OFFER for Access and Commercial Use
This agreement is an offer from the Platform Owner to provide access and commercial use services for the Platform and its functionalities to Organizers (the Offer). Non-commercial use is not covered by this agreement.
Terms used are defined in the Platform's User Agreement.
Acceptance of the Offer and the User Agreement terms by the Organizer is done by posting an Advertisement and confirming the Traveler's Booking Request. If the Organizer disagrees with the Offer terms, they must refrain from accessing the Platform and using its functionalities. The Offer becomes effective upon its posting on the Platform at: https://partner.yummthai.com/guides/agreement-between-the-organizer-and-yummthai
1.Subject
1.1 The Platform Owner grants the Organizer a paid non-exclusive license for commercial use of the Platform's functionalities for the entire duration of the Organizer's use of the Platform for profit. Commercial use involves confirming the Traveler's Booking Request for providing paid Services outside the Platform. License fees are paid for each instance of commercial use (confirmation of the Traveler's Booking Request).
1.2 The Organizer is prohibited from transferring the right to access and commercial use to third parties, including through sub-license agreements. The registered Organizer is the service provider under the service contract advertised in the Advertisement, and the execution takes place outside the Platform.
2.Obligations of the Platform Owner
2.1 The Platform Owner undertakes to provide the Organizer with access to the Personal Account and ensure technical interaction with the Traveler. This includes providing software in the form of the Platform, available online at https://partner.yummthai.com/ and maintaining its functionality.
2.2 The Platform Owner has the right to revoke the license at any time without explanation.
2.3 The Platform Owner will notify the Organizer of significant changes to the User Agreement, Offer, or other documents regulating relations on the Platform. If the Organizer continues to access the Platform and use its functionalities after changes, they are considered to have agreed to the changes.
3.Obligations of the Organizer
3.1 Warranties and Publication: The Organizer must comply with the Warranties of the Organizer and the User Agreement terms, which are mandatory for all Users.
3.2 Good Faith Use: The Organizer must use the Platform's functionalities in good faith, avoiding circumvention of technical restrictions, decompiling, disassembling, copying, modifying the site, or any actions that disrupt the Platform's functionality.
3.3 Service Responsibility: The Organizer is fully responsible for the quality of services and any damage caused to Travelers and third parties.
3.4 Compliance of Advertisements: The Organizer is responsible for ensuring the Advertisement content complies with the law and bears responsibility to third parties. The Platform Owner is not responsible for the compliance of Advertisements and Services.
3.5 Legal Activity: The Organizer guarantees their activities are legal in the Russian Federation and holds all necessary permits. The Platform Owner has the right to request proof of such permits.
3.6 Copyright on Photos: The Organizer must upload only photos they own or have the rights to.
3.7 Data Protection: The Organizer must ensure the security of Travelers' personal data and not disclose it to third parties without written consent. The Platform Owner is not responsible for the security of data after its transfer to the Organizer.
4.Acceptance of Access Services and Payment
4.1 Payment: Upon booking a tour and making a payment by the Traveler, the Platform notifies the Organizer of the new booking.
4.2 Booking Confirmation: The Organizer must confirm their readiness to accept the Traveler. Upon confirmation of the booking by the Organizer, the Platform notifies the Traveler of the successful confirmation. The Platform retains a commission of 22%, and the remaining payment is transferred to the Organizer's bank account. The Organizer is required to provide a receipt upon receiving the payment.
4.3 Reporting Month: The service is considered provided in the month the Booking Request is confirmed by the Organizer.
4.4 Confirmation: Changing the status of the Booking Request in the Personal Account confirms it.
4.5 License Fee: The Organizer pays a fee for each instance of commercial use of the Platform, which is confirming the Traveler's Booking Request.
4.6 Fee Amount: Determined in the Personal Account as a percentage of the service cost provided by the Organizer. The service cost can be stated in any currency.
4.7 Fee Change: The Platform Owner can change the fee amount, notifying the Organizer in advance. The fee is not subject to reduction after agreeing on the service cost. The fee is paid to the Platform Owner through a set-off between the Organizer and the Platform Owner on the amount or part of the amount the Traveler pays using the Platform's functionalities.
5.Intellectual Property
5.1 License for Information Use: The Organizer grants the Platform Owner a non-exclusive license to use texts, photos, videos, and other intellectual property placed in the Advertisement. This includes reproduction, distribution, public display, public performance, and sublicensing without indicating the Organizer's or authors' names.
5.2 Claim Resolution: The Organizer undertakes to independently and at their expense resolve claims related to the violation of any property and/or personal non-property rights of third parties.
5.3 Responsibility for Claims: The Organizer is responsible for claims by third parties and undertakes to compensate all losses to the Platform Owner, including legal and other expenses.
5.4 Loss Compensation: The Organizer undertakes to resolve claims and compensate all losses incurred by the Platform Owner due to third-party claims.
6.Dispute Resolution
6.1 Platform Service Quality: If the Organizer is dissatisfied with the quality of access to the Platform, they should contact Support.
6.2 Traveler Behavior: If the Organizer is dissatisfied with the Traveler's behavior during services outside the Platform, they should report it to Support.
6.3 Organizer Service Quality: If the Traveler is dissatisfied with the Organizer's service quality, they should leave a review and/or contact Support.
6.4 Copyright Infringement: If the Platform Owner receives a claim or lawsuit for copyright infringement due to the Organizer's publication, the Platform Owner redirects such claims to the Organizer, who must compensate all expenses, including legal fees. Repeated situations allow the Platform Owner to disable the Organizer's Account and deny further access to the Platform.
6.5 Disputes between Organizer and Traveler: Resolved outside the Platform. The Platform Owner can act as a third party without independent claims.
Last updated July 12, 2024.