Terms of Service
Last edited 10 February 2018.
Verramente Pty Ltd, ABN: 17624263618, a limited liability company, incorporated under Australian law, provides the online ‘verramente.com’ platform, henceforth referred to as “the Company”, that connects locally based Guides with Travellers in exchange for a predefined fee.
These terms and conditions (as amended from time to time, the “Terms”) govern the use of the Company’s platform services (the “Services”) provided by Verramente Pty Ltd and access of such Services through the website www.verramente.com (the “Site”) or application for mobile devices (the “Application”). We reserve the right to amend these terms.
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.
“Led Tour” means services that a Guide may provide to a Traveller in relation to a specific travel destination (e.g. picking up from the airport, showing the best bars and restaurants in town, sightseeing or visiting non-touristic places, etc.). The services must comply with local and international legal regulations. Firms or legal entities cannot register and provide Led Tours on the Site.
“Fee” means an amount due, payable and/or paid by a Traveller for the Led Tour.
“Guide” means a natural person who has registered to become a Led Tour provider and this registration has been accepted and added to the Site and/or the Application. The individual only becomes a Guide when the Led Tour which they provide becomes publicly visible on the Site and/or the Application.
“User” means an individual who completes and submits an enquiry or booking form using the Site or the Application.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Traveller” means a User who requests from a Guide a booking of the Led Tour 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 Verramente Pty Ltd.
Interpretation of Guide
On the platform, www.verramente.com, a ‘Guide’ is a broad definition of a natural person who resides in a certain location and conduct a Led Tour for a Traveller. Guide’s must meet all legal requirements to give tours in their area. In some cases, and in some locations, this means that a specific license has to be obtained from an appropriate authority. However if a Guide is simply accompanying travellers, offers information on the local area or shares his or her experience of the local area etc. he or she may just be a passionate local person without any formal training in operating tours. Local and international laws regarding tour related entrepreneurial activity must be adhered to by Guides at all times.
Description of the Services
Verramente makes available an online platform for the Guides and Travellers to book and conduct Led Tours.
By using the Site or Application, the Guides may create posts (the “Posts”) that provide information about their knowledge of and experience with a specific travel destination, and may make themselves available to offer the Led Tour to the Travellers. Based on the Posts, the Travellers may select the Guides to provide the Led Tour.
Travellers can purchase a Membership allowing them to book and contact Guides; however, it does not guarantee the occurrence of tours and therefore, all agreements made about city tours as well as payments are solely up to the Traveller and local to decide and discuss among themselves. Membership Fee is payable to Verramente Pty Ltd. 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 Verramente Pty Ltd
Verramente Pty Ltd is not a tour operator nor it is a travel agent. Verramente Pty Ltd does not provide the Led Tour or any other travel or similar services. Its role and responsibilities are strictly limited to (i) facilitating the connections between the Guides and Travellers in arranging for the Led Tour and (ii) processing payment transactions between the Guides and Travellers, when the Travellers book the Led Tour. With reference to above, you understand and agree that Verramente Pty Ltd is not a party to any agreement between the Local and Traveller in relation to the Led Tour.
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 Verramente Pty Ltd 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, Verramente Pty Ltd grants you a limited, non-exclusive, non-sublicensable, 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 Verramente account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Verramente Pty Ltd 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 the Guides, Profiles and Led Tour
If you are Traveller, you understand and agree that a Guide is not an individual involved in professional travel activities. A Guide is not always 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 Travellers so that they become acquainted with the area from the perspective of a Guide.
As a Guide, you may create content where you can showcase a range of original local Led Tour’s as well as personal information you wish to share with Travellers about you and your area. The content will be made publicly available via the Services, and Travellers will be able to book Led Tour via the Site, Application and Services based upon the information provided in your content. Travellers will also be able to provide feedback on your Led Tour and rate you as a Guide. We will monitor all feedback obtained from Travellers prior to publishing any reviews on your Profile, however we cannot be held liable for any derogatory or negative feedback received from Travellers.
If you are Guide, you represent and warrant that your content and Led Tour (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 Led Tour offered by a Guide must comply with the following requirements: (i) the Led Tour has to be delivered personally by the Guide who confirmed the booking, (ii) the Traveller may not be joined to the Led Tour booked by or delivered to other Travellers, (iii) the number of the Led Tours that the Guide may deliver per day is limited to five.
Traveller and Guide Interaction and Conduct
You are solely responsible for your interactions with other Users, whether online or in person. Verramente Pty Ltd 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. Verramente Pty Ltd 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 direct email contact or a private messaging facility. Such facility must be used in a professional, courteous manner and only in relation to Led Tour. 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 tour details only. Contact details of both parties will be automatically released after booking is confirmed via Verramente payment system. In case you bypass the Verramente 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 Verramente can be reviewed by Verramente 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, libellous, 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 Led Tour, (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 organisation 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 unauthorised 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 Verramente Pty Ltd 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 Verramente Pty Ltd chooses to monitor any User Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Content.
Cancelling paid Led Tour
To cancel a paid for Led Tour you must contact Verramente via email stating this in writing. This can be sent to the email address email@example.com. For a full refund to be received this must be done before the Guide has accepted your Led Tour – which will be notified via email.
You agree that Verramente Pty Ltd, 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 fees related to Led Tours which have not occured. We reserve the right to use credit card processors or banks inside or outside Australia 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 Traveller and wish to book the Led Tour, you may do so either through the Site or Application. In case information provided in the information of a particular Guide is not sufficient for you to decide on the Led Tour or you have any special requests relating to the Led Tour, you will be able to discuss this with the Verramente who will put you in touch with the Guide. In order to book the Led Tour and Contact the Guides, you will be asked to provide customary billing information such as name, billing address and credit card information. The Led Tour Fee payable in connection with the Led Tour and booking will be displayed to you before sending a booking request to a Guide. As a Traveller, you agree to pay Verramente Pty Ltd the Led Tour Fee for any booking requested in connection with your account if such requested bookings are confirmed by the applicable Guide.
If you are a Guide and a booking is requested for your Led Tour 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 Guide individually determines the Led Tour Fee. Alternatively, a Guide can also choose to provide Free tours.
Before setting the Led Tour Fee the Guide must evaluate the fees and any local taxes applied for providing Led Tour services. The Led Tour Fee has to include any such fees and taxes that the Local determines that he/she has to collect. The Led Tour Fee displayed in the advertisement of Verramente includes all fees and taxes and is final for the Traveller.
As a Local you understand and agree that 100% of the amount paid for the Led Tour will be considered as your personal income and taxes will be accounted for the entire initial amount.
A Traveller can make a payment via the Site. At the time of payment a credit or debit card of the Traveller, who made the booking, is debited the full amount of the Led Tour Fee. If the Guide has not confirmed the booking within 48 hours the funds will be 100% refunded. The funds payable to the Guide will be transferred not earlier than 48 hours after the Led Tour service is completed.
We will initiate transfer of the Led Tour Fee to the Local within 48 hours after receiving the request following completion.
Credit Card via site is the sole method of payment, cash payments are not supported by Verramente and a Guide of Verramente should never request or accept any form of cash payment from a Traveller.
Cancellations and Refunds
If, as a Traveller, you wish to cancel a confirmed booking made via the Site, Application and Services, prior to the day of the Led Tour, 100% of the Led Tour 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 Led Tour. Any confirmed and paid booking cancellation must be initiated by email to firstname.lastname@example.org . We will acknowledge and confirm your cancellation by email.
As a Traveller you are also entitled for a refund of 100% of the Led Tour Fee in case a Local fails to arrive for the Led Tour. As a Traveller you have 24 hours after the end of Led Tour to initiate a dispute. If as a Traveller you do not cancel your booking prior to the day of the Led Tour 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.
MODIFICATION OF THE SERVICES
Verramente Pty Ltd reserves the right to modify or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that Verramente Pty Ltd 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 Verramente Pty Ltd and you regarding the Site, Application and Services.
Verramente Pty Ltd may assign its rights and obligations under these Terms to any party at any time without notice to you.
Verramente Pty Ltd 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 Verramente Pty Ltd.
Verramente Pty Ltd reserves the right to revise these Terms at any time. Verramente Pty Ltd 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 Verramente Pty Ltd. 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 Verramente Pty Ltd 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 Australian law. Any dispute between you and Verramente Pty Ltd is governed in all respects by Australian law.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Verramente Pty Ltd (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.
Verramente Pty Ltd
The term ‘Verramente Pty Ltd’ or ‘us’ or ‘our’ or ‘we’ refers to Verramente Pty Ltd, the owner of the website, whose registered office is 8 Bayview Road, Sydney, New South Wales. The term ‘you’ or ‘your’ refers to the website user. Your use of this website is subject to the following terms and conditions:
1. The content of this website is for your general information and use only. It is subject to change without prior notice.
3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
7. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
8. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
9. Your use of this website and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia.
10. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
11. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
12. These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
13. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
14. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
15. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Verramente Pty Ltd – Updated 01 Feb 2018
1. We respect your privacy
1.1. Verramente Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. “Personal information” is information we hold which is identifiable as being about you.
2. Collection of personal information
2.1. Verramente Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.3. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
4. Use of your personal information
4.1. Verramente Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.2. Verramente Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Verramente Pty Ltd, www.verramente.com, its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
6. Security of your personal information
6.1. Verramente Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
7. Access to your personal information
7.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at email@example.com.
7.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
8.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to firstname.lastname@example.org. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
10.1. When you come to our website (www.verramente.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
10.4. Third party sites Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Verramente Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
10. 5. Social Analytics for Sharing
10. 6. Facebook Like, Facebook Recommend, Facebook Share official buttons
10.7. Twitter Tweet official button
10. 8. Pinterest Save official button
EU General Data Protection Regulation (“GDPR”) Compliance Statement
Verramente prides itself in holding data security is a core priority of what we do. As such, compliance with the GDPR is welcomed to maintain our commitment to the protection of the personal data that we collect in the course of day to day business. In order to be GDPR compliant, we have reviewed and updated all of our data security and collection processes, policies and controls.
Data Processing Requirements
The personal data we collect is covered under ‘legitimate interest’ in Article 6 (f) as necessary in order to provide customers with our service operate Verramente as a business.
Use the following third parties as part of operating our business. They may process your data securely as part of our day to day operations.
- Storing data: WP Engine (USA), WordPress (USA), Google (USA), Ulitmate Member WordPress Plugin (USA)
- Managing and processing payments: PayPal (USA) and Xero (Australia)
- Scheduling and managing video meetings: Zoom (USA)
- Managing sales leads and customer contacts and statistics: Mailchimp (USA), Outlook (USA), Asana (USA) Banking: Westpac (Australia)
- Social Sharing: Sassy Social Share WordPress Plugin
Links to the Terms & Conditions of these third parties are below:
Your data rights
If guides, customers or general website users choose to enforce their data protection rights, we encourage, as per Articles 12 to 23 of the GDPR, their ability to request access to, amend, delete and restrict personal data from being processed, as well as lodge a complaint.
If you have any questions about GDPR compliance or you would like to make a request regarding your data, please contact us at:
The GDPR portion of this document was last updated on May 25, 2018