I, the undersigned am over 18 and can legally bind myself and anyone I purchase the tour for into purchasing this tour, agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”). I waive any and all claims I may have now and in the future, and release from all liability and agree not to sue TourCentric, Inc. its officers, agents, representatives, employees or tour guides [hereafter referred to as “Staff”] for any personal injury, death, property damage, or loss sustained by me as a result of my participation in the Self Tour due to any cause whatsoever, including without limitation, negligence on the part of TourCentric, its Staff, tour partners, or other participants, or death or injury as a result of war, civil unrest or epidemic. I further agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
I am aware that the tour, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: car tickets which you might get for parking incorrectly and moving violations, accidents, and or tolls. I accept all the inherent risks of the proposed self tour and the possibility of personal injury, death or property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of the proposed form of tour, self-driving, self-walking, self-bicycling, self-mopeding, self-scooting, self-skateboarding or any sort of cool self driving jet/hoverboard not yet created) is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I agree that if I suffer injury or illness to pay this expense on my own. TourCentric’s only responsibility to you is to provide you with a tour experience through the application.
Further, I agree at all times during the tour, to abide by law or regulation set by statute or court precedent in the jurisdiction where I am taking the self tour(e.g. no driving while on the phone, and or use the app with two ear buds in.) I understand and accept that non-compliance with any of the law, which includes using the phone at the same time as driving or not using a hands free device or mounting the phone may result in injury, death or permanent disability.
I am aware that any tour provided by TourCentric, is not involved in anyway with the mode of transportation that you are renting or have purchased to take a tour (e.g. getaround, Zipcar, Avis, Scoot, Uber, Lyft, Byrd etc.) I also understand that TourCentric is not in anyway responsible for out of date driving directions by any gps service (e.g. google maps, apple maps and waze.)
In entering this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by TourCentric or its Staff or any other inducement or coercion to go on the tour. I confirm that, by my own free will. As a participant on the tour, I accept full responsibility for my behavior, wellbeing, and health throughout the tour, which may involve a variety of activities, unfamiliar locations.
By purchasing the ticket(s), you affirm that you have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Must have a mobile phone with access to internet. The mobile phone must be update to the most recent Droid or IOS with a minimum of Android 9 and IOS 11. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to TourCentric certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or TourCentric’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by TourCentric in writing, you may only possess one Account.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from TourCentric at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
TourCentric may, in TourCentric’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider’s services, subject to any additional terms that TourCentric establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by TourCentric; (iii) may be disabled by TourCentric at any time for any reason without liability to TourCentric; (iv) may only be used pursuant to the specific terms that TourCentric establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. TourCentric reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that TourCentric determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. TourCentric does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TOURCENTRIC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TOURCENTRIC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. TOURCENTRIC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
TOURCENTRIC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF TOURCENTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOURCENTRIC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF TOURCENTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOURCENTRIC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TOURCENTRIC’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL TOURCENTRIC’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED DOLLARS ($500).
TOURCENTRIC’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE A TOUR, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TOURCENTRIC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TOUR, OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold TourCentric and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) TourCentric’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the state of California.
Purchases
All tours must be purchased on the application and do not include, bridge tolls, tickets to the F-line or other third-party provider. These must be paid by the user before or after purchasing the tour. All tours purchased and scheduled on the app will be available for 72 hours, thereafter expire. Because TourCentric cannot control traffic or satellite location services you might experience a lag, overlap, or skip in the audio files; if that happens don’t forget that TourCentric makes the tour available for unlimited-use within the 72 hour window!
Refunds
All sales are final. We do not offer refunds.
Intellectual Property
All Audio files enjoyed on the tour is solely for entertainment purposes and not to be shared with third parties and remains the property of TourCentric.
