Vendor Agreement

This document is an electronic record in terms of Information Technology Act, 2000 and various other statutes, rules and regulations made there under in this regard. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published as per the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which requires publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the platform (www.toours.com).

Dot eVentures Pvt. Ltd., having its registered office at Plot no 141, Prashasan Nagar, Hyderabad, hereinafter referred to as "Toours Organiser", "Toours Organiser and "We", is a platform that facilitates booking various tourist activities and other bookable services which include but are not limited to hotel, restaurant, flight, bus, car, rail, museum, movie and boat booking etc., through its website www.toours.com, hereinafter referred to as the "Platform".

The Platform is provided to you, subject to these Terms and Conditions, hereinafter referred to as the "Terms". The terms "you", "your"," Vendor" shall mean any person or entity who is the actual service provider and who by virtue of this agreement makes his services available or lists tourist activities which includes but is not limited to travel packages, flights, hotels, train, cars, bus, cab, boat which are bookable, hereinafter referred to collectively as the "Service", for booking, purchase and/or subscription, on the Platform. These terms and conditions describe, inter alia, the terms of offer for making the services available on the Platform for booking, purchase and/or subscription by the Users.

The Platform is provided to you, subject to this Vendor Agreement, Toours Organiser User Agreement, Privacy Policy, amended from time to time, hereinafter referred to as the "Terms".

You agree to comply with this Vendor Agreement during the time your services are available on the Platform and such extended period, Toours Organiser may deem fit for the settlement of claims and or disputes of whatever nature they are (if any).

Toours Organiser reserves the right to change the terms and conditions contained herein, other service-specific terms and conditions, or any policies or guidelines governing the service, including without limitation, any of the information posted on the products and help sections of the platform or the content guidelines, submission requirements, pricing pages, terms and privacy notice pages, at any time and at its sole discretion. Toours Organiser may send you notice of changes to the Platform or the Terms. Furthermore, you understand and agree that from time to time you shall keep reviewing these terms and for the same you shall be solely responsible. Should you have any objection to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Toours Organiser in any way, your only choice is to immediately discontinue use of Toours Organiser.

  1. Service Description And Content
    1. Toours Organiser is a platform that facilitates booking various tourist activities and other bookable services which include but are not limited to hotel, restaurant, flight, bus, car, rail, museum, movie and boat booking etc,. Toours Organiser helps the Users of the platform, as defined in our user agreement to book, subscribe or purchase the services provided by the Vendors.
    2. Toours Organiser at its sole discretion reserves the right to not to accept any order placed by the User through the Platform for the services provided by you for subscribing, purchasing and/or booking without assigning any reason thereof.
    3. You agree and understand that we are not responsible for ads, business listings & information, messages between users of the Platform, directory information, offerings, user postings, files, comments, photos, images, sounds video, or any other material made available through the Platform. You acknowledge that this agreement is not exclusive and we can have multiple Vendors with identical or partly identical services listed on the Platform.
    4. You acknowledge and agree that, you are solely responsible for all Services that you upload/list, email, link, transmit or otherwise make available on the platform. In connection with such Services, transmitted through, or linked, you affirm, acknowledge, represent, warrant and covenant that:
      1. You own and have and shall continue to have, for such time the Service is available/listed on the Platform, have the necessary rights, consents, licenses, and permissions to provide or upload or make the Service available or list the Services on the Platform (including without limitation all trademark, patent, trade secret, copyright or other proprietary rights in and to any and all such Service) for subscribing, purchasing and or booking by the Users of the platform and authorize Toours Organiser to use such Service to enable inclusion and use of the Service in the manner contemplated by the User agreement, and these Terms; and
      2. You retain all of your ownership rights in your Services; however, by submitting any Service on the Platform, you hereby grant to Toours Organiser an irrevocable, perpetual, non-cancellable, worldwide, non-exclusive, sub-licensable, royalty-free, transferable license to display the Service in connection with the Platform and Toours Organiser's (and its successors', assigns and Affiliate) business, including without limitation for the purpose of promoting and redistributing part or all of the Service therein on the Platform and derivative works thereof in any media formats and through any media channels now or hereafter known . These rights are required by Toours Organiser in order to host and display the Service.
    5. By posting Service to any public area of the platform, you agree to and do hereby grant to Toours Organiser all rights necessary to prohibit or allow any subsequent display, copying, aggregation, duplication, reproduction, or exploitation of the Services or Platform by any party for any purpose. As a part of the Service, Toours Organiser may offer the facility of automatically capturing of the description of your Service based on the images, texts, description, audios, videos, details ("Content") uploaded by you and the descriptions provided thereof, if any. Toours Organiser makes no warranty of the accuracy of the generated description. The Description may be edited by you at any time while your Service is live.
    6. Toours Organiser does not endorse any listing, content or any opinion, statement, recommendation, or advice expressed therein, and Toours Organiser expressly disclaims any and all liability in connection with the Content provided and uploaded by you. Toours Organiser does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Toours Organiser may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Toours Organiser reserves the right to remove any Content without prior notice. Toours Organiser may also terminate your access to the Platform, if you are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a Vendor who has been notified of infringing activity more than twice and/or has had a service removed from the Platform more than twice. Further, at its sole discretion, Toours Organiser reserves the right to decide whether any Content is appropriate and complies with these Terms.
  2. CONDUCT:
    1. You agree not to post, host, transmit, email, display, upload, modify, update publish, or share any information, including the services posted and listed by you or otherwise make available on the Platform:
      1. That violates any law or regulation including but not limited to the violation of the employment and labour laws;
      2. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Toours Organiser all of the license rights granted herein;
      3. that is false, deceptive, misleading, misinformative, stolen, deceitful, harmful, abusive, threatening, unlawful, blasphemous, harassing, defamatory, obscene, pornographic, libellous, paedophilic, invasive of another's privacy or other rights, hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm in any way or otherwise unlawful in any manner whatsoever;
      4. that threatens the unity, defence, security integrity, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
      5. That includes personal or identifying information about another person without that person's explicit consent;
      6. That impersonates any person or entity, including, but not limited to, a Toours Organiser employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
      7. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      8. that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters", "bait" or unsolicited advertisements of a commercial nature;
      9. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to Toours Organiser users who have requested not to be contacted about other services, products or commercial interests;
      10. That includes links to commercial services or Third Party Websites, except as specifically allowed by Toours Organiser;
      11. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
      12. 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 or telecommunications equipment or any other computer resource;
      13. That disrupts the normal flow of dialogue with an excessive number of messages to the Service, or that otherwise negatively affects other users' ability to use the Service; or
      14. That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
    2. Additionally, you agree not to:
      1. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
      2. Collect personal data about other users or entities for commercial or unlawful purposes;
      3. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines and non-commercial public archives, unless explicitly approved by us in writing.
      4. Attempt to gain unauthorized access to computer systems owned or controlled by Toours Organiser or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Platform;
      5. Use any automated device or software that enables the submission of automatic postings on Toours Organiser without human intervention or authorship;
      6. Any Content uploaded/ Services listed by you shall be subject to relevant laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.
  3. Quality and Description:

    You agree to disclose all the material information in the description of the services posted on the platform. For clarity, it is stated that you agree to not to conceal any material information which is required by the users to understand the services being availed by them in a better way. You agree to maintain the quality of service as represented by you in the description provided therein. Furthermore, you agree to maintain at all time when the service posted and available on the platform, ready to serve with all quality and specification.

  4. Charges:
    1. Toours Organiser charges certain percentage (detailed fee structure available here put the terms of business page)of the total fee accrued to you at the time user subscribes, purchases and/or books the services and or content uploaded by you. Toours Organiser also have certain plans which come in additional fees paid by you. These plans permit certain Content to be posted in a designated area of the Platform or in excess of limits set by Toours Organiser.
    2. Toours Organiser may provide the details of fees charged depending on the nature of the services. Toours Organiser reserves the right to alter any and all fees so charged on its sole and absolute discretion and without any notice. You assume, accept and acknowledge your responsibility and agree to the terms and conditions provided herein. Such fees are non-refundable in the event of violations of these terms by you and the content is therefore removed, blocked and made not available to the public. You will be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the paid services.
  5. Offsite communication:
    1. You agree to not to promote the Users of the Platform to share any information, number, link, image, photos and videos containing such details which require, directly or indirectly, the Users to pay for the services posted/ listed on the platform directly into your bank account and hence surpassing the charges levied by Toours Organiser. For removal of doubts, it is clarified that all the collections of the subscription/purchasing and /or booking charges have to be through Toours Organiser only.
  6. Subscription, Purchasing and Booking charges collection:
    1. All the subscription, purchasing and/ or booking charges ("collection") are collected by Toours Organiser for respective vendors. The collections, then, are then reflected in the Vendor's account/profile on the Platform after adjusting the Toours Organiser' share in the collection (Detailed here. All the invoices generated thereof are acknowledged and accepted by the Vendors.
    2. Collection withdrawal requests: A Vendor can raise the withdrawal request as per his convenience on any date by providing requisite details (if not provided earlier). The Vendor also agrees to provide any additional details such as valid id proof, Tax id/PAN and Bank account details for receiving the credit of the collections.
    3. Subject to the Section 6.4 of this agreement, all withdrawal requests are processed on next Wednesday or the very next working day if it turns out to be a public holiday, without giving any regard to the day on which request was raised.
    4. The withdrawal request are processed on the conditions provided herein:
      1. The User provides feedback on account of services availed
      2. If the User fails to provide feedback, after ten (10) working days of the last date of availment of services by the User, whichever is earlier
      3. he Toours Organiser reserves the right to adjust the withdrawal request amount with the pending refund and cancellation request amount and the, if any, received from the User(s). Toours Organiser charges are immediately debited form the Vendors account and reflected as debit in its profile. We may, occasionally, require to adjust the Toours Organiser charges with the withdrawal amount which the Vendor agrees hereby. Upon adjusting the refund and cancellation request, the withdrawal amount shall automatically be reduced by the amount adjusted. In the event Toours Organiser receives any refund and cancellation request from the User after the withdrawal request has been raised by the Vendor, it shall be adjusted with the refund and cancellation request the withdrawal amount shall be reduced by the amount refunded to the User. In the event of dispute between the Vendor and the User, the disputed amount shall be kept freezed till the resolution of dispute and the rightful owner of the amount is established. The disputed amount shall be credited to the rightful owner upon conclusion to the disputes.
    5. Minimum withdrawal amount: A Vendor shall be able to raise the withdrawal request once his account shows clear credit balance of INR 2500. Minimum withdrawal amount barrier stands crossed if the Vendor's account has INR 2500 in it. Subsequent refund and cancellation adjustments shall not disqualify the withdrawal request.
    6. The Vendor agrees, accepts and admits that Toours Organiser does not pay any interest on the collections.
  7. Non-Disclosure:
    1. Toours Organiser and the Vendor ("Parties") agree to hold each other's Proprietary or Confidential Information, including Users data in strict confidence. Both the parties agree to not to make each other's Proprietary or Confidential Information including Users data available in any form to any third party or to use each other's Proprietary or Confidential Information for any purpose other than as specified in this Agreement subject to section 7.6 of this agreement. Each party's Proprietary or Confidential Information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, both the parties acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the Effective Date.
  8. Privacy Policy:
    1. Data protection:

      As a Vendor of Toours Organiser we recognize that protecting your privacy is important to you. For this reason, we are committed to protecting the personal information you provide in a variety of ways. We do not directly process any payments and do not store credit card information. Secure socket layer ("SSL") technology is used for processing payment transactions with third- party service provider partners, such as HDFC, PayU, PayPal, EBS and Billdesk. Your Registration Information may be protected by a unique Vendor password and Vendor ID. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe.

    2. Type of Information Collected:

      We may collect certain non-personal information such as your Internet Protocol ("IP") address, operating system, browser type, and Internet service provider. This type of information does not identify you personally. When you register with the Platform, we may also collect personal information that you provide such as your trade name, authorized representatives name, customer care details and name of the executives, mailing address, email address, phone/mobile number, home country, zip code, registered address, address where service is being offered to the user, and certain other information in event you log in via Facebook or other Social Media depending on your privacy settings including but not limited to your trade name, name of the person handling the Facebook page and other social media pages, email address, profile picture, list of followers, etc. ("Registration Information"). We use a third-party payment gateway for purchases, and other third party companies to monitor site traffic, which may, in some instances, store your information. By using this Platform, you consent to collection, storage, and use of the information you provide for any of the services posted by you on the platform, and you consent to our collection of any changes or updates that you may provide to any information you provide that is collected by Toours Organiser. We collect service-related, diagnostic, and performance information. This includes information about your activity (such as how you use our services, how you interact with others using our platform, and the like) log files, and diagnostic, crash, website, and performance logs and reports. For paid services, we may receive information and confirmations, such as payment, receipts, including from other third parties processing your payment. By using this Platform, you consent to share your geolocation data in order to publish information/advertisements to the users close to your location and vice-versa.

    3. Cookie:

      We may use cookies to manage our vendor's sessions and to store preferences, tracking information, and language selection. Cookies may be used whether you register with us or not. "Cookies" are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. This Privacy Policy covers only Cookies used by us, and not any cookies used by third parties other than you. You have the ability to either accept or decline the use of cookies on your computer, whether you are registered with us or not. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may limit your access to certain features of the Platform.

    4. Third Parties

      With specific reference to third party advertising, we use third-party service providers and our affiliates to serve ads on our behalf across the Internet and sometimes on this site. They may collect anonymous information about your visits to our website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a 'pixel tag', which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. Such third parties do not know your name, phone number, address, email address, or any personally identifying information. If you would like more information about this practice and to know your choices about not having this anonymous information used by our third-party service provider, please click here

    5. How Your Information is used

      We may use information provided by you to:

      1. Enforce our User agreement, affiliate terms of use and this vendor agreement, monitor Your activity, such as new postings, listings, and more effectively manage traffic on the Platform;
      2. Provide customer services, create and manage your account; and
      3. Assist you with technical difficulties. Also, we may share with third- party service providers certain information, such as your browser capabilities or operating system, that we have collected in order to better understand which advertisements and services may interest you.
    6. Disclosure:
      1. Toours Organiser does not sell or trade upon any of the above foregoing information without your consent. The foregoing information collected from the Vendors/Users/Customers/Travellers is put to the following use:
      2. Information like Credit Card Details and Net Banking Details are usually collected directly by the payment gateways and banks and not by Toours Organiser, but if ever stored or retained by us, remain internal and is never shared, except that they may be shared with third party private/government security agencies to screen for fraudulent activities. These details are also shared with certain third parties only for the purpose of processing 'Cash Back & Discounts' and Charge Backs and our Refund Policy, if applicable. On rare occasions, we may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, writs, service of process requirements, or discovery requests. We may also disclose information about our users to law enforcement officers, police or others, in the good faith belief that such disclosure is reasonably necessary to enforce this agreement and/or Privacy Policy, User agreement, affiliate agreement; respond to claims that any Content violates the rights of Users; or protect the rights, property, or personal safety of Toours Organiser, our users or the general public; or we are in notice of any criminal activity being conducted via the Platform. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section. If substantially all of our assets are sold or merged into another company, the acquiring company shall be given access to your personal information without your consent. If we sell only a part of our business, the acquiring entity shall have access to your personal information without your consent and we may send you a notice regarding this sale.
    7. Accessing and Modifying Personal Information and Communication Preferences:
      1. You, being a vendor, may access, remove, review, and/or make changes to personal information that you have provided to us via the Contact Support. If you register with us and post your services on the Platform or post any content on the Platform, we may send you certain notifications, transaction confirmations, advertisements, promotions, surveys, text messages, specials and phone calls in relation to the Services. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding server problems or scheduled maintenance to the Platform. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt out of certain e-mail communications from us, including our newsletters, advice on buying and selling on the Platform, notifications that a user has commented on your posting, and notifications that you can refresh your posting. We will not change your preferences without your consent. You cannot opt out of receiving transactional communications from Toours Organiser related to your account.
    8. Toours Organiser takes appropriate steps to protect the information you share with us. We have implemented technology and security features and strict policy guidelines to safeguard the privacy of your personally identifiable information from unauthorized access and improper use or disclosure. Please contact us on legal@toours.com to obtain names and addresses of the specific entities that shall have access to your personal information in a given transaction.
  9. Refund Policy
    1. You agree to process the refund claims as per Toours Organiser Vendor Refund Policies read with the User
  10. Disclaimer of Warranties:
    1. You expressly acknowledge and agree that use of the platform entirely at your own risk and that the platform is provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Toours Organiser, its officers, directors, employees, and agents disclaim all warranties, expressed or implied, in connection with the platform and your use thereof. Toours Organiser makes no warranties or representations about the accuracy or completeness of the content of any third party Platforms linked to the platform and assumes no liability or responsibility for any:
      1. Errors, mistakes, or inaccuracies of content and services uploaded and posted by you.
      2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform as well as the user subscribing, purchasing or booking the services provided and uploaded by you on the platform.
      3. Any unauthorized access to or use of the platform and/or any and all personal information and/or financial information stored therein,
      4. Any interruption or cessation of transmission to or from the platform,
      5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, and/or
      6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the platform or the service.
    2. Toours Organiser acts only as a booking agent and facilitator of services on behalf you as a vendor, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards and rendering of services by you. In no circumstances shall Toours Organiser be liable for the services provided by you.
  11. Limitation of Liability:
    1. In no event shall Toours Organiser, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Toours Organiser has been advised of the possibility of such damages), resulting from any aspect of your use of the platform, including without limitation whether the damages arise from use or misuse of the platform, from inability to use the platform, or the interruption, suspension, modification, alteration, or termination of the platform. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the platform or the service or any links on the platform, by reason of any information, opinions or advice received through or advertised in connection with the platform or the service or any links on the platform and your failure to provide the services as described to the User. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Toours Organiser shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. Although Toours Organiser makes reasonable commercial efforts to ensure that the description and content in the user agreement and on each page of the Platform is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein.
    2. Toours Organiser is not the service provider and cannot therefore control or prevent changes in the published descriptions or representations, which are always based upon information provided by you. Toours Organiser acts only as a facilitator of Services and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by Service Providers, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Service Providers. Toours Organiser does not endorse any advertiser on its Platform in any manner. You are requested to verify the accuracy of all information on your own before undertaking any reliance on such information.
    3. In no event shall Toours Organiser be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
      1. The use or the inability to use the services;
      2. Unauthorized access to or alteration of the User's transmissions or data;
      3. Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing services from Toours Organiser. Neither shall Toours Organiser be responsible for the delay or inability to use/avail the Platform, the provision of or failure to provide services by you, or for any information, software, products, services and related graphics obtained from Toours Organiser, whether based on contract, tort, negligence, strict liability or otherwise.
    4. Toours Organiser shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond Toours Organiser's control.
    5. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
    6. The maximum liability on part of Toours Organiser arising under any circumstances, in respect of any Services availed, shall be limited up to a maximum of the refund of total amount received from the User/customer for providing the services less any cancellation, refund or others charges, as may be applicable. In no case Toours Organiser shall be liable for any consequential loss, damage or additional expense whatsoever.
  12. Prohibition against Unlawful Use
    1. The Vendor warrants that they will not use the Platform for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this agreement, including both specific and implied. In addition, the Platform shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Platform.
  13. Termination/Breach
    1. You acknowledge and agree that Toours Organiser, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the platform (or any part thereof), immediately and without notice, and remove and discard any Content and services posted/listed by you, for any reason or no reason at all, including, without limitation, if Toours Organiser believes that you have violated these Terms.
    2. You agree that Toours Organiser shall not be liable to you or any third-party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination unless special permission is sought from Toours Organiser.
    3. Without prejudice to the other remedies available to Toours Organiser under this agreement, and other terms of service including the help section, or under applicable law, Toours Organiser may limit the Vendors' activity, or end the Vendor's listing, warn other users of the Vendor's actions, immediately temporarily/indefinitely suspend or terminate the Vendor's registration, and/or refuse to provide the user with access to the Platform if:
      1. the Vendor is in breach of this agreement, terms and conditions or any other terms of service and/or the documents it incorporates by reference;
      2. Toours Organiser is unable to verify or authenticate any information provided by the Vendor; or
      3. Toours Organiser believes that the Vendor's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the Platform and/or Toours Organiser.
      4. We reserve the right to delist the services(s) if it is found to be not in accordance with the description.
    4. Toours Organiser may at any time in its sole discretion reinstate and suspended Vendors. Once the Vendor has been indefinitely suspended the Vendor may not register or attempt to register with Toours Organiser or use the Platform in any manner whatsoever until such time that the user is reinstated by Toours Organiser. Notwithstanding the foregoing, if the Vendor breaches this agreement, the Vendor agreement or the documents it incorporates by reference, Toours Organiser reserves the right to recover any amounts and fees due and owing by the Vendor to Toours Organiser and/or the service provider and to initiate legal action as Toours Organiser deems necessary.
  14. Vender's Obligations
    1. The Vendor represent and confirm that the it has legal identity to enter into a binding contract and is not a person barred from availing the Services under the Contract Act 1872 or other applicable law.
    2. The Vendor also understands that the Services may include certain communications from Toours Organiser as Service announcements and administrative messages.
    3. The Vendor also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form, hereinafter referred to as "Registration Data" on the Platform; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Vendor provide any information that is untrue, inaccurate, not current or incomplete or Toours Organiser has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Toours Organiser has the right to suspend or terminate the Vendor's registration and refuse any and all current or future use of the Platform and/or any Service.
  15. No Spam Policy:
    1. You understand, acknowledge and agree that sending unsolicited email advertisements or other unsolicited communications are expressly prohibited by these Terms. You are strictly prohibited to make any unsolicited representation on behalf of Toours Organiser.
  16. Relationship
    1. None of the provisions of this Agreement, terms and conditions, notices or the right to use the Platform by the Vendor contained herein or any other section or pages of the Platform and/or the Linked Sites, shall be deemed to constitute an employer-employee or Principal agent relationship between the Vendor and Toours Organiser and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Platform, the Vendor authorizes Toours Organiser and its agents to access their websites by them or on their behalf for retrieving requested information, the Vendor shall be deemed to have appointed Toours Organiser and its agents as their agent for this purpose.
  17. Headings
    1. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or true intent of this agreement, the terms of service/terms and conditions, user agreement or the right to use the Platform by the Vendor contained herein or any other section or pages of the Platform or any Linked Sites in any manner whatsoever.
  18. Interpretation of Number and Genders
    1. The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
  19. Indemnification
    1. The Vendor agrees to indemnify, defend and hold harmless Toours Organiser from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Toours Organiser that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Vendor pursuant to this agreement and/or the terms of service/terms and conditions and user agreement.
  20. Severability
    1. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
  21. Notices
    1. All notices and communications (including those related to changes in this Agreement, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
      1. To Toours Organiser, at support@toours.com and/or
      2. At the address posted on the Platform.
  22. Governing Law
    1. This agreement and each terms of service including the terms of business, privacy policy and help section, updated from time to time, shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Hyderabad, India.

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