CHUMAROUND TERMS OF SERVICE
Last Updated: January 1, 2019
ChumAround LLC, a limited liability company, incorporated under United States law, with an address at 201 E Center St, Ste 112, Anaheim, California 92805, provides an online ‘chumaround.com’ platform that connects people that reside and have knowledge of certain city (Local Hosts) and wish to share it with people that visit the city (Visitors) so that they can “chum around” and become better acquainted with the city from the perspective of a Local Host.
These terms and conditions (as amended from time to time, the “Terms”) govern the use of ‘chumaround.com’ platform services (the “Services”) provided by Chumaround and access of such Services through the website www.chumaround.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.
Chum Around means services that a Local Host may provide to a Visitor in relation to their visit to a city (e.g. picking up from the airport, showing the best bars and restaurants in town, sightseeing and activities, etc.). The services must comply with local and international legal regulations. Firms or legal entities cannot register and provide Chum around services as a Local Host on the Chumaround platform.
Chum-around Fee means an amount due and payable by a Visitor for the chum around. This is equal to the local hosts hourly rate multiplied by the number of hours the guest books.
Membership means a status that allows Users and Visitors to book and contact Local Hosts. Membership can be purchased for the duration of one month, three months or one year by paying a Membership fee. The payment method for the Membership is a recurring subscription-based payment.
Membership Fee means a fee payable to Chumaround LLC for the Membership.
Subscription means an enrollment for subscription-based membership, where you authorize ChumAround LLC or its payment processor to charge the applicable recurring subscription fees to your designated billing payment method.
Local Host means a User – a natural person who creates the Profile via the Site, Application and provides the Chum around services.
User means an individual who completes chumaround.com account registration process, including but not limited to the Local Hosts and Visitors.
User Content means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
Visitor means a User who requests from a Local a booking to Chum around 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 Chumaround LLC.
EXPLAINING THE ROLE OF A HOST
On Chumaround, a ‘host’ is a broad definition of a person who resides in a certain location and wishes to share his personal local experience with “users” he meets on Chumaround so that they could become acquainted with the area from the perspective of a local. Chumaround local hosts are not tour guides and have no formal training as tour organizers. They simply accompanying a guest on their visit; offer practical advice, share their experience and make suggestions about things to do and see.
Description of Services
ChumAround LLC makes available an online platform (chumaround.com) for the Local Hosts and Visitors to meet online and arrange to chum around the hosts’ city directly with each other.
By using the Site or Application, the Locals 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 Chum-around to the Visitors. After reviewing local profiles, the Visitors may select the Locals to provide this service.
All agreements made about their interactions as well as payments are solely up to the visitor and local to decide and discuss amongst themselves. Membership Fee is payable to Chumaround LLC. Membership can be purchased for the duration of one month, three months or one year and it is a recurring subscription-based payment.
Role and responsibilities of Chumaround
Chumaround LLC is not a tour operator nor it is a travel agent. Chumaround LLC does not provide the Chum around or any other travel or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Local Hosts and Visitors in arranging for the Chum around and (ii) processing payment transactions between the Local Hosts and Visitors, when a meeting is booked. With reference to above, you understand and agree that Chumaround LLC is not a party to any agreement between the Local Host and Visitor in relation to their scheduled meetings.
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 Chumaround LLC 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, Chumaround LLC grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable 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.
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
You are responsible for any actions that take place while using your chumaround.com account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Chumaround LLC is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
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 Hosts and Visitors
If you are Visitor, you understand and agree that a Local Host is not an individual involved in professional travel activities. A Local Host is not 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 Visitors so that they become acquainted with the area from the perspective of a Local Host.
As a Host, you may create a Profile where you can showcase a range of original local places, people, and things as well as personal information you wish to share with Visitors about you and your area. The Profile will be made publicly available via the Services, and Visitors will be able to book your offering via the Site, Application and Services based upon the information provided in your Profile. Visitors will also be able to provide feedback on your Chum around services and rate you as a Local Host. We will monitor all feedback obtained from Visitors prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Visitors.
If you are Local, you represent and warrant that your Profile and Chum around service (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 Chum around service offered by a Local Host must comply with the following requirements: (i) the Chum around service has to be delivered personally by the Local Host who confirmed the booking, (ii) the Visitor may not be joined to the Chum around booked by or delivered to other Visitors, (iii) the number of the Chum around that the Local may deliver per day is limited to one.
User Interaction and Conduct
You are solely responsible for your interactions with other Users, whether online or in person. Chumaround LLC 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. Chumaround LLC 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 Chum around. 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 appointment details only. Contact details of both parties will be automatically released after booking is confirmed via the Chumaround payment system. In case you bypass the Chumaround 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 Chumaround can be reviewed by Chumaround 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, libelous, 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 Show-around, (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 organization 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 unauthorized 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.
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 Chumaround LLC 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 Chumaround LLC chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
Membership & Fees
Visitors can purchase a Membership allowing them to book and contact Locals; however, it does not guarantee the occurrence of a service. All agreements made about a chum around as well as payments are solely up to the visitor and local to decide and discuss among themselves.
Membership Fee is payable to Chumaround LLC. Membership can be purchased for the duration of one month (from $9,99to $59,99), three months (from $19,99 to $119,99 E) or one year (from $59,99 to $349,99 EUR). The payment method for the Membership is a recurring subscription-based payment.
When you initially subscribe for a Membership you will be charged immediately for the initial period of the Subscription at the then-current fee. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Subscription section in Account Settings after purchase. By agreeing to a Subscription payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription.
To request a refund, go to iTunes, click on your Apple ID, select “View Apple ID”, sign in if requested, select “Purchase History,” find the transaction, and tap “Report Problem.” If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
WE MAY SUBMIT PERIODIC CHARGES FOR SUBSCRIPTION-BASED PAID SERVICES (E.G., MEMBERSHIP FEE) WITHOUT OBTAINING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL YOU TERMINATE THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD GO TO YOUR ACCOUNT SETTINGS.
Auto-renewal for Subscriptions
Subscription you have signed up for when purchasing a Membership will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or terminate your Subscription at any time, go to Manage Membership on the Account Settings page or contact customer service at: firstname.lastname@example.org . If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Cancelling a paid subscription
To cancel an ongoing, paid Subscription, please go to your Manage Membership page in Account Settings and follow the process described therein. Once you have cancelled your subscription, Chumaround LLC will stop billing you until and unless you re-subscribe under your account. Any and all fees paid and charges made prior to cancellation or termination of your account are nonrefundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are non-refundable.
You agree that Chumaround LLC, in its sole discretion, may suspend or terminate your User’s account (or any part thereof) or use of the Services and remove and discard any content within the Service, for any reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
We reserve the right to terminate your access to the site for any reason or no reason and may terminate your Membership upon sending notice to you at the email address you provide in your application for Membership or such other email address as you may later provide to us. If we terminate your Membership for breaching this Agreement, you will not be entitled to any refund of any unused fees. We reserve the right to use credit card processors or banks inside or outside the European Union to process your transactions. In some instances, your bank or credit card issuer may charge you a fee for foreign transactions. Before purchasing any service, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction fees.
In case of any violation of legal acts, committed during the process of payments concerning services of the Site, the User will be immediately restricted from using the Site and all relevant useful data about User’s personal identification information will be shared with legal authorities in cooperation for investigation.
If you are a Visitor and wish to book the Chum around, you may do so either through the Site or Application. In case information provided in a Profile of a particular Local is not sufficient for you to decide on the Chum around or you have any special requests relating to the Chum around, you will be able to discuss this with the Local via private messaging facility. In order to book the Chum around and Contact the Locals, you will be asked to pay a Membership Fee and provide customary billing information such as name, billing address and credit card information. The Chumaround Fee payable in connection with the Chum around and booking will be displayed to you before sending a booking request to a Local. As a Visitor, you agree to pay Chumaround LLC the Chum-around Fee for any booking requested in connection with your account if such requested bookings are confirmed by the applicable Local.
If you are a Local and a booking is requested for your Chum around 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 cancelled.
A Local individually determines their Chumaround hourly rate. Alternatively, a Local can also choose to provide a free service.
Before setting the Chumaround hourly rate the Local must evaluate the fees and any local taxes applied for providing Chumaround services. The Chumaround rate must include any such fees and taxes that the local host determines that he/she has to collect. The Chumaround hourly rate displayed in the advertisement of a Chumaround listing includes all fees and taxes and is final for the Visitor.
As a Local host, you understand and agree that 100% of the amount paid for the Chum around will be considered as your personal income and taxes will be accounted for the entire initial amount.
A Visitor can make a payment once a local host accepts his booking. At the time of payment a credit or debit card of the Visitor, who made the booking, is debited the full amount for the booking for local hosts that connect a ChumAround listing to their Stripe payment processing account. Alternatively, local host that do not connect a Stripe account may receive payment in cash at the time of the chum around.
Cancellations and Refunds
If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, prior to the day of the chum around, 100% of the Chumaround Fee will be refunded to you. The same amounts shall be refunded to you in case a Local cancels a confirmed booking prior to the day of the chum around. Any confirmed and paid booking cancellation must be initiated by telephone to the Chumaround office at or by email to email@example.com . We will acknowledge and confirm your cancellation by email.
As a Visitor you are also entitled for a refund of 100% of your booking payment in case a Local host fails to arrive for the chum around. As a Visitor you have 24 hours after the end of Chum around to initiate a dispute. If as a Visitor you do not cancel your booking prior to the day of the Chum around the payment is not refundable.
Any refunds will be made by us within a commercially reasonable time of the cancellation or request for 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 to 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.
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.
Modificaition of Services
Chumaround LLC reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that Chumaround LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms constitute the entire and exclusive understanding and agreement between Chumaround LLC and you regarding the Site, Application and Services.
Chumaround LLC may assign its rights and obligations under these Terms to any party at any time without notice to you.
Chumaround LLC 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 Chumaround LLC.
Chumaround LLC reserves the right to revise these Terms at any time. Chumaround LLC 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 Chumaround LLC. 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 Chumaround LLC 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 United States Law. Any dispute between you and Chumaround LLC is governed in all respects by United States Law.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Chumaround LLC (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.