Term and Conditions

Legal

 

GuideDirek™, a trademarked brand of Matong Co., Ltd. is registered and based by Ministry of Commerce in Phnom Penh, Cambodia with ID00041062 which is currently operated only in Cambodia.

 

GuideDirek™ currently operates booking platform for certified tour guide in Cambodia on both website and mobile application which will be used under term of “Service”.

For all inquiries about GuideDirek™ related to service on the platform or you wish to send any documents, correspondence, notice, or other measn of communications, please contacnt Matong Co., Ltd. directly.

 GuideDirek™ supports, accepts, and takes responsible on any activities related that have been done on the platform only, and we do not accept or take responsible on any activities related to tour guide reservation that have been done outside the platform.

 Name and Address

 Matong Co., Ltd.  

298Eo, St10m2, Borey Pipubtmey, Sensok,

Phnom Penh, Cambodia

 Contact Information

 Mr. Khim Maland, CEO

Telephone: +855 12 668 125

Email: matonggroup@gmail.com

 Company Profile

 Matong Co., Ltd., registered in Ministry of Commerce Cambodia

File Number:  

VAT Tax Registration Number:

 Handling Data Disclosure

  1. Matong Co., Ltd., operators of GuideDirek™ is responsible for handling all data disclosure related to customers, and tour guide on the platform

  2. Matong Co., Ltd. holds responsibility in handling and controlling on any personal data collected through process, transaction, and any form of reservation on the platform which is currently operated only in Cambodia.

Terms Of Service

 

Published on 05-March-2019

 

Well come to guidedirek.com or GuideDirek™ Application, we thank you so much for choosing our Guide Direk™ platform for your trip!!

 

This website nor applicated in fully operated by GuideDirek™ which is fully a brand of Matong Co., Ltd. Throughout the entire operating system on both website and application, the terms “we”, “us” and “our” refer to GuideDirek™ and Matong Co., Ltd. while the terms “you”, “your”, and “yours” refer to users in both users for booking as well as Tour Guides who use this platform as an independence contractor to offer their service. However, in the whole Terms of Service, we may notify in the header on which type of users we may refer to.

 

These Terms constitute a legally binding agreement ("Agreement") between you and  Guide Direk™ nor Matong Co., Ltd. (as defined below) governing your access to and use of Guide Direk™ platform, including any subdomains thereof, and any other websites through which Guide Direk™  makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Guide Direk™ Services"). The Site, Application and Guide Direk™ Services together are hereinafter collectively referred to as the “Guide Direk™ Platform” or which we will use under terms of “Our Platform”. Our Terms and Policies applicable to your use of the Guide Direk™ Platform are incorporated by reference into this Agreement.

 

All of the transaction, service, offers, website, tools, available on GuideDirek™’s platform to you, the users, conditioned upon your acceptance of all terms, conditions, policies, and notice stated below. By visiting, making activities on our platform, you engage in our “Service” and agree to be bound by the following terms and conditions (“Term of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available on the hyperlink.

Users are highly recommended to read these Terms of Service carefully before conducting any activities on our platform. Making activities such as accessing, using, or even browsing on any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of ours, you may not access or use any of the features on the platform. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Please read these Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our Privacy Policy, which also governs your use of the Website, and is incorporated by reference in this Agreement. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our call center agents.

 

Our collection and use of personal information in connection with your access to and use of our Platform is described in our Privacy Policy.

 

Any and all payment processing services through or in connection with your use of the Guide Direk™ Platform ("Payment Services") are provided to you as set out in the Payments Terms of Service ("Payments Terms").

 

Tour guides are responsible for identifying and obtaining any required licenses, permits, or registrations for any service they offer for a particular area of their service. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your listing of your service on our platform, you should always seek legal guidance.

 

Table of Contents



Overview

 

Guide Direk™ is one of many reservation platforms that offer service in matching tourists as users with Tour Guide or someone who be able to host tourists in their desire destination. However, the key differentiation is that Guide Direk™ only allows Tour Guide who have been certified by Ministry of Tourism Cambodia to operate on the Guide Direk Platform. When a result of your search appears on the Guide Direk Platform it indicates that only certified Tour Guides in Cambodia are available based on your search. Moreover, in case of there are no Tour Guides available on the search result, this means that Tour Guides are not available for reservation through the Guide Direk Platform only.

 

The Guide Direk™ Platform is operated mainly as reservation system for tourists to make appointment for their trip with certified tour guide on any regions nor attractions in Cambodia with direct transaction among all related stakeholders on this platform. Plus, this platform also served as assistance in gathering and providing content and information related to destination, attractions, as well as the general information for traveling purpose. In some sections, we may offer affiliate of our partners that may include hotels, package tour rental, transportation, and more related in tourism services.

 

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Regardless of the date of these terms of service were written, any new or updated features and tools on this platform shall also be subject to the Term of Service as well.

 

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our platform with the notification of date the Terms of Service have been readjusted. It is your responsibility to check this page periodically for changes. Your continued use of or access to the platform following the posting of any changes constitutes acceptance of those changes.

 

As a result of this Agreement or use of our platform, you agree that no joint venture, partnership, or employment relationship exists between you and us.

 

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this platform or information provided to or gathered by us with respect to such use. 

 

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. 

 

This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and us. With respect to this platform, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

Fictitious names of companies, products, people, characters, and/or data mentioned on this platform are not intended to represent any real individual, company, product, or event.  Any rights not expressly granted herein are reserved. 

 

Scope of Service

 

The Guide Direk™ Platform is an online marketplace that enables registered users (“Members”) and Certified Tour Guide to offer services on the Guide Direk™ Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such services from Tour Guides (“Guests”). Service on our platform may include only offering tour guide service on your trip ranking from single to multi-day or cities in which activities included in service is based upon your agreement with your reserved tour guide. Guide Direk™ facilitates as an intermediary by providing reservation platform as well as processing online payment for our independence contractor namely as certified Tour Guides for users regardless of their purposes.

 

On our platform, we do not control or operate on behalf of all services listed on Guide Driek Platform, but as an listing platform of Tour Guides which have registered on our platform and have been verified by Guide Direk in based on their National ID Card, Travel License based of their specific regions, and Contact information including email and phone number. Users can search, filter, and select the Tour Guide who have registered with us on our platform as you may prefer based on the date, destination or regions of your destination, and the interest you choose. Our result appears based on the information you fill in the first place including the date of your trip, and destination as well as other filter you may prefer to use for advance research. However, in processing your reservation, users must have a registered account on the Guide Direk Platform in order to further process the reservation and payment.

 

As the provider and operator of the Guide Direk™ Platform, we do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any services, nor is Guide Direk™ Platform an organizer or retailer of travel packages. Tour guides alone are responsible for their listings and services on our platform. When Members make or accept a booking, they are entering into a contract directly with each other. We are not and do not become a party to or other participant in any contractual relationship between Members, nor is we an insurer. We are not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

 

By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site. This shall become a binding contract formed pursuant to the Terms of Use. You will receive proof of the confirmed booking via an e-mail confirmation.

 

We as a tourism related platform shares a lot of vision in re-modernizing tourism industry and we may, from time to time, decide to change, update or discontinue certain products and features of the Services. Therefore, we reserve the right that we as a company have no obligation to store or maintain your content or other information you provide, except to the extent required by applicable law.

 

On Guide Direk Platform, we also offer other services that may be governed by additional Terms or Agreements in which are our partners who provide tourism related service or “Third Parties Service” which may include transportation rental company, hotels, travel agency, and more of related tourism related which will be act as business partners on our platform. While their name and service might be listed and displayed on our platform, we have no control over our partners or do not guarantee nor be liable to any damage cost by them. We suggest you reading their Terms and Conditions, and Policies for further understanding on their services. If you may use any other such services that do not have directly transaction on our platform, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement.

 

Refusal of Guarantee

 

While we may help facilitate the resolution of disputes, we has no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any services listing on our platform, (ii) the truth or accuracy of any descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party.

 

You expressly agree that you shall bear on your own the risk of using services. We expressly declare that it will not provide any type of guarantee, express or implied, but will not limit commercially implied guarantees, appropriate guarantees of specific purposes and proper guarantees of compliance. We do not guarantee that services will definitely satisfy users’ requirements, nor does it guarantee that services will not be interrupted, or guarantee about the timeliness, accuracy or errorless of services. We refuse to provide any guarantee, including guarantees about the accurate, timely and smooth transmission of information. You understand and accept that you make your own decisions concerning any information or resource (downloaded or obtained through your account on our platform) and will bear all risks and responsibilities of system damage or data loss. You will not receive from us in oral or written comments or information, and will not make expressed guarantees here.

 

We do not endorse any Member nor Services providers on our platform. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by us about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. For the information you have seen on our platform, we would disclose all of the information about our registered Tour Guide including the information provided to us upon their registration on our platform. As far as we care about provide the best service and your own safety, we take the matter of the information into our hand with limit to only their National ID card, their Travel License certified from Ministry of Tourism Cambodia, and their verification of Email and Phone Number in which we can guarantee that NO Tour Guide without license be able to be listed on our platform. However, the general information related to their name, address, date of birth, address, and so forth as well as the rest of the information that serve the purpose of their own profile management would be verified by us as complete and relevant information while we do not guarantee whether it is right or not. Those informations may include their personal background, their interests, and their profile description only. As a result, we cannot guarantee that all information is accurate, complete, correct or up to date nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information.  You should always exercise due diligence and care when deciding whether to participate in a service with a Tour Guide, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. You can try to read the rate and review of each service as well as verify images are intended only to indicate a photographic representation of the previous experience with other clients. However, we are not an endorsement by us of any review and photos.

 

If you choose to use our platform as a service provider (Tour Guide) or partners, your relationship with us is limited to being an independent, third-party contractor, and not an employee, agent, joint venture with us for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of us. We do not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of services. You acknowledge that you have complete discretion whether to list your services or otherwise engage in other business or employment activities.

 

To promote our platform and to increase the exposure of services to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, we may make translate to some certain language as shown on the top of the platform or may make automated tools available to enable Members to translate Listings and other Member Content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. However, we cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.

 

Our may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us of such Third-Party Services.

 

We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of our platform. We may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of our platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the platform. In Liability section remains unaffected. We may improve, enhance and modify our platform and introduce new of our services from time to time. We will provide notice to Members of any changes to our platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.

 

General Condition of Using the Platform

 

  1. By agreeing to these Terms of Service, it indicates that you have full read and agree to the Terms of Service.

  2. By agreeing to these Terms of Service, it also represents that you are at least have the age of 18 or above who have the right to travel independently and use of our service or in any case of you are under 18, you shall have someone over 18 to travel with or use of our service.

  3. GuideDirek™ is a booking platform of tourism related service. In any use of this platform beyond travelling purposes are considered illegal or unauthorized.

  4. You may not use our service for any form of illegal purpose nor violate any laws in your jurisdiction including but not limited to copyright laws.

  5. You will only use this platform for only making legitimate reservation for your traveling purpose only

  6. In case of you book the platform for a group of people, you will need to inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto

  7. You also need to ensure that all of information supplied by you on this platform is true, accurate, current and complete; and if you have an account on our platform, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

  8. You as owner of the account must constantly update registration information to meet the requirements of timely, detailed and accurate information which will be referenced as registration data.

  9. We reserve the right to refuse or terminate your services for any reason at any time with no limited to violation of any terms

  10. You as a user of platform agree to not reproduce, duplicate, copy, sell, resell any of service and / or other related information on platform without expressing any written permission by us

  11. If you provide inaccurate information, we shall reserve the right to end your right to access to our platform or related services.

 

Account Registration

 

You must register an account ("Guide Direk Account") to access and use certain features of our platform such as publishing or booking a listing. If you are registering an account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. In this process, we require you to upload your photos, national ID card, and Tour Guide License in order for us to process your verification.

 

You can register an account using an email address or phone number and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your account of our platform and your SNS Account at any time, by accessing the "Settings" section of our platform.

 

You must provide accurate, current and complete information during the registration process and keep your account and public account profile page information up-to-date at all times.

 

You may not register more than one (1) Guide Direk Account unless we authorize you to do so. You may not assign or otherwise transfer your Guide Direk Account to another party.

 

We reserve the right to reject bookings, and in some exceptional cases, we may cancel the confirmed ones at our discretion and for whatever (legal) reason without the need to justify such refusal. The typical reasons for rejecting our services can be but are not limited to our tour guide request(s), breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by you of misleading or erroneous information, Payment Instrument problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors, history, blacklisting by governments or international organizations (USA, EU, UN, Singapore), etc.

 

In case a booking is rejected or cancelled by us and a payment has already been made, you will receive a refund of the total booking value, except in any other appropriate case that we determine in our sole and absolute discretion where we reserve the right not to refund the total booking value or any part thereof.

 

You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Guide Direk Account. You are liable for any and all activities conducted through your account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

 

Eligibility, Using the Guide Direk Platform, Member Verification

 

In order to access and use our platform, an account is required and you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

 

We may make access to and use of the platform, or certain areas or features of the platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history. Though every parties on our platform are independent contract who we are not joining in providing the service, we may take some steps to make sure the information and safety of our users including for tour guide, National ID cards, Travel License, and/or business License for partners.

 

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

 

The access to or use of certain areas and features of our platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of our platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of our platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

 

If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of our platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

Special authorization

 

You fully understand and irrevocably grant us and our affiliates, business partners the following rights for free:  

  1. Our affiliates or business partners may allow our users to log into our platform or our affiliates or business partners and use their services. All behaviors of our users of the platform of our affiliates or business partners shall comply with this Agreement, announced rules as well as instructions and guidelines for proper use of services. In order to realize the above functions, you agree that we may synchronize your registration information, transaction/payment data etc. to systems of its affiliates or business partners and allow their use of such information, data, etc.

  2. To provide you with the same services when you log into our platform with your user ID and password with any of our affiliates or business partners, you agree that we may synchronize your registration information, transaction/payment data etc. with our affiliates or business partners to our systems and allow the use of such information, data, etc. by our systems, and you will not for this reason pursue responsibilities of us and our affiliates or business partners

  3. To ensure the security of transactions, we and our affiliates and business partners will be allowed to conduct data analysis on your user information and make commercial use of the analysis results

  4. We will get your relevant information from affiliates and business partners. For example, when you make a reservation or booking through our affiliates or business partners, the booking information you provide may be sent to our platform to enable it to process your order and ensure a successful reservation or booking

  5. While enjoying all the services provided by us, you authorize and agree that we may send business information to your email, mobile phone and mailing address etc., including but not limited to the latest our product information and promotional information. If you choose not to receive the various information services from us, you may make proper settings as guided by us to refuse such information services.

 

User Account, Password and Security

 

You will get a password and an account number after you become a registered user. You will take full responsibility for your improper safekeeping of your account and password. In addition, you will be solely responsible for all acts and behaviors done with your account. You may change your password and icon at any time, or you may choose to cancel the old account and reopen a the old one. Any illegal use of your account or security loopholes found shall be immediately reported to us. Please keep your password properly and do not tell others about it. You will be responsible for any loss caused by your improper safekeeping of password. You will have rights in and take responsibilities for all activities, actions and things you done using your account in accordance with any applicable laws, and shall not in any form transfer your account, authorize others to use your account and trade your accounts with others. Given the unique nature of Internet services, we has no responsibilities to check and verify whether it’s you that are using your user name and password but will only verify if the user name and password used are consistent with those saved in the database. Any person may log into our platform and enjoy all services it offers as long as the user name and password used are consistent with those saved in the database. Therefore, even if you think it’s not you that logged into the account, we shall not assume any responsibility arising therefrom.

 

Change, Interruption and Termination of Services

 

You fully understand and agree that as our services involves Internet, mobile communications and other services in which may be affected by unstable factors in all aspects. Therefore, we will not assume any liability of compensation for your losses resulting from service interruption, cancellation or termination risks caused by any force majeure, computer virus or hacker attack, system instability, your location, your shutdown of computers, GSM network, Internet, communication circuits and other reasons beyond the prediction or control of us.  

 

We may need to regularly or irregularly repair or maintain the Internet service platform or its related equipment, and shall not bear any liability for Internet service (including paid Internet service) interruption in a reasonable period of time caused by such circumstances, but shall try its best to make prior notification.  

 

You fully understand and agree that, except as otherwise provided herein, we may change, interrupt or terminate some or all of the Internet services because of their special nature and needs not bear any responsibility provided that it shall try its best to provide prior notification and give you time to process any related interests.

 

Account Termination

 

We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice. 

 

Booking Modifications, Cancellations and Refunds, Resolution Center

 

In certain circumstances, we may cancel a pending or confirmed booking on behalf of a Tour Guide or Guest and initiate corresponding refunds and payouts. This may be for any reasons. Where we cancel a booking, we will, notify Members and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.

 

If a Guest or we cancel a confirmed booking, and the Guest receives a refund in accordance with our Guest Refund Policy. In case of a refund that after the Tour Guide has already been paid, we will be entitled to recover the amount of any such refund from the Tour Guide, including by subtracting such refund amount out from any future Payouts due to the Tour Guide.

 

Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional services, or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your account on our platform, and we reserve the right to handle all such payments.

 

Rules of Use

 

You must comply with relevant laws and regulations of applicable laws when using our platform and shall agree not to use the services for any illegal or improper activities, including but not limited to the following:

  • Information that goes against basic principles set forth in the Constitution

  • Information that endangers national security, leaks state secrets, subverts state power and undermines national unity

  • Information that damages the honor and interest of the country;

  • Information that instigates ethnic hatred, ethnic discrimination and undermines ethnic solidarity

  • Information that undermines the country’s religious polices and promotes cults and feudal superstitions

  • Information that spreads rumor, disrupts social order and undermines social stability

  • Information that spreads obscenity, pornography, gambling, violence, murder, terrorism or abets crimes

  • Information that insults or defames others and infringes the legal rights of others

  • Information that contains false, harmful, coercive, privacy-infringing, harassing, aggressive, slanderous, vulgar, obscene content or other morally objectionable content

  • Using the Internet service system for any unlawful purpose for the following activities: 

    • Accessing the computer information network or using the computer information network resources without permission; deleting, modifying or adding functions of the computer information network without permission; deleting, modifying or adding without permission the data and applications that are stored, processed or transmitted in the computer information network; intentional production, dissemination of computer viruses and other destructive procedures; other behaviors that endanger security of the computer information network

    • Commercial use of any data on our platform, including but not limited to the use of resources displayed on our platform in any way such as duplication or distribution without the prior written consent from us

    • Interfering or attempting to interfere with the normal operation of our platform or any transaction, activity that is conducted on our platform, or taking any action that would result in unreasonable huge data load on our network equipment by using any devices, software, routine program or other measures

    • Acts of unfair competition in violation of the principle of good faith, or maliciously placing orders or engaging in fictitious transactions and other malicious acts that disrupt our transaction order

    • Other activities not related to online transactions.

 

Prohibited Activities on Platform

 

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of our platform. In connection with your use of our platform, you will not and will not assist or enable others to:

  • Use this platform or its contents for any commercial purpose.

  • Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand.

  • Access, monitor or copy any content or information of this platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.

  • Violate the restrictions in any robot exclusion headers on this platform or bypass or circumvent other measures employed to prevent or limit access to this platform.

  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

  • Deep—link to any portion of this platform (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or "frame", "mirror" or otherwise incorporate any part of this platform into any other website without our prior written authorization.

  • Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;

  • Copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on our platform in any way that is inconsistent with our Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties

  • Re-sell, use, copy, monitor, display, download or reproduce any content or information, software, products, or services available on this platform for any commercial or competitive activity or purpose

  • Use our platform in connection with the distribution of unsolicited commercial messages ("spam");

  • Offer, as a Tour Guide, any service or activities that you do not yourself own or have permission to make available our platform;

  • Unless we explicitly permit otherwise, book any Listing if you will not actually be using the services yourself;

  • Contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of our platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;

  • Use our platform to request, make or accept a booking independent of our platform, to circumvent any Service Fees or for any other reason;

  • Request, accept or make any payment for Listing Fees outside of our platform. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold our harmless from any liability for such payment;

  • Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

  • Use, display, mirror or frame our platform or Collective Content, or any individual element within our platform, our name, any of our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in our platform, without our express written consent;

  • Dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of Collective Content, registering and/or using our platform or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to our domains, trademarks, taglines, promotional campaigns or Collective Content;

  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us or any of our providers or any other third party to protect our platform;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our platform;

  • Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of our platform;

  • Violate or infringe anyone else’s rights or otherwise cause harm to anyone

 

If there are any suspects on your booking or account on our platform that give us a sign of your violating any term and conditions, or any prohibited actions, we may cancel any cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts of yours on our platform. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact our Customer Service. 

 

You acknowledge that we have no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of our platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us or a representative of us regarding the use or abuse of our platform.

 

If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

 

Terms specific for Hosts

 

Terms applicable to all Listings

  1. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your need and requirements of providing your service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your service(s); and (iii) ensuring that your listing and/or hosting of your service(s) will not breach any agreement you may have with any third party. You must provide your service in person and may not allow any third party to provide your services on your behalf, unless authorized by us.

  2. To list your service, you must create a listing and submit service to us beforehand. Listing of your service must at all times meet all of the requirement set by us as well as providing all relevant information for to be reviewed by Guide Direk. Besides, you must also at all times meet our quality standards of hosting guest as well as code of conducts set by us before you are approved to use our platform and make yourself relevant on our platform. Please not that upon your submission of your information and documentations, your account on Guide Direk Platform is still not activated until we have finished our reviews and approve your service on our platform. We reserve the right to decide, in its sole discretion, whether a submitted service will be published on our platform. Once published, your service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in our Terms of Service.

  3. When listing your service you must, where applicable, fully educate and inform Guests about (i) yourself including your background, description, interests, and more about yourself, (ii) any risks inherent to service more likely about what your Guests should prepare and expect once it comes to participating in your service, (iii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, as well as other from of requirements related to the attraction site you might as well plan to go with your Guests and (iv) anything else they may need to know to safely participate in your service (including dress codes, equipment, special certifications or licenses, etc.).

  4. Once you register yourself as a member of our platform for taking reservation under your own service, there are some certain procedures that you must follow. (i) you must provide complete and accurate information about yourself (such as your background description, genera information, location which is based on certification of your guide license, calendar availability, and other legal documentation such as your license, national ID card, and photos), (ii) you must disclose any deficiencies, restrictions such as your rules and expectation and all other requirements that you may expect your clients to know prior to your journey. (iii) provide any other pertinent information requested by us. You are responsible for keeping your listing information (including calendar availability) up-to-date at all times.

  5. Guide who register themselves on our platform are responsible for setting their own price for their service, and that price may exclude additional fee we may charge during transaction. Additional fee that may be charged form our platform are taxes fee, service fee, as well as other transaction fee that may be charged by bank. Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.

  6. Once your service is fully published on our platform including all of the details and descriptions, you will have the ability to add dates and times of your availability when you offer your service through our platform. Plus, you will also have the ability to accept or reject the reservation from the Guests; however, it should be in some certain period of time which is set by us. By making your service available for a particular date and time on our platform, you agree that only people who book through our platform can attend your service in that availability of your service. You further agree that you will not allow people to attend in your service available on our platform unless that person booked through our platform (or was added as an additional Guest for a spot booked through our platform).

  7. You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to host your services. You are solely responsible for ensuring that the Equipment used in your service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.

  8. Pictures, animations or videos (collectively, "Images") used in your listings must accurately reflect the quality and accuracy of your service. We reserve the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

  9. The placement and ranking of Listings in search results on our platform may vary and depend on a variety of factors, such as user search parameters and preferences, their requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of travel, and/or ease of booking.

  10. When you accept or have pre-approved a booking request by a guest, you are entering into a legally binding agreement with the guest and are required to provide your service to the guest as described in your listing and their reservation description when the booking request is made. You also agree to pay the applicable fee for our platform as well.

  11. Any terms and conditions included in your profile or listing, regardless of the topic, must not conflict with these Terms or the relevant polices for your listing.

  12. You may not register more than one account with your own license unless you have permission for that.

  13. Guide are not allowed to charge any fee directly with tourists or users unless it is in form of tips.

  14. We recommend that service providers especially tour guide obtain appropriate insurance for their services. Please review any respective insurance policy 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 Guests (and the individuals the Guest has booked for, if applicable) while participating in your service.

  15. You alone are responsible for their services that they submit, list and provide. We merely provide the platform for the services and is not itself an operator or provider of service including but not limited to tours, activities, travel services, experiences, events or others of host activities. We do not own, sell, resell, furnish, provide, manage and/or control any such services. Our responsibilities are limited to making the listings for the services available through our platform.

  16. By registering on our platform, you represent and warrant that all of your information and documentation provided to us are all valid and accurate. In addition, you have to take responsibility on making sure that comply with all applicable laws (such as zoning laws of each license), and other rules and regulations (including having all required permits, licenses and registrations). As a host of your service to the users, you are responsible for your own acts and omissions.

  17. We reserve the right to update, modify or discontinue the listing Terms, at any time. If we modify the Terms, we will give you notice and post the modification on our Site, Application, or Services. By continuing to access or use the Services after the modified Terms becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.

 

Terms specific for Guests

 

Terms applicable to all bookings

  1. Subject to meeting any requirements such as completing any verification processes set by us, you can now start your reservation on our platform on available tour guide you wish to have your trip with by following the respective booking process. All applicable fees, including the Listing Fee which is the fee set by tour guide as their service, Guest Fee which is the fee charge by our platform for each transaction and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to your reservation. You agree to pay the Total Fees for any booking requested in connection with your account on our platform.

  2. A legally binding agreement is formed between you and your reserved tour guide, upon receipt of a booking confirmation from our platform subject to any additional rules and conditions set by the guide that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the listing. The payments will be collected in the Total Fees at the time of the booking request or upon the confirmation of the tour guide following your reservation requests pursuant to the Payments Terms.

  3. If you happen to book tour guide of our platform on behalf of someone or as a group, you are required to ensure that every additional guest meets any requirements set by us as well as the guide registered on our platform, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set on our platform. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in if accompanied by an adult who is responsible for them.

  4. We would like to make you understand that prior to your reservation on the tour guide, we will make a confirmation about your reservation especially time and date of your reservation. A confirmation of your reservation may indicate that you have granted or booked the time availability of the guide on that specific date and time that you make in reservation system. By this, you may agree to finish your trip once the date and your booking time is finished. If you may wish to take more trips, you must get consent from the guide you reserved just for their availability and permission. In some case, you may have to pay additional fees including all applicable fee that may take place for taking more time of their service if requested by the guide you reserved or proceed for the re-booking of the service on our platform.

  5. It is Tour Guides’ responsibility at all times for the accuracy, completeness and correctness of their information displayed on the Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the site inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with our guide.

  6. We recommend that users or tourists should obtain appropriate insurance for their travel. Please review any respective insurance policy 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 while participating in your trip.

  7. Before and during hosting of service you must at all times adhere to the Tour Guide’ instructions.

 

Booking Instructions

  1. You should carefully review the description of any reservation you intent to take on our platform to ensure you (and any additional guests you are booking for) meet any requirements of our listed on the platform regardless of from us or from local guide.

  2. At your sole discretion you may want to inform the guide you reserved of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any activities in your trips.

  3. Additionally, certain laws may also be applied based on regions and we recommend you on taking responsibility for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in any activities in your tour guide. Before and during of your trip, you should be at all times adhere to the advice and instructions of the guide you choose.

  4. You may not bring any additional individuals to your trip unless such an individual was added by you as an additional guest during the booking process on our platform or else inform us prior to your trip take place.

 

Booking Modifications, Cancellations and Refunds, Resolution Center

 

  1. Our platform serves both parties (Guide and Users) as an information aggregation, reservation system, and transaction of service on our platform only. Shall there are any modifications on your reservation that took place on our platform that might encounter, you might have chance to modified your reservations on our platform or direly contact our customers service for your modification. However, both Guide and Users have to take all responsibility for all of these modifications they had agreed. In some case, additional fees may be required for any modifications including service fees, listing fees, or taxes fee that might associated with such booking modifications.

  2. Guests can cancel a confirmed booking at any time following our cancellation policy set by the us which is that any reservation can be canceled prior to the trip 48 hours or if during the period of 48 prior to your tip, there is no any cancellation can be taken on our platform; however, we would be please to let you know that upon your confirmation on your cancellation, only 70% of listing will be refund to your while the rest of other fee will not be refundable.

  3. If the guide cancels a confirmed booking, you will receive a full refund of the total fees for such booking. In some instances, in order to ensure that the guide do not cancel the reservation just for taking grand for another opportunities, our system will keep the calendar of the guide on that same time and same date of reservation blocked or unavailable. In addition, the guide may also be required to impose a cancellation fee for users, unless they have a valid reason for the cancellation.

  4. In certain circumstance such as in a case that may poses a safety risk to guests, or it would be under any circumstance that might prevent the continue of the service, trip or activities to take place primarily for outdoors’s activities, our guide may have the right to cancel the service with fully refunded. This could be existing under any conditions that would prevent the guide from offering the service with safety. Additionally, in some cases, we may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts.

  5. If the users upon their travel who travel with our reservation service suffers a Travel Issue we may determine, in its sole discretion, to refund part or all of the Total Fees with accordance to reasonable reasons to the users back.

  6. Regarding of all sort of transaction and payment regardless of modification or refund, we reserve the right to make transaction only on the account of yours which is connected to our platform only. This means that we will conduct all transaction to tour guide account that have registered with our platform, and for general users who may make reservation on our platform, the transaction be conducted following the credit card information provided during your reservation process.

 

Ratings and Reviews

 

  1. Upson a certain timeframe of completing each trip or booking, guide is required to confirm in our platform in order to notify that the trips have been successfully finished. After that, users can leave a public review (“Review”) and submit a star rating (“Rating”) about their trip as well as their experience with the guide. Ratings or Reviews reflect the opinions of individual members and do not reflect the opinion of us. We would be please to inform that Ratings and Reviews are not verified by us for accuracy and may be incorrect or misleading. Everything users do is this section will be directly shown on the guide profile.

  2. Every Ratings and Reviews must be accurate and may not contain any offensive or defamatory language, and every parties on the platform are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about others.

  3. Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

  4. Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member. Please be aware that only the account that make reservation on the service that be able to rate the service on our platform.

 

Content

 

We may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, video, or other materials and information on or through our platform ("Member Content"); and (ii) access and view Member Content and any content that we ourselves makes available on or through our platform, including proprietary content and any content licensed or authorized for use by or through our third party.

 

Our platform, our content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Cambodia. You acknowledge and agree that our platform and our Content, including all associated intellectual property rights, are the exclusive property of Guide Direk and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our platform, our content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of our used on or in connection with our platform and our content are trademarks or registered trademarks of Matong Co., Ltd. in Cambodia. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with our platform, our content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

 

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit t our platform or  content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

 

Subject to your compliance with these Terms, we grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any content made available on or through our platform and accessible to you, solely for your personal and non-commercial use.

 

By uploading, posting or otherwise making available any Member Content on or through our platform, you grant to us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote our platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, we do not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

 

You are solely responsible for all Member Content that you make available on or through our platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through our platform or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or our use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any of our policy. We may remove or disable access to any Member Content that is in violation of applicable law, these Terms or our then-current Policies or Standards, or otherwise may be harmful or objectionable to us, its Members, third parties, or property. Where we removes or disables Member Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.

We respect copyright law and expects its Members to do the same. If you believe that any content on our platform infringes copyrights you own, please notify us via contact information at the end of this page.

 

Traveling to Cambodia

 

You are responsible for ensuring that you meet foreign entry requirements of Cambodia and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. We have no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to our destinations. 

 

Passport and Visa: You must consult the relevant Embassy or other third parties such as Tour Operators or Travel Agents. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport. 

 

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. 

 

Disinsection: most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board.

 

BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS, WE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

 

Payment Term on Guide Direk Platform

 

Prepaid Reservations

 

In performing our service, we would be please to let you know that we take the payment prior to the start of your trip via all means of online payment as shown in our platform. We as a middleman platform has conducted pre-negotiate with our tour guide on some certain rates of their service as shown on our platform. In conducting reservation on our platform, you acknowledge that rates as well as acknowledge our right to make reservation for your service on behalf of you which also be taken into a consideration of additional service fee on the platform. Therefore, the rates displayed on our platform may include the rate of service charged by our tour guide for their service, service fee charged by us. In this, you also authorize us to make reservations for the total reservation price which includes the rate displayed on the websites, plus tax recovery charges, service fees, and where applicable, taxes on the GuideDirek™’s services. You agree that your credit card will be charged by the us for the total reservation price. Upon submitting your reservation request you authorize the us, including Matong Co., Ltd., to facilitate reservations on your behalf, including making payment arrangements with our suppliers. Service fees retained by us for their services vary based on the amount and type of reservation. 

 

You may cancel or change your prepaid reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions of the reservation. If you do not cancel or change your reservation before the cancellation policy period applicable prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the date of your reservation, you must confirm the reservation changes with us no later than the date of which is considered as cancellation which will be reserved for reservation to prevent cancellation of your reservation.

 

Service Fees

 

We may not charge any fees to tour guide while we may collect some fee as service fee from Guests instead ("Guest Fees") in consideration for the use of our platform. Any applicable Service Fees (including any applicable Taxes) will be displayed to Guest prior to any booking of service. We reserve the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

 

You are responsible for paying any Service Fees that you owe to us. The applicable Service Fees (including any applicable Taxes) are collected by Guide Direk Payments directly. Our payments will deduct any Service Fees from the Listing Fee before remitting the payout to the tour guide. Any Guest Fees are included in the Total Fees collected by our payments. Except as otherwise provided on our platform, Service Fees are non-refundable.

 

Currency Converter

 

If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but we and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes. 

 

Bank and Credit Card Fees

 

Your payment is processed in Cambodia under the bank of……., when we process your payment. Once you agree upon your reservation at the end of the reservation stage, your transaction will be proceeded to our account as deposit. By the end of your service with our guide, the transaction will be directly transacted into our guide account.

 

We or the travel supplier may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the your credit card).

 

Some banks and credit card companies impose fees for international or cross border transactions. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank. 

 

Rounding off

 

We generally support payment amounts that are payable from or to Guests or Tour Guide to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where our third-party payment services provider does not support payments in the smaller unit supported by a given currency, we may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Guests or Tour Guides to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, We may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.



App Functioning

 

By the end of the service, Tour Guide and/or service provider must confirm us on the platform in order to indicate that the service is finished so that we can further process the payment to each individual account. Please be aware that only Guests who have booked you can Rate and Review your service on our platform.

For guest features, once the Tour Guide confirm the end of the trip, another screen or notification will pop up and ask users to participate in the Rate and Review Section of their service. Please be aware that only you can Rate and Review the service you have reserved on our platform.

 

In some cases, you may want to expand your times or date of your travel with our Tour Guide, and we recommend you going into our platform and further making request for expending your trip with our Tour Guide. However, we reserve the right to reject or confirm your request which basically is not under our under but under the control of our Tour Guide availability. Please also be aware that further required fee maybe needed in order to expand your trip if our Tour Guides are available.

 

Sort Order

 

Travelers have many options on to help them find the perfect options for them. The “sort” settings at the top of the page allows travelers to order search results to their preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow travelers to include or exclude various options to suit their travel needs. If no options are selected, we will show a range of relevant options in the search results as a default option. Our default sort order is based on firstly regions, which have been mainly divided into three mains regions in our systems based on the license procedure from Ministry of Tourism in Cambodia, yet once user fill in the provides of their travel choice, our system will rank our tour guide that have authority to provide service in these regions. Second, our default search result will also be ranked based on the availability of each guide on our platform. In a case of you book the service for more than one day, the result shows on the guide that available for the whole period you requested on the platform.

 

Feedback

 

We welcome and encourage you to provide feedback, comments and suggestions for improvements to our platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of our platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 

Software Available on this Platform

 

Any software that we make available to download from our website ("Software") or through your mobile application store, including the Guide Direk mobile application (the "Mobile Application") is the copyrighted work of our company and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose. 

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this website, is owned by our company, our partners, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible 

 

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the Terms of the License Agreement.


Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information. 

 

Map Terms

 

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information: 

 

OpenStreetMap geo data used in mapping is (c) OpenStreetMap contributors and available under the Open Database License (ODbL)

Liability Disclaimer

 

We will not be responsible for any direct, indirect, incidental, special and consequential damages caused by improper use of our services, illegal use of services, provide incorrect nor irrelevance information supplied by users.

 

The Information, Software, Products and Services published on this platform may include inaccuracies or errors, including pricing errors. We would be please to let you know that as far as your safety is our top priority, we would do all we can to double check on all information on our platform especially tour guide National ID, and their guiding license certified from Ministry of Tourism Cambodia.  Yet for some other information including their background description, and interests will be provided by tour guides themselves. In particular, we do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the services displayed on this our platform (including, without limitation, the pricing, photographs, list of activities, general service descriptions, etc.). In addition, we reserve the right to correct any pricing errors on our platform and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty. 

 

Review and ratings displayed on our platform are intended as only general guidelines, opinions, feedbacks from previous trip, or customers and we do not guarantee the accuracy of the ratings. We may make improvements and/or changes on the platform at any time. 

 

We and our respective suppliers make no representations about the suitability of the information, software, products and services contained on this platform for any purpose, and the inclusion or offering of any products or services on this platform does not constitute any endorsement or recommendation of such products or services by us. All such information, software products, and services are provided “as is” without warranty of any kind. We and our respective suppliers disclaim all warranties and conditions in this platform, its servers or any email sent from us and/or us respective suppliers are free of viruses or other harmful components. We and our respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement. 

 

The certified tour guide registered on our platform and other suppliers providing travel or other services on our platform are independent contractors and not agents or employees of us. Therefore, we are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. We and our partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. 

 

In no event shall we and/or our respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this platform or with the delay or inability to access, display or use this platform (including, but not limited to, your reliance upon opinions appearing on this platform; any computer viruses, information, software, linked sites, products and services obtaining through this platform; or otherwise arising out of the access to, display of or use of this platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we and/or our respective suppliers have been advised of the possibility of such damages. 

 

If, despite the limitation above, we or our respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of us and/or our respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Expedia, Inc. in connection with such transaction(s) on this platform, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency. 

 

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of us and/or their respective suppliers. 

 

Indemnification

 

You agree to defend and indemnify the us, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: 

  • Your breach of these Terms of Use or the documents referenced herein

  • Your violation of any law or the rights of a third party

  • Your use of this platform

 

Disputes

 

We are committed to customer satisfaction, regardless any kinds of problem that users may encounter, we will try our best to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section. 

 

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting our support team in contact information on this platform.

 

If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below. 

 

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

 
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

 

Term and Termination, Suspension and other Measures

 

This Agreement shall be effective until such time when you or Guide Direk terminate the Agreement in accordance with this provision.

 

You may terminate this Agreement at any time by sending us an email. If you cancel your account of our platform as a Tour Guide, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your account of our platform as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

 

Without limiting our rights specified below, we may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

 

We may immediately, without notice, terminate this Agreement and/or stop providing access to our platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of ours, our Members, or third parties (for example in the case of fraudulent behavior of a Member).

 

In addition, we may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during account registration on our platform, Listing process or thereafter, (iv) you and/or your Listings or services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or we otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of ours, our Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;

  • cancel any pending or confirmed bookings;

  • limit your access to or use of our platform;

  • temporarily or permanently revoke any special status associated with your account;

  • temporarily or in case of severe or repeated offenses permanently suspend your account and stop providing access to our platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by us and an opportunity to resolve the issue to our reasonable satisfaction.

 

If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

 

When this Agreement has been terminated, you are not entitled to a restoration of your account of our platform or any of your Member Content. If your access to or use of our platform has been limited or your account of our platform has been suspended or this Agreement has been terminated by us, you may not register a new account of our platform or access and use our platform through an account of another Member.

 

If we take any of the measures described above you may appeal such a decision by contacting our customer service.

 

Severability

 

If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

 

Survival

 

If you or we terminate the Terms, the clauses of these listing Terms that reasonably should survive termination of the Terms will remain in effect. When the Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Member Content.

 

Modification of these Terms

 

We reserve the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on our platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the platform will constitute acceptance of the revised Terms.

 

General Provisions

 

We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you.

 

You agree that no joint venture, agency, partnership, or employment relationship exists between you and us and/or our corporate affiliates as a result of this Agreement or use of the Services.

 

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

 

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.

 

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

 

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

The terms and conditions of this Agreement are available in the language of our websites and/or apps on which Services may be accessed.

 

The platform on which Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law.

 

Fictitious names of companies, products, people, characters, and/or data mentioned in, on or through the Services are not intended to represent any real individual, company, product, or event.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, save that our corporate affiliates shall be deemed express third-party beneficiaries of this Agreement.

 

You are prohibited from transferring any of your rights or obligations under this Agreement to anyone else without our consent.

 

Any rights not expressly granted herein are reserved.

 

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

 

Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

 

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

 

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by us via email, our platform notification, or messaging service (including SMS).

 

If you have any questions about these Terms please contact us via the information on our platform.

 

Additional Considerations

 

This Privacy Policy has originally been drawn up in the English language. Translations in other languages are available for your convenience. In case of conflict between the English language version and a translated version, the English language version shall prevail.

 

Service Help

 

For quick answers to your questions or ways to contact us, visit our Customer Support Center. Or, you can write to us at: 

Attn: Customer Service 

Email: matonggroup@gmail.com

Phone: ……

Matong Co., Ltd. 

……

Phnom Penh, Camboida