Terms and conditions for products not 'serviced by Toours'

Toours.com hereinafter referred to as “Toours” or “we”, provides various travel related bookable services along with classified advertisement services through its website www.toours.com, hereinafter referred to collectively as the “Service” on its website www.toours.com, hereinafter referred to as the “Platform”.

The Platform and the Services are provided to you, subject to these Toours Terms and Conditions, hereinafter referred to as the “Terms”. The terms “you”, “your” and “User” shall mean any person who uses or accesses, whether through manual or automated means, creates his/her/its account, logins into the “website” or “Platform” or the in any manner whatsoever. These terms and conditions describe, inter alia, the terms of offer for availing services, purchase of services (hereinafter referred to as "Services") provided by the third party service provider, hereinafter referred to as "Vendor".

Please read the terms and conditions carefully before availing any services on the platform. Any service availed by the user through this platform shall signify users’ acceptance of the terms & conditions and shall be legally bound by the same.

In addition to the foregoing, user shall also be bound by additional terms of offer for service issued by the vendor at the platform. If there is any conflict between the terms & conditions of the platform and the additional vendor terms, the additional terms shall take precedence in relation to that service.

You agree to comply with these terms and conditions while using the service. Toours 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 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. User agrees that Toours shall not be liable to User or to any third party for any modification, suspension or discontinuance of any aspect of the Platform. 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 or the Service in any way, your only choice is to immediately discontinue use of Toours.

1. BUSINESS

1.1. Toours.com is a platform that facilitates online booking and purchase of travel packages and other travel related services including classified advertisements offered by various third-party service providers hereinafter referred to as Vendor(s).

1.2. Vendors are the service providers for the Services on the Platform and are solely responsible to User for the Services sold or for redemption of any travel Voucher purchased by User through the Platform. Toours's deliverable is limited to facilitating the communication between User and the Vendor through this site.

1.3. Toours only routes payments from Customers. Toours does not guarantee payments to Vendors for amounts that have not been successfully received by Toours from Customers.

2. CHARGES & PRICING INFORMATION

2.1. Toours does not charge any fee for browsing and booking of Services on the Platform. User can create free membership accounts on the Platform. In particular, Toours may at its sole discretion introduce new services and modify some or all of the existing Services offered on the Platform.

2.2. User shall be solely responsible for compliance of all applicable laws including those in India for making payments to Toours.

2.3. Toours strives to provide Users through its Vendors best possible prices for the Services enumerated on the Platform. However, Toours does not guarantee that the price will be the lowest in the city, region or geography.

2.4. While Toours endeavors to provide quality Services and accurate pricing information, typographical and other errors may occur. In the event that a Service is listed at an incorrect price or with incorrect information due to an error in pricing or Service information, Toours may, at its discretion, either contact User for instructions or cancel User’s booking and notify User of such cancellation.

2.5. Toours will have the right to rectify the price of the Service and contact User for further instructions via e-mail address provided by User at the time of registration, or cancel the booking and notify User of such cancellation. If Toours cancels the order after the payment has been processed, the said amount will be remitted to User’s account from which the payment was made.

2.6. Toours is a facilitator for payment from User to the Vendor and Toours’ obligation to pay the Vendor is conditional upon successful receipt of the associated payments from User. Toours does not guarantee payments to Vendors for amounts that have not been successfully received by Toours from the User.

3. PAYMENT OPTIONS

3.1. Online Card Payments

Since the banks atomize the card transaction directly without any information passing through Toours, there is no need to be worried about your card information falling into the wrong hands. Visa, Master and American Express Card payments are processed through an online payment gateway system. We do not directly process any payments and do not store your credit card information. An authorization code and confirmation of completion of transaction is issued by the bank within seconds of using the online payment gateway.

We use 128 bit encryption technology and other sophisticated methods to protect your credit card information. Please note that we are a Verisign Certified Site (     IF YOU ARE NOT THEN I SHALL REMOVE THIS) and Secured socket layer ("SSL") technology is used for processing payment transactions with third- party service provider partners, such as PayU, PayPal, and Billdesk.

  1. Internet Banking

You can pay for your order through the net banking facility of the below mentioned banks. Toours.com processes payments through an online gateway system which enables safe and secure transactions.

  • Allahabad Bank
  • Axis Bank
  • Bank of Baroda
  • Bank of India
  • City Union Bank
  • Corporation Bank
  • Deutsche Bank
  • Federal Bank
  • Karnataka Bank
  • Kotak Bank
  • Central Bank of India
  • Shamrao Vitthal Cooperative Bank
  • Bank of Maharashtra
  • Bank of Bahrain and Kuwait
  • Indian Bank
  • Lakshmi Vilas Bank
  • Vijaya Bank
  • South Indian Bank
  • United Bank
  • Union Bank
  • Jammu &Kashmir Bank
  • Catholic Syrian Bank
  • ING VYSYA Bank
  • Standard Chartered
  • Tamil Nadu Cooperative Bank
  • Development Bank of Singapore
  • Punjab & Maharashtra Bank
  • Canara Bank
  1. Post payment

We are continuously striving to bring the ease and convenience at your doorsteps. For this, we are trying to add more and more vendors who are ready to accept the payment on their reception as post payment. Post payment options, if available for the selected service you are booking, are reflected under the option make payment> pay at counter

3.4. Gateway Charges

3.4.1. Please note that Toours cannot control any fees that may be charged to User by his/her bank related to such a transaction and Toours disclaims all liability in this regard.

4. TRANSACTION CONFIRMATION

4.1. User should not take any action based on information on the Platform until User has received a confirmation of User’s transaction. In case of confirmations to be received by email, if User does not receive any confirmation of User’s purchase/transaction within the stipulated time period, User may first look into "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact Toours on __________________.

4.2. The total price payable will be displayed to the User before making payment to the Vendor. Users are hereby informed that in case of a booking request being rejected by a Vendor (i.e. not confirmed by the applicable Vendor), any amounts collected by Toours for such booking will be refunded to the User’s Account used for making the payments.

4.3. As a general rule, Toours will remit to the Vendor the applicable amount due once Toours receives confirmation of a booking from the applicable Vendor. Total price may instead be collected as part payments, as per Vendor policy.

5. AMENDMENT AND CANCELLATION POLICY

5.1. All amendments and cancellation of booking shall be as per the notifications/ policy provided by the Vendor and shall be routed through Toours.

5.2. If a Vendor cancels a confirmed booking made via the Toours’s Site:

5.2.1. Toours will refund the total price paid by the User for such booking to the applicable User within a commercially reasonable time of the cancellation;

5.2.2. If applicable, the User will receive an email or other communication from Toours containing available alternative listings of the earlier previously desired Services as offered by and available with the Vendor;

5.2.3. If the User requests booking from one of the enlisted alternatives and the concerned Vendor confirms the User’s booking request, in that case the User agrees to pay Toours the differential cost relating to the confirmed booking for the desired Service, in accordance with these Terms.

6. REFUND POLICY

6.1. In case of no-show or unutilized bookings, User shall be required to make requests for any valid and applicable refunds, as per Vendors’ policies, within 90 days from the travel date. No refund would be payable for any requests made after the expiry of 90 days of travel date/ check-in as aforementioned and all unclaimed amounts for such no-show or unutilized bookings shall accordingly be deemed to have been forfeited.

6.2. The refund shall be processed within 15-20 working days from the date of the cancellation request, after receiving back to back refund from the concerned Vendor. If Toours has received the payment through a valid credit card, then the same will be refunded to User’s credit card.

6.3. In case User avails to book any of the Services offered by the Vendor and is, thereafter, not contactable on the contact details provided, then the tour reservation selected by User will stand cancelled and Toours or the Vendor would not be liable for any charges/expenses incurred by User, either directly or indirectly in this regard.

7. PROMOTION CODES

7.1. Toours may generate promotion codes from time to time which may be availed on the site as a discount coupon, if applicable.

7.2. Toours reserves the right to add, alter, modify, withdraw all or any of the Terms and Conditions or replace, wholly or in part, the program by any other program, whether similar to this program or not or withdraw it altogether without any prior notice.

7.3. In case of dispute with any party, Toours's decision will be binding and final.

7.4. When User registers with Toours, Toours or any of its partners/affiliate/group companies may contact User from time to time to provide the offers/information of such Services that Toours or such other group companies believe may benefit User.

8. USERS RESPONSIBILITIES & LIABILITY

8.1. General Understanding

8.1.1. User shall be responsible for their own actions in utilizing the Services purchased by User, and Toours shall not be liable for any such action. Toours is only providing a platform for communication and it is agreed that the contract for Service shall be a strictly bipartite contract between the Vendor and User.


8.1.2. User represents that User is of legal age to form a binding contract with Toours and is not a person barred from receiving Services under the laws as applicable in India. 

8.1.3. User confirms that Toours shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Platform. 

8.1.4. Any references to a Vendor being "verified" (or similar language) only indicate that the Vendor has completed a reasonable verification process. Any such description is not an endorsement, certification or guarantee by Toours about any Vendor, including of the Vendor's identity and credibility. Toours therefore recommends that you always exercise due diligence and care when deciding whether to avail services from a Vendor, or while having any other interaction with them.


8.1.5. Upon receiving User’s complaint, Toours shall inform the relevant Vendor of such complaint and request for an explanation. Users are required to refrain from raising frivolous and baseless complaints. User expressly acknowledges that the Vendor providing the deficient Service will be solely responsible to User for any claims that User may have in relation to such defective service and Toours shall not in any manner be held liable for the same. 

8.1.6. Unless due to User’s negligence, in the event the Vendor fails to complete a delivery of any Service, User acknowledges that the Vendor will be liable to make any applicable refunds or payments. User agrees that Toours will not be held liable for failure of the Vendor to make available any Service therein.


8.1.7. The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Toours. The User further consents that the terms and contents of such Privacy Policy are acceptable to him. In general: 


8.1.7.1. Toours reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Toours's sole discretion. 


8.1.7.2. When User registers with Toours, Toours or any of its Vendor/partners/affiliate/group companies may contact User from time to time to provide the offers/information of such services.

8.2. Proprietary Rights

8.2.1. Toours may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Toours and shall not copy, transmit or create derivative works of such material without express authorization from Toours. 

8.2.2. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website/Platform that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

8.3. Limited User

8.3.1. The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.


8.3.2. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Toours's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

8.4. Prohibition against Unlawful Use

8.4.1. As a condition of the use of the Website, the User warrants that they will not use the Website 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 Website 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 Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.


8.4.2. Toours reserves the right, in its sole discretion, to terminate the access to the website/Platform and the related functionalities, or any portion thereof at any time, without notice.

8.5. Suspension/Termination

8.5.1. Without prejudice to the other remedies available to Toours under this agreement, or under applicable law, Toours may limit the User's activity, or end the User's listing, warn other Users of the User's actions, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the Website if:

8.5.2.1. The User is in breach of this Agreement and/or the documents it incorporates by reference;

8.5.2.2. Toours/Vendor is unable to verify or authenticate any information provided by the User; or


8.5.2.3. Toours believes that the User'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 website and/or Toours.


8.5.2. Toours may at any time in its sole discretion reinstate suspended Users. Once the User have been suspended the User may not register or attempt to register with Toours or Use the website in any manner whatsoever until such time that the User is reinstated by Toours. 
8.5.3. Notwithstanding the foregoing, if the User breaches this Agreement or the documents it incorporates by reference, Toours reserves the right to recover any amounts due and owing by the User to Toours and/or the service provider and to take strict legal action as Toours deems necessary.

10. Disclaimer of warranties:

You expressly acknowledge and agree that use of the platform and the service is entirely at your own risk and that the platform and the service are 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, buyguyana, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the platform and your use thereof. buyguyana makes no warranties or representations about the accuracy or completeness of the platform's content or the content of any third party websites linked to the platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, and/or (v) 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. buyguyana does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked website or featured in any banner or other advertising, and buyguyana will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services and vendors. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

11. Limitation of liability:

in no event shall buyguyana, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if buyguyana has been advised of the possibility of such damages), resulting from any aspect of your use of the platform or the service, including without limitation whether the damages arise from use or misuse of the platform or the service, from inability to use the platform or the service, or the interruption, suspension, modification, alteration, or termination of the platform or the service. 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, as well as 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 buyguyana site. these limitations shall apply to the fullest extent permitted by law. you specifically acknowledge and agree that buyguyana 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. toours shall not assume any liability for the non-availability of the services where required or any action or inaction that might be taken by the vendor. the platform is controlled and offered by buyguyana. buyguyana makes no representations or warranties that the platform is appropriate for use in other locations. those who access or use the platform from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

11. GOVERNING LAW

11.1. These Terms & Conditions and the relationship between User and Toours shall be governed in accordance with the laws of India without reference to conflict of laws principles.

11.2. User agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms & Conditions, User agreement or any transactions entered into on or through the Platform or the relationship between User and Toours shall be subject to the exclusive jurisdiction of the courts at _________(place)____________ and User hereby accede to and accept the jurisdiction of such courts.


ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY USER.