Terms of Use
Last Updated: 01 August 2024
Effective Date: 03 November 2021
Welcome to the Travel Scout Program, operated by The Travelling Studio! By participating, you agree to the following terms:
1. Definitions
- "Program," "We," "Us," "Our": Refers to The Travel Scout Program, operated by The Travelling Studio, which facilitates connections between Content Creators and Hosts.
- "Content Creator" or "Scout": An individual who creates and delivers content in exchange for benefits provided by a Host through the Program.
- "Host": A business or organization involved in tourism and hospitality that offers accommodation and other benefits to Content Creators in exchange for content creation services.
- "Assignment": A specific project or task agreed upon between a Content Creator and a Host, outlining the scope of work, deliverables, benefits, and timelines.
- "Content": Any creative work, including but not limited to text, photographs, videos, audio, and digital media, produced by a Content Creator as part of an Assignment.
- "Platform": Refers to the online system, website, or application provided by The Travel Scout Program for managing applications, matching, assignments, and communication.
2. Agreement to Terms
By accessing or using the Travel Scout Program, you agree to abide by these Terms of Use and our Privacy Policy, available at https://scout.africa/privacy. If you do not agree, do not use the program.
3. Eligibility
Content Creators (Scouts): Must be 18 years or older and have a portfolio demonstrating relevant content creation skills (e.g., photography, videography, writing, social media management, blogging).
Hosts: Must represent a business or organization involved in tourism and hospitality.
4. Program Participation
- Content Creators: Apply through our Platform. You will be matched with Hosts based on your application, portfolio, and the specific requirements of available Assignments. Your participation in an Assignment is voluntary and formalized through a mutual agreement with the Host, typically confirmed via the Platform.
- Hosts: List your Assignments on the Platform, providing comprehensive details including the scope of work, required Content deliverables, proposed benefits (e.g., accommodation, meals, activities), and timelines. You agree to provide accommodation and other benefits precisely as outlined and agreed upon in the Assignment.
5. Responsibilities
Content Creators:
- Create and deliver Content strictly as per the agreed-upon Assignment briefs, which are typically provided by the Host via the Platform. Any changes to the brief must be mutually agreed upon in writing.
- Respect the Host’s property, adhere to local laws and regulations, and conduct themselves professionally.
- Provide regular feedback and updates on Assignment progress to the Host and/or the Program as required, using the communication channels specified by the Platform or Host.
Hosts:
- Provide all agreed-upon benefits, including accommodation and any other specified perks (e.g., meals, transportation, access to activities), precisely as detailed in the Assignment.
- Ensure a safe, welcoming, and professional environment for Content Creators during their Assignment.
- Communicate clearly, promptly, and professionally with Content Creators regarding all aspects of the Assignment.
6. Intellectual Property
- Content Creators: You retain full ownership of your Content. However, by participating in the Program and completing an Assignment, you grant The Travel Scout Program and the respective Host a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, display, distribute, and share the Content for promotional and marketing purposes directly related to the Travel Scout Program and the Host's business. This includes, but is not limited to, use on websites, social media, marketing materials, and advertisements. This license shall survive any termination of your participation in the Program or the Assignment.
- Hosts: You retain full ownership of your business and location details. By listing an Assignment, you grant Content Creators permission to feature your business and location in the Content they produce, as mutually agreed upon within the Assignment brief.
7. Termination
Either party may terminate its participation in the Program by providing 7 days' prior written notice to the other party and The Travel Scout Program. The Travel Scout Program reserves the right to immediately terminate a Content Creator's or Host's participation in the Program, and any ongoing Assignments, in cases of:
(a) breach of these Terms of Use;
(b) engagement in illegal activities;
(c) harassment, discrimination, or any form of inappropriate behavior (as further defined in our Code of Conduct, if applicable); or
(d) actions that may harm the reputation or operation of the Program or its participants. In such cases, no prior notice may be given.
Inactivity Clause:
- Content Creators: A Content Creator's participation in the Program may be terminated if they do not claim an Assignment within one (1) year from the date of their approval into the Program or from the date of their last claimed Assignment, whichever is later.
- Hosts: A Host's participation in the Program may be terminated if they do not host at least one (1) Content Creator (Scout) every six (6) months.
Upon termination, Content Creators are obligated to cease all work on ongoing Assignments, and Hosts are obligated to provide benefits for services rendered up to the point of termination. The Intellectual Property rights granted herein shall survive termination.
8. Liability
Content Creators: Your participation in Assignments is at your own risk. The Travel Scout Program is not liable for any personal injury, property loss, or damage incurred during Assignments. We strongly recommend that Content Creators obtain appropriate travel and liability insurance before undertaking any Assignment.
Hosts: The Travel Scout Program is not responsible for any issues arising from the Content Creator’s actions or behavior during an Assignment. Hosts are encouraged to report any concerns or breaches of conduct by Content Creators to The Travel Scout Program promptly.
Program's Role: The Travel Scout Program acts solely as a platform to connect Content Creators and Hosts. We are not a party to the direct agreements or arrangements made between Content Creators and Hosts for specific Assignments, and therefore, we disclaim all liability arising from such direct interactions, including but not limited to the quality of content, provision of benefits, or any disputes that may arise between Content Creators and Hosts.
9. Changes to Terms
We may update these Terms of Use from time to time. We will notify you of any significant changes (e.g., changes affecting your rights or obligations, or the core functionality of the Program) via email to your registered address or through a prominent notice on the Platform. Your continued participation in the Program after such notification indicates your acceptance of the revised terms.
10. Contact Us
For any questions or concerns regarding these Terms of Use, please visit our contact form at https://scout.africa/contact.
11. Dispute Resolution
In the event of a dispute between a Content Creator and a Host arising from an Assignment, or a dispute with The Travel Scout Program, the parties agree to first attempt to resolve the dispute informally through communication facilitated by the Platform. If an informal resolution is not achieved within 14 days, the parties agree to engage in good-faith mediation, with a mutually agreed-upon mediator. Costs of mediation shall be shared equally between the parties. If mediation fails, the dispute shall be resolved through binding arbitration per the rules of the Commercial Arbitration Centre, Zimbabwe, conducted in Harare, Zimbabwe.
12. Governing Law and Jurisdiction
These Terms of Use and any disputes arising out of or related to them shall be governed by and construed per the laws of Zimbabwe, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Zimbabwe for the resolution of any disputes.
13. Relationship of Parties
Content Creators and Hosts are independent contractors. Nothing in these Terms of Use shall be construed as creating a partnership, joint venture, employment, or agency relationship between Content Creators, Hosts, or The Travel Scout Program. Each party is solely responsible for its own taxes, insurance, and other obligations.
14. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
By participating in the Travel Scout Program, you acknowledge that you have read, understood, and expressly agree to these comprehensive Terms of Use.
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