These Supplier Terms and Conditions ("Agreement") are entered into between TourVigator ("Tour Vigator"), a company registered and operating from Zanzibar, Tanzania, East Africa, and the Supplier. This Agreement governs the relationship between Tour Vigator and the Supplier in connection with the Supplier's use of the Tour Vigator Platform.
TourVigator operates an international digital marketplace through which independent Suppliers may list, promote, and offer tours, activities, excursions, attractions, experiences, and other travel-related services to Customers in different countries.
Suppliers may be located in Tanzania or in other countries and territories. The laws applicable to a Supplier may therefore vary depending on the Supplier's place of establishment, the location where Services are provided, and other applicable connecting factors.
Tour Vigator is a marketplace and technology intermediary. Unless expressly stated otherwise for a particular service, Tour Vigator does not itself provide, operate, own, manage, guide, transport, or control the Services listed by Suppliers.
The contractual relationship for the provision of a particular Service is generally between the Supplier and the Customer, subject to the applicable booking terms, mandatory consumer protection laws, payment arrangements, and the terms displayed for the relevant Service.
This Agreement shall be interpreted together with the General Terms and Conditions, Supplier Privacy Policy, applicable Platform policies, Product Offer terms, and any other written terms expressly incorporated into the Supplier relationship.
These terms have been drafted in the English language. Translations may be provided for convenience. In the event of inconsistency between the English version and a translated version, the English version shall prevail to the extent permitted by applicable law.
Tour Vigator operates an online marketplace that enables independent Suppliers to create listings, provide availability, receive bookings, communicate with Customers, and receive payouts for eligible Services offered through the Platform.
Depending on the applicable commercial arrangement, Tour Vigator may act as an intermediary, commercial agent, booking facilitator, payment facilitator, technology provider, marketing platform, or other authorised service provider in connection with transactions between Suppliers and Customers. The exact role may vary according to the applicable Service, payment arrangement, jurisdiction, and mandatory law.
Tour Vigator does not generally take ownership or physical possession of the Services listed on the Platform and does not generally provide the Services itself. Supplier remains responsible for the actual delivery, quality, legality, availability, safety, staffing, equipment, and performance of its Services.
Supplier acknowledges that Tour Vigator may establish reasonable marketplace rules, verification procedures, content standards, booking requirements, payment procedures, safety requirements, and customer-service standards for the operation of the Platform.
Tour Vigator may verify Supplier information and Services before or after publication and may suspend, reject, restrict, remove, or terminate listings or accounts where reasonably necessary to protect Customers, Suppliers, the Platform, or to comply with applicable law.
Supplier may manage its Supplier Account, Supplier Content, Product Offers, availability, pricing, bookings, payout information, and other permitted information through the Supplier Administration Site.
Supplier shall provide accurate, complete, and current information reasonably required by Tour Vigator to establish and maintain the Supplier Account. Depending on the Supplier and the Services offered, this may include business registration information, ownership information, identity information, tax information, licences, permits, insurance documentation, payout information, certifications, and other compliance documentation.
Where the Supplier operates in Tanzania or Zanzibar, Tour Vigator may request documentation issued by the relevant Tanzanian or Zanzibar authorities. Where the Supplier operates elsewhere, Tour Vigator may request equivalent documentation issued by the relevant authority in the Supplier's jurisdiction.
The Supplier Account is personal to the approved Supplier and may not be transferred to another person or entity without prior written approval from Tour Vigator.
Supplier is responsible for maintaining the confidentiality of account credentials and for activities performed through the Supplier Account, except where unauthorised access results from circumstances for which Supplier is not reasonably responsible.
Tour Vigator may periodically request updated documents or information to confirm that Supplier remains eligible to use the Platform.
For each Service offered through the Platform, Supplier shall provide a complete, accurate, and up-to-date Product Offer.
Supplier is responsible for determining the Retail Price of its Services and for ensuring that pricing information presented to Customers is accurate and complies with applicable pricing, consumer protection, tax, and advertising requirements.
Each Product Offer should clearly disclose, where applicable: (i) a description of the Service; (ii) what is included and excluded; (iii) applicable taxes, fees, levies, and mandatory charges; (iv) cancellation and refund terms; (v) health, safety, fitness, or participation requirements; (vi) age restrictions; (vii) meeting or pickup information; and (viii) any material limitations or conditions affecting the Service.
Supplier is solely responsible for the proper fulfillment and delivery of the Services described in its Product Offer, subject to the rights and obligations created by applicable law and the relevant booking terms.
Supplier shall not list or sell Services that Supplier is prohibited from providing under the laws, regulations, licences, permits, or professional requirements applicable to Supplier or to the location where the Services are provided.
Supplier shall promptly update or remove any Product Offer that becomes inaccurate, unavailable, unlawful, unsafe, misleading, or otherwise inconsistent with applicable requirements.
Supplier agrees to pay Tour Vigator the applicable Commission for each Completed Booking or other transaction subject to a Commission under the Supplier Account or applicable commercial agreement.
The applicable Commission rate shall be communicated to Supplier through the Supplier Account, commercial agreement, or other applicable written notice. Tour Vigator may update Commission rates in accordance with the notice requirements applicable to the Supplier relationship.
Tour Vigator may collect payments from Customers and remit eligible payouts to Supplier after deduction of applicable Commission, refunds, chargebacks, payment processing adjustments, withholding amounts, reserves, or other amounts properly due under this Agreement or applicable law.
Payouts shall normally be made in United States Dollars (USD), unless Tour Vigator expressly provides another payout arrangement. Supplier is responsible for providing accurate payout information and for any bank, intermediary, conversion, receiving, or currency-related costs imposed on Supplier.
Supplier is solely responsible for determining, charging, collecting, reporting, and remitting taxes applicable to its Services and business activities, except to the extent that applicable law expressly requires Tour Vigator or a payment provider to perform a particular tax obligation.
Such taxes may include, depending on the applicable jurisdiction and circumstances, VAT, GST, sales tax, goods and services tax, tourism levies, withholding tax, income tax, digital services tax, local taxes, municipal charges, or similar taxes and duties.
Supplier is responsible for determining whether it has a taxable presence, tax nexus, permanent establishment, registration requirement, invoicing obligation, or other tax obligation in any jurisdiction in which it operates or provides Services.
Tour Vigator does not provide tax, legal, accounting, or financial advice. Supplier should obtain independent professional advice regarding its tax and regulatory obligations in each relevant jurisdiction.
Where applicable law requires Tour Vigator or a payment provider to withhold, collect, report, or remit a tax or other government charge, Tour Vigator or the relevant provider may do so and may provide available documentation to Supplier.
Tour Vigator provides a digital marketplace and technology infrastructure through which independent Suppliers may offer Services to Customers.
Except where expressly stated otherwise, Supplier remains the provider of the Services and is responsible for fulfilling the Customer's booking in accordance with the Product Offer and applicable law.
Tour Vigator does not generally take ownership or physical possession of Supplier Services and does not generally resell those Services as principal.
Supplier is responsible for issuing invoices, receipts, tax documents, or other legally required documents relating to the Services where such documents are required from the Supplier.
Nothing in this Agreement creates a partnership, joint venture, employment relationship, franchise, or unrestricted agency relationship between Tour Vigator and Supplier.
Supplier acknowledges that the legal classification of digital marketplaces, agents, payment facilitators, and marketplace operators may differ between jurisdictions. Nothing in this Agreement prevents mandatory legal requirements from applying to Tour Vigator or Supplier where those requirements cannot lawfully be excluded.
Supplier may communicate with Customers through Tour Vigator's Communication Tools for purposes reasonably connected with a Booking, including pickup arrangements, meeting instructions, Service information, safety information, changes, and customer support.
Supplier shall not use Customer information obtained through Tour Vigator to circumvent the Platform, unlawfully avoid Commission or fees, or conduct unauthorised marketing.
Supplier shall not request unnecessary sensitive personal information from Customers and shall process Customer Personal Data only for lawful and legitimate purposes connected with the Booking or as otherwise permitted by applicable law.
Supplier shall not pressure, manipulate, or improperly influence Customers to provide positive reviews or to remove legitimate negative reviews.
Supplier should check Platform communications regularly and, where reasonably possible, respond to Customer enquiries within twenty-four (24) hours.
Supplier shall cooperate in good faith with Tour Vigator in responding to Customer complaints, safety concerns, refund requests, disputes, and other Booking-related matters.
Tour Vigator may market Supplier Services through its website, applications, search services, social media, email, advertising channels, affiliate channels, partner channels, and other lawful promotional channels.
Supplier grants Tour Vigator the rights necessary to use Supplier Content and Supplier Marks for the operation, promotion, advertising, distribution, and marketing of Supplier Services through the Platform and related channels.
Supplier shall ensure that Supplier Content, trademarks, photographs, videos, descriptions, pricing claims, awards, certifications, and other marketing information supplied to Tour Vigator are accurate and may lawfully be used for these purposes.
Marketing and advertising activities shall comply with applicable advertising, consumer protection, intellectual property, privacy, and electronic communications laws in the relevant jurisdiction.
Supplier shall not use Tour Vigator's name, trademarks, logos, or other branding except as expressly authorised by Tour Vigator.
Supplier shall comply with all Applicable Laws relevant to its business and Services, including laws relating to tourism, business registration, licensing, consumer protection, health and safety, employment, environmental protection, taxation, insurance, advertising, privacy, data protection, cybersecurity, accessibility, and any sector-specific requirements.
Where Services are provided in Tanzania, Supplier shall comply with applicable Tanzanian laws and regulations. Where Services are provided in Zanzibar, Supplier shall also comply with applicable Zanzibar laws and requirements.
Where Services are provided outside Tanzania or Zanzibar, Supplier shall comply with the laws and regulatory requirements applicable in the country, territory, state, province, municipality, or other jurisdiction governing the Supplier and/or the Services.
Supplier shall maintain all licences, permits, registrations, certificates, professional qualifications, safety approvals, insurance policies, and other authorisations required to lawfully provide its Services.
Tour Vigator may request evidence of applicable licences, permits, registrations, insurance, certifications, or other compliance documentation at any time where reasonably necessary for verification, risk management, legal compliance, or Customer protection.
Failure to maintain required licences, permits, insurance, or regulatory approvals may result in suspension or removal of affected Services or suspension or termination of the Supplier Account.
Where Supplier employs staff or contractors, Supplier is responsible for complying with applicable employment, labour, immigration, health and safety, and workplace requirements.
Supplier grants Tour Vigator a non-exclusive, worldwide, royalty-free, sublicensable licence to use, reproduce, adapt, translate, modify, publicly display, transmit, distribute, and otherwise use Supplier Content for the purposes of operating, improving, promoting, marketing, and distributing the Tour Vigator Platform and Supplier Services.
Supplier is responsible for ensuring that it owns or has obtained all rights, licences, permissions, releases, and consents necessary for Supplier Content supplied to Tour Vigator.
Supplier warrants that Supplier Content does not knowingly infringe the intellectual property, privacy, publicity, contractual, or other rights of third parties.
All intellectual property rights in the Tour Vigator Platform, including software, platform design, trademarks, logos, technology, databases, and Tour Vigator-created content, remain the property of Tour Vigator or its licensors.
Nothing in this Agreement transfers ownership of Supplier intellectual property to Tour Vigator or ownership of Tour Vigator intellectual property to Supplier.
Each Party represents that it has the legal capacity and authority to enter into this Agreement.
Supplier represents and warrants that it is lawfully established or authorised to provide the Services it lists on the Platform.
Supplier represents that it holds and will maintain all licences, permits, registrations, qualifications, approvals, and insurance required for its business and Services.
Supplier represents that information supplied to Tour Vigator, including business details, ownership information, Service descriptions, prices, availability, qualifications, licences, and compliance information, is accurate and not materially misleading.
Supplier shall promptly notify Tour Vigator if any material information becomes inaccurate, misleading, expired, suspended, revoked, or otherwise invalid.
Supplier acknowledges that Tour Vigator may rely on these representations when determining whether to allow Supplier to use the Platform and offer Services to Customers.
To the extent permitted by applicable law, Supplier shall defend, indemnify, and hold harmless Tour Vigator and its officers, employees, contractors, and service providers from claims, liabilities, losses, damages, penalties, costs, and reasonable legal expenses arising from or relating to:
(i) Supplier's breach of this Agreement; (ii) Supplier's breach of Applicable Laws; (iii) the provision or failure to provide Supplier Services; (iv) personal injury, death, or property damage caused by Supplier or arising from Supplier Services; (v) infringement of third-party intellectual property rights by Supplier Content; (vi) Supplier's fraud, wilful misconduct, or unlawful conduct; or (vii) Supplier's tax, licensing, regulatory, or compliance obligations.
Tour Vigator shall, to the extent permitted by applicable law, be responsible for claims arising directly from Tour Vigator's own wilful misconduct or gross negligence in operating the Platform.
The obligations in this Section shall survive termination to the extent necessary to address claims arising from events occurring before termination.
Supplier shall maintain insurance appropriate to the nature, scale, location, and risks of its Services and business, including any insurance required by Applicable Laws.
Depending on the nature of the Services, appropriate insurance may include public liability, general liability, professional indemnity, vehicle insurance, workers' compensation, employer liability, property insurance, marine or aviation insurance, or other sector-specific coverage.
Where applicable law requires insurance to be issued by an insurer licensed or authorised in the relevant jurisdiction, Supplier shall obtain coverage from an appropriately licensed or authorised insurer.
Tour Vigator may request evidence of insurance coverage where reasonably necessary for Supplier verification, Customer protection, risk management, or compliance.
Supplier shall promptly notify Tour Vigator if required insurance expires, is cancelled, materially reduced, or otherwise ceases to provide the required coverage.
Tour Vigator operates primarily as a marketplace and technology intermediary and does not generally provide the Services listed by independent Suppliers.
Supplier remains responsible for the acts and omissions of Supplier, its employees, guides, contractors, agents, vehicles, equipment, subcontractors, and other persons involved in delivering Supplier Services, to the extent provided by Applicable Laws.
To the maximum extent permitted by Applicable Laws, Tour Vigator shall not be responsible for losses arising solely from the provision, quality, safety, legality, availability, cancellation, delay, or failure of Supplier Services.
Tour Vigator shall not exclude or limit liability where such exclusion or limitation is prohibited by mandatory law.
To the extent permitted by applicable law, Tour Vigator shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, business opportunities, goodwill, or anticipated savings arising from the Supplier relationship.
Nothing in this Agreement excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct, or death or personal injury to the extent such liability cannot lawfully be excluded or limited.
Tour Vigator and Supplier shall comply with applicable privacy and data protection laws in connection with Personal Data processed under or in connection with this Agreement.
Depending on the relevant processing activity and applicable law, Tour Vigator and Supplier may act as separate Data Controllers, joint controllers, processors, or other legally recognised roles.
Supplier shall process Customer Personal Data only for lawful purposes connected with the relevant Booking or as otherwise permitted by Applicable Laws.
Supplier shall implement appropriate technical and organisational measures to protect Customer Personal Data against unauthorised access, disclosure, alteration, loss, destruction, or other unlawful processing.
Supplier shall not sell, rent, misuse, or disclose Customer Personal Data obtained through Tour Vigator for unrelated commercial purposes.
Where Customer Personal Data is transferred across borders, Supplier shall comply with applicable international data-transfer, privacy, security, and data protection requirements.
Supplier shall promptly notify Tour Vigator of any actual or suspected personal data breach affecting Customer Personal Data received through Tour Vigator, subject to applicable legal requirements.
Additional information regarding Supplier Personal Data is provided in the Supplier Privacy Policy.
This Agreement remains in effect until terminated in accordance with its terms.
Either Party may terminate the Supplier relationship by providing thirty (30) days' written notice, unless a different notice period is required by the applicable commercial agreement or mandatory law.
Either Party may terminate the Agreement immediately where the other Party commits a material breach that cannot reasonably be cured, becomes insolvent, engages in fraud or unlawful conduct, or loses a licence or authorisation necessary to perform its material obligations.
Tour Vigator may suspend or terminate a Supplier Account or individual Service immediately where reasonably necessary to address fraud, safety risks, unlawful activity, material misrepresentation, serious Customer complaints, payment abuse, data protection concerns, expired or invalid compliance documentation, or other material risks to Customers or the Platform.
Upon termination, confirmed Bookings shall be handled in accordance with the applicable Booking terms, cancellation policies, mandatory law, and reasonable instructions issued by Tour Vigator.
Outstanding Commissions, refunds, chargebacks, reserves, adjustments, and Supplier payouts shall remain payable or recoverable after termination where applicable.
If Supplier connects its systems to Tour Vigator through an API, channel manager, connectivity provider, integration partner, or other technology provider, Supplier shall comply with the applicable technical and security requirements.
Tour Vigator may exchange the minimum information reasonably necessary with a Connectivity Partner to enable the integration, including availability, Product Offer information, Booking information, and other operational data.
Supplier is responsible for ensuring that it has the rights and permissions necessary for its use of third-party connectivity systems.
Connectivity Partners may be located in different countries and may process information internationally. Applicable privacy and data protection requirements shall apply to such processing.
Tour Vigator is not responsible for failures caused exclusively by third-party systems, networks, APIs, hosting providers, connectivity providers, or other infrastructure outside Tour Vigator's reasonable control.
The relationship between Tour Vigator and Supplier is that of independent businesses. Nothing in this Agreement creates an employment relationship, partnership, joint venture, franchise, or agency relationship beyond any specific authority expressly granted under this Agreement or required by Applicable Laws.
The Supplier relationship is generally non-exclusive. Supplier may offer Services through other marketplaces, and Tour Vigator may offer or promote Services that are similar to or competitive with Supplier Services.
Tour Vigator is based in Zanzibar, Tanzania, but the Platform operates internationally. Supplier acknowledges that different legal, tax, consumer protection, licensing, privacy, and regulatory requirements may apply depending on where Supplier operates and where Services are provided.
Supplier remains responsible for determining and complying with the laws applicable to its business and Services. Nothing in this Agreement removes any mandatory legal obligation that applies to Tour Vigator or Supplier.
This Agreement shall be governed by the laws applicable to Tour Vigator in Tanzania, subject to any mandatory rights or protections that cannot lawfully be excluded or overridden by contract.
Before commencing formal proceedings, the Parties should attempt in good faith to resolve disputes through written communication and negotiation. Where appropriate, the Parties may agree to mediation or arbitration. Nothing prevents either Party from seeking urgent legal relief where necessary.
Tour Vigator may update these Supplier Terms from time to time. Where an amendment materially affects Supplier rights or obligations, Tour Vigator will provide reasonable notice through email, the Supplier Account, the Platform, or another appropriate communication channel, unless an immediate change is required by law, security, fraud prevention, or another legitimate urgent reason.
If any provision is found to be invalid or unenforceable, that provision shall be modified or limited to the minimum extent necessary, and the remaining provisions shall continue in effect.
This Agreement, together with the applicable Supplier Privacy Policy, General Terms and Conditions, Platform policies, and other expressly incorporated terms, constitutes the agreement governing the Supplier relationship with Tour Vigator.
Notices may be delivered electronically to the email address associated with the Supplier Account or through the Supplier Administration Site, unless Applicable Laws require another method.
By registering as a supplier on TourVigator, you acknowledge and agree to these Supplier Terms and Conditions.
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