Service Agreement & Contract

1. Parties

This Service Agreement ("Agreement") is entered into between Aurea Futura LTD ("Company", "we", "us"), a company registered in England and Wales with its registered office at 18 Spencer Road, London SW20 0QP, United Kingdom, and the individual registering as a Tour Director ("User", "you", "Tour Director") who accepts these terms by completing registration.

2. Definitions

"Platform" means the My Tour Platform software, website, and related services operated by the Company. "Service" means the provision of the Platform for tour management, rooming lists, itineraries, and related functionality. "Content" means all data, text, images, and materials uploaded or entered by Users.

3. Grant of Licence

The Company grants the User a non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the purpose of managing tours as a Tour Director. This licence does not confer any ownership rights. The Company may change, suspend or discontinue the Service after giving you reasonable notice, so you can download your data. It may act without notice where this is needed for security reasons or to comply with the law. Suspension of your own account is covered by section 9.

4. User Obligations

You agree to:

• Provide accurate, current, and complete information during registration and maintain the accuracy of such information;
• Maintain the confidentiality of your account credentials and accept responsibility for all activities under your account;
• Use the Service only for lawful purposes and in accordance with this Agreement;
• Not use the Service to transmit any harmful, offensive, or illegal content;
• Not attempt to gain unauthorised access to the Platform, other accounts, or any systems or networks;
• Not reverse-engineer, decompile, or disassemble the Platform;
• Not sublicense, resell, or commercially exploit the Service without prior written consent;
• Comply with all applicable laws and regulations in your jurisdiction.

5. Data and Content

You retain ownership of Content you submit. By submitting Content, you grant the Company a worldwide, non-exclusive, royalty-free licence to store, process, and display such Content solely for the purpose of providing the Service. You are solely responsible for the accuracy and legality of your Content. The Company does not verify, endorse, or guarantee any Content. You warrant that you have all necessary rights to submit Content and that it does not infringe any third-party rights.

Personal data of your guests. For the personal data of Travellers, Group Leaders, hotels, drivers and chaperones that you enter or that they give through your tour, you are the data controller and the Company is your data processor. The Company:

• processes that data only to provide the Service to you, as you direct through your use of it, unless the law requires otherwise;
• limits who can see it, as described in section 6A of the Privacy Policy;
• protects it with the measures in section 11 of the Privacy Policy;
• uses only the service providers listed in section 8 of the Privacy Policy, and keeps that list up to date;
• passes on to you, and helps you answer, any request it receives from a person about their data;
• tells you without undue delay if it becomes aware of a personal data breach affecting that data, and helps you meet your own duties;
• deletes or anonymises that data on the schedule in section 10 of the Privacy Policy, and straight away for the tours you own if you delete your account; you can download your data before then;
• gives you the information you reasonably need to show that these terms are met.

For your own account data, the Company is the data controller, as set out in the Privacy Policy.

6. Limitation of Liability

To the fullest extent permitted by law:

• The Company provides the Service with reasonable care and skill; apart from that and any term implied by law that cannot be excluded, it does not promise the Service will be error-free, uninterrupted or suited to a particular purpose;
• The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunity;
• The Company shall not be liable for unauthorised access to your data beyond its reasonable control, errors or omissions in Content, or actions of third parties including Group Leaders, Hotels, or Travellers;
• The Company's total aggregate liability under this Agreement shall not exceed the amount paid by you to the Company in the twelve (12) months preceding the claim, or one hundred pounds sterling (£100), whichever is greater. The Terms & Conditions use the same limit;
• Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the Service; (b) your violation of this Agreement; (c) your Content; (d) your violation of any third-party rights; (e) any act or omission of Group Leaders, Hotels, or Travellers to whom you have granted access; or (f) any dispute between you and any third party in connection with your tours.

8. Confidentiality

You agree to keep confidential any non-public information disclosed by the Company. The Company will handle your personal data in accordance with its Privacy Policy. You must not disclose access codes or credentials to unauthorised persons.

9. Termination

The Company may suspend or terminate your access without prior notice if it reasonably believes that you have broken this Agreement or the Terms & Conditions, acted fraudulently or unlawfully, or used the Service in a way that may harm the Company, other users or third parties. These are the same grounds as in section 19 of the Terms & Conditions. Upon termination, your right to use the Service ceases.

You may end this Agreement at any time by deleting your account from your profile, or by asking us to delete it. Before deleting it, you can download your data as a file (JSON) from your profile. What happens to your data when the account ends is set out in section 19 of the Terms & Conditions and section 10 of the Privacy Policy. Provisions that by their nature should survive termination (including Sections 5, 6, 7, 8 and 11) shall survive.

10. Modifications

The Company may modify this Agreement. Material changes will be communicated by email or on the Platform, as set out in section 21 of the Terms & Conditions. Continued use of the Service after the changes take effect constitutes acceptance. If you do not agree, you may stop using the Service and delete your account.

11. General

Entire Agreement: This Agreement, together with the Terms & Conditions and, where it applies, the Membership Agreement, constitutes the entire agreement between the parties. The Privacy Policy explains how personal data is handled. Severability: If any provision is held invalid, the remainder remains in force. Waiver: No waiver of any provision shall be deemed a continuing waiver. Assignment: You may not assign this Agreement without our written consent. Governing Law: This Agreement is governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. Force Majeure: The Company shall not be liable for any failure or delay due to circumstances beyond its reasonable control (including acts of God, war, terrorism, pandemic, or failure of third-party services).

12. Contact

Aurea Futura LTD, 18 Spencer Road, London SW20 0QP, United Kingdom. Email: hello@mytourplatform.com. Data protection manager: slim@aureafutura.com