Terms and Conditions

1           Preamble

Tourist Tube FZ-LLC (Tourist Tube), a company incorporated in Dubai Internet City with its address at DIC Building 2, Dubai Internet City, PO Box # 501848, Dubai, United Arab Emirates, is operating an online multi-service platform with mobile applications dedicated to serve stakeholders of global online travel.

Tourist Tube FZ LLC maintains the www.myhotels360.com Website (Site).

Tourist Tube is continuously innovating and augmenting the platform with exclusive high-end features, among which the Services, that carry substantial commercial and branding benefits to Subscribers.

The Terms and Conditions herein set out the basis on which Tourist Tube shall produce and provide the Services to Subscribers. Preamble constitutes an integral part of these Terms and Conditions.

Tourist Tube and Subscriber are each referred to herein as a party, and together as the parties.

2           Definitions

In these Terms and Conditions, the following terms have the meanings set out alongside them:

Agreed Fee is a recurrent payment per Hotel, made by Subscriber to Tourist Tube, with the first occurrence paid upon subscription to the Services, and with later occurrences paid in advance periodically, as per the payment plan selected by Subscriber. The Agreed Fee is quoted exclusive of any applicable taxes, which shall be payable by Subscriber in full where applicable;

Application a menu-driven interactive offline tablet application produced by Tourist Tube for each Hotel, incorporating the 360-degree images and compatible with selected operating systems;

Confidential Information in relation to each party, means all information not publicly known and which is used in or otherwise relates to that party, or the party's affiliates', business, customers or financial or other affairs, including information relating to: (i) the marketing of products or services including customer names and lists and other details of customers, financial information, sales targets, sales statistics, market share statistics, prices, market research reports and surveys, and advertising and other promotional materials; (ii) trade secrets and know-how; (iii) personnel, agents, third party intermediaries and suppliers; and (iv) future projects, business development or planning, commercial relationships and negotiations, in each case existing in any form, whether or not marked "confidential" and where the recipient of the information ought to have reasonably known that the information disclosed was confidential;

Filming Date(s) is(are) the pre-arranged dates agreed upon between the Subscriber and Tourist Tube to perform the Shoot;

Hotel(s) means the hotel properties and / or premises object of the Services;

Intellectual Property Rights means copyright and related rights, trade marks, business names and domain names, rights in get-up, patents, rights to inventions, goodwill, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world;

Services means all items listed in section 3.4 herein;

Subscriber means the party requesting the Services in agreement with these Terms and Conditions;

Subscription means the ongoing and paid subscription to the Services made by the Subscriber in agreement with these Terms and Conditions;

Shoot means the capture of photographs and/or video film for the purpose of creating the Services;

Virtual Tour means the collection of spherical-type – virtual reality ready – 360 degrees photos produced by Tourist Tube for each Hotel.

3           Rights and Obligations

3.1    Subscriber hereby authorises Tourist Tube to access the Hotel(s) on the Filming Date(s) for the purposes of allowing Tourist Tube to perform the Shoot.

3.2    Subscriber shall provide all reasonable assistance to enable Tourist Tube to perform the Shoot. In particular, Subscriber shall:

(a)  provide contact information for an on-site member of staff to liaise with Tourist Tube on the Filming Date(s);

(b)  ensure that each Hotel is suitably prepared for the Shoot, including all relevant dressing and decoration;

(c)  provide access to power, internet and other amenities necessary for the conduct of the Shoot;

(d)  ensure the location(s) of the Shoot are free from disruption, including by installing appropriate cordons or other measures to prevent staff and members of the public from interfering with the Shoot; and

(e)  provide, if needed, one-night free hosting to the Tourist Tube’s staff performing the Shoot.

3.3    Tourist Tube shall provide on the Filming Date(s) all necessary camera and lighting equipment and technical staff for the Shoot.

3.4    Upon completion of the Shoot and the creation of the Virtual Tour and the Application, Tourist Tube shall:

(a)  host the Virtual Tour on Tourist Tube’s platform;

(b)  provide Subscriber with the full collection of links giving access to the Virtual Tour, which Subscriber may embed solely in Subscriber’s and each Hotel's official websites;

(c)  provide Subscriber with a limited and selected collection of 360-degree ready pictures of the Virtual Tour, which Subscriber / Hotel may upload solely to Subscriber’s / Hotel’s registered accounts on social media supporting 360-degree display technology;

(d)  provide Subscriber / Hotel with the Application, as well as updates and technical support thereof from time to time;

(e)  perform additional photography and modify the Virtual Tour and the Application accordingly from time to time, following major changes in Hotel’s characteristics, such as substantial lobby renovation and/or introduction of new rooms/suites/facilities configurations;

The Agreed Fee for the above Services shall be as per the payment plan selected by Subscriber.

3.5    For technical maintenance purposes, Tourist Tube may from time to time suspend or restrict access to the Virtual Tour and will try to resume normal access as soon as feasible while giving Subscriber reasonable notice of any such actions.

4           Intellectual Property Rights

4.1    Subscriber acknowledges and agrees that, as between the parties, Tourist Tube shall retain ownership of all Intellectual Property Rights in all photography and video film arising from the Shoot and any derivative works which it may create (including the Virtual Tour). Unless otherwise expressly provided herein, Subscriber shall not acquire any proprietary right or interest in any Intellectual Property Rights in the Virtual Tour. Subscriber acknowledges and agrees that Tourist Tube shall be entitled to use and publish the Virtual Tour at its sole discretion, subject to Subscriber's rights to use the same as set out herein.

4.2    Subscriber shall use the Virtual Tour only in the form and format made available to it by Tourist Tube hereunder and has no right to: (i) copy, adapt or modify the Virtual Tour; (ii) extract any part of the Virtual Tour from the whole (including any screenshot or sequence); (iii) remove, modify or obliterate any copyright notices, branding or similar details incorporated into the Virtual Tour; or (iv) use the Virtual Tour for any purpose or in any way except as expressly permitted herein.

4.3    Subscriber hereby grants to Tourist Tube full permission to use any Hotel or Subscriber trademarks, trade names or brand imagery comprised within the Virtual Tour (including representations of the Hotel and associated branding) throughout the world in all and any media. Subscriber does not object to Tourist Tube storing copies of the Virtual Tour for any purpose or using the Hotel or Subscriber name in connection with the Virtual Tour.

5           Confidentiality

5.1    Each party shall ensure that it treats all Confidential Information as confidential and shall not use any Confidential Information for its own purposes outside the scope of the Service. Except as may be permitted by law, the parties shall not, and shall ensure that any third party does not disclose any Confidential Information without the relevant party's prior written consent.

5.2    This clause 5 shall remain in full force and effect for the duration of Subscription and a period of two years after the expiry or cancellation of Subscription.

6           Subscription Payment

6.1    Subscriber agree to the payment terms presented in the payment plan selected upon signing up for the Services. Subscription is automatically renewed 30 calendar days prior to expiry date. Subscriber may not receive notice of renewal and are responsible to visit the Subscription and Billing page to find out when Subscription expires.

6.2    We accept payments online using Visa and MasterCard credit/debit card in AED, EUR and USD. If “Credit Card Online” is selected as the payment methods then the details on the Customers ID (Cardholders ID) should exactly match that of the credit card used to make the purchase.

6.3    Subscriber must ensure that the debit / credit card information used for Subscription payments is current and accurate, and that Subscriber is authorized to use that credit card.

6.4    Tourist Tube may implement fraud-protection measures anytime including, without limitation, temporarily charging small amounts to validate credit card and authorization. The details Subscriber / Cardholder are asked to submit will be provided directly to our payment provider via a secured connection.

6.5    Once payment is made, the confirmation notice will be sent to the Subscriber via email within 24 hours of receipt of payment.

6.6    Subscriber / Cardholder must retain a copy of transaction records. Also, Subscriber is responsible for maintaining the confidentiality of their accounts.

6.7    A Subscription made online automatically acknowledges that Subscriber has read and agreed to the particular conditions attached to that Subscription. Tourist Tube can in no way be held responsible for claims of no previous knowledge on conditions of subscription made.

6.8    Minors under the age of 18 are not allowed to transact on the website.

6.9    Tourist Tube will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries, in accordance with the laws of UAE.

7           Subscription Cancellation / Refund

7.1    In case cancellation of Subscription is desired, an email or phone call to Tourist Tube is not sufficient. Subscriber must cancel Subscription at any time by selecting the cancel button on the Subscription and Billing page.

7.2    Cancellation does not entitle Subscriber to any refund whatsoever for any portion of the Subscription term. While the Services shall remain accessible until the end of the Subscription term, access thereafter shall be lost if the Subscription is no longer in good standing.

8           Termination

8.1    Without limiting its other rights or remedies, either party may withdraw from these Terms and Conditions with immediate effect by giving written notice to the other party if:

(a)  The other party commits a material breach of any term of these Terms and Conditions and (if such a breach is remediable) fails to remedy that breach within 14 days of being notified in writing to do so;

(b)  The other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;

(c)  The other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.

8.2    Both parties acknowledge and agree that a court order shall not be required to give effect to any withdrawal from these Terms and Conditions in accordance with 8.1.

8.3    The expiry, cancellation or termination of Subscription (howsoever occasioned) shall not affect any accrued rights or liabilities of either party, nor shall it affect the coming into force or the continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into force or continue in force on or after termination.

8.4    Upon the expiry, cancellation or termination of Subscription (howsoever occasioned), clauses 2, 4, 5, 8, 9 and 13 shall survive and continue in full force and effect.

9           Warranties and Liability

9.1    Subscriber warrants, represents and undertakes that it is the authorised Subscriber of the Hotel(s) and it has all rights, authorisations or consents necessary to abide by these Terms and Conditions and to grant Tourist Tube all rights and permissions contemplated hereunder.

9.2    The Virtual Tour is provided on an "as is" and “as available” basis and Tourist Tube makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions, regarding fitness for a particular purpose, non-infringement of intellectual property or other violation of rights, or reliability of the use of the Virtual Tour.

9.3    In no event shall Tourist Tube be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of Subscriber's use of, or inability to use, the Virtual Tour.

9.4    Nothing in these Terms and Conditions limits or excludes a party's liability: (i) to the extent that it cannot be legally limited or excluded by law; (ii) for death or personal injury arising out of its negligence or that of its employees); or (iii) for losses suffered by the other party arising out of the first party's fraud or fraudulent statement.

10       Services Use

10.1  Rights to use any branding or logos used in our services are strictly reserved; do not therefore remove, obscure, or alter any legal notices displayed in or along with these services.

10.2  Make sure not to misuse our services i.e. do not interfere with our services or try to access them using a method other than the interface and the instructions that we provide.

10.3  You may use our services only as intended and permitted by law. Therefore, we can suspend or stop providing services to you if you do not comply with our terms or policies, or if we have reasons to believe misconduct.

10.4  We can also send you announcements and other info in relation with your use of our services; you can choose to opt out of some of these notifications.

11       Privacy Policy

Please read our Privacy Policy for details of protecting your personal data and privacy. You hereby agree that once a Subscriber to Tourist Tube, you grant us use of such data in accordance with our Privacy Policy.

12       About these Terms

12.1  These Terms and Conditions set the relationship solely between Subsriber and Tourist Tube and do not create any third party recipient rights.

12.2  We may modify these Terms and Conditions and/or any additional terms that apply to a Service in a way to reflect changes to the law or changes to our services. You should regularly check these Terms and Conditions, and we shall post notice of such modifications and/or additions on the current page. However, no variation of these Terms and Conditions shall be valid unless recorded in writing and signed by or on behalf of an authorised representative of each of the parties.

12.3  In case there is a conflict between these Terms and Conditions and the modified/additional terms, the modified/additional terms shall prevail. If Subsriber does not agree to the modified / additional terms for a Service, Subsriber should discontinue use of that Service.

12.4  These Terms and Conditions, together with the documents referred to herein, constitute the entire understanding between the parties in respect of the matters dealt within them and supersede any previous agreement(s) between the parties relating to such matters.

12.5  If any provision in these Terms and Conditions is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.

12.6  Any failure to exercise or any delay in exercising a right or remedy provided by these Terms and Conditions or at law or in equity (and/or the continued performance of these Terms and Conditions) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies.

12.7  Nothing in these Terms and Conditions shall be construed as constituting or evidencing any partnership, contract of employment or joint venture of any kind between either of the parties or as authorising either party to act as agent for the other.

12.8  Subscriber shall not assign, transfer or subcontract any of its rights and/or obligations hereunder to any affiliate or to a third party, unless so approved in writing by Tourist Tube.

12.9  Nothing in these Terms and Conditions is intended to confer a benefit upon, or to be enforceable by, any person other than the parties hereto.

13       Governing Law and Dispute Resolution

13.1  Tourist Tube country of domicile is the UAE; hence, these Terms and Conditions are governed by and shall be construed in accordance with the laws of the United Arab Emirates; all disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

13.2  Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity or termination, shall first be referred to a senior representative of each party who shall attempt to settle any such dispute by negotiation.

13.3  If the parties' representatives are unable to resolve any dispute within 21 days of negotiations commencing, the dispute be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre (Rules), which Rules are deemed to be incorporated by reference into this clause. For the purposes of any arbitration proceedings commenced pursuant to this clause, the number of arbitrators shall be one, the place at which the arbitration takes place shall be Dubai, United Arab Emirates and the language to be used in the arbitral proceedings shall be English.

13.4  The parties agree that each of them:

(a)  shall submit to the non-exclusive jurisdiction of the courts of Dubai, United Arab Emirates for the purposes of ratifying any award made pursuant to arbitration proceedings under this clause;

(b)  shall not challenge any arbitral award made pursuant to arbitration proceedings under this clause; and

(c)  shall not object to or challenge any application to enforce any arbitral award made pursuant to arbitration proceedings and shall submit to the jurisdiction of that court for the purposes of those enforcement proceedings.

13.5  Any right of appeal or reference to points of law to the courts is waived, to the extent that such waiver can be validly made.

Contact Us

United Arab Emirates is Tourist Tube FZ-LLC’s country of domicile. If you have questions about these Terms and Conditions, kindly contact us by postal mail or email as follows:

Tourist Tube FZ-LLC

Floor 1; DIC Building 12; 35, DIC Street; city Dubai; UAE; PO Box # 501848

support@touristtube.com

©2021 Tourist Tube FZ-LLC

Date of Last Revision: June 14, 2021

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