User 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).

You are requested to read the Terms and Conditions, Privacy Policy and other service related terms 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.

  1. Acceptance of Terms
    1. toours.com is owned and operated by Dot eVentures Pvt. Ltd., having its registered office at Plot no 141, Prashasan Nagar, Hyderabad, hereinafter referred to as “Toours” or “we”. Toours 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, hereinafter referred collectively to as the "Service" through its website www.toours.com,hereinafter referred to as the "Platform").
    2. The Platform and the Services are provided to you, subject to these Toours’ User Agreement, Privacy Policy, Refund Policy and the help section amended from time to time, hereinafter referred to as the “Terms”. The terms “you”, “your” and “User” shall mean any person who subscribes, purchases and/or books the services listed on the Platform, whether through manual or automated means, creates his/her/its account, logins into the platform in any manner whatsoever including persons browsing the platform and its content and responds the listings on the Platform.
    3. You agree to comply with these terms of use 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. 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.
  2. Service Description And Content
    1. Toours 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. (“Listings”), offered by various third-party service providers hereinafter referred to as Vendor(s). Additionally, the vendors itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers' fare rules, contract of carriage or house rules.
    2. Toours at its sole discretion reserves the right not to accept any order placed by the User through the Platform without assigning any reason thereof. Any contract to provide any service by Toours is not complete until full money towards the service is received from the User and is accepted by Toours.
    3. You agree and understand that we are not responsible for ads, business listings & informations, messages between users of the Platform, directory information, including without limitation e-mails sent from outside our domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined herein below) or offerings, postings, files, comments, photos, images, sounds video, business listings/information and directory information or any other material made available through the Platform ("Content"),
    4. By using the Platform and the Service, you agree that you may be exposed to Content that is offensive, defamatory or libellous, inaccurate, misleading, indecent, or otherwise objectionable. You acknowledge and agree that you are responsible for, and bear all risks associated with, the use of any content, that you may not rely upon, and that we, under no circumstance, shall be held liable for any loss or damage incurred by you as a result of browsing and using any content listed on the platform.
    5. You acknowledge and agree that we do not pre-screen and approve any content and or listing before its posting on the website, but we reserve the right to refuse, delete or move any content or listing available or may be available through the service, for violating these Terms and such violations being brought to our knowledge or for any other reason(s) or without any reason in our sole and absolute discretion. Further, the platform and the content brought to you through platform may contain links of the third party websites (“Third Party Website”) for which you are subject to and required to agree to the terms and conditions of such third party websites. We do not represent and guarantee, in any manner whatsoever, the genuineness and authenticity of the contents of the third party websites. You agree to assume the risk and hold harmless Toours from any loss and damage resulting from linking to, browsing and using the contents available on third party websites.
    6. Toours does not endorse any listing/Content or any opinion, statement, recommendation, or advice expressed therein, and Toours expressly disclaims any and all liability in connection with listings. Toours does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Toours 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 reserves the right to remove any Content without prior notice. Toours may also terminate a user's access to the Platform, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, Toours reserves the right to decide whether any Content is appropriate and complies with these Terms.
  3. Conduct

    You agree to not to use the platform in the ways other than the uses specifically mentioned herein. You acknowledge, agree, represent and warrant that the content and listings available on the platform shall not be bought into uses which are unsolicited, illegal, unethical, immoral and harmful in any manner whatsoever.

  4. Privacy Policy

    The User hereby agrees, represents, covenants, accepts and admits that it has read Toours Privacy Policy and Cookies Use Policy HERE.

  5. Limited User 

    You hereby agree and undertake to 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 Toours Services, including the use of the Platform, is not for commercial use by a User but is specifically meant for your personal use only.

    Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

  6. Disclaimer of Warranties:
    1. 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, Toours, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the platform and your use thereof. Toours makes no warranties or representations about the accuracy or completeness of the platform's content or the content of any third party Platforms linked to the platform and assumes no liability or responsibility for any:
      • Errors, mistakes, or inaccuracies of content;
      • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform and service,
      • Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,
      • Any interruption or cessation of transmission to or from the platform,
      • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, and/or
      • 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 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 Platform or featured in any banner or other advertising, and Toours 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. 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. Toours acts only as a booking agent and facilitator of services on behalf of third party service providers, 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 the service providers. In no circumstances shall Toours be liable for the services provided by the service provider.
  7. Limitation of Liability:
    1. In no event shall Toours, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Toours 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 Toours site. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Toours shall not be liable for Vendor submissions or the defamatory, offensive, or illegal conduct of any user or third party or vendor and that the risk of harm or damage from the foregoing rests entirely with you.  Although Toours 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 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 the vendors. Toours acts only as a facilitator of the platform and shall not be held liable for any changes, deficiencies, disputes, etc. related to the services being provided by the vendors, including the matters related to delays in refunds or no refunds, of the fares and charges paid to Vendors. All refunds to User/customer on account of cancellation of any tickets/services or otherwise shall be made subject to receipt of such refunds by Toours from the respective Vendor. Toours does not endorse any advertiser on its Platform in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. Toours does not, by offering travel related services to particular destinations, represent or warrant that travel to such destinations is without risk, and shall not be liable for damages or losses that may result from travel to such destinations.
    3. In no event shall Toours be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
      • The use or the inability to use the services;
      • The cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services;
      • unauthorized access to or alteration of the User's transmissions or data;
      • 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. Neither shall Toours be responsible for the delay or inability to use/avail the Platform or Services, the provision of or failure to provide services by Service Provider, or for any information, software, products, services and related graphics obtained from Toours, whether based on contract, tort, negligence, strict liability or otherwise.
    4. Toours 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's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained from Platform/Toours is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.
    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 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 shall be liable for any consequential loss, damage or additional expense whatsoever. In no event Toours shall be liable for any kind of refunds/returns of charges/fee/fares for rendering the services to User/customer. To remove the doubts, it is clarified that a User can raise the refund and cancellation request(s) .The said requests are subject to Toours’ Refund and Cancellation Policies and Vendor’s Refund and Cancellation Policies. However, the User, in no event, shall ask the Toours to refund/return the fees/charges/payments (out of its accounts) which have been paid/made to the Vendors for the services availed.
  8. Links to Third Party Sites
    1. The Platform may contain links to other Platforms, hereinafter referred to as “Linked Sites”. The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Toours is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Toours is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Toours or the Platform of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
    2. We do not represent and guarantee, in any manner whatsoever, the genuineness and authenticity of the contents of the third party Platforms. You agree to assume the risk and hold harmless Toours from any loss and damage resulting from linking to, browsing and using the contents available on third party Platforms.
  9. Use of Communication Services
    1. The Platform may contain services such as email, chat, bulletin board services, information related to various tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other message, hereinafter collectively referred to as “Communication Services”. The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:

      • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
      • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
      • upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
      • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
      • advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
      • conduct or forward surveys, contests, pyramid schemes or chain letters;
      • download any file posted by another User of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
      • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
      • violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
      • violate any applicable laws or regulations for the time being in force in or outside India; and
      • Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Platform contained elsewhere herein.
    2. Toours will review materials posted through Communication Service and shall remove any materials in its sole discretion. Toours reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
    3. 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.

    4. Toours does not control or endorse the content, messages or information found in any communication service and, therefore, Toours specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the User's participation in any communication service.

    5. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.

    6. When you register with Toours.com, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/services that we believe may benefit you on the contact details provided by you during the registration process.

    7. Subscription/Booking/Purchasing Charges

    10.1 The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for subscribing, booking and or purchasing the Services available on Tours.

    1. User's Obligations and User Account

    11.1 The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the Contract Act 1872 and other applicable law.

    11.2 To avail a Service through the Platform, the User has and must continue to maintain at his sole cost: (a) all the necessary equipment including a computer and modem etc. to access the Platform/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.

    11.3 The User also understands that the Services may include certain communications from Toours as Service announcements and administrative messages. The User understands and agrees that the Services are provided on an "as is" basis and that Toours does not assume any responsibility for deletions, mis-delivery or failure to store any User communications or personalized settings.

    11.4 Registration of the User on the Platform is optional. If the User opts to register himself on the Platform, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Toours. You confirm that you are the authorized holder of the credit card or the original account holder used in the transactions you make using the Toours services. Toours will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using Toours Services.

    11.5 The User also agrees and undertakes to immediately notify Toours of any unauthorized use of the User's password or user id and to ensure that the user logs off at the end of each session at the Platform. Toours shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.

    11.6 The User 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 User provide any information that is untrue, inaccurate, not current or incomplete or Toours has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Toours has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Platform and/or any Service.

    11.7 Furthermore, the User grants Toours the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.

    1. Relationship

     
    12.1. None of the provisions of this agreement, terms and conditions, notices or the right to use the Platform by the User contained herein or any other section or pages of the Platform and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Toours 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 User authorizes Toours and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Toours and its agents as their agent for this purpose.

    1. Headings

     
    13.1. 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 intent of this user agreement, the terms of service/terms and conditions or the right to use the Platform by the User contained herein or any other section or pages of the Platform or any Linked Sites in any manner whatsoever.

    1. Interpretation of Number and Genders

     
    14.1. 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.

    1. Indemnification

     
    15.1. The User agrees to indemnify, defend and hold harmless Toours 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 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 User pursuant to this user agreement and/or the terms of service/terms and conditions.

    1. Severability

     
    16.1. 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.

    1. Termination of Agreement and Services

    17.1 Either the User or Toours may terminate this Agreement and a Service with or without cause at any time to be effective immediately.

    17.2 The User agrees that Toours may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Platform and Services. Causes for termination may include, but shall not be limited to, breach of this user agreement or the terms and conditions/terms of service, privacy policy including the help section, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable terms of service/terms and condition.

    17.3 This Agreement may be terminated by either the User or Toours through a written notice to the other. Toours shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any terms of service or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Platform/Service; and (b) notify Toours of such discontinuance.

    17.4 Upon termination of the Service, User's right to use the Platform/Services and software shall immediately cease. The User shall have no right and Toours shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Platform may not be retrieved later.

    1. Terms and conditions for products serviced by Vendors

    23.1. Dot eVentures Pvt. Ltd., having its registered office at Plot no 141, Prashasan Nagar, Hyderabad, hereinafter referred to as “Toours”, “Toours.com and “we”, provides various bookable services which includes travel packages, travel related services, Hotel, Car, Train, Bus Ticket booking, hereinafter referred to collectively as the “Service” on its Website/Platform www.toours.com, hereinafter referred to as the “Platform”.

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

    23.3. 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.

    23.4. 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 23.5. 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.

    23.6. BUSINESS

    23.6.1. Toours 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. offered by various third-party service providers hereinafter referred to as “Vendors” and “Affiliates”.

    23.6.1. Vendors and Affiliates are the service providers for the Services booked, purchased or subscribed via 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 acts only as an intermediary between the User and the Vendor.  Toours's deliverable is limited to facilitating the communication between User and the Vendor through this platform.

    23.6.1. Toours routes payments from Customers to the Vendor for the Services which have been put by the vendors on the platform for booking and sale to the User. Toours does not guarantee payments to Vendors for amounts that have not been successfully received by Toours from Customers.

    23.7. CHARGES & PRICING INFORMATION

    23.7.1. 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.

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

    23.7.3. 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.

    23.7.4. 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.

    23.7.5. Toours will have the right to rectify the price of the Service and contact User for further instructions via e-mail address and/or mobile phone number provided by the 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.

    23.7.6. 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.

    23.8. Payment Options

    23.8.1. Online Card Payments

    23.8.1.1. 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.

    23.8.1.2. We use 128 bit encryption technology and other sophisticated methods to protect your credit card information. Please note that we are a and Secured socket layer ("SSL") technology is used for processing payment transactions with third- party service provider partners, such as PayU, PayPal, EBS and Billdesk.

    23.8.2. Internet Banking

    You can pay for your order through the net banking facility. The list of the banks is reflected on the payment gateways. You will be required to select the name of the bank and then proceed for making payment via net banking.  Toours.com processes payments through an online gateway system which enables safe and secure transactions.

    23.8.3. 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

    23.8.4. Gateway Charges

    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.

    23.9. TRANSACTION CONFIRMATION

    23.9.1. 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 __________________.

    23.9.2. 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.

    23.9.3. 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.

    23.10. AMENDMENT AND CANCELLATION POLICY

    23.10.1. Visit our Amendment and Cancellation Policy Page HERE

    23.11. REFUND POLICY

    23.11.1. Please visit our Refund Policy page HERE

    23.12. PROMOTION CODES

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

    23.12.2. 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.

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

    23.12.4. 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.

    23.13. 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. 

    8.4. 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.

    1. Notices


    24.1. All notices and communications (including those related to changes in the User 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:

    • If to Toours, at ______________@toours.com and/or at the address posted on the Platform.
    • If to a non-registered User, at the communication and/or email address specified in the application form availing of a Toours Service.
    • If to a registered User, at the communication and/or email address specified in the registration form. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.


    1. GOVERNING LAW

    25.1. This agreement and each terms of service including the terms and conditions, 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.


    25.2. 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 Hyderabad 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.