Terms of Use Definitions 

Additional Information. Click to Guide may request certain information about the User and all other individuals who are to be part of the booking, to assess compliance with the booking completion requirements and to receive the relevant services.

Booking: means the User's booking of a service on the Platform/Click to Guide website.

Booking Confirmations: includes voucher/ticket, as well as confirmation email sent from Click to Guide after payment has been made by the User.

Services include sightseeing tours, leisure activities, tickets to attractions and other travel and entertainment services.

About us: office address details

Registration in the Click to Guide system

Platform/Website: Internet booking via www.clicktoguide.com, includes related web tools, platforms, related social media accounts or other objects.

Privacy Policy: a legal document governing the confidentiality terms of the Click to Guide website

Refund Amount: means the amount processed/returned by the Supplier when a booking is canceled.

Sales Channel: includes websites, mobile applications, sellers, call center, branches etc.

Suppliers: these refer to end service providers i.e., tour operators, event organizers, travel agents and ticket suppliers.

Provider Conditions: conditions specified by the supplier that will govern the provision of services provided by the supplier and use of services.

Terms of Use: a legal document regulating the User's use of any sales channel.

Third Party Websites: websites operated by third parties.

User/You/Your: Any person who visits/ shows interest/ evaluates any service available on the Click to Guide Platform or through its other sales channel.

User Content - any content posted by the User on the Platform in various ways, including but not limited to writing reviews, creating posts, uploading and posting photo or video content, comments, suggestions. User content is visible to all users of the website.

Website Content: means the content and information available on the website, including messages, data, information, text, sound, photos, graphics, video, maps, icons, software, code or other materials and more.

Introduction

1. These terms of use along with the Privacy Policy constitute a binding contract between the User and Click to Guide platform. These terms of use govern, in particular the User's use of any sales channel, including platform/website but not limited to it. Click to Guide manages the Platform/Website that allows in particular (a) suppliers to offer Users experiences/services listed on the Platform (b) contracts executed directly between Users and providers of such services.

2. Click to Guide is not a travel or tour agency and does not provide such services itself. When a User books a service(s) on the website, they acquire them directly from the Supplier. Click to Guide through its platform only facilitates ticketing for events. Click to Guide also does not act as an agent for the User in any capacity other than assisting User payments to Suppliers.

Access and Use of the Platform

1. By accessing, registering and/or making a booking on the Platform, the User agrees with each of the terms stated in the Terms of Use, without any modifications. The User confirms that he has read and understood the Terms of Use. In all cases of booking, the person making the booking is considered to have accepted these Terms of Use on behalf of all persons listed in the booking.

2. Click to Guide may occasionally revise these Terms of Use. The revised version takes effect from its publication unless otherwise stated. If changes/amendments to these Terms of Use reduce your rights or increase your obligations, Click to Guide will post a notice on the Click to Guide website or notify its Users by email. By continuing to use the platform after Click to Guide has made changes to these Terms of Use, you agree to comply with and be bound by these changes. If you do not agree with any of the terms mentioned in this document, you should not use or access the Click to Guide platform.

3. As a condition of using the Platform you represent and guarantee that: 1. all information provided by you during the use of the Platform and/or completion of booking is truthful, accurate, current and complete, 2. you are at least 18 years old.

4. If you are a minor and wish to make any booking on the Platform, you must ensure that such booking is made by someone who has reached adulthood (parents, siblings or familiar guardians).

5. The use of the website and making bookings is allowed only for personal non-commercial use and/or for submitting legitimate requests for booking experiences offered on the website. You agree not to use the website to submit any speculative, false or fraudulent booking requests. If the Platform (Click to Guide) becomes aware of any such case, Click to Guide has the right to cancel such bookings, and the User does not have the right to claim any damages from Click to Guide.

6. You also represent and warrant that 1) your Click to Guide account is currently not suspended, and Click to Guide has not previously restricted you in using the website, 2) you are not acting on behalf of a competitor of Click to Guide, 3) you have all the power and authority to enter into this legally binding agreement with Click to Guide without breaching any other agreements in which you are a party.

7. We reserve the right to refuse any person access to the website at any time and for any reason, including but not limited to violation of these terms of use.

8. By accessing and using the website, you agree and acknowledge that Click to Guide does not endorse any of the listings or content on the website, and Click to Guide cannot vouch for their accuracy. You also agree that Click to Guide merely provides a platform in the market and is not a provider of any services. You get access to the website, but you need to make your own decision about its use.

9. You may need to create a Click to Guide account and provide information about yourself to use some features of the website, including when booking. You are responsible for maintaining the confidentiality of your Click to Guide account credentials. You also bear full responsibility for all actions (including bookings) that occur in connection with your Click to Guide account. You agree to immediately notify us of any unauthorized use of your Click to Guide account by sending an email to support@clicktoguide.com. You also agree that in case of any unauthorized use of your Click to Guide account, you will not make any claims against Click to Guide. As a site user, you understand and agree that neither Click to Guide nor its affiliates have any liability to you or others for any unauthorized bookings made using your Click to Guide account, you promptly (1) change your Click to Guide account details and (2) notify Click to Guide of such unauthorized use.

10. We may terminate or suspend access to your Click to Guide account or your ability to use the website, in whole or in part, at our sole discretion, for any reason or no reason, without notice or any kind of liability. For example, we may terminate or suspend your Click to Guide account or ability to use the website if you unlawfully use the website. Any such termination or suspension may deprive you of access to your Click to Guide account, the website, User content, website content and/or any other related information, including, in particular, your active bookings.

11. You can suspend your Click to Guide account at any time by contacting us and requesting to disable your Click to Guide account, as well as ceasing to use any parts of the website. If you suspend your Click to Guide account, we may continue to display previously published User content by you and are not obliged to remove such User content.

Searching and booking on the Click to Guide website

1. You can search for experiences using various options available on the website or using criteria such as the type of experience, travel direction, etc. Search results are determined based on their relevance to your request and other criteria.

2. By booking a listing, you agree to pay the price stated in the listing, applicable taxes and other fees/charges indicated when placing an order. The price of each listing is per person unless otherwise stated. Prices are based on the rate specified by the provider who posted the relevant listing on the Platform. Click to Guide does not set prices for listings. Prices will be indicated in the currency selected by you when using the website. Any currency conversion needed to pay for a booking will be carried out at a rate set by Click to Guide. Prices stated in listings may change without notice until a booking is made.

3. Services included in a booking are determined by the provider. The prices listed include only those services specifically stated on the listing page.

4. While these Terms of Use govern the use of services by the provider, your use of services is governed by the Provider's terms. These provider's terms may be stated in the Listing, communicated to you after completing a booking or posted on the Provider's website. You agree to read, understand and comply with the provider's terms before using services within a booking. Notwithstanding the above mentioned, to the extent that the terms of the provider contradict these terms of use concerning your legal relations with Click to Guide, these terms of use prevail. You are responsible for your interaction with the Provider.

5. You also agree and acknowledge that Click to Guide is not liable to you or any other person for any losses, expenses, damages including property, or injuries caused to you as a result of a) the provider's terms were not brought to your attention, b) you did not read and understand the Provider's Terms; c) violation of the Provider's Terms, d) any errors, defects or inaccuracies in the Provider's Terms; or e) any other actions, omissions, errors, statements, warranties, breaches or negligence by the provider.

6. Booking some listings requires you to meet certain preliminary conditions or criteria to establish your right to book a listing and receive the relevant Services. You must read and understand the preliminary conditions or criteria that are part of the Service Provision Terms. We may also request certain additional information to assess the User's legitimacy to complete a booking and/or receive relevant services. You agree to provide accurate additional information. If a booking is completed based on inaccurate additional information and the provider deems you ineligible for Services, Click to Guide will not be liable for any losses, damage or costs incurred by you in relation to such booking. Click to Guide will also not be obligated to refund the cost of booking if you are unable to receive services from the Provider because the Provider found you ineligible.

7. When You complete payment for a booking, Click to Guide issues a booking confirmation. After completing payment for a booking, a bilateral agreement is concluded between you and the Provider for the supply and acquisition of Services.

8. In addition to these Terms of Use, Users should also familiarize themselves with frequently asked questions posted in the FAQ section on the Click to Guide site to have a detailed understanding of the services provided by Click to Guide.

The user agrees that they are obliged to comply with the content of such frequently asked questions in addition to these Terms of Use.

Payments

1. When making a booking, Click to Guide does not collect your payment information. The transfer and crediting to the supplier's account is done through the bank payment system.

2. The cost of booking may be subject to duties, fees for foreign operations, currency exchange or other fees, applicable in the country of your residence. Your bank or the company servicing your payment card may convert the payment into local currency (of your country of residence) and charge a commission, which will result in a difference between the amount indicated in the advertisement and the final amount.

Cancellation and Change of Booking

1. Once a booking has been completed it cannot be changed by you or cancelled with a refund unless otherwise stated in the advertisement or in the supplier's conditions applicable to such an ad.

2. All issues related to cancellation and alteration of bookings are resolved and/or determined by the Supplier. Given that the purchase of service is a contract between You and the Supplier, Click to Guide does not establish cancellation/change conditions for bookings and does not make any decisions regarding cancellation/change of bookings, unless otherwise agreed with Click to Guide and the relevant Supplier.

3. In accordance with the cancellation/change terms set out in the Listing or Supplier's T&Cs, You can: cancel or change your booking, or contact Click to Guide using contact details provided in your booking confirmation email or on the company's website to learn about available options for cancelling/changing your booking. Click to Guide may, upon receiving such a request, if necessary, contact the relevant Supplier and obtain information or request confirmation before cancelling/changing a booking.

4. If you have cancelled/changed your booking under this document’s terms and conditions and as per Provider's cancellation terms, Click to Guide, upon receipt of the refund amount from the Supplier, will refund you the corresponding amount. It is clarified that under no circumstances will Click to Guide pay you the refund amount until Click to Guide has received the necessary amount from the Supplier. By default, Click to Guide remits the refund amount to the original source of payment. However, if the original payment source is unavailable, you may choose to receive compensation in credits. These credits are not transferable, returnable or exchangeable for cash.

5. If you use a promo code or accept a discount or special offer when placing an order, you may cancel your discount or special offer by cancelling/changing your booking. Click to Guide will make a refund after adjusting such discount or special offer used by you during booking.

6. Refunds will not be made for tours that have started, as well as any tour package, accommodation, meals or any other services that you have started using.

7. The Supplier may make changes to the booking after your purchase, including but not limited to changes in date, price, inclusions, coverage, refund requirements and/or any other characteristics and/or requirements. Click to Guide will try to notify you of any such changes as soon as possible once they become known to Click to Guide. Your rights regarding such changes in relation to the Supplier will be governed by the Supplier's terms. Click to Guide is not responsible to you or any other person for any losses, expenses, costs, damages or injuries arising from or in relation to such changes made to the booking.

8. In accordance with such changes, if the Supplier cancels the booking or allows you to cancel the booking, Click to Guide will try to process the refund amount obtained from the Supplier within 7-12 days from its receipt from the Supplier. If the Supplier permits you to change the booking in accordance with the changes, any information we receive on this subject will be communicated to you as soon as we become aware of it. Click to Guide is not liable to you or any other person for any losses, expenses, costs or damages due to your inability to change your booking, lack of communication between the Supplier and us or you regarding changes in booking, or services provided according to changed booking.

9. We may at our discretion decide that in order to protect our interests, those of the Supplier and/or your interests it is necessary or desirable to refrain from our services which would lead to a cancellation of provider’s cancellation policy. We may also at our discretion decide to refund you a portion or the full amount charged to you. You acknowledge that we bear no responsibility for any such cancellations or refunds.

10. In any scenario of booking cancellation, you agree and understand that Click to Guide will only bear responsibility for refunding the booking amount after receiving appropriate notification from the Supplier. You also agree that all obligations regarding any booking fall upon the Supplier. Click to Guide does not assume any other responsibilities of any kind, including but not limited to, any incidental losses incurred by you.

Your Responsibility and Acceptance of Risk

1. You are responsible and liable for your actions and inactions, as well as the actions and inactions of all tour participants. Example: This means; You must leave the excursion site in the same or virtually the same condition as it was upon your arrival; You must act honestly, treat other tour participants with respect, always adhere to all applicable laws, and any terms or rules that may be set by the Supplier. Failure to comply with local laws or conditions set by the Supplier could result in the Supplier asking you to leave the location of the excursion, event or attraction, or taking any other actions in accordance with legislation.

2. You acknowledge that actions following booking are associated with risks, and accordingly, agree that to the maximum extent permitted by applicable law. You assume all risk arising from your access and use of the platform, participation in any excursion or on the internet. This means that you are responsible for analyzing and understanding whether the tour you have selected for booking suits you in all respects. For example, a tour may involve risks of disease, bodily injury, disability or death, and you freely and fully accept these risks when deciding to participate in such a tour.

Prohibited Activities on the Site

1. The content of the website, as well as the infrastructure used to provide such website content, is our property or is provided to us based on an existing license. You agree not to modify, copy, license, reproduce, publish, sell or resell any site content, nor any products or services obtained from the website. Use of website content requires prior written permission from Click to Guide.

2. You also agree that you will not yourself nor assist or enable others to:

1) Frame, mirror or otherwise incorporate any part of the website into any other website without our prior written permission;

2) Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software related to the website;

3) Use the website or website content for any commercial or illegal purposes;

4) Access, monitor or copy any website content using any robot, spider, scraper or other automated means or any manual process for accessing, scraping, indexing, retrieving or otherwise using the site or any website content for any purpose without our direct written permission;

5) Violate the restrictions set on the website and bypass restrictions or circumvent other measures used to prevent or limit access to the website.

6) Perform any actions which, at our discretion, create or may create an unreasonable or disproportionately large load on our infrastructure, or impose excessive website traffic demands;

7) Use the website for threats, harassment, deception, incitement, persecution or promoting the persecution of another person, or otherwise interfere with another user's use of the website;

8) Use the website to infringe upon any third-party rights, including breach of privacy, copyright, trademark, patent, trade secret, moral right, privacy right, right to publicity or any other intellectual property or proprietary right;

9) Use the website to promote bigotry or discrimination against protected classes;

10) Use the website to send or transmit pornography or illegal content;

11) Use the website to obtain personal information from minors and to cause harm or threaten to harm any persons, including minors;

12) Attempt to gain unauthorized access to the website, user accounts, computer systems or networks connected to the website by hacking, password picking or any other means;

13) Post any content on the site that violates or is specifically prohibited by United Arab Emirates law or local law of the country from which access to the site is made;

14) Remove, bypass, disable, damage or otherwise interfere with functions of the website related to security, functions preventing or limiting use or copying of website content, and functions enforcing restrictions on the use of the website;

15) Violate or interfere with the security of the website or otherwise cause it harm;

16) Use any devices, programs or procedures that interfere with the normal operation of the website or otherwise try to hinder normal operation of the website;

17) Use the website to transmit any computer viruses, worms, defects, and other destructive elements. 

Electronic Communications 

1. When you use the Click to Guide website or send us electronic letters, text messages and other messages from your desktop or mobile device, you communicate with us electronically and agree that we may communicate with you in various ways – such as by email, push notifications, or by posting notifications on the Click to Guide website.

2. You can unsubscribe from marketing mailings by submitting a request on the website support@clicktoguide.com. Any such request will be considered within 7-12 business days of its receipt. However, Click to Guide may continue to send you non-marketing messages, for example, related to upcoming bookings.

3. You agree to indemnify Click to Guide from any losses, expenses, costs, damages or injuries incurred as a result of or in connection with any actions taken by any local regulatory body related to telecommunications, or any other body in connection with any erroneous complaint filed by the User related to incorrect contact information provided by the user for any reason.

Content

1. You and other users of the website may post or provide certain User Content to Click to Guide or on its website. We may use such User Content in various ways, including, but not limited to, displaying it on the website, reformatting, translating into other languages, editing for clarity and grammar, including in advertising and other works, creating derivative works from it, promoting and distributing it. You also agree that Click to Guide may ask you to post a review and/or make a video or images about your received impressions, which is optional. If you agree to provide such User Content to Click to Guide, Click to Guide has unlimited right to use, reprofile or reproduce such User Content on their Platform. Click to Guide does not compensate you for such User Content.

2. By providing User Content, you grant Click to Guide and its subsidiaries and/or affiliates a worldwide, non-exclusive, free of charge, fully paid-up, perpetual, transferable, irrevocable and fully sublicensable right 1) to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform such User Content throughout the world in any media now known or hereafter developed for any purpose; 2) to use the name you provide in connection with such User Content. You acknowledge that Click to Guide may choose whether or not to attribute authorship of your user content at our discretion. You acknowledge and agree that the User Content is not confidential and does not belong to anyone. If it is established that you retain moral rights (including rights of attribution or integrity) on the User Content, you declare that (a you do not require that any personally identifiable information be used in connection with the User Content, or any derivative works of, upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Click to Guide or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; (d) you forever release Click to Guide and its licensees, successors and assigns from any claims that you could assert against Click to Guide based on any such moral rights.

3. The website also contains some interactive forums, and you bear full responsibility for using such interactive forums. By using any such interactive forums, you unequivocally agree not to post, upload, transmit, distribute, store, create or publish in any way on the website any User Content that consists of or includes; 1) Content that is illegal, defamatory, discrediting, indecent, pornographic, obscene, debauched, contemplative, stalking, threatening, infringing on privacy or publicity rights, offensive, inflammatory, fraudulent or otherwise prejudicial; 2) Content that constitutes, encourages or provides instructions for committing a crime, violates the rights of any party or otherwise creates liability or breaches any applicable legislation; 3) Content that impersonates any physical or legal person or otherwise misrepresents your affiliation to a physical or legal entity including Click to Guide; 4)Content that may infringe patents, trademarks, trade secrets, copyrights or other intellectual property rights or property rights of any party; 5) Private information of any third parties including without limitations name, address, phone number, email address and credit card number; 6)Viruses corrupted data or other harmful destructive or destructive files; 7)Content unrelated to the topic of the interactive zone(s) where such User Content or content is posted or links to content which at the sole discretion of Click to Guide; a) violates previous subsections of this document; b) is objectionable; c) restrains or prevents any other person from using or enjoying the interactive zones or the website and/or; d) may subject Click to Guide its affiliates or website users to any damage or liability of any type.

4. Only you are responsible for the User Content you post. You assume all risks associated with such User Content, including its accuracy, completeness or usefulness, and for any disclosed information contained in such User Content that makes you personally identifiable. You acknowledge that you own or have the necessary permissions to use and authorize the use of such User Content as described in this document. You are not entitled to imply that such User Content is in any way sponsored or endorsed by Click to Guide.

5. The user bears full responsibility for any User Content posted, stored or uploaded to the Platform, as well as for any damage or loss associated with it. It is prohibited for the user to: post any user content that may constitute defamation, slander, omission, lie, indecency, pornography, profanity or otherwise violate the law. In case Click to Guide is held liable by any court or any other government body for any User Content posted by you on the site. You agree to indemnify Click to Guide for any such losses and/or damages.

6. Click to Guide may monitor, edit or track User Content. Click to Guide reserves the right and has absolute discretion to remove, review, translate or edit, without notice, any User Content at any time and for any reason, and/or to entrust such actions to third parties on its behalf. You are solely responsible for creating backup copies and replacing your User Content at your own expense and discretion. Click to Guide has no obligation to retain or provide you with copies of your User Content.

7. Any use by you of interactive forums or other sections of the website in violation of the foregoing is a breach of these Terms of Use and may result in termination or suspension of your rights to use interactive forums, the website and/or closing your account.

Links to third-party sites

1. The website may contain hyperlinks to third-party websites. Such hyperlinks are provided solely for reference. Their presence on the website does not indicate any approval by Click to Guide of materials posted on such third-party websites or any affiliation with their operators. We do not control third-party sites and are not responsible for their content, privacy practices and other operational methods of those who own and manage them. You are solely responsible for the links you choose to follow and/or the software you download from any such third-party websites, ensuring they are virus-free. 

2. Click to Guide's site may have links to third-party sites. Navigating these links is entirely at the user's risk, and Click to Guide is not responsibly in case of any loss or damage incurred as a result of following these links and voluntarily providing personal information therein. Users are bound by the terms of use and privacy policies of these third-party websites and are recommended to review their terms. 

3. In some cases, on third-party websites, you may be asked if you want to link your profile with the Click to Guide platform. Such choices are entirely optional. If you decide to link your profile and later wish to disconnect such links, you should contact the respective third-party site.

Compliance with the Digital Millennium Copyright Act

1. If you believe that your work has been copied on our site, or in any other of our systems, or network in a way that constitutes copyright infringement, please write to us at support@clicktoguide.com

Warranty Disclaimers and Limitations of Liability

1. We provide the platform and all website content as is without any warranties and disclaim all warranties, both express and implied. For example: we do not affirm or guarantee the existence, behavior, operation, security, quality, legality or suitability of any provider, advertisement or experience; we do not guarantee the functionality or uninterrupted operation of the website, and we do not guarantee that identity verification, identification or background checks conducted concerning advertisements or providers (if any), will detect past wrongful actions or prevent future wrongful actions. The disclaimer of liability in these terms of use applies to the maximum extent permitted by law. If you have statutorily provided rights or warranties from which we cannot disclaim, then the duration of such statutorily provided rights or warranties will be limited to the maximum extent permitted by law.

2. Notwithstanding anything in this document, under no circumstances will Click to Guide be liable to you or any third party for any indirect, incidental, special or punitive damages arising from any breach of contract, tort (including negligence) or otherwise, whether such damage was foreseeable and whether Click to Guide was warned about the possibility of such damage.

3. The aggregate liability of Click to Guide under these Terms of Use should not exceed the amount paid by You to Click to Guide in relation to a reservation that is subject to a claim under this Agreement.

Force Majeure

1. The user agrees that there may be exceptional circumstances where Click to Guide and/or the provider might find themselves unable to fulfill a confirmed reservation for various reasons such as natural disasters, pandemics, epidemics, business circumstances, labor conflicts, insolvency, government decisions, terrorist activity, any operational and technical problems or any other causes beyond the control of Click to Guide and/or Supplier.

2. The User understands and agrees that Click to Guide, being only a marketplace on which the booking was made, cannot assume responsibility for any force majeure events leading to the cancellation of a booking. However, in case Click to Guide is aware in advance of any such scenario that could lead to a cancellation or invalidity of a booking, it will bear limited liability for refunding the booking amount after deducting necessary and applicable charges if they were reimbursed by the relevant supplier.

3. The User also agrees that in case the booking is not confirmed due to technical reasons (for instance, network downtime, third-party server issues, payment gateway/bank troubles etc.) or any similar problems, Click to Guide will bear limited liability for refunding the booking amount if it was received from the User. The User also agrees that once such refund has been processed, Click to Guide will be relieved from all obligations.

4. In case of any indirect, punitive, incidental, special losses occurring, Click to Guide does not hold responsibility for these and the user will not approach Click to Guide for compensation of such losses.

Indemnification

1. You agree to indemnify, defend and hold harmless Click to Guide, its employees, directors, agents and suppliers from any actions, claims, lawsuits, proceedings, demands, investigations or charges in connection with any costs, losses, liabilities, damages, penalties, judgments, fees or expenses (including reasonable attorney's fees and court costs) arising out of 1) your breach of these terms of use or supplier terms 2) your non-compliance with applicable laws in relation to the use of the website or receipt of services 3) Any injury, property damage or death resulting from your action or inaction related to the use of the website, participation in experiences or receipt of any services.

General Provisions

1. Governing legislation and jurisdiction: These terms of use are governed by, interpreted and enforced in accordance with the legislation of UAE Dubai.

2. Claim recoveries: You acknowledge and agree that a violation of some of your obligations under this document may inflict substantial harm to Click to Guide which cannot be remedied simply by paying compensation. Accordingly, you agree that Click to Guide will have the right to seek preliminary and permanent injunctive relief, without the requirement of posting a bond, in any jurisdiction where damage may arise in addition to all other remedies available to it in case of any such violation.

3. Assignment, binding effect: You shall not assign or delegate these terms of use or any of your rights or obligations under these Terms of Use without the prior written consent of Click to Guide, and any purported assignment will be void and have no force and effect. Click to Guide may freely transfer or delegate these terms of use or any of its licenses, rights or obligations under them at its discretion. These terms of use will be binding for performance and will operate for the benefit of Click to Guide, its successors and permitted assignees.

4. Partial invalidity: if any provision of these terms of use is found to be invalid or unenforceable by a court of competent jurisdiction, nevertheless, the remaining provisions will remain in effect, and such provision will be amended so as to implement the original intent of the provision in a format that it has been included in these terms of use. If such reform is impossible, then such provision will be separated from the remaining provisions, and the remaining provisions will remain in effect.

5. No waivers: No waiver of any of the terms of these Terms of Use will be valid or binding on Click to Guide unless it is confirmed in writing by an official of Click to Guide. Non-enforcement by Click to Guide at any point in time of any provisions of these Terms of Use, or non-compliance by you at any point in time with any provisions of these terms of use shall under no circumstances be construed as a present or future waiver of such provisions, and in no way affect the ability of Click to Guide subsequently to enforce each of such provisions.

6. Entire agreement: these terms of use constitute the entire agreement and understanding between you and Click to Guide relating to the subject matter hereof, superseding all prior and contemporaneous communications, representations, discussions and agreements relating to such subject.