TERMS AND CONDITIONS THE SAND GUIDE

By using www.thesandguide.com, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.

1. Thank you for choosing to use www.thesandguide.com (the “Website”). Before using the Website, please read these terms and conditions (“Terms”) carefully as they govern your use of the Website. By using the Website, you agree to be bound by these Terms.

2. Intellectual Property
All content, trademarks, logos, graphics, images, and software on the Website (the “Content”) are the intellectual property of The Sand Guide or its licensors. You agree not to use the Content for any purpose other than personal, non-commercial use without the express written consent of The Sand Guide.

3. User Conduct
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party. You agree to not use the Website to:
a. Engage in any illegal or fraudulent activity;
b. Send or post any offensive, abusive, or discriminatory content;
c. Send or post any content that is defamatory, obscene, or infringes on the rights of any third party;
d. Upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.

4. Links to Third-Party Websites
The Website may contain links to third-party websites. These links are provided for your convenience only, and The Sand Guide does not endorse or accept responsibility for the content of any linked site. You access these sites at your own risk.

5. Disclaimers
The Website and all Content on the Website are provided on an “as is” basis. The Sand Guide does not warrant the accuracy, completeness, timeliness, non-infringement, or fitness for a particular purpose of any Content on the Website. The Sand Guide does not warrant that the Website will be error-free, uninterrupted, or free from viruses or other harmful components.

6. Limitation of Liability
In no event shall The Sand Guide, its officers, directors, employees, or agents be liable for any indirect, consequential, incidental, special, or punitive damages, including without limitation, damages for loss of profits or revenue, loss of data, or business interruption, arising out of or in connection with the use or inability to use the Website, even if The Sand Guide has been advised of the possibility of such damages.

7. Indemnification
You agree to indemnify and hold The Sand Guide, its officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your violation of these Terms, or your violation of any rights of another.

8. Modifications
The Sand Guide may modify these Terms at any time without notice. Your continued use of the Website after such modifications shall be deemed your acceptance of the modified Terms.

9. Termination
The Sand Guide reserves the right to terminate your access to the Website at any time, without notice, for any reason.

11. Entire Agreement

These Terms constitute the entire agreement between you and The Sand Guide with respect to the use of the Website and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and The Sand Guide.

The following additional terms and conditions apply worldwide as the website is based in Mexico:

Applicable Laws
These Terms shall be governed by and construed in accordance with the laws of the State of baja California Sur, Mexico, without giving effect to its conflict of law provisions.

12. Dispute Resolution
Any dispute arising out of or related to these Terms or the use of the Website shall be resolved exclusively by the courts of the State of Baja California Sur, Mexico.

13. Limitation of Liability for Mexican Users
If you are a resident of Mexico, the limitation of liability in Section 5 of these Terms will not apply to you to the extent that it is not permitted by applicable Mexican law.

14. Personal Information
We take the privacy of our users seriously. Our Privacy Policy, available on the Website, explains how we collect, use, and disclose your personal information.

15. Taxes
You are responsible for paying any applicable taxes, including sales, use, or value-added taxes, that may be due as a result of your use of the Website.

16. Compliance with Laws
You agree to comply with all applicable laws and regulations in your use of the Website.

17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18. Advertising Space
If you are buying advertising space on the Website, the following terms and conditions apply:
a. The Sand Guide reserves the right to reject any advertising for any reason, including but not limited to, content that is illegal, offensive, or contrary to our company values.
b. You must provide all content for the advertisement, and it must meet the specifications set out on the Website.
c. The Sand Guide reserves the right to modify the appearance or location of the advertisement on the Website at any time.
d. You are responsible for paying the fees associated with the advertisement in a timely manner.

19. Tours
If you are purchasing a tour through a link on the Website, the following terms and conditions apply:
a. The Sand Guide is not responsible for the availability, content, or quality of any tours offered by third-party providers.
b. You are responsible for reading and agreeing to the terms and conditions of the third-party provider before making any purchase.
c. The Sand Guide is not liable for any issues or disputes that may arise between you and the third-party provider.
d. You are responsible for paying the fees associated with the tour in a timely manner.

20. Cancellation Policy
If you need to cancel your purchase of an advertising space, the following terms and conditions apply:
a. You must provide notice of cancellation to The Sand Guide in writing at least 30 days before the start of the advertising space.
b. If you cancel within 30 days of the start of the advertising space, you may be subject to a cancellation fee.
c. The Sand Guide reserves the right to cancel the advertising space at any time for any reason. In such a case, you will be entitled to a refund of any fees paid.
d. These additional terms and conditions apply to all users of the Website worldwide. If you are buying advertising space on the Website through a link on the Website. If you have any questions or comments about these Terms, please contact us at info@thesandguide.com.

21. User-Generated Content
a. If you submit any content to the Website, including but not limited to reviews or comments, the following terms and conditions apply:
b. You represent and warrant that you are the owner of or have the necessary rights to the content, and that the content does not infringe on the rights of any third party.
c. You grant The Sand Guide a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content in any media.
d. You agree to indemnify and hold The Sand Guide harmless from any claims, damages, or losses arising from the content you submit.

22. Termination
The Sand Guide reserves the right to terminate your access to the Website or any part thereof, at any time, without notice or liability, if you breach these Terms or engage in any conduct that The Sand Guide, in its sole discretion, deems to be inappropriate or unacceptable.

23. Disclaimer of Warranties
The website is provided “as is” and “as available,” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The Sand Guide makes no warranty that the website will be uninterrupted, secure, or error-free.

24. Limitation of Liability
To the maximum extent permitted by law, The Sand Guide shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of the website or any content on the website, even if the sand guide has been advised of the possibility of such damages.

These extra terms and conditions can improve the level of transparency and safeguard the interests of both The Sand Guide and its users. If you have any queries or feedback regarding these terms, kindly reach out to us at info@thesandguide.com.

25. Official Mexican Standard PROY-NOM-010-TUR-2021
a. The Sand Guide is committed to complying with the Official Mexican Standard PROY-NOM-010-TUR-2021, which sets forth guidelines for tourism service providers in Mexico. The following terms and conditions apply:
b. The Sand Guide functions primarily as a directory that provides information, referrals, and affiliations to businesses related to tourism. However, it is important to note that The Sand Guide does not offer tourism services directly.
c. While The Sand Guide cannot be held responsible for the accuracy or quality of information related to tourism service providers listed on the Website, we strive to provide a selection of reliable and trustworthy providers.
d. The Sand Guide encourages all tourism service providers listed on the Website to comply with the guidelines set forth in the Official Mexican Standard PROY-NOM-010-TUR-2021.
e. The Sand Guide reserves the right to remove any tourism service provider from the Website if it is found to be in violation of the Official Mexican Standard PROY-NOM-010-TUR-2021.
f. These additional terms and conditions apply to ensure compliance with the Official Mexican Standard PROY-NOM-010-TUR-2021. If you have any questions or comments about these Terms, please contact us at info@thesandguide.com.

DIRECTORY:

26. Advertising
a. The Sand Guide may offer advertising space to businesses related to tourism on its Website directory.
b. The placement of advertising is at the sole discretion of The Sand Guide and may be subject to availability and approval.
c. The Sand Guide reserves the right to remove or refuse advertising that it deems to be inappropriate or unacceptable.
d. The Sand Guide is not responsible for the content or accuracy of advertising placed on the Website.
e. Advertisers are responsible for ensuring that the content of their advertising complies with all applicable laws and regulations.

27. Payment and Fees
a. The Sand Guide will provide the advertiser with a quotation for the cost of the advertising space.
b. Payment for advertising must be made in full before the advertisement is displayed on the Website.
c. The Sand Guide may offer discounts or special offers on advertising at its discretion.
d. The Sand Guide reserves the right to modify the fees and charges for advertising at any time and without notice.

These additional terms and conditions specifically address advertising on TheSandGuide.com directory and provide additional clarity and protection for both The Sand Guide and its advertisers. If you have any questions or comments about these Terms, please contact us at info@thesandguide.com.

Legal Notice for www.thesandguide.com:

Welcome to www.thesandguide.com, a website operated by The Sand Guide S.A de C.V.  The following legal notice contains the terms and conditions that regulate the use of this website.

Please read this notice carefully before using the website. By using this website, you accept and agree to comply with the terms and conditions set forth herein.

Ownership of the Website

www.thesandguide.com is owned and operated by The Sand Guide S.A de C.V, a Mexican corporation with its registered office at Baja California Sur, México. All content and materials on this website, including but not limited to text, graphics, logos, images, and software, are the property of www.thesandguide.com or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws.

Use of the Website

This website is provided for informational purposes only. You may use this website for lawful purposes only and in accordance with these terms and conditions. You may not use this website:

1. In any way that violates any applicable federal, state, local, or international law or regulation.
2. To engage in any conduct that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website.
3. To harvest or collect email addresses or other contact information of other users from the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

Disclaimer of Warranties

This website and its content are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TheSandGuide.com does not warrant that the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components.

Limitation of Liability

In no event shall The Sand Guide, its affiliates, or their respective directors, officers, employees, or agents be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or in connection with the use of this website or the content herein, including without limitation, any lost profits, business interruption, loss of data or otherwise, even if The Sand Guide has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless The Sand Guide, its affiliates, and their respective directors, officers, employees, or agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of this website, your breach of these terms and conditions, or your violation of any rights of another.

Modification of Terms

The Sand Guide reserves the right to modify these terms and conditions at any time, without notice. Your continued use of the website following any such modification constitutes your agreement to be bound by the modified terms and conditions.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Baja California Sur, Mexico, without giving effect to any principles of conflicts of law.

Contact Information

If you have any questions or concerns about these terms and conditions or this website, please contact us at info@thesandguide.com.

By using www.thesandguide.com, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.