to third party websites and/or advertising or marketing materials for products/services provided by such third parties (hereinafter referred to as "Third Party Advertising"). THE COMPANY DOES NOT TAKE ANY RESPONSIBILITY FOR (1) THE CONTENT OF THIRD PARTY ADVERTISING, OR FOR THE AVAILABILITY, QUALITY AND SAFETY OF PROMOTED GOODS/SERVICES IN SUCH ADVERTISING; and (2) FOR ANY LOSS, LOSS OR DAMAGE INCURRED OR CAUSED TO THE USER AS A RESULT OF HIM READING SUCH ADVERTISING OR USING PRODUCTS/SERVICES PROMOTED IN THIRD PARTY ADVERTISING.
6.5. In case of a transition to another website through third party Advertisements posted on the Website, the Company cannot guarantee that such website is safe for the User and/or his computer. Nothing in this Agreement should be construed as a representation, encouragement, recommendation or inducement for the User to use Third Party Advertising, visit any third party sites, or try, purchase or use any third party products/services.
7. MAKING PURCHASES THROUGH THE WEBSITE
General provisions
7.1. Users have the opportunity to purchase certain goods/services on the Website. The seller of such goods/services can be either the Company itself or third parties (partners, sellers, distributors) (hereinafter referred to as "Suppliers") - depending on what is specified in the description of a particular product/service.
7.2. WARNING WHEN PURCHASING GOODS/SERVICES FROM SUPPLIERS. Responsibility for the execution of the purchase and sale agreement concluded between the User and the Supplier through the Site on the basis of the information provided by the Company about the product/service or the Supplier, as well as for compliance with consumer rights violated as a result of the transfer to the consumer of a product/service of inadequate quality and the exchange of non-food products of adequate quality for a similar product is borne by the Supplier.
7.3. The Company does not store any information about your debit or credit card used for payment.
7.4. THE COMPANY PROVIDES THE ORDERED GOODS/SERVICES ONLY AFTER RECEIVING PAYMENT IN FULL.
7.5. If the Company cannot provide you with the ordered and paid for product/service, he Company undertakes to immediately return to you the entire amount previously paid to cover the cost of the ordered product/service (with the exception of bank commissions and costs that may have been charged by your servicing bank when paying for the goods/service). services through the Site).
7.6. The Company does not guarantee the availability of any product/service on the Website.
Delivery methods and times
7.7. The company provides the following delivery methods for goods/services ordered on the Website:
After purchasing the product, the client will receive a receipt for the purchase by email, and will also be able to see information about the purchase on the booking history page
7.8. The cost of the product/service you ordered may additionally be subject to any import taxes, fees or charges (for example, VAT) in the country to which such delivery is made. The Company does not pay these import taxes, duties or charges on behalf of Users and cannot predict whether they will need to be paid, as well as the estimated amounts of such charges.
7.9. The User has the right to make a claim to the Company for the return of funds previously paid for a product/service if such product/service was not received by the User within the agreed period. In this case, the Company undertakes to refund such amount in full within 10 (ten) calendar days >
7.10. The Company does not assume any responsibility for a delivery error that occurs due to the fault of the User, who, for example, did not indicate the correct recipient information.
Payment order
7.11. The cost of goods/services on the Site is indicated in the currency of the American dollar. Payment for goods/services must also be made in US dollar currency.
7.12. If you do not have an account in the specified currency, in this case you can use your debit or credit card, and the servicing bank (debit or credit card holder) will carry out the appropriate conversion at the exchange rate in accordance with its internal bank rules. The Company is not responsible for the exchange rate used by your servicing bank for such conversion.
7.13. The user can make a payment using one of the following methods:
Bank card
7.14. Please note that the Company may at any time refuse to accept a particular payment method without any explanation or notification to Users.
7.15. The product/service is considered paid for by the User in full from the moment the execution of such payment is confirmed by the banking institution servicing the User’s debit or credit card, which was used by him to pay on the Website.
7.16. Please note that your servicing bank may, at its sole discretion, conduct additional checks of the completed transaction through our Website, which may subsequently lead to a delay in payment for the goods/services you previously ordered.
7.17. The Company does not assume any responsibility for losses, damage, lost profits, loss of business reputation incurred by the User due to a delay in payment, which n turn could lead to a delay on our part in providing you with a certain product/service.
Procedure for exchange and return of goods
7.18. The user has the right to exchange or return previously purchased goods. Only those goods that are specified in the Decree of the Government Эof Estonia dated December 31, 2020 No. 2463 "On approval of the Rules for the sale of goods under a retail purchase and sale agreement, the list of durable goods that are not subject to the consumer’s requirement for gratuitous provision” are not subject to exchange or return. him of a product that has the same basic consumer properties, for the period of repair or replacement of such a product, and a list of non-food products of adequate quality that are not subject to exchange, as well as on amendments to certain acts of the Government of Estonia.". In all other cases, the User has the right to contact the Company with a request for an exchange or return of goods in the manner prescribed by the current legislation on the protection of consumer rights, as well as the terms of this Agreement.
7.19. The user has the right to return or exchange goods of good quality without specifying a reason within 14 (fourteen) calendar days from the date of purchase. In case of return of goods of proper quality, the User will be refunded in full all amounts paid by him to pay off the cost of such goods. To exchange and return purchased goods, the User must complete the following steps:
Contact us by email
Quality of the purchased product
7.20. Immediately after receiving the product in hand, the User is obliged to check it for possible defects or deficiencies, as well as for compliance of the characteristics of the product with the description set out on the Website.
7.21. The User has the right to make a claim to the Company for the return of funds previously paid for a product/service if such product/service does not meet the stated conditions of product quality or its description set out on the Site. In this case, the Company undertakes to refund such amount in full within 10 (ten) calendar days.
7.22. The User has the right to submit his claims regarding the quality of the purchased goods to the Company or Suppliers (depending on whose goods were purchased) during the established warranty period/shelf life of the goods or, if such a period is not established, within 2 (two) years from the moment of purchase of such goods.
Promotions on the Website
7.23. From time to time, the Company may post on the Site any promotional offers for goods/services. The frequency of such offers, as well as their conditions, are determined solely by the Company.
7.24. The user is aware that the number of promotional offers for goods/services is limited.
7.25. The Company does not guarantee or promise to Users that (1) the purchase of any promotional goods/services on the Site is in any way beneficial for the User and/or third parties; and (2) the cost of promotional goods/services must be lower than their regular cost on the Site or on other third party websites.
8. SUBSCRIPTION ON THE WEBSITE
General provisions
8.1. If desired, the User can subscribe to the Website.
8.2. Subscription can be monthly, quarterly or annual. The subscription is SUBJECT TO AUTOMATICAL RENEWAL UNTIL THE USER OPT-OUT.
8.3. The first 14 days of subscription are free for Users. After the expiration of the specified period, the User may be provided with access to certain content only if the subscription is paid in advance. If there is a delay in paying for a subscription, the User's access to certain content is blocked until payment for the subscription is made in full.
Subscription procedure
8.4. The user has the right to subscribe at any time by performing the following actions:
Contact us by email
8.5. Payment for the subscription must be made in the currency indicated on the Website. The subscription price is indicated including VAT, as well as other mandatory taxes and fees.
8.6. The user has the opportunity to pay for the subscription in one of the following ways:
Using a bank card
8.7. If a User cancels their subscription during the free trial period, such User may immediately lose access to certain content. In case of cancellation of an already paid subscription, the User has no right to demand any prorated or full refund of previously paid amounts for the subscription and continues to use the content until the expiration of the paid subscription period.
Subscription termination procedure
8.8. The user has the right to unsubscribe at any time by performing the following actions:
Contact us by email
9. TERMINATION OF ACCESS TO THE WEBSITE
9.1. The user has the right to stop using the Site at any time by deleting his account:
Contact us by email
9.2. In case of (1) violation by the User of the terms of this Agreement; and/or (2) violation of the intellectual property rights of the Company, other Users or third parties; and/or (3) committing actions that are illegal, violate the rights and interests of the Company, other Users or third parties or undermine the operation of the Site or the ability to use the Site by other Users; and/or (4) The Services or the Site are used by the User in a manner that may subject the Company to legal liability in the future; and/or (5) if required by current legislation or a competent government agency, the Company has the right, without prior notice, to terminate (terminate) the User’s access to the Website and its Services at any time.
9.3. Such termination of access, among other things, also implies deletion of the User’s personal account.
9.4. The User is duly aware that the Company does not accept responsibility for any damage, losses, lost profits, loss of business or personal reputation caused to the User by deletion or blocking of the account and/or inability to access the Site and its Services.
10. ASK A QUESTION
10.1. If you have questions regarding the terms of this Agreement or the procedure/method of their execution, you can address your question to us in the following way:
Contact us by email
10.2. Employees and representatives of the Company undertake to make every possible effort to respond to your request within a reasonable period of time.
11. RESPONSIBILITY
11.1. IN NO EVENT WILL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTIES:
(1) FOR ANY INDIRECT, INCIDENTAL, UNINTENTIONAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, DAMAGE TO HONOR, DIGNITY OR BUSINESS REPUTATION CAUSED IN CONNECTION WITH THE USE OF THE SITE, SERVICES OR OTHER MATERIALS TO WHICH THE USER OR AND PERSONS HAVE GAINED ACCESS THROUGH THE SITE, EVEN IF THE COMPANY HAS WARNED OR ADVISED OF THE POSSIBILITY OF SUCH HARM; and
(2) FOR THE ACTIONS OF OTHER USERS, FOR USER CONTENT POSTED BY USERS, FOR GOODS/SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS (EVEN IF ACCESS TO THEM HAS BEEN PROVIDED THROUGH OUR SITE), TO WHICH YOU USED ATELIER GOT ACCESS; and
(3) in cases expressly provided for by the terms of this Agreement or the norm of current legislation.
11.2. Our liability for anything related to the use of the Site and/or Services is limited to the maximum extent permitted by applicable law.
12. SETTLEMENT OF DISPUTES
12.1. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, disputes shall be resolved in accordance with the procedure established by the current legislation of Estonia.
13. FINAL PROVISIONS
13.1. This Agreement comes into force from the moment it is published on the Website via the following link: mapster.ge/terms-of-use) and is valid for an indefinite period of time.
13.2. We may revise, amend or change the terms of this Agreement from time to time. Such changes are generally not retrospective. THE COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY TO NOTIFY USERS ABOUT UPCOMING OR ACTUAL CHANGES TO THE TEXT OF THE AGREEMENT. By acceding to the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or additions.
If, after changes or additions to the text of the Agreement, the User continues to use the Website, this means that he is familiar with the changes or additions and accepted them in full without any objections.
13.3. Unless otherwise expressly stated in the provisions of this Agreement or directly follows from the norms of current legislation, the substantive law of Estonia applies to the terms of this Agreement.
13.4. If one or more terms of this Agreement have lost their legal force or are declared invalid under applicable law, the remaining terms of the Agreement do not lose their force and continue to operate as if the term declared invalid or invalid did not exist at all.
13.5. Access to the Site and its Services is provided to the User "as is", We do not promise, guarantee, or imply that the Services and the Site may or may not suit your needs, goals, expectations, and therefore we do not guarantee any specific results or consequences resulting from your use of the Website and its Services.