Zestour provides an online marketplace that connects Travellers who seek to purchase travel products & services with Hosts who offer to sell travel products & services (collectively, the “Services”), which Services are accessible at www.zestour.com and any other websites through which Zestour makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).
1. You Acknowledge and Agree that, by accessing or using this Site, Application, or Services; or by downloading; or posting any content from or on the Site and/or the Application via the Services; or by participating in the Referral Program, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site and Application.
2. If you do not agree to these Terms, you have no right to access or use the Site, Application or Services, or Collective Content or to participate in the Referral Program.
3. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
“Traveller” means a Member who requests to book travel products & services via the Site, Application or Services.
“Hosts” means a Member who creates a Listing to offer travel products & services via the Site, Application and Services.
“Listing” means travel products & services listed by a Traveller or Host available for purchase or sale via the Site, Application, and Services.
“Member” means a person who completes Zestour’s account registration process, including but not limited to Travellers and Hosts, as described under “Account Registration” below.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Member Content” means all content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Zestour Content” means all content that Zestour makes available through the Site, Application, or Services, including any content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Zestour Content.
“Tax” or “Taxes” mean any sales or corporate taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention centre fees) that Hosts may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national organizations.
1. Zestour reserves the right, at its sole discretion, to amend or modify the Site, Application, Services or Terms, including the Service & Administration Fees, at any time and without prior notice.
2. Members should review the Site, Application, Services and Terms regularly to ensure you are aware of any changes.
3. By continuing to access or use the Site, Application and Services after a modification, you indicate that you agree to be bound by the modified Terms.
1. In order to access the Site, Application and Services to create or book a Listing, you must register to create an account (“Zestour Account”) and become a Member. You may register to join the Services directly via the Site or Application.
2. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below.
3. As part of the functionality of the Site, Application and Services, you may link your Zestour Account with Third-Party Accounts, by either:
(i) providing your Third-Party Account login information to Zestour through the Site, Application or Services; or
(ii) allowing Zestour to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Zestour and/or grant Zestour access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Zestour to pay any fees or making Zestour subject to any usage limitations imposed by such third-party service providers.
4. By granting Zestour access to any Third-Party Accounts, you understand that Zestour will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Application and Services via your Zestour Account and Zestour Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Zestour Account on the Site, Application and Services.
5. If a Third-Party Account or associated service becomes unavailable or Zestour’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Application and Services.
6. Your relationship with the Third-Party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such Third-Party service providers. Zestour makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Zestour is not responsible for any SNS Content.
7. We will create your Zestour Account and your Zestour Account profile page for your use of the Site, Application and Services based upon the personal information you provide to us or that we obtain via an SNS as described above.
8. You may not have more than one (1) active Zestour Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Zestour reserves the right to suspend or terminate your Zestour Account and your access to the Site, Application and Services if you fail to comply.
9. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Zestour Account, whether or not you have authorized such activities or actions. You will immediately notify Zestour of any unauthorized use of your Zestour Account.
The Site, Application and Services can be used to facilitate the listing and booking of travel products & services. Such travel products & services are included in Listings on the Site, Application and Services by Travellers and Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book travel products & services or create a Listing, you must first register to create a Zestour Account.
1. Zestour is not an owner or operator; nor is it a provider of travel products & services, including but not limited to Tours, Accommodation, Transportation, Tickets, Transports, Free & Easy and travel related Services.
2. Zestour does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control travel products & services, including but not limited to Tours, Accommodation, Transportation, Tickets, Transports, Free & Easy and travel related Services.
3. Unless explicitly specified in our platform, Zestour’s responsibilities are limited to facilitating the availability of the Site, Application and Services
4. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of a Listing you post:
(i) will not breach any agreements you have entered into with any third parties,
(ii) will (a) be in compliance with all applicable laws, tax requirements, rules and regulations that may apply to a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Zestour assumes no responsibility for a Traveller’s and/or Host’s compliance with any agreements to third parties, applicable laws, rules and regulations.
5. You understand and agree that Zestour does not act as an insurer or as your contracting agent. Any agreement you enter into with Traveller and/or Host is between you and the Traveller and/or Host, and Zestour is not a party thereto.
6. When you create a Listing, you may also choose to include certain requirements which must be met by Members who are eligible to book your Listing, including, but not limited to, requiring Members to have a profile picture, in order to book your Listing. Any Member wishing to reserve travel products & services included in Listings with such requirements must meet these requirements.
7. Zestour makes certain tools available to you to help you to make informed decisions about which Members you choose to book your travel products & services. You acknowledge and agree that, as a Traveller and/or Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are part of the travel products & services.
8. Zestour recommends that Travellers and/or Hosts obtain appropriate insurance for their travel products & services. Please review any insurance policy that you may have for your travel products & services carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travellers and/or Hosts.
9. Zestour reserves the right, at any time and without prior notice, to remove any Listing for any reason, including Listings that Zestour, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.
10. Zestour does not control the content in any Listing and the condition, legality or suitability of any travel products & services. Zestour is not responsible for and disclaims any and all liabilities related to any and all Listings. Any use or transaction will be made at the Traveller’s and Host’s own risks.
Fees & Agreement
1. Zestour is a 100% free Site, Application or Services. No charge or fee is applicable to Travellers and Hosts.
2. Travellers and/or Hosts decide how to settle their payment.
3. Hosts, not Zestour, are solely responsible for honouring any confirmed bookings and making available any travel products & services reserved through the Site, Application and Services.
4. If you, as a Traveller, choose to enter into a transaction with a Host for the booking of travel products & services, you agree and understand that you entered an agreement with the Host and you accept any terms, conditions, rules and restrictions associated with the travel products & services imposed by the Host.
5. You acknowledge and agree that you, and not Zestour, will be responsible for performing the obligations of any such agreements, that Zestour is not a party to such agreements. Zestour disclaims all liabilities arising from or related to any such agreements.
Cancellations and Refunds
You agree and accept that Cancellations & Refunds are based on the agreement between you and Travellers or Hosts. Zestour will not:
(i) solicit refund of payment for Travellers and/or Hosts on behalf of either parties;
(ii) refund is solely between Traveller and Host. Zestour Is not involved with refund between both parties.
Zestour’s online platform facilitates bookings between Travellers and Hosts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although Zestour platform allows Members to view the Listing price in a number of currencies, the currency available for Members to make and receive payments is U.S Dollar only.
Rating, Review, Comments & Use of Other Interactive Areas
1. When submitting content to the Site, Application or Services by electronic mail, postings, including but not limited to reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Zestour and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
(i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised;
(ii) use the name that you submit in connection with such Submission
2. You acknowledge that Zestour may choose to provide attribution of your comments or reviews at our discretion. You further grant Zestour the right to pursue at law any person or entity that violates your or Zestour’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
3. Zestour does not edit or control the content posted to or distributed on the Site, Application or Services, including but not limited to any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such content.
4. Zestour nevertheless reserves the right for any reason in its sole discretion to remove without notice any content.
1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Application, Services and Collective Content.
2. In connection with your use of the Site, Application, Services and Collective Content, you agree that you will not:
• as a Traveller or Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• infringe the rights of any person or entity, including but not limited to their intellectual property, privacy, publicity or contractual rights;
• use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including but not limited to photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
• harass other Members of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other Members except for purposes of transacting as a Zestour Traveller or Hosts;
• register for more than one Zestour Account or register for a Zestour Account on behalf of an individual other than yourself;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
• interfere with or damage our Site, Application or Services, including but not limited to the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Zestour’s name, any Zestour trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Zestour’s express written consent;
• attempt to probe, scan, or test the vulnerability of any Zestour system, or network, or breach any security or authentication measures;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
3. Zestour reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
4. Zestour may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to:
(i) respond to claims asserted against Zestour or to comply with legal process (for example, subpoenas or warrants),
(ii) enforce or administer our agreements with Members, such as these Terms,
(iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or
(iv) protect the rights, property or safety of Zestour, its Members, or members of the public.
5. Zestour has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including but not limited to fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
6. Zestour reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Zestour, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Links to Third Party Sites
1. Our Site, Application and Services may contain hyperlinks to websites operated by parties other than Zestour. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
2. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature.
3. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Zestour to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
1. If you choose to use the Site, Application, Services or Collective Content and participate in the Referral Program, you do so at your sole risk. You acknowledge and agree that Zestour does not have an obligation to conduct background checks on any Member, including, but not limited to Travellers or Hosts, but may conduct such background checks in its sole discretion.
2. The Site, Application, Services, Collective Content and Referral Program are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Zestour explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of dealing or usage of trade.
3. Zestour makes no warranty that the Site, Application, Services, Collective Content, including, but not limited to the listings or any travel products & services, or the Referral Program will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
4. Zestour makes no warranty regarding the quality of any Listings, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site, Application, Services or Referral Program.
5. No advice or information, whether oral or written, obtained from Zestour or through the Site, Application, Services or Collective Content, will create any warranty not expressly made herein.
6. You are solely responsible for all of your communications and interactions with other Members of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to any Traveller or Host.
7. You understand that Zestour does not make any attempt to verify the statements of Members of the Site, Application or Services or to review or any travel products & services.
8. Zestour makes no representations or warranties as to the conduct of Members of the Site, Application or Services or their compatibility with any current or future Members of the Site, Application or Services.
9. You agree to take reasonable precautions in all communications and interactions with other Members of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to Travellers and Hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Zestour.
You agree to release, defend, indemnify, and hold Zestour and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your:
1. access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms
2. Member Content
3. interaction with any Member
4. booking of travel products & services
5. creation of Listing
6. use, condition or rental of travel products & services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, reservation or use of travel products & services;
7. participation in the Referral Program.