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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
17.3 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.
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.
23.6.1. 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
126.96.36.199. 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.
188.8.131.52. 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.
184.108.40.206. 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.
220.127.116.11. 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.
8.5.1. 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:
18.104.22.168. The User is in breach of this Agreement and/or the documents it incorporates by reference;
22.214.171.124. Toours/Vendor is unable to verify or authenticate any information provided by the User; or
126.96.36.199. 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.
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:
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.